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CA AB2700

Bill

Status

Introduced

4/24/2012

Primary Sponsor

Marty Block

Click for details

Origin

State Assembly

2011-2012 Session

AI Summary

  • Authorizes state employees and applicants for state employment to file written complaints of reprisal, retaliation, threats, or coercion with the State Personnel Board within 12 months of the alleged improper act.

  • Establishes criminal penalties of up to $10,000 in fines and up to one year in county jail for persons who intentionally engage in retaliatory acts against employees who make protected disclosures.

  • Allows injured employees to sue for civil damages and reasonable attorney's fees if they first file a complaint with the State Personnel Board; punitive damages may be awarded if the retaliatory acts are proven malicious.

  • Shifts the burden of proof in retaliation cases: once protected disclosure is shown to be a contributing factor, the supervisor or appointing power must prove by clear and convincing evidence that the adverse action would have occurred for legitimate, independent reasons.

  • Takes effect immediately as an urgency statute to encourage state employees to report fraud and abuse to the Legislature while providing protections consistent with those available for State Auditor disclosures.

Legislative Description

Whistleblower protection.

Last Action

From printer. May be heard in committee May 25.

4/25/2012

Full Bill Text

No bill text available