Whitmer vetoes bill that would expand whistleblower protections for state employees

LANSING — Gov. Gretchen Whitmer vetoed a Lansing-area lawmaker's bill that would have prohibited state departments from disciplining workers who communicate with the legislature about problems in state government. 

The bill, sponsored by Sen. Tom Barrett, R-Charlotte, and passed unanimously by the state House and Senate, called for creating a new law to ensure state workers are protected if they come forward as whistleblowers about issues such as waste or mismanagement that don't rise to the level of suspected crimes.

"If you have concerns about something at work that isn't criminal in nature, you don't have that protection," Barrett said. "Why would we want to stop state employees from doing that?"

Michigan's Whistleblowers' Protection Act ensures employees are protected if they come forward to report lawbreaking or if they participate in investigations. Civil Service Commission rule 2-10 protects state workers who come forward about violations of federal, state or local laws or of Civil Service Commission rules and regulations.

"Our state laws provide robust whistleblower protections and prohibit the State of Michigan from retaliating against an employee for reporting a violation of law," Whitmer, a Democrat, wrote in her Wednesday veto. "My administration does not intend to change that, and I am committed to protecting whistleblowers and ensuring a safe, transparent state government."

She argued the legislation violates the constitutional separation of powers among the branches of government and the state constitution's rules governing the Civil Service Commission, dismissing the bill as an attempt to "score political points."

Barrett said Whitmer is "either retaliating against the legislature, retaliating against me personally or is afraid of something state employees will bring forward that she doesn't want to come to light." 

He said he will ask the legislature to override her veto, which requires a two-thirds majority vote in each house.

Sen. Curtis Hertel, D-East Lansing, who supported the vetoed bill, said he would consider revising it so it protects workers but doesn't reduce the executive branch's power to oversee the state workforce. 

Whistleblower protections used to be included as boilerplate language in state budget documents, but were removed in the 2020 fiscal year budget, the Whitmer administration's first. She said the language was unenforceable.

Contact Carol Thompson at ckthompson@lsj.com. Follow her on Twitter @thompsoncarolk.