BILL NUMBER: SB 921 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Lieu
FEBRUARY 18, 2011
An act to add Section 230.1.5 to the Labor Code, relating
to employment. An act to add Article 2.5 (commencing
with Section 150) to Chapter 2 of Part 1 of Division 2 of the
Military and Veterans Code, relating to the Military Department.
LEGISLATIVE COUNSEL'S DIGEST
SB 921, as amended, Lieu. Employment: employee leave.
Military Department: Office of the Inspector General.
Existing law establishes in state government the Military
Department, which includes the office of the Adjutant General, the
State Military Reserve, the California Cadet Corp, and the Naval
Militia. Existing law establishes various duties for these officers
and entities.
This bill would establish the Office of the Inspector General
within the Military Department. This bill would require the Governor
to appoint the inspector general, subject to Senate confirmation, and
would specify that the inspector general is independent of the chain
of command of the Military Department and serves at the discretion
of the Governor. This bill would require the inspector general to
investigate complaints and allegations of wrongdoing by military
personnel, as specified, and would require the inspector general to
establish a toll-free public telephone number to receive these
complaints and allegations. This bill would also require that
disciplinary action be brought against a state officer or employee
who intentionally retaliates against a person who made a complaint or
allegation of wrongdoing to the inspector general, as provided, and
would specify that these officers and employees may be liable for
civil damages for these same actions.
Existing law provides that an employer who employs 25 or more
employees may not discharge or retaliate against an employee who
takes time off for specified activities or treatment as the result of
domestic violence or sexual assault.
This will would require the Department of Industrial Relations to
create and an employer to display for employees to read specified
information regarding the rights of workers to seek counseling or
treatment for domestic abuse or sexual assault and redress against an
employer who violates these rights.
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. Article 2.5 (commencing with Section
150) is added to Chapter 2 of Part 1 of Division 2 of the
Military and Veterans Code , to read:
Article 2.5. Office of the Inspector General for the Military
Department
150. For purposes of this article, the following terms have the
following meanings:
(a) "Department" means the Military Department.
(b) "Office" means the Office of the Inspector General within the
Military Department.
(c) "Inspector general" means the Inspector General for the
Military Department.
150.10. (a) There is hereby created in the Military Department
the Office of the Inspector General.
(b) The department shall, from the amount annually appropriated to
it for purposes of this office, fund the position of inspector
general and provide the office space and support personnel requested
by the inspector general.
(c) The inspector general shall have access to all employees and
documents of the department.
150.11. (a) The inspector general shall meet the same
qualifications established in this code for the Adjutant General.
(b) The inspector general is independent of the chain of command
of the Military Department.
(c) (1) The Governor shall appoint the inspector general, subject
to confirmation by the Senate.
(2) Upon confirmation by the Senate, the inspector general shall
serve at the discretion of the Governor.
(3) The inspector general shall serve on state active duty at the
grade of O-6.
150.12. (a) The inspector general may receive communications from
any person, including, but not limited to, any member of the
California National Guard, the State Military Reserve, and the Naval
Militia.
(b) The inspector general shall establish a toll-free public
telephone number to receive the complaints and allegations described
in subdivision (a) of Section 150.13. The inspector general shall
post this telephone number in clear view at every California National
Guard armory, flight facility, airfield, or installation.
150.13. (a) At the discretion of the inspector general or, upon a
written request by the Governor, a member of the California
Legislature, the Adjutant General, or any member of the public, the
inspector general shall investigate any of the following:
(1) Complaints that the Adjutant General or the Assistant Adjutant
General has engaged in discrimination or retaliation for
whistleblowing.
(2) Allegations of misconduct by the Adjutant General or the
Assistant Adjutant General.
(3) Allegations of misconduct by any member of the California
National Guard.
(b) If the inspector general conducts an investigation at the
request of a member of the California Legislature, the inspector
general shall submit to that member a report of his or her findings
of that investigation.
(c) (1) A request described in subdivision (a) is not a public
record and is not subject to disclosure under the California Public
Records Act set forth in Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code.
(2) Notwithstanding paragraph (1), the inspector general may, at
his or her discretion, disclose to the Governor, a member of the
California Legislature, or to a law enforcement agency the identity
of a person making a written request or an allegation or complaint
described in subdivision (a). The inspector general shall not
disclose to any other person or entity the identity of a person
making a written request or an allegation or complaint described in
subdivision (a), unless the person making the request, allegation, or
complaint has consented to the disclosure in writing.
(d) When deemed appropriate by the inspector general, the
inspector general shall refer to the federal Inspector General of the
Department of Defense any complaints and allegations pertaining to
violations of federal military laws or regulations.
150.14. (a) Any state officer or employee who intentionally
engages in acts of reprisal, retaliation, threats, coercion, or
similar acts against an employee of any state department, board, or
authority for having disclosed what the employee, in good faith,
believed to be a complaint or allegation described in subdivision (a)
of Section 150.13 shall be disciplined by adverse action as provided
in subdivision (a) of Section 19574 of the Government Code. If no
adverse action is instituted by the appointing power, the State
Personnel Board shall take adverse action against the officer or
employee in the same manner as provided in Section 19583.5 of the
Government Code.
(b) In addition to all other causes of action, penalties, or other
remedies provided by law, any state officer or employee who
intentionally engages in acts of reprisal, retaliation, threats,
coercion, or similar acts against an employee for having disclosed
what the employee, in good faith, believed to be a complaint or
allegation described in subdivision (a) of Section 150.13 shall be
liable in an action for damages brought against him or her by the
injured party. Punitive damages may be awarded by the court if the
acts of the offending party are proven to be malicious. If liability
has been established, the injured party also shall be entitled to
reasonable attorney's fees as provided by law.
(c) For purposes of this section "state officer" includes, but is
not limited to, a member of the Military Department on state active
duty and any officer who holds a state commission or appointment by
the Governor.
SECTION 1. Section 230.1.5 is added to the
Labor Code, to read:
230.1.5. (a) The department shall create a poster that shall
include the following information:
(1) Definitions of domestic violence and sexual assault.
(2) Information regarding domestic violence and sexual assault
victim support resources.
(3) Information regarding the right of an employee under
subdivision (c) of Section 230 to take time off from work to obtain
or attempt to obtain relief related to domestic violence or sexual
assault, including a temporary restraining order, restraining order,
or other injunctive relief, to help ensure the health, safety, or
welfare of the victim or his or her child.
(4) Information regarding the right of an employee employed by an
employer with 25 or more employees under Section 230.1 to take time
off from work to do any of the following:
(A) To seek medical attention for injuries caused by domestic
violence or sexual assault.
(B) To obtain services from a domestic violence shelter, program,
or rape crisis center as a result of domestic violence or sexual
assault.
(C) To obtain psychological counseling related to an experience of
domestic violence or sexual assault.
(D) To participate in safety planning and take other actions to
increase safety from future domestic violence or sexual assault,
including temporarily or permanently relocating.
(5) Instructions on contacting the department and its Division of
Labor Standards Enforcement regarding violations of subdivision (c)
of Section 230 and Section 230.1.
(6) Information regarding legal remedies and complaint processes
available through the division for violations of subdivision (c) of
Section 230 and Section 230.1.
(7) Information regarding the right of an employee to file a
complaint pursuant to Section 98.7 if that employee has been
discriminated or retaliated against, including through discharge,
threat of discharge, demotion, or suspension, because the employee
has asserted his or her rights under subdivision (c) of Section 230
or Section 230.1.
(b) The department shall make the poster available to employers in
print and online in English, Chinese, Korean, Spanish, Tagalog, and
Vietnamese.
(c) An employer shall display a copy of the poster in each of the
available languages in a prominent and accessible location, which may
include restrooms, at its workplaces and jobsites. An employer shall
also provide an employee at the time of hire with the name, address,
and telephone number of the employer in writing.
(d) If an employer violates this section, the division shall issue
an order requiring the employer to comply with this section.
(e) For purposes of this section, the following terms have the
following meanings:
(1) "Domestic violence" means any of the types of abuse set forth
in Section 6211 of the Family Code.
(2) "Sexual assault" means any of the crimes set forth in Section
261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code.