18 Miss. Code. R. 4-1.1 - Definitions

The following definitions shall apply to this policy:

A. "Abuse" means acting in an arbitrary and capricious manner that adversely affects the accomplishment of a function of any governmental entity.

B. "Governmental entity" means a board, commission, department, office or other agency of state or political subdivision of the state.

C. "Employee" means any individual employed or holding office in any department or agency of state or local government.

D. "Improper governmental action" means any action by an employee which is undertaken in the performance of the employee's official duties, whether or not the action is within the scope of the employee's employment:

1) Which is in violation of any federal or state law or regulation, is an abuse of authority, results in substantial abuse, misuse, destruction, waste, or loss of public funds or public resources; or

2) Which is of substantial and specific danger to the public health or safety; or

3) Which is discrimination based on race or gender.

E. "Misuse" means an illegal or unauthorized use.

F. "Personnel action" means an action that affects an employee's promotion, demotion, transfer, work assignment or performance evaluation.

G. "State investigative body" shall mean the Attorney General of the State of Mississippi, the State Auditor, the Mississippi Ethics Commission, the Joint Legislative Committee on Performance Evaluation and Expenditure Review or any other standing committee of the Legislature, or any district attorney of the State of Mississippi.

H. "Use of official authority or influence" includes taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, performance evaluation or other disciplinary action.

I. "Waste" means an unnecessary or unreasonable expenditure or use.

J. "Whistleblower" means an employee who in good faith reports an alleged improper governmental action to a state investigative body, initiating an investigation. For the purposes of the provisions of Sections 25-9-171 through 25-9-177, the term "whistleblower" also means an employee who in good faith provides information to a state investigative body, or an employee who is believed to have reported an alleged improper governmental action to a state investigative body or to have provided information to a state investigative body but who, in fact, has not reported such action or provided such information.

Notes

18 Miss. Code. R. 4-1.1

Miss. Code Ann. § 25-9-171(2012)

Amended 2/18/2017