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CA AB3265

Bill

Status

Introduced

2/21/2020

Primary Sponsor

Kevin McCarty

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Expands California Whistleblower Protection Act to specify that improper activities include actual or attempted acts of reprisal, retaliation, threats, coercion, or similar acts, and requires State Auditor to provide dated notice of receipt when allegations are submitted.

  • Requires State Auditor to notify whistleblowers upon request that an investigative report has been issued and to send findings of reprisal or retaliation to the State Personnel Board; makes investigative reports available to complainants in civil actions.

  • Increases criminal penalties for retaliation against state employees, University of California, California State University, and court employees from $10,000 fine to $25,000 fine and up to one year county jail time.

  • Eliminates requirement that employees exhaust internal complaint processes before filing civil actions for damages; authorizes courts to order reinstatement, backpay, restoration of service credit, compensatory damages, and expungement of adverse records.

  • Authorizes employees to petition State Personnel Board or superior courts for temporary or preliminary injunctive relief based on reasonable cause, with presumption favoring relief when adverse action occurs during open investigation of improper governmental activities.

Legislative Description

Whistleblowers: California State Auditor: State Personnel Board.

Last Action

Re-referred to Com. on JUD.

5/5/2020

Committee Referrals

Judiciary4/24/2020

Full Bill Text

No bill text available