Bill Text: CA AB1233 | 2015-2016 | Regular Session | Amended
Bill Title: Whistleblower investigation policy: state agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1233 Detail]
Download: California-2015-AB1233-Amended.html
BILL NUMBER: AB 1233 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 15, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 15, 2015
INTRODUCED BY Assembly Member Levine
FEBRUARY 27, 2015
An act to am end Section 8547.2 of, and to
add Section 8547.16 to to, the
Government Code, relating to improper governmental activities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1233, as amended, Levine. Whistleblower investigation policy:
state agencies.
The California Whistleblower Protection Act requires the State
Auditor to administer the act and to investigate and report on
improper governmental activities, as defined. The act requires the
State Auditor to establish a means of submitting allegations of
improper governmental activity, and generally requires the State
Auditor to keep confidential every investigation, including all
investigative files and work product.
The product. The act authorizes the
State Auditor to issue a public report of an investigation that has
substantiated an improper governmental activity, keeping confidential
the identity of the employee or employees involved. The act
also further authorizes the State Auditor to
release any findings or evidence supporting any findings resulting
from an investigation whenever the State Auditor determines it
necessary to serve the interests of the state.
This bill would require a state agency
agency, as defined, that utilizes a whistleblower investigation
policy separate from the act to publicly report, in the manner in
which the State Auditor is authorized to publicly report, any
investigation of a whistleblower complaint that has substantiated
improper government activities. The bill would specify that its
provisions shall not be deemed to require the disclosure of a public
record that is otherwise not required to be disclosed pursuant to any
other state law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8547.2 of the
Government Code is amended to read:
8547.2. For the purposes of this article, the following terms
have the following meanings:
(a) "Employee" means an individual appointed by the Governor, or
employed or holding office in a state agency as defined by Section
11000, including, for purposes of Sections 8547.3 to 8547.7,
inclusive, an employee of the California State University, or an
individual appointed by the Legislature to a state board or
commission and who is not a Member or employee of the Legislature. In
addition, "employee" means a person employed by the Supreme Court, a
court of appeal, a superior court, or the Administrative Office of
the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive,
and Section 8547.13, except for those provisions of Section 8547.4
concerning notice of adverse action and the State Personnel Board.
"Employee" includes a former employee who met the criteria of this
subdivision during his or her employment.
(b) "Illegal order" means a directive to violate or assist in
violating a federal, state, or local law, rule, or regulation, or an
order to work or cause others to work in conditions outside of their
line of duty that would unreasonably threaten the health or safety of
employees or the public.
(c) "Improper governmental activity" means an activity by a state
agency or by an employee that is undertaken in the performance of the
employee's duties, undertaken inside a state office, or, if
undertaken outside a state office by the employee, directly relates
to state government, whether or not that activity is within the scope
of his or her employment, and that (1) is in violation of any state
or federal law or regulation, including, but not limited to,
corruption, malfeasance, bribery, theft of government property,
fraudulent claims, fraud, coercion, conversion, malicious
prosecution, misuse of government property, or willful omission to
perform duty, (2) is in violation of an Executive order of the
Governor, a California Rule of Court, or any policy or procedure
mandated by the State Administrative Manual or State Contracting
Manual, or (3) is economically wasteful, involves gross misconduct,
incompetency, or inefficiency. For purposes of Sections 8547.4,
8547.5, 8547.7, 8547.10, and 8547.11, "improper governmental activity"
includes any activity by the University of California or by an
employee, including an officer or faculty member, who otherwise meets
the criteria of this subdivision. For purposes of Sections 8547.4,
8547.5, and 8547.13, "improper governmental activity" includes any
activity by the Supreme Court, a court of appeal, a superior court,
or the Administrative Office of the Courts, or by an employee
thereof, who otherwise meets the criteria of this subdivision.
(d) "Person" means an individual, corporation, trust, association,
a state or local government, or an agency or instrumentality of any
of the foregoing.
(e) "Protected disclosure" means a good faith communication,
including a communication based on, or when carrying out, job duties,
that discloses or demonstrates an intention to disclose information
that may evidence (1) an improper governmental activity, or (2) a
condition that may significantly threaten the health or safety of
employees or the public if the disclosure or intention to disclose
was made for the purpose of remedying that condition. Protected
disclosure specifically includes a good faith communication to the
California State Auditor's Office alleging an
improper governmental activity and any evidence delivered to the
California State Auditor's Office in support of
the allegation. "Protected disclosure" also includes, but is not
limited to, a complaint made to the Commission on Judicial
Performance.
(f) "State agency" is defined by Section 11000. "State agency"
includes the University of California for purposes of Sections 8547.5
to 8547.7, inclusive, and Section 8547.16, and the
California State University for purposes of Sections 8547.3 to
8547.7, inclusive. inclusive, and Section
8547.16. Sections 8547.3 to 8547.7, inclusive, shall apply to
the Supreme Court, the courts of appeal, the superior courts, and the
Administrative Office of the Courts in the same manner as they apply
to a state agency.
SECTION 1. SEC. 2. Section 8547.16
is added to the Government Code, to read:
8547.16. Any (a) A
state agency that utilizes a whistleblower investigation policy
separate from this article shall publicly report, in the manner in
which the State Auditor is authorized to publicly report pursuant to
subdivision (c) of Section 8547.7, any investigation of a
whistleblower complaint that has substantiated improper governmental
activities.
(b) This section shall not be deemed to require the disclosure of
a public record that is otherwise not required to be disclosed
pursuant to any other state law, including, but not limited to, the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1).
