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State Government Effectiveness Act (Whistleblower Act)

Return to Public Counsel (Ombudsman's Office)

The State Government Effectiveness Act, sometimes referred to as the Whistleblower Act, was passed by the Nebraska Legislature in 1993. The purpose of the act is to encourage state employees to come forward with information about cases of gross inefficiency and misconduct in state government, so that serious problems can be investigated and corrected.

Because these whistleblowers would be exposed to the threat of retaliation by their supervisors for their whistle blowing activities, the act seeks to encourage employee whistle blowing activities by providing some legal protections for state employees who disclose information about wrongdoing in state government to the Ombudsman's Office or to an elected state official. The State Government Effectiveness Act gives the Ombudsma's Office the role of investigating and responding to complaints by whistleblowers who believe that they had been retaliated against by their employers.

Any state employee who believes that he or she has information about any violation of law, or gross mismanagement or gross waste of funds, or about any situation that creates a substantial and specific danger to public health or safety, should feel free to report that information to the Ombudsman's Office. The report will be held in confidence by the Ombudsman's Office, but will potentially be subject to investigation by the office.

Any employee who engages in whistle-blowing activity protected by the act and who believes that he or she has been retaliated against by supervisors for those whistle-blowing activities, should report that retaliation to the Ombudsman's Office at once. The Ombudsma's Office then has the responsibility to follow-up on the retaliation charge pursuant to the State Government Effectiveness act.

The provisions of the State Government Effectiveness Act, as well as an informational flyer regarding the Act, may be accessed from the links below. Any state employee who is considering reporting wrongdoing in state government or who believes that he or she has been retaliated against supervisors for whistle-blowing activities covered by the act, should read the following information very carefully.

Applicable Statutes:

81-2701 Act, how cited.
81-2702 Purpose of act.
81-2703 Terms, defined.
81-2704 Allegation of wrongdoing; investigation; confidentiality; report; Public Counsel or official; duties.
81-2705 Employee protections.
81-2706 Employee protections; Public Counsel; powers and duties.
81-2707 Employee protections; preliminary finding of violation; hearings; relief authorized; appeal; presumption; attorney's fees.
81-2708 Allegation of wrongdoing or violation of employee protection; official; powers.
81-2709 Employee; cause of action authorized; attorney's fees; presumption.
81-2710 Intentional misuse of act; disciplinary action.
81-2711 Employee rights and responsibilities; notice required.