The Legislative Employee Whistleblower Protection Act

Article 11 deals with the Legislative Employee Whistleblower Protection Act. Section 9149.30 provides that Article 11 may be cited as this Act. Section 9149.31 declares legislative intent that, in addition to existing retaliation protections under existing law, it is necessary to establish a specific process for legislative employees who report legal and ethical violations, so that they may do so without fear of retribution.

Section 9149.32 defines the following terms: “interfere,” “legislative employee,” “protected disclosure,” “retaliate,” and “use of official authority or influence.”

Section 9149.33 prohibits a Member of the Legislature or legislative employee from directly or indirectly using or attempting to use that individual’s official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure. An individual who violates this section is subject to a fine not to exceed $10,000 as well as imprisonment in a county jail for a period not to exceed one year.

Section 9149.34 provides that an individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed $10,000 as well as imprisonment in a county jail for a period not to exceed one year.

Section 9149.35 specifies that an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee. The burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure.

Section 9149.36 provides that Article 11 does not limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law.