BILL ANALYSIS Ó
Bill No: AB
418
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2013-2014 Regular Session
Staff Analysis
AB 418 Author: Mullin
As Amended: April 15, 2013
Hearing Date: June 25, 2013
Consultant: Paul Donahue
SUBJECT
California Whistleblower Protection Act: Internet link
DESCRIPTION
1)Requires state agencies to post a specifically described
graphical Internet link referencing the State Auditor's
website location that contains information on how to file
a complaint pursuant to the California Whistleblower
Protection Act (Act).
2)Specifies that the Internet link shall include the phone
number that persons may use to make a complaint to the
State Auditor pursuant to the Act.
EXISTING LAW
1)Establishes procedures under which a state employee may
report improper governmental activities or make a
protected disclosure to the State Auditor.
2)Prohibits retaliation or reprisals against a state
employee for making a report.
3)Requires the State Auditor to investigate and report on
improper governmental activities, as defined.
BACKGROUND
AB 418 (Mullin) continued
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1)Purpose : According to the author, although existing law
requires state offices to post notices regarding the
protections afforded state employees by the Act, "the
public is not made aware of the existence of the
[California Whistleblower Protection] Act through its
most visited state Internet websites."
2)Background : The Legislature enacted the California
Whistleblower Protection Act to protect the right of
state employees "to report waste, fraud, abuse of
authority, violation of law, or threat to public health
without fear of retribution."<1>
The Act authorizes the State Auditor to receive and
investigate complaints of alleged improper governmental
activities, and also protects every state employee who
files a complaint from retaliation by his or her employer
for having made the complaint. State employees, internal
auditors of state agencies, and any persons obtaining
services from the State, including contractors who do
business with the state, and job applicants, may file a
complaint under the Act.
According to the State Auditor's annual report, from
April 1, 2011, through June 30, 2012, the office received
7,238 calls or inquiries. Of these, 5,781 came through
the hotline, 891 through the mail, 559 through the
website, and 7 through individuals who visited the State
Auditor's office.
PRIOR/RELATED LEGISLATION
SB 496 (Wright), 2013-2014 Session. Protects whistleblower
employees by assuring them the procedural guarantees and
independent fact-finding taking place in a superior court
civil damages action, consistent with State Bd. of
Chiropractic Examiners v. Superior Court (Arbuckle) (2009)
45 Cal.4th 963. (Assembly Judiciary Committee)
AB 1102 (Lara), Chapter 328 Statutes of 2011. Required any
agency that posts or advertises the opportunity to submit
whistleblower complaints through a program administered by
the agency, to also disclose the opportunity to submit
complaints to the State Auditor under the California
Whistleblower Protection Act.
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<1> Gov. Code § 8547.1
AB 418 (Mullin) continued
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AB 1749 (Lowenthal), Chapter 160 Statutes of 2010. Extended
protections of the California Whistleblower Protection Act
to employees of the Judicial Branch, including the
Administrative Office of the Courts.
SB 413 (Speier), Chapter 883 Statutes of 2001. Required
every state agency to print and post a notice, as defined,
at state offices and send it by electronic mail to state
employees of the agency annually.
AB 1412 (Wildman), Chapter 156 Statutes of 1999. Enacts the
Whistleblower Protection Act, prohibiting any state or
local governmental employee from interfering with the right
of any person to disclose an improper governmental activity
to an investigating committee of the Legislature.
SUPPORT: California State Retirees
OPPOSE: None on file
FISCAL COMMITTEE: Senate Appropriations Committee
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