AB 1749

Bill Subjects

Abstract

The California Whistleblower Protection Act prohibits a state employee from using his or her official authority or influence for the purpose of intimidating, threatening, coercing, or commanding any person for the purpose of interfering with his or her right to make a protected disclosure, defined to include the communication of information that may evidence an improper governmental activity. The act requires the State Auditor to investigate and report on improper governmental activities, as specified. The act authorizes an employee or applicant for state employment who files a written complaint alleging reprisal, retaliation, or similar prohibited acts to also file a copy of the written complaint with the State Personnel Board, together with a sworn statement that the complaint is true, under penalty of perjury. The act provides that any person who intentionally engages in acts of reprisal, retaliation, or similar prohibited acts against a state employee or applicant for state employment for having made a protected disclosure, is subject to punishment for a misdemeanor, and shall be liable in an action for civil damages brought by the injured party. The act defines "employee" as a person appointed by the Governor or employed or holding office in a state agency, as specified. This bill would include a person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts within the definition of "employee" for the purposes of the California Whistleblower Protection Act, except as specified. The bill would authorize an employee or applicant for employment with those judiciary entities who files a written complaint alleging actual or attempted acts of reprisal, retaliation, or similar prohibited acts for having made a protected disclosure, to also file a copy of the written complaint with the State Personnel Board, together with a sworn statement that the written complaint is true, under penalty of perjury. The bill would require the State Personnel Board to investigate any claim filed and make a recommendation regarding the alleged retaliation. The bill would provide that any person, except as specified, who intentionally engages in acts of reprisal, retaliation, or similar prohibited acts against an employee or applicant for employment with those judiciary entities for having made a protected disclosure, is subject to punishment for a misdemeanor, and shall be liable in an action for civil damages brought by the injured party. The bill also would prohibit an employee of those judiciary entities from using his or her official authority or influence in violation of these provisions, and would make that employee liable, except as specified, in an action for civil damages brought by the injured party. By expanding the scope of the crimes of perjury and the intentional reprisal, retaliation, or similar prohibited acts against a state employee, as described above, to include an employee of the Administrative Office of the Courts, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.