TITLE 1: GOVERNMENT
DIVISION 7: PLANNING, BUDGETING AND AUDITING
§ 7841. Protection of Whistle-blowers. (a) The Public Auditor may receive and investigate complaints or information of any person concerning possible existence of any activity constituting fraud, waste and abuse in the collection and expenditure of public funds. (b) The Public Auditor shall not, after receipt of a complaint or information from a person, disclose the identity of the person without the written consent of the person, unless the Public Auditor determines the disclosure is necessary and unavoidable during the course of the investigation. In that event, the person shall be notified in writing prior to the disclosure. (c) Any person who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any person as reprisal for making any complaint or disclosing any information to the Public Auditor, unless the complaint made or the information disclosed was with actual knowledge that it was false or with willful disregard for its truth or falsity. (d) If the person comes forward with information leading to the recovery of public funds, that person shall receive a $500.00 reward or five percent of the total recovery, whichever is greater. Source: PL 3-91, § 400; (d) added by PL 14-60, § 3. Commission Comment: PL 14-60 was enacted on February 9, 2005, and contained the following title and findings and purposes, in addition to severability and savings clause provisions: Section 1. Title. This Act shall be known as the “Whistle-blowers Compensation Act of 2004.” Section 2. Findings and Purposes. The Legislature finds that 1 CMC § 7841 provides ample protection for people who provide information concerning the possible existence of any activity constituting fraud, waste and abuse in the collection and expenditure of public funds. However, the Legislature finds that this program would be even more effective if the people submitting this vital information were to receive monetary compensation, but only if said information gives the Office of the Public Auditor an opportunity to recover public funds.