Bill Text: CA AB2065 | 2013-2014 | Regular Session | Amended
Bill Title: Legislative Employee Whistleblower Protection Act:
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB2065 Detail]
Download: California-2013-AB2065-Amended.html
BILL NUMBER: AB 2065 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 15, 2014
AMENDED IN ASSEMBLY MAY 13, 2014
AMENDED IN ASSEMBLY MAY 5, 2014
AMENDED IN ASSEMBLY APRIL 8, 2014
INTRODUCED BY Assembly Members Melendez, Garcia, and Gorell
FEBRUARY 20, 2014
An act to add Article 11 (commencing with Section 9149.30) to
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, relating to the Legislature.
LEGISLATIVE COUNSEL'S DIGEST
AB 2065, as amended, Melendez. Legislative Employee Whistleblower
Protection Act: Legislature: employees.
Existing law provides procedures for a person to file a complaint
alleging violations of legislative ethics. Existing law also
authorizes each house of the Legislature to adopt rules for its
proceedings and to select committees necessary for the conduct of its
business.
This act would prohibit retaliation against
interference with the right of legislative employees, as
defined, who to make protected
disclosures of ethics violations. It would also prohibit
retaliation against legislative employees who have made protected
disclosures. This act would establish a procedure for
legislative employees to report acts of retaliation
violations of the act to the Legislature . The
act would also impose civil and criminal liability on a person who
interferes with a legislative employee's right to make a
protected disclosure or who engages in retaliatory acts, as
specified.
By expanding the scope of crimes under the act, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 11 (commencing with Section 9149.30) is added
to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, to read:
Article 11. Legislative Employee Whistleblower Protection Act
9149.30. This article shall be known and may be cited as the
Legislative Employee Whistleblower Protection Act.
9149.31. The Legislature finds and declares that legislative
employees should be free to report ethical violations without fear of
retribution.
9149.32. For the purposes of this article, the following
words terms have the following meanings:
(a) "Legislative employee" means an individual, other than a
Member of either house of the Legislature, who is currently employed
by either house of the Legislature.
(b) "Protected disclosure" means the filing of a complaint
alleging a violation of Article 2 of Chapter 1 of this part or of any
standard of conduct, as defined by the standing rules of either
house of the Legislature.
(c) "Use of official authority or influence" includes promising to
confer, or conferring, any benefit; effecting, or threatening to
effect, any reprisal; or taking, or directing others to take, or
recommending, processing, or approving, any personnel action,
including, appointment, promotion, transfer, assignment, performance
evaluation, suspension, or other disciplinary action.
9149.33. (a) A Member of the Legislature or legislative employee
shall not directly or indirectly use or attempt to use that person's
official authority or influence for the purpose of intimidating,
threatening, coercing, commanding, or attempting to intimidate,
threaten, coerce, or command a legislative employee for the purpose
of interfering with the right of the legislative employee to make a
protected disclosure.
(b) Except to the extent that a Member of the Legislature is
immune from liability under the doctrine of legislative immunity, a
person who violates this section is subject to a fine not to exceed
ten thousand dollars ($10,000) and imprisonment in a county jail for
a period not to exceed one year.
(c) In addition to all other penalties provided by law, except to
the extent that a Member of the Legislature is immune from liability
under the doctrine of legislative immunity, a person who violates
this section shall be liable in a civil action for damages brought by
a legislative employee.
(b)
(d) Nothing in this section shall be construed to
authorize an individual to disclose information otherwise prohibited
by or under law.
(c)
(e) This section does not is
not intended to prevent a supervisor, manager, or other officer
of the Legislature from taking, directing others to take,
recommending, or approving any personnel action or from taking or
failing to take a personnel action with respect to any legislative
employee if the supervisor, manager, or other officer reasonably
believes any action or inaction is justified on the basis of evidence
separate and apart from the fact that the person has made a
protected disclosure.
9149.34. A legislative employee may file a written complaint with
either house of the Legislature pursuant to its rules alleging
actual or attempted acts of reprisal, retaliation, threats, coercion,
or similar improper acts prohibited by Section 9149.33. The
complaint, together with a sworn statement under penalty of perjury
that the contents of the complaint are true, or are believed by the
affiant to be true, shall be filed within one year of the most recent
improper act complained about.
9149.35. Except to the extent that a Member of the Legislature is
immune from liability under the doctrine of legislative immunity, a
person who violates Section 9149.33
intentionally engages in acts of reprisal, retaliation, threats,
coercion, or similar acts against a legislative employee for having
made a protected disclosure is subject to a fine not to exceed
ten thousand dollars ($10,000) and imprisonment in a
county jail for a period not to exceed one year.
9149.36. (a) In addition to all other penalties provided by law,
except to the extent that a Member of the Legislature is immune from
liability under the doctrine of legislative immunity, a person who
violates Section 9149.33 intentionally
engages in acts of reprisal, retaliation, threats, coercion, or
similar acts against a legislative employee for having made a
protected disclosure shall be liable in a civil action for
damages brought by a legislative employee.
(b) (1) In any civil action, once it has been demonstrated by a
preponderance of the evidence that an activity protected
by this article was a contributing factor in the alleged retaliation
against a legislative employee, the burden of proof shall be on the
offending party to demonstrate by clear and convincing evidence that
the alleged action would have occurred for legitimate, independent
reasons even if the legislative employee had not made a protected
disclosure.
(2) Punitive damages may be awarded by the court if the acts of
the offending party are proven to be malicious. If liability is
established, the injured party shall also be entitled to reasonable
attorney's fees as provided by law.
(c) A legislative employee is not required to file a complaint
pursuant to Section 9149.34 before bringing an action for civil
damages.
(d) This section is not intended to prevent a supervisor, manager,
or other officer of the Legislature from taking, directing others to
take, recommending, or approving any personnel action or from taking
or failing to take a personnel action with respect to any
legislative employee if the supervisor, manager, or other officer
reasonably believes any action or inaction is justified on the basis
of evidence separate and apart from the fact that the person has made
a protected disclosure.
(e) For purposes of this section, "legislative employee" shall
include a former employee of the Legislature.
9149.37. This article does not diminish the rights, privileges,
or remedies of a legislative employee under any other federal or
state law.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
