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HB 2160

Concerning eligibility for membership in the school employees' benefits board programs during the second school year of employment.

2025-2026 Regular Session Introduced by Adam Bernbaum and 1 co-sponsor

Kansas municipal employees are protected from retaliation for reporting malfeasance or misappropriation of municipal funds, with civil or administrative remedies.

Prefiled for introduction.
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Bill Summary · HB 2160

HB 2160 — Kansas Municipal Employee Whistleblower Act (ENACTED)

Status: Approved by the Governor on April 7, 2025 (effective upon publication in the statute book)
Introduced: January 28, 2025

Purpose

Establishes the Kansas Municipal Employee Whistleblower Act to provide statutory protections for municipal officers and employees who report or disclose unlawful conduct, malfeasance, misappropriation of municipal funds, or other matters of public concern.

Key provisions

  • Prohibitions on retaliation
    • A municipality’s supervisor or appointing authority may not prohibit or discipline an employee for:
    • Discussing municipal operations or other matters of public concern (including health, safety, welfare) with legislators, members of a municipal governing body, or an auditing/oversight agency;
    • Reporting violations of state or federal law, municipal resolutions, ordinances, or adopted rules/regulations;
    • Failing to notify a supervisor before making such a report;
    • Disclosing malfeasance or misappropriation of municipal moneys.
  • Definitions (selected)
    • “Auditing agency”: Legislative Post Auditor, Division of Post Audit employees, contracted audit firms, state/federal oversight agencies, and the Inspector General (KSA 75-7427).
    • “Disciplinary action”: dismissal, demotion, transfer, reassignment, suspension, reprimand, warning of possible dismissal, or withholding of work.
    • “Malfeasance” and “Misappropriation”: unlawful conduct or unauthorized/unlawful expenditure/transfer of municipal funds.
    • “Municipality”: county, city, unified school district, or any office/department/board/unit thereof.
  • Exceptions (conduct not protected)
    • Disclosures the employee knows to be false, made with reckless disregard for truth, or motivated by corruption;
    • Information exempt from disclosure under the Open Records Act;
    • Confidential or privileged information under state/federal law or court rule.
  • Remedies and procedures
    • Civil action: An officer/employee alleging unlawful disciplinary action may sue in court within 90 days of the occurrence, seeking damages and equitable relief; courts may award costs, reasonable attorney fees, and witness fees.
    • Administrative appeal: If a municipality has an existing administrative adjudicatory process for disciplinary appeals, eligible employees may instead appeal to that body within 90 days; that body may modify or reverse the disciplinary action and order appropriate relief. Decisions may be appealed under the Kansas Judicial Review Act.
  • Notice and training
    • Each municipality must prominently post a copy of the Act where it will come to employees’ attention.
  • Legislative protections
    • The Act does not alter protections, liabilities, or duties applicable to legislators who receive such disclosures.

Who is affected

  • Primary: municipal officers and employees across Kansas (counties, cities, unified school districts, and their subunits).
  • Secondary: municipal supervisors/appointing authorities, municipal legal departments, taxpayers (potential increased litigation costs), and judicial administration (possible additional caseload).

Fiscal and administrative impact

  • Division of the Budget / Office of Judicial Administration: enactment could increase district court filings and associated workload; any net fiscal effect is indeterminate. Docket fees collected would flow to the State General Fund.
  • League of Kansas Municipalities and Kansas Association of Counties: anticipate potential increased municipal expenditures defending claims; precise cost unknown.
  • Division of Legislative Post Audit: no expected fiscal impact.

Legislative process / timeline highlights

  • Introduced Jan 28, 2025 (House Committee on Local Government).
  • Committee hearings and amendments in House and Senate; conference committee adopted.
  • Enrolled and presented to Governor April 1, 2025; approved April 7, 2025.
  • Effective upon publication in the statute book (per the bill’s enactment clause).

Notes / context

  • The bill was modeled on the Kansas Whistleblower Act that protects state employees. Stakeholders (League of Kansas Municipalities, Association of Counties, some cities) raised concerns about definitions, scope, and potential litigation costs; the enacted text includes definitional clarifications and exceptions addressing some concerns.

Compiled from official sources — confirm details with the bill’s official record.

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