BILL NUMBER: AB 706 CHAPTERED 09/22/05 CHAPTER 310 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2005 APPROVED BY GOVERNOR SEPTEMBER 22, 2005 PASSED THE ASSEMBLY SEPTEMBER 1, 2005 PASSED THE SENATE AUGUST 30, 2005 AMENDED IN SENATE AUGUST 15, 2005 AMENDED IN SENATE JULY 11, 2005 AMENDED IN SENATE JUNE 30, 2005 AMENDED IN ASSEMBLY APRIL 14, 2005 INTRODUCED BY Assembly Member Parra (Coauthors: Assembly Members Klehs and Koretz) FEBRUARY 17, 2005 An act to add Article 4 (commencing with Section 89570) to Chapter 5 of Part 55 of the Education Code, relating to the California State University. LEGISLATIVE COUNSEL'S DIGEST AB 706, Parra California State University: investigation of reported improper governmental activities. (1) Existing law establishes the California State University and its various campuses under the administration of the Trustees of the California State University. Existing law, the California Whistleblower Protection Act, sets forth the circumstances and procedures under which a state employee may report improper governmental activities or make a protected disclosure to the State Auditor, and prohibits retaliation or reprisal against a state employee for these acts. An existing provision of the California Whistleblower Protection Act defines any employee of the California State University as a state employee and the California State University as a state agency for the purposes of some provisions of this act. Existing law authorizes a California State University employee to file a written complaint with his or her supervisor or manager, or with any other designated university officer, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts for having made a protected disclosure. It is a misdemeanor for any person to intentionally engage in acts of retaliation, reprisal, threats, coercion, or similar acts against an employee of the California State University for having made a protected disclosure under these provisions. This bill would enact the California State University Investigation of Reported Improper Governmental Activities Act. The bill would establish a procedure for the investigation of written complaints submitted to a designated administrator of the California State University by employees of, or applicants for employment at, the university. (2) An existing provision of the California Constitution requires that a statute, court rule, or other authority adopted after November 4, 2004, that limits the public's right of access be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. The bill would, with respect to this constitutional provision, express findings and declarations of the Legislature regarding the individual privacy interests that are protected under the bill. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 4 (commencing with Section 89570) is added to Chapter 5 of Part 55 of the Education Code, to read: Article 4. Investigation of Reported Improper Governmental Activities 89570. This article shall be known and may be referred to as the California State University Investigation of Reported Improper Governmental Activities Act. 89571. It is the intent of the Legislature that employees of, and applicants for employment at, the California State University should be free to report improper governmental activities and significant threats to health or safety and that their identities and the privacy rights of those affected by investigations of the protected disclosures be properly safeguarded. 89572. For the purposes of this article: (a) "Applicant for employment" means an individual who has completed and submitted an application form for a specific, available position at a campus of the California State University or at the Office of the Chancellor of the California State University. (b) "Complainant" means an employee or applicant for employment who files a report and makes a protected disclosure in accordance with established procedures of the California State University. (c) "Employee" means any person employed by the California State University. (d) "Improper governmental activity" has the same meaning as set forth in subdivision (b) of Section 8547.2 of the Government Code. (e) "Protected disclosure" means any good faith communication, as defined by subdivision (d) of Section 8547.2 of the Government Code, that is made in accordance with established procedures of the California State University. 89573. (a) Upon receiving a protected disclosure in writing, the administrator designated in accordance with established procedures of the California State University shall acknowledge receipt of the written disclosure to the complainant. The administrator may conduct or cause to be conducted an investigative audit of the matter, and determine what action, if any, is necessary. (b) The administrator shall issue a formal response to the complainant that contains a summary of the allegations, a summary of the investigation, whether the allegations were substantiated, and what actions, if any, were taken in response to the complaint. This response shall be issued in a timely fashion and in a manner that is consistent with the privacy interests of each person who is involved in the situation addressed by the response. This response shall be subject to disclosure in accordance with Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. (c) The identity of the person providing the protected disclosure shall not be disclosed without the written permission of that person unless the disclosure is to a law enforcement agency that is conducting a criminal investigation or to the State Auditor. 89574. (a) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, every investigative audit undertaken under this article shall be kept confidential, except that the California State University may issue any report of an investigation that has substantiated an allegation made by the complainant, keeping confidential the identity of the individual or individuals involved, or release any findings resulting from an investigation conducted pursuant to Section 89045 that the trustees deem necessary to serve the interests of the state. (b) This article shall not be construed to limit any authority conferred by law upon the Attorney General or any other department or agency of government to investigate any matter. SEC. 2. The Legislature finds and declares all of the following: (a) Section 1 of this act, which adds Article 4 (commencing with Section 89570) to Chapter 5 of Part 55 of the Education Code, imposes a limitation on the public's right of access to the writings of public officials and a public agency within the meaning of Section 3 of Article I of the California Constitution. Pursuant to paragraph (2) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the findings set forth in subdivisions (b) and (c) of this section in order to demonstrate the privacy interest protected by this limitation and the need for protecting that privacy interest. (b) The Legislature has endeavored to protect the privacy interests of individuals who have provided protected disclosures of alleged improper governmental activities as well as the privacy interests of those affected by investigative audits of alleged improper governmental activities with prior legislation such as Section 8547.2 of, and subdivision (c) of Section 8547.7 of, the Government Code. Section 1 of this act will provide the same protections as that prior legislation. (c) In order to protect the identities and other privacy interests of those who make protected disclosures and those affected by the investigations, this information should be kept confidential, while providing summaries of allegations and investigations that are undertaken.