Overview

This legislation is designed to enhance accountability and transparency within state government operations by requiring employees, contractors, and organizations receiving government funds to report any suspicious or potentially illegal activities they observe. The law serves as the foundation for the Good Governance Guarantee, a key initiative of Nations In Action.

Section 1: Employee Protection Affidavit

(a) Mandatory Affidavit Submission: All state employees, employees of political subdivisions within the state, registered lobbyists, and employees of organizations or non-profit entities receiving government funds must submit completed and signed affidavits before receiving payment.
(b) Affidavit Content: The affidavit must affirm whether or not the employee has not witnessed any illegal, potentially illegal, or illicit activities related to the use of funds, assets, or the execution of duties or oath of office.
(c) Definition of Potential Illegality: Potential illegality includes violations of laws, rules, regulations, constitutional principles, or ethical standards.

Section 2: Required Employees

(a) Applicability: The requirements outlined in Section 1 apply to all employees who are subject to the regulations or policies of this legislation to ensure transparency and accountability in government operations.

(b) Definition of Required Employees: A "required employee" includes, but is not limited to:

• Full-time employees

• Part-time employees

• Temporary employees

• NGO employees

• Contractors and subcontractors

• Lobbyists

• Volunteers

(c) Whistleblower Protections: Required employees are protected under the following laws and acts:

• State Whistleblower Laws

• False Claims Act (FCA)

• Whistleblower Protection Act (WPA)

• Defense Contractor Whistleblower Protection Act (DCWPA)

• National Defense Authorization Act (NDAA)

• Sarbanes-Oxley Act (SOX)

• Witness Protection Programs

• Internal policies of individual organizations, including lobbying firms

Section 3: Enforcement and Consequences

(a) Penalties for False Information: Any “Required Employee” that knowingly falsifies the “Employee Protection Affidavit” shall be prosecuted for felony perjury and banned from government employment and positions as “Required Employees”. Employment policies shall include repercussions for falsifying affidavits including confiscation of pension to reimburse government for investigation and prosecution, termination including loss of health insurance, and exclusion from government and “Required Employees” jobs for falsifying affidavits. Required employees conducting illegal activities shall be banned from working in any role of a “Required Employees” and submit accurate affidavits.

(b) Legal Reporting: Employees found to have knowingly submitted false affidavits shall be reported to law enforcement for investigation and legal action.

(c) Investigation Process: The Attorney General shall establish a process to investigate claims of illegal activities related to the use of funds, assets, or the execution of duties or oath of office. “Required Employees” found guilty of crimes within their position shall be banned from government employment.

(d) Penalties for Non-Compliance: Penalties for failing to report or providing false information include job termination, loss of pension, healthcare, fines, incarceration, and felony conviction. These penalties must be clearly stated on the affidavit form.

(e) Immediate Reporting of Illegality: Affidavits marked with "illegal" activity must be forwarded to the appropriate law enforcement authorities within 48 hours.

Section 4: Reporting Mechanism to the Good Governance Task Force

(a) Designated Reporting System: A reporting system will be implemented to allow required employees to report potential violations of law, misuse of funds, assets, or violations of duties or oath of office.

(b) Formation of the Good Governance Task Force: A three-member Good Governance Task Force will be appointed, consisting of:

• One member appointed by the Governor

• One member appointed by the Speaker of the House

• One member appointed by the Presiding Officer of the Senate

 

All members must be currently employed state or local law enforcement officers, with at least one member serving as either a law enforcement officer or prosecutor. No two members may be from the same law enforcement agency or office.

(c) Unanimous Decisions: The Task Force must reach a unanimous decision to submit or dismiss any accusation made by a required employee, ensuring that all determinations are made collectively.

(d) Access to Affidavit Information: Information from affidavits submitted by required employees will be made available to local, state, and/or federal law enforcement authorities to assist in investigations of potential illegal activities.

(e) Whistleblower Protections: Required employees are fully protected as whistleblowers under the law.

Section 5: Transparency Measures

(a) Reporting and Auditing: Post-adjudication, the Good Governance Task Force will report the outcomes of prosecutions monthly to the Governor, legislature, and public. An annual audit will be conducted, capturing costs and savings, and will be made public upon completion.

Section 6: Administration of the Affidavit Process

(a) Executive Director Appointment: The Governor will appoint an executive director to implement the Employee Protection Affidavit Program. This individual may hold a dual position within the state law enforcement department or the Office of the Inspector General.

(b) Employer Authority: Employers have the authority to establish processes for administering the affidavit requirement, which must comply with the guidelines set by the Attorney General to ensure consistency and adherence to state regulations.

(c) Submission Frequency: Employees must submit their completed affidavits no less than monthly or before the end of the current pay period, whichever arrives first.

(d) Confidentiality of Affidavits: Affidavits must not be submitted to immediate supervisors or individuals named within. They should be delivered directly and discreetly to law enforcement at the Good Governance Task Force.

(e) Alternative Submission: Employees may also deliver affidavits directly to law enforcement officials, with a notification to the Good Governance Task Force.

Section 7: Penalties

Failure to comply with the affidavit submission, review, and adjudication processes, or transparency requirements, may result in termination, fines, incarceration, and loss of job, health insurance, and pension.

Section 8: Effective Date

This law will take effect on [Insert Effective Date Here or Upon Signature of the Governor].