BILL NUMBER: AB 1749	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Bonnie Lowenthal and Audra
Strickland

                        FEBRUARY 8, 2010

   An act to amend Section 8547.2 of the Government Code, relating to
whistleblower protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1749, as introduced, Bonnie Lowenthal. Whistleblower Protection
Act: Administrative Office of the Courts.
   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 Administrative
Office of the Courts within the definition of "employee" for the
purposes of the California Whistleblower Protection Act, and would
provide that specified provisions of the act apply to the
Administrative Office of the Courts. 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8547.2 of the Government Code is amended to
read:
   8547.2.  For the purposes of this article, the following terms
have the following meanings:
   (a) "Employee" means  any   an 
individual appointed by the Governor  ,  or employed or
holding office in a state agency as defined by Section 11000,
including, for purposes of Sections 8547.3 to 8547.7, inclusive,
 any   an  employee of the California State
University  ,  or an individual appointed by the
Legislature to a state board or commission and who is not a Member or
employee of the Legislature.  In addition, "employee" means a
person employed by   the Administrative Office of the Courts
for the purposes of Sections 8547.3 to 8547.8, inclusive  
.  "Employee" includes  any   a 
former employee who met the criteria of this subdivision during his
or her employment. 
   (b) "Illegal order" means a directive to violate or assist in
violating a federal, state, or local law, rule, or regulation, or an
order to work or cause others to work in conditions outside of their
line of duty that would unreasonably threaten the health or safety of
employees or the public.  
   (b) 
    (c)  "Improper governmental activity" means  any
  an  activity by a state agency or by an employee
that is undertaken in the performance of the employee's duties,
undertaken inside a state office, or, if undertaken outside a state
office by the employee, directly relates to state government, whether
or not that activity is within the scope of his or her employment,
and that (1) is in violation of any state or federal law or
regulation, including, but not limited to, corruption, malfeasance,
bribery, theft of government property, fraudulent claims, fraud,
coercion, conversion, malicious prosecution, misuse of government
property, or willful omission to perform duty, or (2) is economically
wasteful, or involves gross misconduct, incompetency, or
inefficiency. For purposes of Sections 8547.4, 8547.5, 8547.10, and
8547.11, "improper governmental activity" includes any activity by
the University of California or by an employee, including an officer
or faculty member, who otherwise meets the criteria of this
subdivision.  For purposes of   Sections 8547.4, 8547.5,
and 8547.8, "improper governmental activity" includes any activity
by the Administrative Office of the Courts, or by an employee
thereof, that otherwise meets the criteria of this subdivision. 

   (c) 
    (d)  "Person" means  any   an 
individual, corporation, trust, association, any state or local
government, or  any   an  agency or
instrumentality of any of the foregoing. 
   (d) 
    (e)  "Protected disclosure" means  any 
 a  good faith communication, including  any
  a  communication based on, or when carrying out,
job duties, that discloses or demonstrates an intention to disclose
information that may evidence (1) an improper governmental activity
 ,  or (2)  any   a  condition
that may significantly threaten the health or safety of employees or
the public if the disclosure or intention to disclose was made for
the purpose of remedying that condition. Protected disclosure
specifically includes  any   a  good faith
communication to the Bureau of State Audits alleging an improper
governmental activity and any evidence delivered to the Bureau of
State Audits in support of the allegation. 
   (e) "Illegal order" means any directive to violate or assist in
violating a federal, state, or local law, rule, or regulation or any
order to work or cause others to work in conditions outside of their
line of duty that would unreasonably threaten the health or safety of
employees or the public. 
   (f) "State agency" is defined by Section 11000. "State agency"
includes the University of California for purposes of Sections 8547.5
to 8547.7, inclusive, and the California State University for
purposes of Sections 8547.3 to 8547.7, inclusive.  Sections
8547.3 to 8547.8, inclusive, shall apply to the Administrative Office
of the Courts in the same manner as they apply to a state agency.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.