(a) A member of the department who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against any other member or former member of the department, or employee of any department, board, or authority, for having disclosed what the member or former member of the department or employee in good faith believed to be improper activities in the Military Department shall be disciplined by the Governor or the Adjutant General, or by adverse action as provided in Article 1 (commencing with Section 19570) of Chapter 7 of Part 2 of Division 5 of Title 2 of the Government Code, if applicable. If no adverse action is taken by the appointing power for a civil service or other state employee, the State Personnel Board shall begin procedures as if charges were filed pursuant to Section 19583.5 of the Government Code.
(b) Persons subject to the Uniform Code of Military Justice (UCMJ) who violate Section 56 shall additionally be subject to punishment pursuant to Article 92 of the UCMJ, and subject to adverse administrative action as authorized by state law or federal law.
(c) Any member of the department who violates the prohibitions defined in Section 56 shall be subject to disciplinary action or criminal prosecution as authorized by state or federal law.
(d) For the purposes of this section, all of the following definitions apply:
(1) “Department” means the Military Department.
(2) “Employee” has the same meaning as defined in Section 8547.2 of the Government Code.
(3) “Improper activities” means the same thing as “improper governmental activity” under Section 8547.2 of the Government Code.
(4) “Member of the department” has the same meaning as defined in Section 55.
(Added by Stats. 2019, Ch. 704, Sec. 3. (SB 481) Effective January 1, 2020.)
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