Michigan House Republicans introduced a bill Tuesday to toughen the state’s whistleblower protection law, in an effort to encourage government employees and contractors to report malfeasance and misfeasance.
GOP leaders said whistleblower protection language has been diluted in recent budgets while Democrats controlled state government.
Representative Jay DeBoyer (R-Clay Township), who chairs the House Oversight Committee, said tougher penalties are needed because the existing law is so weak it leaves employees and contractors vulnerable to intimidation by supervisors.
“There’s no teeth there,” he said. “There’s no deterrent there to prevent someone in a position of power from putting their thumb on an employee and intimidating them into not doing the right thing.”
DeBoyer also said committee members have had individual conversations with employees and contractors who did not want to go public with their issues because they were afraid of the repercussions.
“They’re our best asset to make our departments operate better and if they won’t come and talk to us. It’s a concern,” he said.
Representative John Roth (R-Interlochen), who chairs the House Appropriations Human Services Subcommittee, said it is also a budget issue.
“It’s a problem,” he said. “We need that full information so we can make a solid, very appropriate decision on dollars that are spent, so that culture has to stop.”
Even if the bill is adopted by the GOP-controlled House, it would also have to pass muster with the Senate, which is controlled by Democrats, before heading to Governor Gretchen Whitmer, also a Democrat, to sign or veto.
A Michigan Department of Health and Human Services employee filed a federal lawsuit against the state last month claiming retaliation and racial discrimination after reporting an alleged scheme to steal food assistance benefits. A GOP source said that is an example of the type of workplace retaliation the bill aims to thwart.
A human services department spokesperson said MDHHS encourages employees to report problems.
“The Michigan Department of Health and Human Services values the vital relationships it has with its employees, partners and contractors as we work together to tackle some of the most challenging issues families face across the state,” said MDHHS Public Information Officer Lynn Sutfin in an email.
“We encourage them to communicate any concerns they have about policies, practices or use of public dollars as part of these relationships. This is difficult work, and we recognize the importance of their roles in delivering care and providing resources and services that protect the health and safety and improve the prosperity of Michigan families," Sutfin said.
Whitmer Press Secretary Stacey LaRouche also pointed to a 2019 executive directive to encourage state workers to report malfeasance and misfeasance.
“Action to mitigate or prevent irregularities relating to public money or public property should take precedence over any ill-advised attempt to protect the reputation of a department or agency, manipulate public perception, avoid political backlash, or engage in defensiveness, self-justification, or insular conduct,” Whitmer wrote.
“State government must be open, transparent, and accountable to Michigan taxpayers, even when a department, agency, or state officer falls short of the high standard of public integrity that our employers—the People of the State of Michigan—expect and deserve,” the directive said.
