Title 21 Public Officers and Employees
Chapter 1 General Provisions
Subchapter 6 -- Arkansas Whistle-Blower Act
A.C.A. § 21-1-603 (2011)
21-1-603. Public employer
conduct prohibited -- Good faith communication.
(a) (1) A
public employer shall not take adverse action
against a public employee because the public
employee or a person authorized to act on behalf of
the public employee communicates in good faith to an
appropriate authority:
(A) The
existence of waste of public funds, property, or
manpower, including federal funds, property, or
manpower administered or controlled by a public
employer; or
(B) A
violation or suspected violation of a law, rule, or
regulation adopted under the law of this state or a
political subdivision of the state.
(2) The
communication shall be made at a time and in a
manner which gives the public employer reasonable
notice of need to correct the waste or violation.
(b) (1) For
purposes of subsection (a) of this section, a public
employee communicates in good faith if there is a
reasonable basis in fact for the communication of
the existence of waste or of a violation.
(2) Good
faith is lacking when the public employee does not
have personal knowledge of a factual basis for the
communication or when the public employee knew or
reasonably should have known that the communication
of the waste or of the violation was malicious,
false, or frivolous.
(c) A
public employer shall not take an adverse action
against a public employee because the employee
participates or gives information in an
investigation, hearing, court proceeding,
legislative or other inquiry, or in any form of
administrative review.
(d) A
public employer shall not take an adverse action
against a public employee because an employee has
objected to or refused to carry out a directive that
the employee reasonably believes violates a law or a
rule or regulation adopted under the authority of
laws of the state or a political subdivision of the
state.