Wanda Brown, the former elected City Treasurer for the City of Inglewood (City), informed the City Council of her concerns about financial improprieties involving City funds. The City Council then voted to reduce Brown’s job duties and her salary. Brown sued the City and individual council members, alleging that the City violated Labor Code section 1102.5, which protects employees from retaliation for reporting unlawful conduct.
The trial court denied the City defendants’ joint motion to strike the complaint. They appealed that decision to the California Court of Appeal, which held that Brown could not seek relief for retaliation under Labor Code section 1102.5 because Brown, as an elected official, and not an employee of the City.
The California Supreme Court affirmed. The Court noted that the legislative history of Labor Code section 1106, which defines “employee” as an individual employed by a public agency for purposes of Labor Code section 1102.5, suggests a “particular purpose of protecting rank-and-file employees from supervisors and managers”.
As a result, elected officials are not “employees” for the purposes of Labor Code section 1102.5 and cannot seek relief under that law for allegedly retaliatory conduct taken by the agency for which the elected official serves.
Brown v. City of Inglewood, 2025 Cal. LEXIS 3956.