Management and Fiscal Policy Committee
Robert H. Drummer, Senior Legislative Attorney
Worksession: Bill 2-10, PersOlmel - Contracts - Retaliation
Bill 2-10, Personnel - Contracts - Retaliation, sponsored by Council Vice President
Ervin, Councilmember Andrews, Councilmember Trachtenberg, Council President Floreen,
Councilmember Navarro and Councilmember EIrich, was introduced on January 19. A public
hearing was held on February 9.
Bill 2-10 would prohibit retaliation against a County employee or an employee of a
County contractor or subcontractor for disclosing information about illegal or improper action in
County government to a County official or employee. The Bill would protect an employee who
has a good faith belief the information disclosed is accurate even if it is not.
The Bill would also permit an appeal to the Merit System Protection Board by a County
employee who alleges a retaliatory personnel action in violation of this law. Finally, the Bill
would require County contracts and subcontracts to specify that an aggrieved employee, as a
third-party beneficiary, may by civil action recover compensatory damages, including interest
and a reasonable attorney's fee, against the contractor or subcontractor for retaliation in violation
There were no speakers at the Council's February 9, 2010 public hearing.
What is the Bill's fiscal and economic impact?
The Bill should not have a significant fiscal impact on the County. The Department of
General Services (DGS) may need to expend additional staff time to publicize and implement the
new contract requirements, but the additional time should be reduced over time. DGS and the
County Attorney's Office may also have to spend some additional time in contract enforcement
actions on an intermittent basis. The Bill would remove the Merit System Protection Board
(MSPB) authority to investigate retaliation claims, but this fbnction has not been funded in