9149.20. This article shall be known and may be cited as the
Whistleblower Protection Act.
9149.21. It is the intent of the Legislature that state employees
and other persons should disclose, to the extent not expressly
prohibited by law, improper governmental activities.
9149.22. For the purposes of this article, the following words have
the following meanings:
(a) "Committee" means any investigating committee of the
Legislature.
(b) "Employee" means any individual appointed by the Governor or
employed or holding office in a state agency, as defined by Section
11000, including the California State University and the University
of California, or any public entity as defined by Section 7260, or
any agency of local government, as defined in subdivision (d) of
Section 8 of Article XIII B of the California Constitution.
(c) "Improper governmental activity" means any activity by a
governmental agency or by an employee that is undertaken in the
performance of the employee's official duties, whether or not that
action is within the scope of his or her employment, and that (1) is
in violation of any state or federal law or regulation, including,
but not limited to, corruption, malfeasance, bribery, theft of
government property, fraudulent claims, fraud, coercion, conversion,
malicious prosecution, misuse of government property, or willful
omission to perform duty, or (2) is economically wasteful, or
involves gross misconduct, incompetency, or inefficiency.
(d) "Person" means any individual, corporation, trust,
association, any state or local government, or any agency or
instrumentality of any of the foregoing.
(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, but not limited to, appointment, promotion, transfer,
assignment, performance evaluation, suspension, or other disciplinary
action.
9149.23. (a) An employee may not directly or indirectly use or
attempt to use the official authority or influence of the employee
for the purpose of intimidating, threatening, coercing, commanding,
or attempting to intimidate, threaten, coerce, or command any person
for the purpose of interfering with the right of that person to
disclose to a legislative committee improper governmental activities.
(b) Any employee who violates subdivision (a) may be liable in an
action for civil damages brought against the employee by the offended
party.
(c) Nothing in this section shall be construed to authorize an
individual to disclose information otherwise prohibited by or under
law.
(d) Nothing in this section shall be construed to abrogate or
limit any other theory of liability or any other remedy that is
otherwise available at law.
9149.20. This article shall be known and may be cited as the
Whistleblower Protection Act.
9149.21. It is the intent of the Legislature that state employees
and other persons should disclose, to the extent not expressly
prohibited by law, improper governmental activities.
9149.22. For the purposes of this article, the following words have
the following meanings:
(a) "Committee" means any investigating committee of the
Legislature.
(b) "Employee" means any individual appointed by the Governor or
employed or holding office in a state agency, as defined by Section
11000, including the California State University and the University
of California, or any public entity as defined by Section 7260, or
any agency of local government, as defined in subdivision (d) of
Section 8 of Article XIII B of the California Constitution.
(c) "Improper governmental activity" means any activity by a
governmental agency or by an employee that is undertaken in the
performance of the employee's official duties, whether or not that
action is within the scope of his or her employment, and that (1) is
in violation of any state or federal law or regulation, including,
but not limited to, corruption, malfeasance, bribery, theft of
government property, fraudulent claims, fraud, coercion, conversion,
malicious prosecution, misuse of government property, or willful
omission to perform duty, or (2) is economically wasteful, or
involves gross misconduct, incompetency, or inefficiency.
(d) "Person" means any individual, corporation, trust,
association, any state or local government, or any agency or
instrumentality of any of the foregoing.
(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, but not limited to, appointment, promotion, transfer,
assignment, performance evaluation, suspension, or other disciplinary
action.
9149.23. (a) An employee may not directly or indirectly use or
attempt to use the official authority or influence of the employee
for the purpose of intimidating, threatening, coercing, commanding,
or attempting to intimidate, threaten, coerce, or command any person
for the purpose of interfering with the right of that person to
disclose to a legislative committee improper governmental activities.
(b) Any employee who violates subdivision (a) may be liable in an
action for civil damages brought against the employee by the offended
party.
(c) Nothing in this section shall be construed to authorize an
individual to disclose information otherwise prohibited by or under
law.
(d) Nothing in this section shall be construed to abrogate or
limit any other theory of liability or any other remedy that is
otherwise available at law.
9149.20. This article shall be known and may be cited as the
Whistleblower Protection Act.
9149.21. It is the intent of the Legislature that state employees
and other persons should disclose, to the extent not expressly
prohibited by law, improper governmental activities.
9149.22. For the purposes of this article, the following words have
the following meanings:
(a) "Committee" means any investigating committee of the
Legislature.
(b) "Employee" means any individual appointed by the Governor or
employed or holding office in a state agency, as defined by Section
11000, including the California State University and the University
of California, or any public entity as defined by Section 7260, or
any agency of local government, as defined in subdivision (d) of
Section 8 of Article XIII B of the California Constitution.
(c) "Improper governmental activity" means any activity by a
governmental agency or by an employee that is undertaken in the
performance of the employee's official duties, whether or not that
action is within the scope of his or her employment, and that (1) is
in violation of any state or federal law or regulation, including,
but not limited to, corruption, malfeasance, bribery, theft of
government property, fraudulent claims, fraud, coercion, conversion,
malicious prosecution, misuse of government property, or willful
omission to perform duty, or (2) is economically wasteful, or
involves gross misconduct, incompetency, or inefficiency.
(d) "Person" means any individual, corporation, trust,
association, any state or local government, or any agency or
instrumentality of any of the foregoing.
(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, but not limited to, appointment, promotion, transfer,
assignment, performance evaluation, suspension, or other disciplinary
action.
9149.23. (a) An employee may not directly or indirectly use or
attempt to use the official authority or influence of the employee
for the purpose of intimidating, threatening, coercing, commanding,
or attempting to intimidate, threaten, coerce, or command any person
for the purpose of interfering with the right of that person to
disclose to a legislative committee improper governmental activities.
(b) Any employee who violates subdivision (a) may be liable in an
action for civil damages brought against the employee by the offended
party.
(c) Nothing in this section shall be construed to authorize an
individual to disclose information otherwise prohibited by or under
law.
(d) Nothing in this section shall be construed to abrogate or
limit any other theory of liability or any other remedy that is
otherwise available at law.
