Senators disembowel whistleblower measure

Instead, senators adopted a separate amendment that would increase such whistleblower rights of other state employees.

"This is a very positive development, but it's not over yet," said University of Arizona lobbyist Greg Fahey, adding that he predicts a tough fight as the bill moves to the full Senate.

Fahey and other university representatives have long maintained that proponents went too far with the measure, which would have permitted university employees to petition the state personnel board for grievances - an option not allowed under state law.

University representatives successfully petitioned for a counterproposal that would modify the existing university employee grievance systems to include an independent mediator agreeable to both parties.

The Senate Appropriations Committee yesterday amended the bill to do just that and approved it by a 12-1 vote.

University of Arizona Professor Carol Bernstein, who lobbied hard for the original whistleblower measure, called yesterday's decision a "setback" and refused to comment further.

Bernstein, a UA immunology and neurology professor who heads the American Association of University Professors in Arizona, previously had said independent arbitration was better than nothing, but would not be the same as the outside personnel board option.

Lawmakers gave attention to the whistleblower question after some university employees complained and later testified that the existing employee grievance system is inadequate.

Each told lawmakers of alleged reprisals when they reported improprieties to university administrators.

After the Appropriations Committee heard testimony from both university representatives and disgruntled employees, Sen. Randall Gnant, R-Scottsdale, called the compromise a trial period for Arizona's three state universities.

"The presidents of all three universities have agreed to this," Gnant said. "This is an opportunity for them to show us that they, with the board of regents, can control their own destiny."

Sen. Ed Cirillo, R-Sun City West, reluctantly agreed with Gnant.

"I will give them a shot, but if these people are back here next year, I will have a large two-by-four handy," Cirillo said.

Earlier in the day, the Senate Family Services Committee voted down an identical proposal, but amended House Bill 2182 so it would help all non-university state employees.

The Family Services amendment, proposed by Sen. David Petersen, R-Mesa, would, among other caveats, allow state employees to receive their wages as they work on their personnel case or for appearances at hearings.