Amends TCA Title 4; Title 39 and Title 50.

This bill creates the Class E felony of an employer, or an agent of an employer acting on behalf of the employer, by means of coercion:<br /> <br /> (1) Influencing or attempting to influence an employee who is a public servant in the exercise of the employee's power in the performance of their official duties as a public servant;<br /> <br /> (2) Influencing or attempting to influence an employee who is a public servant to vote or not to vote in a particular manner; or<br /> <br /> (3) Influencing or attempting to influence an employee who is a public servant to resign as a public servant, unnecessarily recuse themselves from a public body, or otherwise not exercise the public servant's official power in the performance of their official duties with the intent to influence the action or inaction of a public body.<br /> <br /> Also under this bill, a public servant who was terminated by the public servant's employer or agent of the employer in violation of this bill may bring a cause of action against the employer for unlawful discharge and any other damages to which the employee may be entitled, subject to the limitations set out in present law for human rights violations, and:<br /> <br /> (1) Treble the amount of damages resulting from or incident to the unlawful discharge; and<br /> <br /> (2) Reasonable attorney fees and costs.<br /> <br /> Present law defines "public servant” as a person elected, selected, employed or otherwise designated as one of the following, even if the person has not yet qualified for office or assumed the duties:<br /> <br /> (1) An officer, employee, or agent of government;<br /> <br /> (2) A juror or grand juror;<br /> <br /> (3) An arbitrator or other person who is authorized by law or private written contract to hear or determine a controversy;<br /> <br /> (4) An attorney or notary public performing a governmental function; or<br /> <br /> (5) A candidate for nomination or election to public office.<br /> <br /> This bill adds as a "public servant" a nominee, member, representative, or other holder of a position on a board, commission, or public body of the state or a political subdivision thereof.<br /> <br /> This bill provides that if a public servant files a cause of action under this bill for any improper purpose, such as to harass or to cause needless increase in costs to an employer, the court, upon motion or upon its own initiative, must impose upon the public servant an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred, including reasonable attorney's fees. This bill sets out in detail the burden of proof and other procedural requirements for an action under this bill.<br />