BILL NUMBER: AB 2001	CHAPTERED
	BILL TEXT

	CHAPTER  325
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2008
	PASSED THE SENATE  AUGUST 5, 2008
	PASSED THE ASSEMBLY  AUGUST 7, 2008
	AMENDED IN SENATE  JULY 10, 2008
	AMENDED IN SENATE  JUNE 19, 2008
	AMENDED IN SENATE  JUNE 12, 2008
	AMENDED IN ASSEMBLY  APRIL 28, 2008

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 15, 2008

   An act to add Section 53087.6 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2001, Swanson. Local government: whistleblower hotlines.
   Existing law requires the State Auditor to maintain a
whistleblower hotline to receive calls from persons who have
information regarding possible violations of state or federal
statutes, rules, or regulations, or violations of fiduciary
responsibility by a corporation or limited liability company to its
shareholders, investors, or employees.
   This bill would authorize a city, county, or city and county
auditor or controller to maintain a whistleblower hotline to receive
calls from persons who have information regarding possible violations
by local government employees of state, federal, or local statutes,
rules, or regulations.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53087.6 is added to the Government Code, to
read:
   53087.6.  (a) (1) A city, county, or city and county auditor or
controller who is elected to office may maintain a whistleblower
hotline to receive calls from persons who have information regarding
possible violations by local government employees of state, federal,
or local statutes, rules, or regulations.
    (2) A city, county, or city and county auditor or controller who
is appointed by, or is an employee of, a legislative body or the
government agency that is governed by the city, county, or city and
county, shall obtain approval of that legislative body or the
government agency, as the case may be, prior to establishing the
whistleblower hotline.
   (b) The auditor or controller may refer calls received on the
whistleblower hotline to the appropriate government authority for
review and possible investigation.
   (c) During the initial review of a call received pursuant to
subdivision (a), the auditor or controller, or other appropriate
governmental agency, shall hold in confidence information disclosed
through the whistleblower hotline, including the identity of the
caller disclosing the information and the parties identified by the
caller.
   (d) A call made to the whistleblower hotline pursuant to
subdivision (a), or its referral to an appropriate agency under
subdivision (b) may not be the sole basis for a time period under a
statute of limitation to commence. This section does not change
existing law relating to statutes of limitation.
   (e) (1) Upon receiving specific information that an employee or
local government has engaged in an improper activity, a city or
county auditor or controller may conduct an investigative audit of
the matter. The identity of the person providing the information that
initiated the investigative audit shall not be disclosed without the
written permission of that person, unless the disclosure is to a law
enforcement agency that is conducting a criminal investigation. If
the specific information is in regard to improper government activity
that occurred under the jurisdiction of another city, county, or
city and county, the information shall be forwarded to the
appropriate auditor or controller for that city, county, or city and
county.
   (2) Any investigative audit conducted pursuant to this subdivision
shall be kept confidential, except to issue any report of an
investigation that has been substantiated, or to release any findings
resulting from a conducted investigation that is deemed necessary to
serve the interests of the public. In any event, the identity of the
individual or individuals involved shall be kept confidential.
   (f) For purposes of this section, "employee" means any individual
employed by any county, city, or city and county, including any
charter city or county, and any school district, community college
district, municipal or public corporation, or political subdivision
that falls under the auditor's or controller's jurisdiction.
  SEC. 2.  In adding Section 53807.6 to the Government Code, the
Legislature finds and declares that local government whistleblower
hotlines are an issue of statewide concern and not a municipal affair
as that term is used in Section 5 of Article XI of the California
Constitution. Accordingly, it is the intent of the Legislature that
Section 53087.6 of the Government Code applies to every city, county,
and city and county in this state, including charter cities, charter
counties, and charter city and counties.