BILL NUMBER: SB 921 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2011
AMENDED IN SENATE MAY 11, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senators Lieu and Correa
FEBRUARY 18, 2011
An act to add Article 2.5 (commencing with Section 150) to Chapter
2 of Part 1 of Division 2 of the Military and Veterans Code,
relating to the Military Department, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 921, as amended, Lieu. Military Department: Office of the
Inspector General.
Existing law establishes in state government the Military
Department, which includes the office of the Adjutant General, the
State Military Reserve, the California Cadet Corp, and the Naval
Militia. There is also, within the Military Department, the Office of
the State Military Department Inspector General. The State Military
Department Inspector General inspects, audits, investigates, trains,
and performs various duties necessary to support the mission of the
Military Department.
This bill would require the State Military Department Inspector
General to be independent of the chain of command of the Military
Department. This bill would require the Governor to appoint the
inspector general, subject to Senate confirmation. This bill would
specify the duties of the State Military Department Inspector
General, and would require the inspector general to establish a
toll-free public telephone number to receive these complaints and
allegations. This bill would also require that disciplinary action be
brought against a state officer or employee who intentionally
retaliates against a person who made a complaint or allegation of
wrongdoing to the State Military Department Inspector General, as
provided, and would specify that these officers and employees may be
liable for civil damages for these same actions.
This bill would require the inspector general to investigate
specified complaints and allegations of misconduct upon written
request of specified persons and would provide that those requests
are not a public record under the California Public Records Act.
The California Constitution requires that a statute that limits
the right of access to the meetings of public bodies or the writings
of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2.5 (commencing with Section 150) is added to
Chapter 2 of Part 1 of Division 2 of the Military and Veterans Code,
to read:
Article 2.5. State Military Department Inspector General
150. For purposes of this article, the following terms have the
following meanings:
(a) "Department" means the Military Department.
(b) "Office" means the Office of the State Military Department
Inspector General.
(c) "Inspector general" means the State Military Department
Inspector General.
150.10. (a) The inspector general shall be independent of the
chain of command of the Military Department.
(b) The inspector general shall meet the same qualifications
established in this code for the Adjutant General.
(c) (1) The Governor shall appoint the inspector general, subject
to confirmation by the Senate.
(2) Upon confirmation by the Senate, the inspector general shall
serve at the discretion of the Governor.
(3) The inspector general shall serve on state active duty at the
grade of O-6.
150.11. (a) The department shall, from the amount annually
appropriated to it for purposes of this office, fund the position of
inspector general and provide the office space and support personnel
requested by the inspector general.
(b) The inspector general shall have access to all employees and
documents of the department.
150.12. (a) The inspector general may receive communications from
any person, including, but not limited to, any member of the
California National Guard, the State Military Reserve, and the Naval
Militia.
(b) The inspector general shall establish a toll-free public
telephone number to receive the complaints and allegations described
in subdivision (a) of Section 150.13. The inspector general shall
post this telephone number in clear view at every California National
Guard armory, flight facility, airfield, or installation.
150.13. (a) At the discretion of the inspector general or, upon a
written request by the Governor, a member of the California
Legislature, the Adjutant General, or any member of the public, the
inspector general shall investigate any of the following:
(1) Complaints that the Adjutant General or the Assistant Adjutant
General has engaged in discrimination or retaliation for
whistleblowing.
(2) Allegations of misconduct by the Adjutant General or the
Assistant Adjutant General.
(3) Allegations of misconduct by any member of the California
National Guard.
(b) If the inspector general conducts an investigation at the
request of a member of the California Legislature, the inspector
general shall submit to that member a report of his or her findings
of that investigation.
(c) (1) A request described in subdivision (a) is not a public
record and is not subject to disclosure under the California Public
Records Act set forth in Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code.
(2) Notwithstanding paragraph (1), the inspector general
may, at his or her discretion, disclose to the Governor, a member of
the California Legislature, or to a law enforcement agency the
identity of a person making a written request or an allegation or
complaint described in subdivision (a). The inspector
general shall not disclose to any other person or
entity the identity of a person making a written request or an
allegation or complaint described in subdivision (a), unless the
person making the request, allegation, or complaint has consented to
the disclosure in writing.
(d) When deemed appropriate by the inspector general, the
inspector general shall refer to the federal Inspector General of the
Department of Defense any complaints and allegations pertaining to
violations of federal military laws or regulations.
150.14. (a) Any state officer or employee who intentionally
engages in acts of reprisal, retaliation, threats, coercion, or
similar acts against an employee of any state department, board, or
authority for having disclosed what the employee, in good faith,
believed to be a complaint or allegation described in subdivision (a)
of Section 150.13 shall be disciplined by adverse action as provided
in subdivision (a) of Section 19574 of the Government Code. If no
adverse action is instituted by the appointing power, the State
Personnel Board shall take adverse action against the officer or
employee in the same manner as provided in Section 19583.5 of the
Government Code.
(b) In addition to all other causes of action, penalties, or other
remedies provided by law, any state officer or employee who
intentionally engages in acts of reprisal, retaliation, threats,
coercion, or similar acts against an employee for having disclosed
what the employee, in good faith, believed to be a complaint or
allegation described in subdivision (a) of Section 150.13 shall be
liable in an action for damages brought against him or her by the
injured party. Punitive damages may be awarded by the court if the
acts of the offending party are proven to be malicious. If liability
has been established, the injured party also shall be entitled to
reasonable attorney's fees as provided by law.
(c) For purposes of this section "state officer" includes, but is
not limited to, a member of the Military Department on state active
duty and any officer who holds a state commission or appointment by
the Governor.
SEC. 2. The Legislature finds and declares that Section 1 of this
act, which adds Section 150.13 to the Military and Veterans Code,
imposes a limitation on the public's right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that
interest:
In order to protect the confidentiality of those persons making
complaints or allegations, as authorized by this act, from any form
of retaliation for having made the complaint or allegation, it is in
the state's interest to limit public access to information.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure that Military Department personnel who are
employed in State state active duty,
and thus are not under federal military oversight, as well as those
subject to the control of these personnel, receive due process in the
consideration of complaints and appeals of disciplinary actions
, it is necessary for this act to take effect immediately .