BILL ANALYSIS �
AB 418
Page 1
Date of Hearing: April 9, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 418 (Mullin) - As Introduced: February 15, 2013
PROPOSED CONSENT (As Proposed to be Amended)
SUBJECT : CALIFORNIA WHISTLEBLOWER PROTECTION ACT: INTERNET
POSTING
KEY ISSUE : SHOULD CALIFORNIANS BE ADVISED OF THEIR RIGHTS TO
DISCLOSE IMPROPER GOVERNMENTAL ACTIVITIES UNDER THE CALIFORNIA
WHISTLEBLOWER PROTECTION ACT BY REQUIRING STATE AGENCIES TO POST
A GRAPHICAL LINK TO THE STATE AUDITOR'S INTERNET WEB PAGE?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This non-controversial but important bill seeks to advise the
public of their rights to disclose improper governmental
activities under the California Whistleblower Protection Act
("Act"). The Act authorizes the State Auditor to receive and
investigate complaints of alleged improper governmental
activities. The author states that existing law only requires
state employees to be provided notice of their rights under the
Act, by requiring state agencies generally to post notices.
However, "the public is not made aware of the existence of the
[Act] through its most visited state Internet Web sites." This
bill would require state agencies simply to post a graphical
link on the homepage of its Internet Web site to the State
Auditor's Internet Web page that contains information on how to
file a complaint under the Act. The bill would thus help to
ensure that the public has the information that they need in
order to take advantage of this important whistleblower
protection. Because there is reportedly currently only a
regular outreach program to remind state employees of their
rights under the Act, this proposal would appear to be a useful
and economic means of filling the gap with no substantial costs
involved. There is no known opposition.
SUMMARY : Seeks to advise the public and state employees of
their rights to disclose improper governmental activities under
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the California Whistleblower Protection Act (Act).
Specifically, this bill :
1)Requires a state agency to post a graphical link on the
homepage of its Internet Web site to the State Auditor's
Internet Web page that contains information on how to file a
complaint pursuant to the Act.
2)Requires the graphical link to include the phone number that
the public and a state employee may use to make a complaint
pursuant to the Act.
EXISTING LAW :
1)Provides that state employees or persons, as defined, may
disclose improper governmental activity, as defined, by a
state agency or employee. (Government Code Section 8547 et
seq. All further statutory references are to this code unless
otherwise noted.)
2)Permits the State Auditor to conduct an investigative audit
upon receiving specific information that any state employee or
state agency has engaged in improper governmental activity, as
defined. (Section 8547.5.)
3)Requires the State Auditor to prepare for state employees a
written explanation of the California Whistleblower Protection
Act. The explanation shall include, but not be limited to the
following information:
a) Instructions on how to contact the State Auditor by mail
or telephone.
b) A general overview of improper governmental activities
that may be reported to the State Auditor.
c) Examples of the two most commonly reported governmental
activities that the State Auditor does not have authority
to investigate.
d) An explanation of whistleblower protection available to
state employees who report improper governmental activities
to the State Auditor.
e) The requirement that the State Auditor protect the
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anonymity of a person who reports improper governmental
activity to the State Auditor.
f) The State Auditor's authority in connection with
violations of law discovered during an investigation of
improper governmental activities. (Section 8548.1.)
4)Requires the State Auditor to prepare for distribution to each
state agency in an electronic format a notice containing the
information in the written explanation, described above and
requires each state agency to print and post the notice at its
state office or offices in a location or locations where
employee notices are maintained. (Section 8548.2.)
5)Requires a state agency to disclose the opportunity to submit
complaints to the State Auditor under the California
Whistleblower Protection Act whenever the state agency posts
or advertises the opportunity to submit whistleblower
complaints through a program administered by the agency.
(Section 8548.2.)
6)Requires every state agency to send the information contained
in the notice by electronic mail to its employees who have
authorized access to electronic mail from the agency.
(Section 8548.3.)
7)Defines "state agency" as every state office, officer,
department, division, bureau, board, and commission, including
the California State University, the University of California,
the Supreme Court, the Court of Appeal, the superior courts,
and the Administrative Office of the Courts. (Section 8548.)
COMMENTS : This non-controversial but important bill seeks to
advise the public as well as state employees of their rights to
disclose improper governmental activities under the California
Whistleblower Protection Act. According to the author, although
existing law requires state offices to post notices regarding
the protections afforded state employees by the California
Whistleblower Protection Act, "the public is not made aware of
the existence of the [California] Whistleblower Protection Act
through its most visited state Internet Web sites."
Background. The California Whistleblower Protection Act (Act)
authorizes the State Auditor to receive and investigate
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complaints of alleged improper governmental activities, and also
protects every state employee who files a complaint from
suffering any retaliation by his or her state employer for
having made the complaint. (Government Code Section 8547 et
seq.) State employees, internal auditors of state agencies, and
any persons obtaining services from the State, including
contractors who do business with the state and job applicants,
may file a complaint under the Act with the State Auditor.
According to the State Auditor, to enable state employees and
the public to report suspected improper governmental activities,
the state auditor maintains a toll-free Whistleblower Hotline.
The state auditor also accepts reports of improper governmental
activities by mail and over the Internet.
Promotes Effective Outreach and Education of Whistleblower
Rights . Unless people are aware of what types of governmental
activities are improper, who to report them to, and the right to
be free from retaliation for protected disclosure, existing
whistleblower protections are not likely to be as effective in
rooting out governmental fraud, corruption or inefficiencies by
a state employee. This bill would thus appear to help to ensure
that the public has the information that they need. The bill
simply requires that state agencies post a graphical link, which
should include a phone number, on the homepage of its Internet
Web site to the State Auditor's Internet Web page that contains
information on how to file a complaint under the Act.
Currently, the State Auditor, in cooperation with the State
Personnel Board, is required to prepare an explanation of
whistleblower protections to be posted by each state agency in
locations where employee notices are maintained, and to be sent
annually by each agency via e-mail. Because there is reportedly
only a regular outreach program to remind state employees of
their rights under the Act, this proposal would appear to be a
useful and economic means of filling the gap.
Potential for Modest Increase In Volume of Inquires To and
Complaints Filed With the State Auditor . By ensuring that the
public will have greater access to full and accurate
information, the State Auditor will be apprised of and have an
opportunity to investigate more improper governmental activity.
According to its annual report, the State Auditor reports that
from April 1, 2011, through June 30, 2012, the state auditor
received 7,238 calls or inquiries. Of these, 5,781 came through
the hotline, 891 through the mail, 559 through the state
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auditor's Web site, and seven through individuals who visited
the State Auditor's office. (California State Auditor,
Investigations of Improper Activities by State Agencies and
Employees Dec. 2012, available at:
http://www.bsa.ca.gov/pdfs/reports/I2012-1.pdf .) Thus it would
appear this helpful consumer protection would have no
substantial costs involved through its modest requirement that
state agencies simply post a graphical link on the homepage of
their Internet Web sites to the State Auditor's Internet Web
page that contains information on how to file a complaint under
the Act.
Proposed Author's Amendment : In order to better clarify the
intent of the measure, and to assure conformity to the current
statutory scheme, the author prudently proposes to make the
following amendments:
On page 1, line 1, strike "8547.14" and insert "8548.6"
On page 2, line 1, strike "8547.14" and insert "8548.6"
On page 2, line 4, strike "pursuant to this article" and
insert "to the State Auditor under the
California Whistleblower Protection Act (Article 3
(commencing with Section 8547))"
On page 2, line 6, strike "pursuant to this article" and
insert "to the State Auditor under the
California Whistleblower Protection Act (Article 3
(commencing with Section 8547))"
Prior Related Legislation : SB 413 (Speier) Chap. 883 (Stats.
2001) required every state agency to print and post the notice,
as defined, at state offices and send it by electronic mail to
state employees of the agency annually.
AB 1102 (Lara) Chap. 328 (Stats. 2011) required any agency that
posts or advertises the opportunity to submit whistleblower
complaints through a program administered by the agency, to also
disclose the opportunity to submit complaints to the State
Auditor under the California Whistleblower Protection Act.
REGISTERED SUPPORT/OPPOSITION:
Support
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None on file
Opposition
None on file
Analysis Prepared by : Drew Liebert and Rebecca Kramer / JUD. /
(916) 319-2334