552.2 Exception for disclosure likely to result in anything of value for the employee

The Complainants’ disclosure was not protected under the Whistleblower Law because it fell within the exception set forth in sec. 230.83(2), Stats., for disclosures for personal benefit. The Complainants’ disclosure was that their positions lacked the appropriate arrest authority not withstanding that their position descriptions called for law enforcement certification, and the lack of such authority jeopardized their continued law enforcement certification and protective occupation status. The provision in sec. 230.83(2), Stats., that the law does not apply to an employee whose disclosure is made to receive something of value, clearly applies to an employee who makes a disclosure in order to perpetuate the receipt of benefits to which the employee is not entitled. Here, the Complainants appear to contend that once the disclosure was made their employer should have proceeded to assign them the enforcement authority that was described on their inaccurate position descriptions. This would result in the receipt of something of value – i.e., their retirement benefits would be greater in protective occupation status. Pierce & Sheldon v. Wis. Lottery & DER (Wis. Pers. Comm'n, 10/16/92).