BILL ANALYSIS �
SB 921
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Date of Hearing: August 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 921 (Lieu) - As Amended: August 14, 2012
Policy Committee: Veterans
AffairsVote: 9-0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill codifies the existing Office of the Inspector General
(IG) in the state Military Department, and creates a California
Military Whistleblower Protection Act - as distinct from the
existing California Whistleblower Protections Act. Specifically,
this bill:
1)States the intent of the Legislature that the IG and the
California Military Whistleblower Protection Act are intended
to mirror federal law and regulations that govern federal IGs,
and that Department employees should be free to communicate
and report waste, fraud, abuse of authority, violations of
law, or threats to public health and safety without fear of
retribution.
2)Requires the IG be appointed by the governor, considering the
recommendation of the Adjutant General (TAG), for a four-year
term. Requires the IG to meet the qualifications established
in the code for the Assistant Adjutant General, requires the
IG to be subordinate to the TAG, and prohibits any person
from serving as TAG or the Assistant Adjutant General for four
years from the date of leaving the position of IG.
3)Requires the IG to, at a minimum, continue to perform
inspections, assistance, investigations, and teaching and
training, maintain a toll-free public telephone number and a
Web site to receive complaints and allegations.
4)States that at the discretion of the IG or the TAG, or upon
request by a governor, legislator, member of the Military
Department, or member of the public, the IG may investigate
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complaints or allegations involving a violation of law, gross
mismanagement, a gross waste of funds, abuse of authority, or
a substantial and specified danger to public health or safety.
5)Prohibits the IG from sharing the identity of a person making
a request, allegation or complaint.
6)Requires the IG, on or before July 1, 2013, and on or before
July 1 thereafter, to submit a report to the governor and the
Legislature regarding investigations, as specified.
7)Creates the "California Military Whistleblower Protection Act"
and specifies a series of whistleblower requirements and
protections and a prescriptive response protocol for the IG.
8)Specifies that nothing in this measure is intended to
supersede the rights, benefits, processes, and procedures
already afforded to members of the Department under existing
law.
9)Requires the Department to provide, at a minimum, one training
per year to the Department's civil service employees regarding
the role and responsibility of the IG and their rights under
the California Whistleblower Act, the Military Whistleblower
Protection Act, and any other relevant state or federal law.
FISCAL EFFECT
1)Minor and absorbable costs to the extent the prescriptive
requirements of this bill result in additional workload for
the existing, yet uncodified IG.
2)Minor and absorbable costs for the required training regarding
the IG and rights under the proposed California Military
Whistleblowers Act. The department indicates any costs for
additional training are absorbable.
COMMENTS
Rationale . The intent of this bill is to codify, clarify and
strengthen the IG and whistleblower protection, particularly in
light of the recent Military Department imbroglio involving
compensation at the highest levels of the department.
While there is an IG in the Military Department, and there is a
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California Whistleblower Act and a federal Whistleblower
Protection Act, this bill adds specificity to the
responsibilities of the IG and the protections for military
whistleblowers.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081