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USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 02. TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING. PL 1985, c. 167 (new))
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Title 5 - §21. Definitions
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §21. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1985, c. 167 (new).]
1. Legislative committee. "Legislative committee" means a joint standing committee of the Legislature, a joint select committee of the Legislature,
a task force, commission or council or any other committee established by the Legislature and composed wholly or partly of
Legislators for the purpose of conducting legislative business.
[1985, c. 167 (new).]
2. Nonpartisan staff. "Nonpartisan staff" means the directors and staffs of the Office of Policy and Legal Analysis, the Office of Fiscal and
Program Review, the Office of Revisor of Statutes, the Legislative Information Office and the Office of the Executive Director
of the Legislative Council.
[1985, c. 737, Pt. B, § 5 (amd).]
3. Own time. "Own time" means an employee's personal time or authorized leave time, earned as a condition of employment.
[1985, c. 167 (new).]
4. State employee. "State employee" means any employee of an agency, independent agency or parts of agencies which receive support from the
General Fund or that are established, created or incorporated by reference to the laws, except nonpartisan staff of the Legislature.
[1989, c. 483, Pt. A, §5 (amd).]
5. Supervisor. "Supervisor" means a commissioner, bureau chief, director, manager or any other person who oversees or supervises state
employees in their employment.
[1985, c. 167 (new).]
6. Legislative inquiry. "Legislative inquiry" means any request made by a legislative committee or individual Legislator to a state employee for
public information or the state employee's personal opinion.
[1989, c. 483, Pt. A, §6 (new); c. 878, Pt. A, §8 (amd).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
PL 1985,
Ch. 737,
§B5
(AMD).
PL 1989,
Ch. 483,
§A5,A6
(AMD).
PL 1989,
Ch. 878,
§A8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §22. Right to provide testimony
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §22. Right to provide testimony
State employees have the right to represent themselves and testify before a legislative committee on their own time. State
employees have the right to respond to any legislative inquiry. A state employee who complies with this chapter shall not
be denied the right to testify before a legislative committee.
[1989, c. 483, Pt. A, §7 (amd).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
PL 1989,
Ch. 483,
§A7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §23. Discharge of, threats to or discrimination against state employees for testimony presented to legislative committees
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §23. Discharge of, threats to or discrimination against state employees for testimony presented to legislative committees
A supervisor shall not discharge, threaten or otherwise discriminate against a state employee regarding the employee's compensation,
terms, conditions, location or privileges of employment because the employee, in compliance with this chapter, testified before
or provides information to a legislative committee.
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §24. Presentation of testimony and information
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §24. Presentation of testimony and information
1. Type of information. This chapter protects any state employee who, in compliance with this chapter, presents testimony or information relating
to departments or agencies of State Government and which testimony or information pertains to:
A. Successes, failures or problems of current programs;
[1985, c. 167 (new).]
B. Advantages, disadvantages or other relevant information about proposed programs; and
[1985, c. 167 (new).]
C. The means of improving existing programs and alternatives to existing programs.
[1985, c. 167 (new).]
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §25. Exclusion of testimony and information from protection
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §25. Exclusion of testimony and information from protection
1. Liability of state employees. This chapter does not authorize the presentation to a legislative committee or protect any state employee who presents to
a legislative committee the following:
A. Slander; and
[1985, c. 167 (new).]
B. Libel.
[1985, c. 167 (new).]
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §26. Nonpartisan legislative staff
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §26. Nonpartisan legislative staff
Nonpartisan staff of the Legislature shall be subject to the policies and rules of the Legislative Council as these policies
and rules relate to testifying or providing information to legislative committees.
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §27. Representatives of agencies and departments
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §27. Representatives of agencies and departments
1. Department testimony and information. Nothing in this chapter may be construed to prohibit a state employee from testifying before or present information to a
legislative committee as a representative of a department or agency of State Government and who has been authorized by the
commissioner or director of that department or agency to act in this capacity.
[1985, c. 167 (new).]
2. Misrepresentations of state employees. Any state employee who represents himself as a spokesman or representative of a department or agency without the authorization
of the commissioner or director of that organization shall not be protected by the provisions of this chapter and shall be
subject to the penalty in subsection 3.
[1985, c. 167 (new).]
3. Penalty. Any person who violates this section is guilty of a Class E crime.
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §28. Civil actions for injunctive relief or other remedies
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §28. Civil actions for injunctive relief or other remedies
A state employee who alleges a violation of his rights under this chapter may bring a civil action, including an action for
injunctive relief, within 120 days after the occurrence of that alleged violation. The action may be brought in the Superior
Court for the county where the alleged violation occurred, the county where the complainant resides or the county where the
person against whom the civil complaint is filed resides.
[1985, c. 167 (new).]
div> An employee shall establish each and every element of his case by a preponderance of the evidence.
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §29. Remedies ordered by court
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §29. Remedies ordered by court
A court, in rendering a judgment in an action brought pursuant to this chapter, may order reinstatement of this employee,
the payment of back wages, full reinstatement of fringe benefits and seniority rights or any combination of these remedies.
A court may also award the prevailing party all or a portion of the costs of litigation, including reasonable attorneys'
fees and witness fees, if the court determines that the award is appropriate.
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §30. Penalties for violations
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §30. Penalties for violations
A person who violates sections 22, 23 and 24 is liable for a civil fine of $10 for each day of willful violation, which shall
not be suspended. Any civil fine imposed under this section shall be submitted to the Treasurer of State for deposit to
the General Fund.
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §31. Collective bargaining rights
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §31. Collective bargaining rights
This chapter shall not be construed to diminish or impair the rights of the State or respective bargaining agent under any
collective bargaining agreement.
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
PL 1985,
Ch. 378,
§2
(NEW).
PL 1985,
Ch. 737,
§A14
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §32. Jury trial; common-law rights
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §32. Jury trial; common-law rights
Any action brought under this chapter may be heard by a jury. Nothing in this chapter may be construed to derogate any common-law
rights of an employee.
[1985, c. 167 (new).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
PL 1985,
Ch. 378,
§2
(NEW).
PL 1985,
Ch. 737,
§A14
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 5 - §33. Bureau of Human Resources to inform supervisors and state employees
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Part 1: STATE DEPARTMENTS Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new)) §33. Bureau of Human Resources to inform supervisors and state employees
The Director of Human Resources is responsible for informing supervisors and state employees about the provisions of this
chapter. The Director of Human Resources, at a minimum, shall distribute a sufficient number of copies of this chapter, which
shall be visibly posted in all state buildings, in order to notify the greatest possible number of state employees about the
provisions in this chapter.
[1985, c. 785, Pt. B, § 9 (amd).]
div> The Director of Human Resources shall use the necessary means to instruct all supervisory personnel about the provisions in
this chapter.
[1985, c. 785, Pt. B, § 9 (amd).]
Section History:
PL 1985,
Ch. 167,
§
(NEW).
PL 1985,
Ch. 785,
§B9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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