For purposes of this article, “state agency” means every state office, officer, department, division, bureau, board, and commission, including the California State University, the University of California, the Supreme Court, the Court of Appeal, the superior courts, and the Administrative Office of the Courts.
California State AuditorWhistleblower Information
Section § 8548
This law defines what a 'state agency' is in California. It includes every state office along with universities, courts, and administrative offices. This broad definition covers a wide range of state-related entities.
state agency definition California State University University of California
Section § 8548.1
By April 1, 2002, the State Auditor was required to create a document for state employees explaining the California Whistleblower Protection Act. This document should cover several key points: how to contact the State Auditor, a general understanding and examples of improper governmental activities that can be reported, and examples of activities that cannot be investigated by the Auditor. It also needs to explain the protections available to whistleblowers, assure the confidentiality of those reporting issues, and outline the Auditor's authority if legal violations are found during investigations.
No later than April 1, 2002, the State Auditor shall prepare for state employees a written explanation of the California Whistleblower Protection Act contained in Article 3 (commencing with Section 8547). The explanation shall include, but not be limited to, the following information:
(a)CA Government Code § 8548.1(a) Instructions on how to contact the State Auditor by mail or telephone.
(b)CA Government Code § 8548.1(b) A general overview of improper governmental activities and examples of three of the most common types of improper governmental activities that may be reported to the State Auditor.
(c)CA Government Code § 8548.1(c) Examples of two of the most commonly reported governmental activities that the State Auditor does not have authority to investigate.
(d)CA Government Code § 8548.1(d) An explanation of whistleblower protection available to state employees who report improper governmental activities to the State Auditor.
(e)CA Government Code § 8548.1(e) The requirement that the State Auditor protect the anonymity of a person who reports improper governmental activity to the State Auditor.
(f)CA Government Code § 8548.1(f) The State Auditor’s authority in connection with violations of law discovered during an investigation of improper governmental activities.
California Whistleblower Protection Act State Auditor improper governmental activities
Section § 8548.2
The State Auditor must send a notice to each state agency in an electronic format. The notice contains information from a previously prepared explanation. By July 1, 2002, agencies must post this notice in locations where employees see important information. Agencies can't change the notice's text but can present it in their own style, as long as its meaning stays the same. If a state agency promotes a whistleblower complaint program, it must also inform people about how to file complaints with the State Auditor under the Whistleblower Protection Act.
The State Auditor shall prepare for distribution to each state agency in an electronic format a notice containing the information in the written explanation prepared pursuant to Section 8548.1. No later than July 1, 2002, each state agency shall print and post this notice at its state office or offices in a location or locations where employee notices are maintained. A state agency shall not edit the written text of the notice but it may publish the notice in a manner it chooses, and it may include its own introductory language in the notice, provided that the language and the format selected do not alter the meaning of the notice. In addition, whenever a state agency posts or advertises the opportunity to submit whistleblower complaints through a program administered
by the agency, it shall also disclose the opportunity to submit complaints to the State Auditor under the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).
State Auditor electronic notice state agency
Section § 8548.3
Starting from July 1, 2002, and every year after that, all state agencies in California must email the information in the notice to their employees, but only if those employees have access to email provided by the agency.
On July 1, 2002, and annually thereafter, every state agency shall send the information contained in the notice by electronic mail to its employees who have authorized access to electronic mail from the agency.
state agency communication annual email requirement employee email access
Section § 8548.4
This law requires the California State Auditor to make information from Section 8548.1 available online on their official website.
The California State Auditor shall post the information described in Section 8548.1 on the Internet Web site of the California State Auditor’s Office.
California State Auditor internet website official website
Section § 8548.5
If a state agency deliberately ignores any rules in this article, it's considered improper conduct by the government.
The intentional failure of a state agency to comply with any provision of this article shall constitute an improper governmental activity for purposes of Article 3 (commencing with Section 8547).
intentional noncompliance state agency conduct improper governmental activity
