Bill Text: CA SB921 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Military Department: Office of the Inspector General:

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-28 - Chaptered by Secretary of State. Chapter 731, Statutes of 2012. [SB921 Detail]

Download: California-2011-SB921-Amended.html

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BILL NUMBER: SB 921	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 11, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY    Senator   Lieu 
 Senators   Lieu   and Correa 

                        FEBRUARY 18, 2011

   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  , and declaring the urgency
thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 921, as amended, Lieu. 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   There is also, within the
Military Department, the Office of the State Military Department
Inspector General. The State Military Department Inspector General
inspects, audits, investigates, tr   ains, and performs
various duties necessary to support the mission of the Military
Department  .
   This bill would  establish the Office of the Inspector
General within the Military Department   require the
State Military Department Inspector General to be independent of the
chain of command of 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   specify the duties of the State Military
Department Inspector General  , 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 
 State Military Department Inspector General  , as
provided, and would specify that these officers and employees may be
liable for civil damages for these same actions. 
   The California Constitution requires that a statute that limits
the right of access to the meetings of public bodies or the writings
of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.  
   This bill would make legislative findings to that effect. 

   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority  2/3  . 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   State Military Department
Inspector General 


   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   State Military
Department Inspector General  .
   (c) "Inspector general" means the  Inspector General for
the Military Department   State Military Department
Inspector General  . 
   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.  
   150.10.  (a) The inspector general shall be independent of the
chain of command of the Military Department.
   (b) The inspector general shall meet the same qualifications
established in this code for the Adjutant General.
   (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.  
   150.11.  (a) 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.
   (b) The inspector general shall have access to all employees and
documents of the department. 
   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.
   SEC. 2.    The Legislature finds and declares that
Section 1 of this act, which adds Section 150.13 to the Military and
Veterans Code, imposes a limitation on the public's right of access
to the meetings of public bodies or the writings of public officials
and agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:  
   In order to protect the confidentiality of those persons making
complaints or allegations, as authorized by this act, from any form
of retaliation for having made the complaint or allegation, it is in
the state's interest to limit public access to information. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to ensure that Military Department personnel who are
employed in State active duty, and thus are not under federal
military oversight, as well as those subject to the control of these
personnel, receive due process in the consideration of complaints and
appeals of disciplinary actions.