§ 3-508. Regulation of complaints, fraud, waste, and abuse; definitions.

(a)

As used in this section, the term:

(1)

"Municipal employee" means classified and unclassified employees of the City of Atlanta, and individuals who perform services for the City of Atlanta on a contract or fee basis, but does not include elected officials.

(2)

"Municipal employer" means any department, board, bureau, commission, authority, or other agency of the city which employs or appoints any municipal employee, except the mayor and members of the city council.

(b)

A municipal employer may receive and investigate complaints or information from any municipal employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any municipal programs and operations under the jurisdiction of such municipal employer.

(c)

Notwithstanding any other local law or ordinance to the contrary, such municipal employer shall not, after receipt of a complaint or information from a municipal employee, disclose the identity of the municipal employee without the written consent of such municipal employee, unless the municipal employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the municipal employee shall be notified in writing at least seven days prior to such disclosure.

(d)

No action against any municipal employee shall be taken or threatened by any municipal employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the municipal employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(e)

Any action taken in violation of subsection (d) of this section shall give the municipal employee a right to have such action set aside by the personnel board after a hearing.

(1996 Ga. L. (Act No. 1019), p. 4469; S.B. 498/2004, § 1, 5-17-04)