§ 11B-35A. Disclosure of illegal or improper actions.

(a) Definitions. In this Section, the following words have the meaning indicated:

Covered employee means an employee of a contractor or subcontractor that performs or performed services under a contract subject to this Section.

Employer means a contractor or subcontractor that, through the use of a covered employee, performs or performed services under a County contract.

Personnel action means an act or omission by the employer that has a significant adverse impact on the employee, or a change in the employee’s duties or responsibilities which is inconsistent with the employee’s position and salary.

(b) Policy. A covered employee must not be subjected to a personnel action by the Employer for disclosing, to a County official or employee, information involving the solicitation, award, administration, or performance of any contract that the employee reasonably believes is:

(1) an abuse of authority, gross mismanagement, or gross waste of money;

(2) a substantial and specific danger to public health or safety; or

(3) a violation of law.

(c) Each contract must:

(1) prohibit retaliation by the Employer against a covered employee who discloses any illegal or improper action described in subsection (b); and

(2) specify that an aggrieved covered employee, as a third-party beneficiary, may by civil action recover compensatory damages, including interest and a reasonable attorney’s fee, against the employer for retaliation in violation of this Section.

(d) In addition to other authority granted by law, the Director may cancel, terminate, or suspend a contract, in whole or in part, and declare a contractor or subcontractor ineligible for further County contracts based upon a final court judgment in favor of a covered employee for retaliation in violation of this Section. The Director may impose other appropriate sanctions and remedies as provided in applicable regulations or by contract. Each Contractor must bind its subcontractors contractually to comply with this Section.

(e) This Section does not prohibit a personnel action against a covered employee that would have been taken regardless of a disclosure of information described in subsection (b). (, § 2.)