Statutes

Whistleblower Program

Whistleblower Statutes

The information on this Web site is not, nor is it intended to be, legal advice. These statutes govern the conduct of key Office of the Controller Whistleblower Program functions, including investigations.

California Government Code Section 53087.6

This section empowers a city and county auditor-controller to maintain a Whistleblower program to receive information regarding allegations of fraud, waste, or abuse by local government employees.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=53087.6

San Francisco Campaign and Governmental Conduct Code Article IV

This article protects all city officers and employees from retaliation for filing a complaint with, or providing information to, the Ethics Commission, Controller, District Attorney, City Attorney, or complainant's department about improper government activity by city officers and employees.

The article ensures that complaints that do not allege a violation of law over which the Ethics Commission or Controller has jurisdiction are directed to the appropriate agency for investigation and possible disciplinary or enforcement action.

Finally, the article implements San Francisco Charter Appendix F, Section F1.107. This section directs the Controller, as City Services Auditor, to administer a whistleblower program and investigate reports of complaints concerning the misuse of city funds, improper activities by city officers and employees, deficiencies in the quality and delivery of government services, and wasteful and inefficient city government practices.

http://www.amlegal.com/nxt/gateway.dll/California/campaign/articleivprotectionofwhistleblowers?f=templates$fn=default.htm$3.0$vid=amlegal:sanfrancisco_ca$anc=JD_Art.IVCh.1

San Francisco Charter Appendix F, Section F1.107

This section directs the Controller, as City Services Auditor, to administer a whistleblower program and investigate reports of complaints concerning the misuse of city funds, improper activities by city officers and employees, deficiencies in the quality and delivery of government services, and wasteful and inefficient city government practices.

http://www.amlegal.com/nxt/gateway.dll/California/charter_sf/appendixfauthorityanddutiesofcityservice?f=templates$fn=default.htm$3.0$vid=amlegal:sanfrancisco_ca$anc=JD_F1.107

San Francisco Charter Appendix F, Section F1.110

This section states that the Controller shall have timely access to all records and documents, with some exceptions, that the Controller deems necessary to complete the inquiries and reviews required by Appendix F. This section also makes confidential all drafts, notes, preliminary reports of Controller's benchmark studies, audits, investigations, and other reports, with some exceptions.

http://www.amlegal.com/nxt/gateway.dll/California/charter_sf/appendixfauthorityanddutiesofcityservice?f=templates$fn=default.htm$3.0$vid=amlegal:sanfrancisco_ca$anc=JD_F1.110