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CA AB1788

Bill

Status

Failed

11/30/2016

Primary Sponsor

Melissa Melendez

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Establishes the Legislative Employee Whistleblower Protection Act prohibiting Members of the Legislature and legislative employees from using official authority to interfere with or retaliate against employees who make protected disclosures of ethics violations.

  • Defines "protected disclosure" as filing complaints about ethics violations with the Joint Legislative Ethics Committee, Senate Committee on Legislative Ethics, Assembly Legislative Ethics Committee, Assembly Rules Committee, or designated ethics ombudspersons.

  • Authorizes legislative employees to file written complaints about retaliation or threats within one year of the improper act, with complaint recipients required to maintain confidentiality of complainants and witnesses unless authorized to disclose or requested by law enforcement.

  • Imposes criminal penalties of up to $10,000 fine and one year county jail time for interference with protected disclosures or retaliatory acts, with exceptions for legislative immunity.

  • Creates civil liability for damages, including punitive damages if acts are proven malicious, with attorney's fees available to prevailing parties; requires offending party to prove by clear and convincing evidence that retaliation would have occurred for legitimate independent reasons.

Legislative Description

Legislature: Legislative Employee Whistleblower

Last Action

From Senate committee without further action.

11/30/2016

Committee Referrals

Appropriations6/29/2016
Judiciary6/9/2016
Rules5/19/2016
Appropriations5/2/2016
Rules4/19/2016
Judiciary2/18/2016

Full Bill Text

No bill text available