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Mackinac Center for Public Policy
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2009 House Bill 5045: Create state employee whistleblower protection law
  1. Introduced by Rep. Kenneth Horn (R) on June 4, 2009, to establish a state employee whistleblower protection law that prohibits a state department or agency from retaliating against a person because for communicating with a legislator concerning the way the department or agency is performing its duties.
    • Referred to the House Great Lakes and Environment Committee on June 4, 2009.

Comments

Re: 2009 House Bill 5045  by beverlytran on June 5, 2009 

"Qui tam pro domino rege quam pro se ipso in hac parte sequitur"


(He who sues in this matter for the king as well as for himself)


This legislation actually provides an answer to the issues deeply entrenched within the conflict of interests contentions when dealing with the Attorney General. 


In Michigan's Child Welfare system, the Attorney General is statutorily contrained for he must advocate and represent the state, in matters of child abuse and neglect.  What this means is that when the Department of Human Services or even the Department of Community Health, knowingly and willingly violate a person's due process rights, generate fraudulent reports to the court, or engage in other grossly negligent and malfeasant actions or inactions of a person, the Attorney General must defend the state.


It is actually a statutory violation for a person to speak of child welfare issues in public.  There are cases where parental rights have been terminated for filing grievences to the state.


Allow me to prove my point:


Q: How many individuals contracted or otherwise employed by the state have been held to be criminally culpalble and prosecuted in dealing with children who have been improper murdered, injured, or sexually abused in the foster care system?


A: Zero.


The only drawbacks to this bill will be the massive state settlements when citizens begin to perform the role of the private attorney general in bringing accountability and transparency to this government.  The time has come for oversight and regulation we will take it anyway we can.


 


Beverly Tran



2009 House Bill 5045  by admin on January 1, 2001 
Introduced in the House on June 4, 2009

Click here to view bill details.