CHAPTER 230

FORMERLY

SENATE BILL NO. 21

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 51, TITLE 29, DELAWARE CODE, RELATING TO PROTECTION OF PUBLIC EMPLOYEES REPORTING SUSPECTED VIOLATION OF LAW.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5115, Chapter 51, Title 29, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

§5115. Protection of public employees reporting suspected violation of law.

(a) For purposes of this section, the following words, terms, and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) 'public employee' shall mean any full-time or part-time employee of the State, its school districts, or a county or municipal government.

(2) 'elected official' shall mean the Auditor of Accounts, a State, school district, county, or municipal official elected by popular vote of same, and employees of said offices,

(b) No public employee shall be discharged, threatened or otherwise discriminated against with respect to the terms or conditions of his or her employment because that public employee reported, in a written or oral communication to an elected official, a violation or suspected violation of a law or regulation promulgated under the law of the united States, this • State, its school districts, or a county or municipality of this State unless the employee knows that the report is false.

(c) An employee who alleges a violation of this section may bring a civil action for appropriate Injunctive relief, actual damages, or both, within 90 days after the occurrence of the alleged violation of this section."

Approved May 27, 1994.