6129
. (a) (1) For purposes of this section, "employee" means any
person employed by the Department of Corrections and Rehabilitation.
(2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done any
of the following:
(A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
(B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
(C) Has refused to obey an illegal order or directive.
(b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management at the Department of Corrections and
Rehabilitation, the Inspector General shall commence an inquiry into
the complaint and conduct a formal investigation where a legally
cognizable cause of action is presented. All investigations conducted
pursuant to this section shall be performed in accordance with
Sections 6126.5 and 6127.3. The Inspector General may refer all other
matters for investigation by the appropriate employing entity,
subject to oversight by the Inspector General. In a case in which the
employing entity declines to investigate the complaint, it shall,
within 30 days of receipt of the referral by the Inspector General,
notify the Inspector General of its decision. The Inspector General
shall thereafter, conduct his or her own inquiry into the complaint.
If, after reviewing the complaint, the Inspector General determines
that a legally cognizable cause of action has not been presented by
the complaint, the Inspector General shall thereafter notify the
complaining employee and the State Personnel Board that a formal
investigation is not warranted.
(2) When investigating a complaint, in determining whether
retaliation has occurred, the Inspector General or the employing
entity shall consider, among other things, whether any of the
following either actually occurred or were threatened:
(A) Unwarranted or unjustified staff changes.
(B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
(C) Unwarranted or unjustified formal or informal investigations.
(D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
(E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
(3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's or the employing entity's
investigation, or until the complaint is rejected or otherwise
dismissed by the Inspector General or the employing entity. An
employee, however, may not be required to first file a retaliation
complaint with the Inspector General prior to filing a complaint with
the State Personnel Board.
(A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
report to the State Personnel Board, or until the complaint is
rejected or otherwise dismissed by the Inspector General or the
employing entity.
(B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
(c) (1) In a case in which the Inspector General determines, as a
result of his or her own investigation, that an employee has been
subjected to acts of reprisal, retaliation, threats, or similar acts
in violation of this section, the Inspector General shall provide a
copy of the report, together with all other underlying materials the
Inspector General determines to be relevant, to the appropriate
director or chair who shall take appropriate corrective action. In a
case in which the Inspector General determines, based on an
independent review of the investigation conducted by the employing
entity, that an employee has been subjected to acts of reprisal,
retaliation, threats, or similar acts in violation of this section,
the Inspector General shall submit a written recommendation to the
appropriate director or chair who shall take appropriate corrective
action. If the hiring authority initiates disciplinary action as
defined in Section 19570 of the Government Code, it shall provide the
subject with all materials required by law.
(2) Any employee at any rank and file, supervisory, or managerial
level, who intentionally engages in acts of reprisal, retaliation,
threats, coercion, or similar acts against another employee, pursuant
to paragraph (2) of subdivision (a), shall be disciplined by the
employing entity by adverse action as provided in Section 19572 of
the Government Code. The disciplinary action shall require, at a
minimum, a suspension for not less than 30 days without pay, except
in a case in which the employing entity determines that a lesser
penalty is warranted. In that case, the employing entity shall,
within 30 days of receipt of the report, provide written
justification for that decision to the Inspector General. The
employing entity shall also, within 30 days of receipt of the written
report, notify the Inspector General in writing as to what steps, if
any, it has taken to remedy the retaliatory conduct found to have
been committed by any of its employees.
(d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the report from the Inspector General,
and shall notify the Inspector General of the specific reasons why
the director or chair declined to invoke adverse action proceedings
against the employee.
(2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the report, together with all other underlying materials the
Inspector General deems to be relevant, to the State Personnel Board
so that the complaining employee can request leave to file charges
against the employee found to have engaged in acts of reprisal,
retaliation, threats, or similar acts, in accordance with the
provisions of Section 19583.5 of the Government Code. If the State
Personnel Board accepts the complaint, the board shall provide the
charged and complaining parties with a copy of all relevant
materials.
(3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
(e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.