(a) A supervisor shall not discharge, demote, transfer, or otherwise discriminate against a public employee regarding such employee's compensation, terms, conditions, or privileges of employment based on the employee's reporting a violation, or what he or she believes in good faith to be a violation, of this chapter or giving truthful statements or truthful testimony concerning an alleged ethics violation.
(b) Nothing in this chapter shall be construed in any manner to prevent or prohibit or otherwise limit a supervisor from disciplining, discharging, transferring, or otherwise affecting the terms and conditions of a public employee's employment so long as the disciplinary action does not result from or is in no other manner connected with the public employee's filing a complaint with the commission, giving truthful statements, and truthfully testifying.
(c) No public employee shall file a complaint or otherwise initiate action against a public official or other public employee without a good faith basis for believing the complaint to be true and accurate.
(d) A supervisor who is alleged to have violated this section shall be subject to civil action in the circuit courts of this state pursuant to the Alabama Rules of Civil Procedure as promulgated by the Alabama Supreme Court.
(e) A public employee who without a good faith belief in the truthfulness and accuracy of a complaint filed against a supervisor, shall be subject to a civil action in the circuit courts in the State of Alabama pursuant to the Alabama Rules of Civil Procedure as promulgated by the Supreme Court. Additionally, a public employee who without a good faith belief in the truthfulness and accuracy of a complaint as filed against a supervisor shall be subject to appropriate and applicable personnel action.
(f) Nothing in this section shall be construed to allow a public employee to file a complaint to prevent, mitigate, lessen, or otherwise to extinguish existing or anticipated personnel action by a supervisor. A public employee who willfully files such a complaint against a supervisor shall, upon conviction, be guilty of the crime of false reporting.
Structure Code of Alabama
Title 36 - Public Officers and Employees.
Chapter 25 - Code of Ethics for Public Officials, Employees, Etc.
Section 36-25-1 - Definitions.
Section 36-25-1.3 - Economic Development Professionals.
Section 36-25-2 - Legislative Findings and Declarations; Purpose of Chapter.
Section 36-25-4.2 - State Ethics Commission - State Ethics Law Training Programs.
Section 36-25-4.3 - Ethics Commission - Electronic Database Filing and Access.
Section 36-25-5 - Use of Official Position or Office for Personal Gain.
Section 36-25-5.1 - Limitation on Actions of Lobbyists, Subordinates of Lobbyists, and Principals.
Section 36-25-6 - Use of Contributions.
Section 36-25-8 - Use or Disclosure of Confidential Information for Private Financial Gain.
Section 36-25-12 - Offering, Soliciting, etc., Thing of Value to or by Member of Regulatory Body.
Section 36-25-14 - Filing of Statement of Economic Interests.
Section 36-25-17 - Reports of Violations; Cooperation of Agency Heads.
Section 36-25-18 - Registration of Lobbyists Required; Filing of Supplemental Registration.
Section 36-25-19 - Registered Lobbyists and Other Persons Required to File Quarterly Reports.
Section 36-25-21 - Reports Constitute Public Records; Reports Available for Public Inspection.
Section 36-25-26 - False Reporting for Purpose of Influencing Legislation.
Section 36-25-27 - Penalties; Enforcement; Jurisdiction, Venue, Judicial Review; Limitations Period.