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CA AB1788
Bill
Status
11/30/2016
Primary Sponsor
Melissa Melendez
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AI Summary
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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.
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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.
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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.
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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.
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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