Section 53298 Of Article 4.5. Disclosure Of Information: Local Government From California Government Code >> Division 2. >> Title 5. >> Part 1. >> Chapter 2. >> Article 4.5.
53298
. (a) No local agency officer, manager, or supervisor shall
take a reprisal action against any employee or applicant for
employment who files a complaint pursuant to Section 53297.
(b) This article is not intended to prevent a local agency from
taking, directing others to take, recommending, or approving any
personnel action with respect to any employee or applicant for
employment if the local agency reasonably believes that the action or
inaction is justified on the basis of separate evidence which shows
any of the following:
(1) The employee's complaint has disclosed information that he or
she knows to be false or has disclosed information without regard for
the truth or falsity thereof.
(2) The employee's complaint has disclosed information from
records which are closed to public inspection pursuant to law.
(3) The employee's complaint has disclosed information which is
confidential under any other provision of law.
(4) The employee was the subject of an ongoing or existing
disciplinary action prior to the disclosure of information with the
local agency.
(5) The employee has violated any other provision of the local
personnel rules and regulations, has failed to perform assigned
duties, or has committed any other act unrelated to the disclosure
that would otherwise be subject to personnel action.
(c) It is not a violation of this article for an officer, manager,
or supervisor to take disciplinary action against an employee if
that officer, manager, or supervisor had no prior knowledge that a
complaint had been filed by that employee.