Section 10-16C-2 - Definitions.

10-16C-2. Definitions.

As used in the Whistleblower Protection Act: 

A.     "good faith" means that a reasonable basis exists in fact as evidenced by the facts available to the public employee; 

B.     "public employee" means a person who works for or contracts with a public employer; 

C.     "public employer" means: 

(1)     any department, agency, office, institution, board, commission, committee, branch or district of state government; 

(2)     any political subdivision of the state, created under either general or special act, that receives or expends public money from whatever source derived; 

(3)     any entity or instrumentality of the state specifically provided for by law; and 

(4)     every office or officer of any entity listed in Paragraphs (1) through (3) of this subsection;  

D.     "retaliatory action" means taking any discriminatory or adverse employment action against a public employee in the terms and conditions of public employment; and 

E.     "unlawful or improper act" means a practice, procedure, action or failure to act on the part of a public employer that: 

(1)     violates a federal law, a federal regulation, a state law, a state administrative rule or a law of any political subdivision of the state; 

(2)     constitutes malfeasance in public office; or 

(3)     constitutes gross mismanagement, a waste of funds, an abuse of authority or a substantial and specific danger to the public.