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(A) For the purpose of this section and the accompanying penalties as set forth in § 21.99, the following definitions apply:
EMPLOYEE. Individuals employed by Louisville Metro Government, including a person under contract of hire, express or implied, oral or written, where Louisville Metro Government has the power or right to control and direct the material details of work performance. This section shall not apply to employees, whose allegations of retaliation are covered by a collective bargaining agreement.
SUPERVISOR. Any person authorized to act on behalf of Louisville Metro Government with respect to formulation of policy or the supervision, in a managerial capacity, of subordinate employees.
(B) No Metro Officer or supervisor shall subject to reprisal, or directly or indirectly use, or threaten to use, an official authority or influence, in any manner whatsoever, which tends to discourage, restrain, depress, dissuade, deter, prevent, interfere with, coerce, or discriminate against any other officer, supervisor or employee who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Ethics Commission, any appointing authority, any law enforcement agency or its employees, or any other appropriate body or authority, any facts or information relative to an actual or suspected violation of this subchapter or any law, statute, executive order, administrative regulation, mandate, rule, or ordinance of the United States, the Commonwealth of Kentucky, or the Louisville/Jefferson County Metro Government, or any facts or information relative to actual or suspected mismanagement, waste, fraud, abuse of authority, or a substantial and specific danger to public health or safety. No Metro Officer, supervisor or Metro Government employee or employee of any office covered by this chapter shall be required to give notice of any kind prior to making such a report, disclosure, or divulgence.
(C) No person shall be subject to discharge or disciplinary action if such person elects not to answer inquiries or speak or testify about any complaint or at any proceeding of the Ethics Commission.
(D) No Metro Officer or supervisor shall subject to reprisal or discriminate against, or use any official authority or influence to cause reprisal or discrimination by others against, any person who supports, aids, or substantiates any officer or employee who makes public any wrongdoing set forth in subsection (A).
(E) For the purpose of this section, only an employee who is alleging direct retaliation may file a complaint with the Louisville/Jefferson County Ethics Commission against a supervisor for conduct identified in subsection (B), (C), or (D).
(F) A complaint filed by an employee against a supervisor pursuant to this section shall follow the complaint process as set forth in § 21.06.
(G) Upon request by the Ethics Commission, Metro Government, including the executive and legislative branches, shall provide relevant records except those records deemed confidential under federal or state law as determined by the record holder and with a written explanation of the nature of confidentiality to the Ethics Commission. Any records provided by Metro Government shall remain Metro Government records. The exchange of records or the sharing of information with the Ethics Commission does not constitute a waiver of any applicable open records exemption.
(H) Complaints alleging retaliation under subsections (B), (C), or (D) filed within one year of passage of Ordinance No. 213-2014 shall be exempt from the hearing deadline set forth in § 21.06(B)(7).
(Lou. Metro Ord. No. 71-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 52-2010, approved 3-25-2010; Lou. Metro Am. Ord. No. 213-2014, approved 1-2-2015) Penalty, see § 21.99