Browne was co-counsel on a 2011 appellate case that found government workers can sue under the California False Claims Act when they are retaliated against for investigating possible false claims by superiors. Cordero-Sacks v. Housing Authority of City of Los Angeles (2011) 200 Cal.App.4th 1267.
Browne is revisiting that issue now in a highly charged FCA case with a similar fact pattern involving the superintendent of a charter school. Maribel Galan v. Alta Public Schools, 18STCV05944 (L.A. Super. Ct., filed Nov. 20, 2018). Maribel Galan participated in an investigation into alleged misuse and misappropriation of public funds by Alta Public Schools' CEO, and claims she was fired for reporting the alleged misappropriation.
The case is timely, Browne said. Earlier this year California Attorney General Xavier Becerra issued an opinion that charter schools must comply with public integrity laws just like public school districts. In May, Gov. Gavin Newsom codified that opinion.
Since then, several charter school founders and executives have found themselves in hot water for a lack of transparency, conflict of interest and outright corruption, Browne said.
"My case and some of the other cases that have been in the news lately deal with the charter schools that were not following these strict requirements, not necessarily being transparent, and the consequences and fallout of how this impacted schools and the children in them."
Browne is also working to pass AB 9, a bill that would streamline the process for filing administrative claims under California's Fair Employment and Housing Act. She said defendants exploit the confusing and cumbersome nature of the FEHA process to get cases thrown out.
"I do not want to see plaintiffs lose an otherwise righteous and winning case if defendants can successfully argue that their DFEH complaint was not timely made due to unintended consequences in the DFEH's process," she said.
-- Jennifer Chung Klam
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