Copyright© 2000 by School Services of California, Inc.

October 27, 2000

"Whistleblower" Protection for
Community College Employees

Governor Davis recently signed legislation that would enact the "Reporting by Community College Employees of Improper Governmental Activities Act." Assembly Bill 2472 (Romero, D-Los Angeles) would provide protections to public K-14 school employees who report improper governmental activities. Existing law established the California Whistleblower Protection Act, which provided protection to state employees who report improper governmental activities. Assembly Bill 2472 provides the same protections for public school employees.

Assembly Bill 2472 would provide the following protections to school employees:

• A public school employee may file a written complaint with the local law enforcement agency, as appropriate, alleging acts or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts.
  
• Any person who engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public school employee for having made a protected disclosure is subject to a fine not to exceed $10,000 and imprisonment in the county jail for up to one year.
  
• Any person intentionally engaging in acts of reprisal, retaliation, threats, coercion, or similar acts against a public school employee for having made a protected disclosure may be liable in an action for damages and reasonable attorney fees.
  
• This measure is not intended to prevent a public school employer from taking a personnel action that the employer believes is justified on the basis or evidence separate and apart from the fact that the employee made a protected disclosure.
  
• If the employee can show that retaliation for whistleblowing was a contributing factor in an employer retaliating against the employee, the burden of proof is imposed upon the school employer to prove by clear and convincing evidence that the action would have been brought for legitimate reasons, even if the employee had not engaged in protected disclosures or refused an illegal order.
  
• If an employer fails to meet this burden of proof, the public school employee shall have a complete affirmative defense in the adverse action.

This measure was approved by the Legislature without a dissenting vote, all 40 members of the Senate voted for the bill.

--Arnold Bray