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This entry was published on 2019-01-18
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SECTION 19-B
Whistleblower policy
Rural Electric Cooperative (REL) CHAPTER 77-A, ARTICLE 2
§ 19-b. Whistleblower policy. (a) Except as provided in subdivision
(c) of this section, the board of every rural electric cooperative shall
adopt, and oversee the implementation of, and compliance with, a
whistleblower policy to protect from retaliation persons who report
suspected improper conduct. Such policy shall provide that no director,
officer or employee of a rural electric cooperative who in good faith
reports any action or suspected action taken by or within the
cooperative that is illegal, fraudulent or in violation of any adopted
policy or bylaw of the cooperative shall suffer intimidation,
harassment, discrimination or other retaliation or, in the case of
employees, adverse employment consequence.

(b) The whistleblower policy shall include the following provisions:

(1) procedures for the reporting of violations or suspected violations
of laws or cooperative policies or bylaws, including procedures for
preserving the confidentiality of reported information;

(2) a requirement that an employee, officer or director of the
cooperative be designated to administer the whistleblower policy and to
report to the board or an authorized committee thereof;

(3) a requirement that the person who is the subject of a
whistleblower complaint not be present at or participate in board
deliberations or vote on the matter relating to such complaint, provided
that nothing in this paragraph shall prohibit the board from requesting
that the person who is subject to the complaint present information as
background or answer questions at a board meeting prior to the
commencement of deliberations or voting relating thereto; and

(4) a requirement that a copy of the policy be distributed to all
directors, officers and employees. For purposes of this subdivision,
posting the policy on the cooperative's website or at the cooperative's
offices in a conspicuous location accessible to employees are among the
methods a cooperative may use to satisfy the distribution requirement.

(c) A rural electric cooperative that has adopted and possesses a
whistleblower policy pursuant to federal, state or local laws that is
substantially consistent with the provisions of subdivision (b) of this
section shall be deemed in compliance with provisions of this section.

(d) Nothing in this section shall be interpreted to relieve any rural
electric cooperative from any additional requirements in relation to
internal compliance, retaliation, or document retention required by any
other law or rule.