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Editorial: Assembly fumbles whistle-blower bill

Published: Saturday, Jan. 21, 2012 - 12:00 am | Page 8A

Is it any wonder why Californians hold the Legislature in such low regard?

It's bad enough that many legislators don't want to follow the rules they set for everyone else. They also play political games to avoid accountability.

The latest case in point occurred on Thursday when the Assembly Appropriations Committee killed a bill to protect legislative staffers who blow the whistle on government corruption, fraud or other improper activity. Lawmakers and others who retaliate against or try to intimidate Capitol whistle-blowers would face up to one year in jail and a $10,000 fine and could be sued.

Most state employees, including executive branch and public university workers, already have whistle-blower protection. The panel with policy oversight, the Judiciary Committee, unanimously approved the measure last week.

But in the Appropriations Committee, chaired by Assemblyman Felipe Fuentes, D-Sylmar, there wasn't even a motion to consider Assembly Bill 1378, which was proposed by Assemblyman Anthony Portantino, D-La Cañada Flintridge.

Because the measure didn't reach the Assembly floor, there will be no recorded "no" votes that incumbents would have to explain on the campaign trail this year.

The bill did not have the support of State Auditor Elaine Howle, whose office investigates whistle-blower complaints from state workers. She warned that the measure would cost her office $400,000 a year and jeopardize its independence because the Legislature directs much of its work, controls its purse strings and has the power to remove the auditor from office.

Portantino isn't giving up. He plans to introduce a revised bill calling for the Fair Political Practices Commission to investigate the allegations. But that is expected to be more costly. It wouldn't be a shocker if the Appropriations Committee uses that as reason to kill the bill, again. The fix appears to be in.

Portantino is not the most popular member of the Assembly, having cast the lone Democratic vote against the budget last year and feuding with Speaker John A. Pérez over releasing legislators' spending records. Perhaps the measure's prospects would be enhanced if another lawmaker took the baton. But it's not as if anyone is rushing to do that.

The Legislature's job approval rating was a dismal 22 percent among registered voters in a December Field Poll. With moves like this, there's little reason for those numbers to improve.

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