Further Lies and Rebuttals listed by Senator Petersen

Letterhead of Sen. Petersen

 

 

March 31, 2000    TO: Senators    From: Senator Petersen

 

Attention:  You should be aware of the misleading statements made by opponents of SB1512.  Please do not decide your vote on the basis of false statements, when I call for reconsideration on Monday.

 

University administrators state:  We have kept our 1998 promise to allow whistle-blowers on campus to have an independent hearing officer for whistle-blower reprisal complaints.  Not true.  Only hearing officers under contract to and paid by the administration side are available to whistle-blowers.  Those paid by one side are intrinsically biased.

 

University administrators state:  We have kept our 1998 promise to allow hearing officers to make final decisions on whistle-blower grievance complaints, subject to review only under ARS 12-901.  Not True.  On the NAU and ASU campuses the new policies state that hearing officers can only make decisions advisory to the President of the campus.

 

UA's Greg Fahey stated: The Faculty Senates at UA/ASU are opposed to

SB1512.  Not True.  Those Faculty Senates never voted on SB1512.

 

UA's Greg Fahey stated:  SB1512 arguably violates the constitutional separation of the ABOR personnel system.  Not true.  In the 1999 case of ASU vs Camille Kimball, the Arizona Supreme Court ruled that the universities are under the legislature-passed Administrative Procedures Act.

 

UA's Greg Fahey stated: SB1512 poorly protects oral disclosures.  This is not true. The provisions in SB1512 closely track well tested federal language in 28 federal statutes, established for many years.

 

Opponents state: Under SB1512, a bad employee cannot be terminated, if they claim whistle-blowing.  Not true.  SB1512 provides that bad employees can be terminated for any legitimate cause, irrespective of whistle-blower claims.

 

AG's Office states: Compromise language will be available from us if you wait.  Misleading.  We have waited and asked for compromise language for 3 years.  The AG's Office defends state agency administrators in court.  The AG's Office has a vested interest in preventing a strong whistle-blower bill.

 

Opponents state: SB1512 is not strong enough to protect employees.  Misleading.  SB1512 provisions give awards for pain and suffering, and such awards can lead to million dollar damages in favor of employees receiving reprisals.  SB1512  provisions have been effective at the federal level since 1994.