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Whistle-blower bill fails to pass in Senate

The Arizona whistle-blower bill that intended to give new protections to state employees who bring about accusations of wrongdoing failed to pass the Senate yesterday by a vote of 13-17.

Senate Bill 1512 would not only impose a new policy on the three state universities, but would also affect all state operations and employees.

"There needs to be more conformity across the board," said Sen. David Petersen, R-Mesa, one of the bill's sponsors. "Why is it so good at the federal level and such an awful bill for the state employees?"

Several representatives from the University of Arizona - including Faculty Chairman Jerry Hogle and lobbyist Greg Fahey - said they are relieved the bill did not pass.

"The state bill went way beyond (what the UA policy already does)," Hogle said. "I'm glad it failed."

The Legislature's whistle-blower bill would have given too many liberties to the whistle-blower, Hogle said.

"It's going beyond the normal faculty process," Hogle said. "If somebody felt if they were going to have a promotional problem, then, potentially (under the failed bill), being a whistle-blower could help that."

Petersen said this bill would not help false whistle-blowers attain promotions since the odds are stacked against whistle-blowers from the time they come forward.

"Is it going to help the true whistle-blower? Yes, it is," he said. "We're going to strengthen the teeth of those whistle-blowers, and they're going to win."

In the past 10 years, 57 state whistle-blowers have come forward, not counting the universities, and only two have won their cases, Petersen added.

Carol Bernstein, president of the UA's chapter of the American Association of University Professors, is also in favor of the bill.

"We're trying to conform the state law to the federal law, which is working quite well," Bernstein said.

Petersen said he plans to ask for reconsideration on Monday, which could bring the bill back for a second vote.

While the bill failed to pass the first time, it can replace another bill that is scheduled to go before the Senate if the senator that sponsors the bill allows it.

"I'm not assuming it's over," Fahey said.

Even though the bill may come back for another vote in this session - which was supposed to end this week - Fahey said he is still pleased with the results.

"It's a real victory first and foremost for the university," Fahey said. "The bill damages the separateness the faculty has by the Constitution."

"The faculty system is not being subverted," he added.

Fahey also argued that the bill is beyond what is necessary to protect whistle-blowers.

"It's a field day to create legislation," Fahey said. "There's no indication that the UA's policy is inadequate,"

The Faculty Senate already has a whistle-blower policy that is pending the approval of UA President Peter Likins in order to become the university's official policy.

While Hogle said the Faculty Senate has approved their policy, Bernstein said there has been no vote.

Bernstein said she blames the bill's failure on the state universities' administrations.

"The university administrations had quite a large number of people lobbying," Bernstein said. "There were some very misleading statements, they overturned everything."

Petersen agreed that the university lobbyists had a great effect on the final outcome.

"They have pulled all the stops," he said.

This bill comes during a session that has seen many pieces of legislation that would affect higher education. In the past, members of the Arizona Board of Regents have considered these bills to be micro-management.

"I think the bill was ill-conceived," said Regent Judy Gignac. "The sensitivity of the current whistle-blower policy is adequate."

Gignac added that she thinks that the university policies have not been given time to be tested.

"We need to give them a chance to show that they have (created an effective whistle-blower policy)," she said.