California Government Code 53297 – (a) An employee, or applicant for employment, shall have the …
(a) An employee, or applicant for employment, shall have the right to file a complaint with the local agency within 60 days of the date of the act or event which is the subject of the complaint.
(b) Prior to filing a written complaint pursuant to this article, the employee shall first make a good faith effort to exhaust all available administrative remedies. The 60-day time limit specified in subdivision (a) shall be extended by the amount of time actually utilized by the employee in pursuing available administrative remedies.
Terms Used In California Government Code 53297
- Administrative procedure: means any written administrative procedure adopted by the local agency for presentation of a grievance for ultimate decision by the governing body of the local agency. See California Government Code 53296
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means any written document containing a disclosure of information as specified in subdivision (c). See California Government Code 53296
- Employee: means any person employed by a local agency. See California Government Code 53296
- Local agency: means any county, city, city and county, including any charter county, city, or city and county, and any district, school district, community college district, municipal or public corporation, political subdivision, or public agency of the state, or any instrumentality of any one or more of these agencies. See California Government Code 53296
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(c) A complaint pursuant to this article shall be filed in accordance with the locally adopted administrative procedure. If there is no administrative procedure, the complaint shall be filed with the governing body.
(d) All complaints brought by employees under this article shall be filed under penalty of perjury.
(Added by Stats. 1986, Ch. 353, Sec. 7.)