Improper governmental activities: investigations: confidentiality.

(1) The California Whistleblower Protection Act establishes procedures under which a state employee may report improper governmental activities or make a protected disclosure to the State Auditor and prohibits retaliation or reprisal against a state employee for these acts. The act requires the State Auditor to investigate and report on improper governmental activities, as defined. The act requires the State Auditor to keep confidential every investigation, except that the State Auditor may release any findings or evidence supporting any findings resulting from an investigation and issue a public report of an investigation that has substantiated an improper governmental activity. The act requires the report to keep confidential the identity of the employee or employees involved. This bill would instead require the State Auditor to release any findings resulting from an investigation conducted pursuant to this act that have been substantiated, information regarding any action taken by any agency or authority to which the results of the investigation have been reported, and any reports on corrective action from the involved agency, as specified. The bill would require the name and title of the person found responsible for improper governmental activity and any discipline imposed by the involved agency or other authority, as specified, to be disclosed. (2) Existing law authorizes a city, county, or city and county auditor or controller to maintain a whistleblower hotline to receive calls from persons who have information regarding fraud, waste, or abuse by local government employees. Existing law requires any investigation conducted pursuant to this authorization to be kept confidential, except to issue any report of an investigation that has been substantiated or release any findings resulting from a completed investigation, as specified. This bill would instead require any investigative audit to be kept confidential, except to release any findings resulting from an investigative audit conducted pursuant to this authorization that have been substantiated and any corrective actions recommended to prevent the continuation or recurrence of the activity, as specified. The bill would require the name and title of the person found responsible for improper governmental activity, any discipline or any other penalty imposed by the employer agency or other authority, and any corrective action taken to prevent the continuation or recurrence of the activity, as specified, to be disclosed. (3) The California State University Investigation of Reported Improper Governmental Activities Act establishes a procedure for the investigation of written complaints submitted to a designated administrator of the California State University by employees of, or applicants for employment at, the university. The act requires every investigative audit conducted pursuant to it to be kept confidential, except that the California State University may release any findings resulting from the investigation, as specified, and issue a report of an investigation that has substantiated an allegation made by the complainant. The act requires the report to keep confidential the identity of the individual or individuals involved. This bill would instead require the California State University to release any findings resulting from an investigative audit conducted pursuant to this act that have been substantiated and any corrective actions recommended, as specified. The bill would require the name and title of the person found responsible for improper governmental activity and any discipline imposed by the university or other agency, as specified, to be disclosed. (4) The California Constitution requires that a statute, court rule, or other authority adopted after November 4, 2004, that limits the public's right of access be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. The bill would, with respect to this constitutional provision, express findings and declarations of the Legislature regarding the individual privacy interests that are protected under the bill.