BILL ANALYSIS
AB 567
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Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 567 (Villines) - As Introduced: February 25, 2009
SUBJECT : Government practices.
SUMMARY : Creates a Clearinghouse for Government Innovation and
Improvement Program (clearinghouse) within the Bureau of State
Audits (bureau) which shall solicit recommendations from the
public for improving state operations, and makes other specified
changes to the operations of the State Auditor (SA).
Specifically, this bill :
1)Expands the restrictions regarding the release of information
related to a State Auditor (SA) report to the officers and any
employee or former officers or employees of any state or local
agency or publicly created entity that has been subject to or
that has assisted the Bureau of State Audits (bureau) with an
audit or investigation or that has received a draft copy of
any report or other draft document from the bureau for comment
or review.
2)Replaces references to "investigative audit" with
"investigation."
3)Establishes the clearinghouse, and requires the SA to
establish a means for members of the public to submit
recommendations for improving state operations and review such
submissions in good faith.
4)Permits the SA to forward selected recommendations from the
public to the Governor, the Director of Finance, and the
majority and minority party leaders in both houses of the
Legislature for review.
5)Requires the SA to create the means for the submission of
allegations of improper governmental activity both mail and
electronically. The State Auditor may request, but shall not
require, that a person submitting an allegation provide his or
her name and contact information and provide the names and
contact information for any persons who could help to
substantiate the claim.
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6)Permits the SA to include recommendations to prevent the
continuation or recurrence of improper governmental activity
in a report to the head of the employee's agency.
7)Lengthens the reporting time from 30 to 60 days for the head
of the employing agency to report any action taken regarding
improper governmental activity.
8)Requires the SA to keep every investigation confidential,
including all investigative files and work product.
9)Specifies that the SA must report any recommendations that
have not been fully implemented.
10)Revises the term "employee" to include any individual
appointed by the Legislature who is not an employee of the
Legislature.
EXISTING LAW :
1)Sets forth the duties and powers of the bureau and makes
reference to audits and investigative audits.
2)Prohibits the State Auditor or his or her employees from
releasing to the public, among other things, any papers,
correspondence, or any substantive information pertaining to
any audit not completed.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Currently, the California Whistleblower Protection Act (Act)
provides the means for state employees and members of the public
to anonymously speak out if they witness any government waste,
fraud or abuse. While this Act works, there are several
improvements that could be made to encourage state employees to
come forward without fear of retaliation and to ensure that
auditor recommendations to correct issues are taken seriously."
Background . The Act authorizes the California SA to receive
complaints from state employees and members of the public who
wish to report an improper governmental activity. According to
the SA, bureau staff conduct careful evaluations of each
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complaint to determine whether an improper governmental activity
has occurred, and if the complaint has merit, the SA may conduct
a formal investigation.
The author's office has not cited specific examples of
deficiencies with the bureau's current system of receiving and
investigating complaints or instances of any improper
disclosures. It is also noted that the provisions requiring the
bureau to implement a system that allows an individual to
contact the bureau via mail, email, or telephone is consistent
with the bureau's current program.
Double referred . This bill is double-referred to the Assembly
Committee on Public Employees, Retirement, and Social Security.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301