This amendment allows disclosure to the public when the disclosure is not dealt with in a timely and appropriate manner.
The commissioner is routinely delayed in dealing with disclosures, in some cases for years, while keeping the whistle-blower uninformed or misinformed. It's often evident to the whistle-blower that investigations have been inadequate when the commissioner has declined to obtain information offered by the whistle-blower, failed to interview key witnesses, and publishes the final report—without the whistle-blower's knowledge—containing false statements. Such actions effectively deny due process to all parties, protect alleged wrongdoers and constitute a type of reprisal against the whistle-blower. They also fail to protect the public interest by allowing wrongdoing to continue.
When this happens, a protected disclosure should be able to be made to the public. When the responsible officials fail to deal with wrongdoing and reprisal in an appropriate and timely manner, whistle-blowers could go to the public. This would motivate responsible officials to execute their duties in a timely and appropriate manner and give all parties timely due process.