2005 California Government Code Sections 19680-19683.5 Article 1. General

GOVERNMENT CODE
SECTION 19680-19683.5

19680.  It is unlawful for any person:
   (a) Wilfully by himself or in cooperation with another person to
defeat, deceive, or obstruct any person with respect to his right of
examination, application, or employment under this part or board
rule.
   (b) Wilfully and falsely to mark, grade, estimate, or report upon
the examination or proper standing of any person examined or
certified under this part or board rule, or to aid in so doing, or
make any false representation concerning the same or the person
examined.
   (c) Wilfully to furnish to any person any special or secret
information for the purpose of either improving or injuring the
prospects or chances of any person examined, certified or to be
examined or certified under this part or board rule.
19681.  It is unlawful for any person:
   (a) To practice any deception or fraud with regard to his identity
in connection with any examination, application, or request to be
examined.
   (b) To obtain examination questions or other examination material
except by specific authorization either before, during, or after an
examination or use or purport to use any such examination questions
or materials for the purpose of instructing or coaching or preparing
candidates for examinations.
   (c) To use any unfair means to cause or attempt to cause any
eligible to waive any rights obtained under this part.
19682.  Every person who violates any provision of this chapter is
guilty of a misdemeanor.  In accordance with Section 19683, action
may be taken by the appointing power, or the executive officer of the
board may file charges, against a state employee who violates any
provisions of this chapter.
19683.  (a) The State Personnel Board shall initiate a hearing or
investigation of a written complaint of reprisal or retaliation as
prohibited by Section 8547.3 within 10 working days of its
submission.  The executive officer shall complete findings of the
hearing or investigation within 60 working days thereafter, and shall
provide a copy of the findings to the complaining state employee or
applicant for state employment and to the appropriate supervisor,
manager, employee, or appointing authority.  When the allegations
contained in a complaint of reprisal or retaliation are the same as,
or similar to, those contained in another appeal, the executive
officer may consolidate the appeals into the most appropriate format.
  In these cases, the time limits described in this subdivision shall
not apply.
   (b) If the executive officer finds that the supervisor, manager,
employee, or appointing power retaliated against the complainant for
engaging in protected whistleblower activities, the supervisor,
manager, employee, or appointing power may request a hearing before
the State Personnel Board regarding the findings of the executive
officer.  The request for hearing and any subsequent determination by
the board shall be made in accordance with the board's normal rules
governing appeals, hearings, investigations, and disciplinary
proceedings.
   (c) If, after the hearing, the State Personnel Board determines
that a violation of Section 8547.3 occurred, or if no hearing is
requested and the findings of the executive officer conclude that
improper activity has occurred, the board may order any appropriate
relief, including, but not limited to, reinstatement, backpay,
restoration of lost service credit, if appropriate, compensatory
damages, and the expungement of any adverse records of the state
employee or applicant for state employment who was the subject of the
alleged acts of misconduct prohibited by Section 8547.3.
   (d) Whenever the board determines that a manager, supervisor, or
employee, who is named a party to the retaliation complaint, has
violated Section 8547.3 and that violation constitutes legal cause
for discipline under one or more subdivisions of Section 19572, it
shall impose a just and proper penalty and cause an entry to that
effect to be made in the manager's, supervisor's, or employee's
official personnel records.
   (e) Whenever the board determines that a manager, supervisor, or
employee, who is not named a party to the retaliation complaint, may
have engaged in or participated in any act prohibited by Section
8547.3, the board shall notify the manager's, supervisor's, or
employee's appointing power of that fact in writing.  Within 60 days
after receiving the notification, the appointing power shall either
serve a notice of adverse action on the manager, supervisor, or
employee, or set forth in writing its reasons for not taking adverse
action against the manager, supervisor, or employee.  The appointing
power shall file a copy of the notice of adverse action with the
board in accordance with Section 19574.  If the appointing power
declines to take adverse action against the manager, supervisor, or
employee, it shall submit its written reasons for not doing so to the
board, which may take adverse action against the manager,
supervisor, or employee as provided in Section 19583.5.  A manager,
supervisor, or employee who is served with a notice of adverse action
pursuant to this section may file an appeal with the board in
accordance with Section 19575.
   (f) In order for the Governor and the Legislature to determine the
need to continue or modify state personnel procedures as they relate
to the investigations of reprisals or retaliation for the disclosure
of information by public employees, the State Personnel Board, by
June 30 of each year, shall submit a report to the Governor and the
Legislature regarding complaints filed, hearings held, and legal
actions taken pursuant to this section.
19683.1.  The State Personnel Board shall assist the State Auditor
in preparing the written explanation required by Section 8548.1 by
providing the State Auditor with a written explanation of the board's
role in investigating a claim that a state employee has been subject
to retaliation as a result of reporting improper governmental
activity.
19683.5.  If a state employee is successful in an action brought
pursuant to Section 19683, the complaining employee shall be
reimbursed for all costs incurred pursuant to Section 995.3.


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