Bill Text: CA SB921 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: SB 921 AMENDED BILL TEXT AMENDED IN SENATE AUGUST 17, 2011 AMENDED IN SENATE JULY 1, 2011 AMENDED IN SENATE MAY 11, 2011 AMENDED IN SENATE APRIL 25, 2011 AMENDED IN SENATE MARCH 24, 2011 INTRODUCED BY 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. 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, trains, and performs various duties necessary to support the mission of the Military Department. This bill would require the State Military Department Inspector General tobebecome independent of the chain of command of the Military Department , as specified . This bill would require the Governor to appoint the inspector general, subject to Senate confirmation. This bill would specify the duties of the State Military Department Inspector General, and would require the inspector general toestablishcontinue to maintain 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 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. This bill would require the inspector general to continue to investigate specified complaints and allegations of misconduct upon written request of specified persons and would provide that those requests are not a public record under the California Public Records Act. 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: 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. The Legislature finds and declares both of the following: (a) That there currently exists, within the State Military Department, an Inspector General, who inspects, audits, investigates, trains, and performs various duties necessary to support the mission of the Military Department. (b) That it is not the intent of the Legislature, in enacting this bill, to create a new Inspector General for the Military Department, but to instead require that Inspector General, who is currently in the chain of the command of the Military Department, to become independent of that chain of command.SECTION 1.SEC. 2. 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. 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 State Military Department Inspector General. (c) "Inspector general" means the State Military Department Inspector General. 150.10. (a) The inspector generalshall be independent of the chain of command of the Military Department., who is currently in the chain of command of the Military Department, shall become independent of that chain of command, and shall be appointed by the Governor pursuant to subdivision (c). (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, continue to 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 shallestablishcontinue to maintain 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 continue to 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) The inspector general shall not disclose to any 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.SEC. 3. The Legislature finds and declares that Section12 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.SEC. 4. 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, it is necessary for this act to take effect immediately.