§ 9149.32. — 9149.32. (Amended by Stats. 2018, Ch. 952, Sec. 1.)

California § 9149.32.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 2.
• Title 2.: DIVISION 2. LEGISLATIVE DEPARTMENT
• Part 1.: PART 1. LEGISLATURE
• Ch. 1.5.: CHAPTER 1.5. General
• Art. 11.: ARTICLE 11. Legislative Employee Whistleblower Protection Act

Text

For the purposes of this article, the following terms have the following meanings:
(a)
“Interfere” means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure.
(b)
“Legislative employee” means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. “Legislative employee” includes volunteers, interns, fellows, and applicants.
(c)
“Protected disclosure” means a communication that is both of the
following:
(1)
Made by a legislative employee in good faith alleging that any of the following engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct:
(A)
A Member of the Legislature.
(B)
A legislative employee.
(C)
A person who is neither a Member of the Legislature nor a legislative employee whose behavior affects a Member or legislative employee who is engaged in a work-related activity.
(2)
Protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities:
(A)
The Senate Committee on Rules, or its publicly identified designee.
(B)
The Assembly Committee on Rules, or its publicly identified designee.
(C)
The Joint Committee on Rules, or its publicly identified designee.
(D)
A state or local law enforcement agency.
(E)
A state agency authorized to investigate potential violations of state law.
(F)
An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance.
(d)
“Retaliate” means to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure.
(e)
“Use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including
an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.

Legislative History

Amended by Stats. 2018, Ch. 952, Sec. 1. (SB 419) Effective September 30, 2018.