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Cal. Educ. Code § 44113

Reporting by School Employees of Improper Governmental Activities

Known as the Reporting by School Employees of Improper Governmental Activities Act

The act spans §§ 44110–44114 (5 sections).

Applied in 2 court decisions — leading case 223 Cal. App. 4th 169 - Thornbrough v. Western Placer Unified School District (2013)

Most recently applied in 243 Cal. App. 4th 212 - Caldecott v. Superior Court (December 2015)

Added by Stats. 2000, Ch. 531, Sec. 1

(a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to an official agent matters within the scope of this article.

(b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer or conferring any benefit; affecting or threatening to affect any reprisal; or taking, directing others to take, recommending, processing, or approving any personnel action, including, but not limited to appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.

(c) For the purpose of subdivision (a), “official agent” includes a school administrator, member of the governing board of a school district or county board of education, county superintendent of schools, or the Superintendent of Public Instruction.

(d) An employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party.

(e) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.