N.Y. Rural Electric Cooperative Law § 19-b: Whistleblower policy

§ 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.