Amended in Senate August 1, 2016

Amended in Senate June 15, 2016

Amended in Assembly January 4, 2016

Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1233

Introduced by Assembly Member Levine

February 27, 2015

An act begin insert to amend Section 8547.2 of, and end insert to add Section 8547.16 begin delete to end delete begin insert to, end insert the Government Code, relating to improper governmental activities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1233, as amended, Levine. Whistleblower investigation policy: state agencies.

The California Whistleblower Protection Act requires the State Auditor to administer the act and to investigate and report on improper governmental activities, as defined. The act requires the State Auditor to establish a means of submitting allegations of improper governmental activity, and generally requires the State Auditor to keep confidential every investigation, including all investigative files and work begin delete product. end delete

begin delete The end delete begin insert product. The end insert act authorizes the State Auditor to issue a public report of an investigation that has substantiated an improper governmental activity, keeping confidential the identity of the employee or employees involved. The act begin delete also end delete begin insert further end insert authorizes the State Auditor to release any findings or evidence supporting any findings resulting from an investigation whenever the State Auditor determines it necessary to serve the interests of the state.

This bill would require a state begin delete agency end delete begin insert agency, as defined, end insert that utilizes a whistleblower investigation policy separate from the act to publicly report, in the manner in which the State Auditor is authorized to publicly report, any investigation of a whistleblower complaint that has substantiated improper government activities. begin insert The bill would specify that its provisions shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8547.2 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8547.2.  

For the purposes of this article, the following terms
have the following meanings:

(a) “Employee” means 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, 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 Supreme Court, a court of appeal, a superior court, or the
Administrative Office of the Courts for the purposes of Sections
8547.3 to 8547.7, inclusive, and Section 8547.13, except for those
provisions of Section 8547.4 concerning notice of adverse action
and the State Personnel Board. “Employee” includes 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.

(c) “Improper governmental activity” means 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, (2) is in violation of an
Executive order of the Governor, a California Rule of Court, or
any policy or procedure mandated by the State Administrative
Manual or State Contracting Manual, or (3) is economically
wasteful, involves gross misconduct, incompetency, or inefficiency.
For purposes of Sections 8547.4, 8547.5, 8547.7, 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 8547.13,
“improper governmental activity” includes any activity by the
Supreme Court, a court of appeal, a superior court, or the
Administrative Office of the Courts, or by an employee thereof,
who otherwise meets the criteria of this subdivision.

(d) “Person” means an individual, corporation, trust, association,
a state or local government, or an agency or instrumentality of any
of the foregoing.

(e) “Protected disclosure” means a good faith communication,
including 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) 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 a good faith
communication to the begin delete California end delete State Auditor’s Office alleging
an improper governmental activity and any evidence delivered to
the begin delete California end delete State Auditor’s Office in support of the allegation.
“Protected disclosure” also includes, but is not limited to, a
complaint made to the Commission on Judicial Performance.

(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, begin insert and Section 8547.16, end insert and the
California State University for purposes of Sections 8547.3 to
8547.7, begin delete inclusive. end delete begin insert inclusive, and Section 8547.16. end insert Sections 8547.3
to 8547.7, inclusive, shall apply to the Supreme Court, the courts
of appeal, the superior courts, and the Administrative Office of
the Courts in the same manner as they apply to a state agency.

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 8547.16 is added to the Government Code, to
read:

8547.16.  

begin delete Any end delete begin insert (a) end insert begin insert   end insert begin insert A end insert state agency that utilizes a whistleblower
investigation policy separate from this article shall publicly report,
in the manner in which the State Auditor is authorized to publicly
report pursuant to subdivision (c) of Section 8547.7, any
investigation of a whistleblower complaint that has substantiated
improper governmental activities.

begin insert

(b) This section shall not be deemed to require the disclosure
of a public record that is otherwise not required to be disclosed
pursuant to any other state law, including, but not limited to, the
California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1).

end insert