§ 56. — 56. (Amended by Stats. 2021, Ch. 615, Sec. 329.)

California § 56.

• Jurisdiction: California
• Code MVC: Military and Veterans Code - MVC
• Div. 1.: DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS
• Ch. 1.: CHAPTER 1. The Military Department

Text

(a)
This section shall be known, and may be cited, as the “California Military Whistleblower Protection Act.”
(b)
Notwithstanding any other law, a person shall not do any of the following:
(1)
(A)
Restrict a member of the department from communicating with a Member of Congress, the Governor, a Member of the Legislature, or any state or federal inspector general.
(B)
Subparagraph (A) shall not apply to a communication that is unlawful.
(2)
Take, or threaten to take, an unfavorable
personnel action, or withhold, or threaten to withhold, a favorable personnel action, as a reprisal against a member of the department for making a communication to any person, including, but not limited to, any of the following:
(A)
A Member of Congress.
(B)
The Governor.
(C)
A Member of the Legislature.
(D)
The inspector general.
(E)
The State Auditor.
(F)
A federal inspector general or any other inspector general appointed under the Inspector General Act of 1978.
(G)
Any member of a Department of Defense audit, inspection, investigation, or law enforcement organization.
(H)
Any local, state, or federal law enforcement agency.
(I)
Any person or organization in the chain of command of the department.
(J)
Any other person or organization designated pursuant to regulation or any other established administrative procedures for communications of this type.
(c)
Notwithstanding any other law, if a member of the department submits to an inspector general an allegation that a personnel action prohibited by paragraph (2) of subdivision (b) has been taken or has been threatened to be taken against the member of the
department, the inspector general shall take action as provided by subdivision (d).
(d)
An inspector general receiving an allegation pursuant to subdivision (c) shall do all of the following:
(1)
Expeditiously determine whether there is sufficient evidence, in accordance with federal regulations governing federal inspectors general, to warrant an investigation of the allegation.
(2)
Conduct a separate investigation of the information that the member making the allegation believes constitutes evidence of wrongdoing under both of the following circumstances:
(A)
There has not been a previous investigation.
(B)
There has been a previous investigation but the inspector general determines that the previous investigation was biased or otherwise inadequate.
(3)
Upon determining that an investigation of an allegation is warranted, expeditiously investigate the allegation.
(e)
The inspector general shall refer all allegations regarding personnel actions prohibited by paragraph (2) of subdivision (b) to the Chief of the National Guard Bureau and the Governor.
(f)
(1)
After completion of an investigation the inspector general shall submit a report on the results of the investigation to the Adjutant General and a copy of the report on the results of the investigation to the member of the department who made the allegation.
The report shall be transmitted to the Adjutant General, and the copy of the report shall be transmitted to the member, not later than 30 days after the completion of the investigation.
(2)
The report on the results of the investigation transmitted to the Adjutant General shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint.
(3)
Except for that information that is not required to be disclosed under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code),
in the copy of the report transmitted to the member of the department the inspector general shall ensure the maximum disclosure of information that may be lawfully disclosed. The copy of the report need not, however, include summaries of interviews conducted, or any document acquired, during the course of the investigation. These items shall be transmitted to the member of the department, if the member requests the items, with the copy of the report or after the transmittal to the member of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the member.
(4)
The inspector general shall provide an interim response to allegations when the final response will be significantly delayed due to operational demands, complexity of the case, or the receipt of
additional information. The inspector general shall provide interim responses every 60 days until the matter is resolved and the case closed.
(5)
If, in the course of an investigation of an allegation under this section, the inspector general determines that it is not possible to submit the report required by this subdivision within 60 days after the date of receipt of the allegation being investigated, the inspector general shall provide to the Adjutant General and to the member making the allegation a notice of all of the following:
(A)
The reasons why the report may not be submitted within that time.
(B)
When the report will be submitted.
(g)
Nothing in this
article is intended to supersede the rights, benefits, processes, and procedures already afforded to members of the department under existing law.
(h)
For purposes of this section, all of the following shall apply:
(1)
A “communication” means any communication or report in which a member of the department complains of, or discloses information that the member of the department reasonably believes constitutes evidence of, any of the following:
(A)
A violation of law, including, but not limited to, regulations, the Uniform Code of Military Justice, and any law prohibiting sexual harassment or unlawful discrimination.
(B)
Gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specified danger to the public health or safety.
(2)
“Department” means the Military Department.
(3)
“Inspector general” means the California Military Department Inspector General.
(4)
“Member of the department” has the same meaning as defined in Section 55.
(5)
“Office” means the Office of the California Military Department Inspector General.

Legislative History

Amended by Stats. 2021, Ch. 615, Sec. 329. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.