Frequently Asked Questions About Making A Protected Disclosure

What is a “protected disclosure?”
What is an “improper governmental activity?”
What is a “whistleblower?”
Who can be a whistleblower?
Where can I make a protected disclosure?
How do I choose where to make a protected disclosure?
Will my disclosure be held in confidence?
May I make an anonymous disclosure?
What are the required elements of a disclosure?
Does my disclosure have to be in writing?
What is the deadline for making a disclosure?
What happens after I make a disclosure?
Who will investigate my disclosure?
Why might my disclosure not be considered protected?
How can I help the investigation?
How long will the investigation take?
Who determines if my disclosure is protected?
Will I be informed of the outcome?
Can I discuss this matter with friends and colleagues?
Where can I go with questions?

1. What is a “protected disclosure?”

CSU Executive Order 929, which sets forth procedures CSU employees or applicants for employment in the CSU may use to make a protected disclosure, defines a “protected disclosure” as “any good faith communication that discloses information that may evidence (1) an improper governmental activity or (2) any condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition.” California Government Code Section 8547.2(d) includes in its definition any good faith communication that “demonstrates an intention to disclose” an improper governmental activity or a significant health or safety condition.

2. What is an “improper governmental activity?”

CSU Executive Order 929 defines an “improper governmental activity” as “any activity by a CSU department or employee that is undertaken in the performance of the employee's official duties, whether or not that action is within the scope of his or her employment, and that (1) is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, or (2) is economically wasteful, or involves gross misconduct, incompetence, or inefficiency. This definition mirrors the definition found in California Government Code Section 8547.2(b).

3. What is a “whistleblower?”

A “whistleblower” is someone who makes a disclosure deemed to be “protected.”

4. Who can be a whistleblower?

The procedures set forth in CSU Executive Order 929 to make a disclosure are available only to CSU employees or applicants for employment in the CSU who have completed the application process for a specific, available position. Any member of the general public may make a disclosure to the Bureau of State Audits.

5. Where can I make a protected disclosure?

You may make a disclosure to the: (1) CSU’s Vice Chancellor of Human Resources, Jackie McClain, (2) the University’s Director of University Risk Management by telephone at (657) 278-4937 or by e-mail John Beisner jbeisner@fullerton.edu, or (3) Bureau of State Audits by telephone at 1-800-952-5665 or by mail at Investigations, Bureau of State Audits, 555 Capitol Mall, Suite 300, Sacramento, CA 95814

6. How do I choose where to make a protected disclosure?

You should report your disclosure to the office with whom you feel most comfortable. If you would like to make a disclosure without initially notifying anyone in the CSU, you must contact the Bureau of State Audits.

7. Will my disclosure be held in confidence?

If you make a disclosure either to the Vice Chancellor of Human Resources or to the Director of University Risk Management under EO 929, care will be taken to keep your identity confidential in so far as is feasible and consistent with the law. The Bureau of State Audits may not disclose your identity without your written permission unless the disclosure is to a law enforcement agency conducting a criminal investigation.

8. May I make an anonymous disclosure?

Because EO 929 does not permit anonymous disclosures, you should contact the Bureau of State Audits if you wish to remain anonymous.

9. What are the required elements of a disclosure?

Under EO 929, the disclosure must contain:

Your name and address, and position title or the position applied for.
A detailed description of the specific actions that constituted the alleged improper governmental activity or condition that may significantly threaten the health or safety of employees or the public.
The date(s) the alleged improper activities occurred or the condition developed.
Names of any potential witnesses.
Documentation, if available, to support the allegations of improper activities or threatening conditions.
Descriptions of documents that may support the allegations.
Your signature, the date you signed disclosure, and your sworn statement under penalty of perjury that the disclosure is true or believed to be true.

Any employee or applicant considering making a disclosure under EO 929 should review Section III of the Executive Order.

The requirements for filing a disclosure (called a “complaint”) with the State Bureau of Audits may be found at: http://www.bsa.ca.gov/hotline/filecomp.php.

10. Does my disclosure have to be in writing?

Under EO 929, disclosures to the Vice Chancellor of Human Resources or to the University’s Director of University Risk Management must be in writing. The Bureau of State Audits accepts verbal disclosures.

11. What is the deadline for making a disclosure?

Disclosures to the Vice Chancellor of Human Resources or to the Director of University Risk Management under EO 929 must be made within thirty days after the event giving rise to the disclosure or within thirty days after the employee or the applicant for employment knew or reasonably should have known of the event. There is no specified time limit for making a disclosure to the Bureau of State Audits.

12. What happens after I make a disclosure?

Under EO 929, a preliminary review will likely be conducted to determine if the requirements for a protected disclosure have been met. In addition, you may be interviewed.

13. Who will investigate my disclosure?

If you make your disclosure to the Vice Chancellor of Human Resources, a representative from the Chancellor’s Office or an individual hired by the Chancellor’s Office will review your disclosure to determine if it is protected. If it is, and a determination is made that an investigation is warranted, a representative from the Chancellor’s Office or an individual hired by the Chancellor’s Office will investigate your allegations. If you make your disclosure to the Director of University Risk Management, a representative from the University or an individual hired by the University will review your disclosure to determine if it is protected. If it is, and a determination is made that an investigation is warranted, a representative from the University or an individual hired by the University will investigate your allegations.

14. Why might my disclosure not be considered protected?

Sometimes events are reported that on their face are not improper governmental activities or significant threats to health and safety, but are instead personnel, labor relations or management issues. Not all violations of CSU or University policies represent improper governmental activities. If a determination is made that your allegations do not qualify as a protected disclosure, those allegations may still be reviewed and/or investigated for compliance with other CSU or University policies and procedures.

15. How can I help the investigation?

Tell the truth. In addition, you can provide as much factual information and evidence as possible to allow the investigation to proceed. However, do not obtain any documents for which you do not have a right of access and do not conduct your own investigation. You should prepare yourself to be interviewed and to provide all information you know about the allegations you raised.

16. How long will the investigation take?

Every investigation is unique. For those disclosures made under EO 929, the objective is to conduct investigations in a timely manner.

17. Who determines if my disclosure is protected?

If you make a disclosure to the Vice Chancellor of Human Resources, the Vice Chancellor will determine if your allegations are protected. If you make a disclosure to the Director of University Risk Management, the University President or designee will determine if your allegations are protected.

18. Will I be informed of the outcome?

If you make a disclosure either to the Vice Chancellor of Human Resources or to the Director of University Risk Management, in most cases you will receive a response to your disclosure within ninety working days of receipt of your disclosure. Any employee or applicant for employment who makes a disclosure under EO 929 should review Section IV of the Executive Order. If you make a report to the Bureau of State Audits, the Bureau does not report back to individuals who make a complaint. However, if the Bureau investigates and substantiates the allegations, it in most instances issues a public report of its investigations.

19. Can I discuss this matter with friends and colleagues?

To protect your confidentiality and the confidentiality of the investigation, it is advisable not to discuss the matter with friends or colleagues.

20. Where can I go with questions?

Contact Pat Carroll, the University’s Counsel, or John Beisner, the University’s Director of Risk Management, with any questions you may have concerning EO 929. Contact the Bureau of State Audits at 1-800-952-5665 for questions concerning the California Whistleblower Protection Act.

DISCLAIMER

These responses are for informational purposes only. If there is a conflict between these responses and the text of Executive Order 929, then the text in the Executive Order is controlling and should be relied upon.