CDCAN Advocacy Without Borders :: One Community

SUMMARY Requires regional centers (RCs) to disclose information on "related-persons transactions" and establishes whistleblower protections for RC employees who report improper RC activities. Specifically, this bill : Related-persons transactions

1. Requires each RC, within 30 days after the last day of each fiscal quarter, to post quarterly disclosures on its Internet Web Site containing specified information regarding each "related-person transaction" during the quarter.
2. Defines a related person as:
   1. An RC director, officer, or nominee for director; or,
   2. An immediate family member, as defined, of a director, officer, or nominee for director.
3. Defines an immediate family member of a director, officer, or nominee for director as including: a child, stepchild, parent, stepparent, spouse, sibling, mother-in-law, father-in-law, daughter-in-law, brother-in-law, sister-in-law, and any other person, other than a tenant or employee, sharing the household of the director, officer, or director nominee.
4. Defines a related-person transaction as a transaction in which the RC was or is to be a participant and in which a related person had or will have a direct or indirect material interest.
5. Requires the Department of Developmental Services (DDS) to post a link to each RC's disclosure information on the DDS Web Site.
6. Requires that the disclosure information be kept on the regional center's Web Site for 12 months, that the RC maintain a log of the disclosures for 3 years after the RC contract has terminated, and that the information be made available upon request to members of the public.
7. Provides that RCs shall implement these provisions using existing resources.
8. Establishes the Regional Center Whistleblower Protection Act (RCWPA), which prohibits RC employees, as defined, from directly or indirectly using or attempting to use their official authority or influence to intimidate, threaten, coerce, command, or attempt to influence any person from disclosing "improper regional center activity," as defined.
9. Defines terms for purposes of the RCWPA, including the following:
   1. "Employee" includes individuals employed with, holding office in, or serving as a governing board member of an RC.
   2. "Improper regional center activity" means an action by an RC or employee undertaken in performance of the employee's official duties, whether or not within the scope of his or her employment, and that: violates a state or federal law or regulation; is economically wasteful; or involves gross misconduct, incompetency, or inefficiency.
   3. "Protected disclosure" is a good faith communication that discloses or is intended to disclose to DDS or the Legislature information evincing an improper RC activity, or a condition that may significantly threaten the health or safety of employees or the public if the disclosure or intent to disclose was made in order to remedy the condition.
10. Establishes liability for civil damages for violation of the disclosure protections of the RCWPA in an action brought by the offended party.
11. Requires DDS to administer the provisions of the RCWPA, and to investigate and report on improper RC actions.
12. Prohibits DDS from disclosing the identity of the person providing information resulting in an investigation without written consent unless disclosure is to a law enforcement agency conducting a criminal investigation.
13. Requires DDS, if it determines that there is reasonable cause to believe that improper RC activity has occurred, to report the nature and details of the activity to the RC director, and, if it determines that improper RC activity has occurred, to send a copy of its investigative report to the RC.
14. Requires the RC, within 30 days of receiving a copy of the investigative report, to either serve a notice of personnel action on the offending employee or employees, or to submit to DDS in writing its reasons for not taking such action.
15. Requires the RC, within 30 days of receiving the report, to submit a corrective action plan to DDS, if the DDS investigative report identifies a policy or procedure, rather than an individual employee, as being responsible for improper RC activities.
16. Requires DDS to report the results of an investigation to the policy committees of the Senate and Assembly having jurisdiction over RCs, to the Assembly Committee on Accountability and Administrative Review, and, as DDS determines to be appropriate, to any other committee or authority.
17. Requires DDS to report the results of an investigation to the Attorney General if DDS reasonably believes the investigative report may involve criminal actions.
18. Authorizes DDS to request assistance from a state agency, department, or employee in conducting an investigative audit required by the RCWPA and limits disclosure of any information received as a result of such a request.
19. Requires the director of an RC receiving a report of alleged improper RC activity to report to DDS--within 30 days of the DDS report and monthly thereafter until final action has been taken--with respect to any action taken by the individual regarding the activity.
20. Requires that investigations be kept confidential, except that DDS must issue a report of substantiated allegations, subject to the following:
    1. The identity of the individual or individuals providing information and the identity of any consumers involved is required to be kept confidential;
    2. The findings resulting from an investigation are required to be released when deemed necessary to serve the interests of the state; and,
    3. Information provided to DDS, or by DDS, pursuant to the RCWPA is exempt from the confidentiality requirements of sections 4514 (Lanterman Developmental Disabilities Services Act) and 5328 (Lanterman Petris Short Act) of the Welfare and Institutions code.
21. Provides that the RCWPA does not limit the investigative authority of the Attorney General or any government agency or department, and does not prevent a RC from taking personnel action based on evidence separate and apart from the fact that the person has made a protected disclosure.
22. Authorizes a RC employee who files a complaint with his or her supervisor, manager or RC alleging actual or attempted reprisal, retaliation, threats, coercion, or similar actions prohibited by the RCWPA, to file with DDS, within 12 months of the most recent reprisal complained about, a copy of the complaint along with a statement, signed under penalty of perjury, that the contents of the complaint are true or believed to be true.
23. Establishes penalties for intentional acts of reprisal, retaliation, threats, coercion or similar acts against an employee in the form of a fine not to exceed $10,000, and imprisonment in county jail for up to one year.
24. Establishes civil liability for intentional acts of reprisal, retaliation, threats, coercion, or similar acts in violation of the RCWPA, and authorizes recovery of punitive damages for malicious conduct, and for reasonable attorney's fees. Conditions an action for damages on the prior filing of a complaint with DDS and DDS's issuance, or failure to issue, findings.
25. Establishes the burden of proof in civil actions or administrative proceedings concerning retaliation claims under the RCWPA.
26. Requires DDS, by April 1, 2010, to prepare for employees a written explanation of the retaliation protections of this bill, including specified information; requires DDS to distribute a notice containing the information to each RC in electronic format; requires each RC, by July 1, 2010, to print and post the notice at its offices; and requires the RC, annually, to send the information in the notice by electronic mail to its employees, beginning July 1, 2010.

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ab_1589_bill_20100105_amended_asm_v98.pdf	174.88 KB

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