AB 1961

Bill Subjects

Abstract

Existing law, the California Whistleblower Protection Act, prohibits an employee from interfering with a person's rights to disclose improper activity and be free from reprisal under the act. The act authorizes the California State Auditor to conduct an investigation upon receiving specific information that an employee or state agency has engaged in an improper governmental activity, as defined. The act applies to state agencies, as defined, and to the University of California, the California State University, and courts, as specified. The act requires the auditor to establish a means of submitting allegations of improper governmental activity, and generally requires the California State Auditor to keep confidential every investigation, including all investigative files and work product. Under the act, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a state employee or an applicant for state employment for having made a protected disclosure is subject to civil liability and criminal penalties. The act defines a "protected disclosure" to mean, among other things, a good faith communication that discloses information that may evidence an improper governmental activity. The act specifically includes in "protected disclosure" 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. Under the act, "protected disclosure" also includes, but is not limited to, a complaint made to the Commission on Judicial Performance. This bill would expand the definition of the term "protected disclosure" to include a complaint made to a Member of the Legislature, the Legislature, or any subdivision thereof. Because this bill would expand the definition of a crime, it 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.