6125. There is hereby created the independent Office of the
Inspector General which shall not be a subdivision of any other
governmental entity. The Governor shall appoint, subject to
confirmation by the Senate, the Inspector General to a six-year term.
The Inspector General may not be removed from office during that
term, except for good cause.
6126. (a) (1) The Inspector General shall review departmental
policy and procedures, conduct audits of investigatory practices and
other audits, be responsible for contemporaneous oversight of
internal affairs investigations and the disciplinary process, and
conduct investigations of the Department of Corrections and
Rehabilitation, as requested by either the Secretary of the
Department of Corrections and Rehabilitation or a Member of the
Legislature, pursuant to the approval of the Inspector General under
policies to be developed by the Inspector General. The Inspector
General may, under policies developed by the Inspector General,
initiate an investigation or an audit on his or her own accord.
(2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. Each
audit of a warden shall include, but not be limited to, issues
relating to personnel, training, investigations, and financial
matters. Each four-year audit shall include an assessment of the
maintenance of the facility managed by the warden. The audit report
shall include all significant findings of the Inspector General's
assessment of facility maintenance. These audit reports shall be
provided to the Legislature and shall be made public. The
requirements of this paragraph shall be phased in by the Inspector
General so that they are fully met by July 1, 2009.
(b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
(c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
(d) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
(e) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the Office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
6126.1. (a) The Inspector General shall establish a certification
program for peace officers under the Inspector General's
jurisdiction. The peace officer training course shall be consistent
with the standard courses utilized by the Commission on Peace Officer
Standards and Training and other major investigative offices, such
as county sheriff and city police departments and the Department of
the California Highway Patrol.
(b) Beginning January 1, 1999, peace officers under the Inspector
General's jurisdiction conducting investigations for the Office of
the Inspector General shall complete investigation training
consistent with standard courses utilized by other major law
enforcement investigative offices and be certified within six months
of employment.
(c) Beginning January 1, 1999, all peace officers under the
Inspector General's jurisdiction shall successfully pass a
psychological screening exam before becoming employed with the Office
of the Inspector General.
6126.2. The Inspector General shall not hire as a peace officer any
person known to be directly or indirectly involved in an open
internal affairs investigation being conducted by any federal, state,
or local law enforcement agency or the Inspector General.
6126.3. (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed audit within three years after
a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
(c) The following books, papers, records, and correspondence of
the Office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure or
Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of
Title 2 of the Government Code in any manner:
(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(a) or (b) of Section 6131, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any audit or
investigation that has not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
(5) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to contemporaneous
public oversight pursuant to Section 6133.
6126.4. It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public. This prohibition is also applicable
to any person or business entity that is contracting with or has
contracted with the Inspector General and to the employees and former
employees of that person or business entity or the employees of any
state agency or public entity that has assisted the Inspector General
in the course of any audit or investigation or that has been
furnished a draft copy of any report for comment or review.
6126.5. (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property
of the Department of Corrections and Rehabilitation for any audit,
investigation, inspection, or contemporaneous oversight. Any officer
or employee of any agency or entity having these records or property
in his or her possession or under his or her control shall permit
access to, and examination and reproduction thereof consistent with
the provisions of this section, upon the request of the Inspector
General or his or her authorized representative.
(b) For the purpose of conducting any audit, investigation,
inspection, or contemporaneous oversight, the Inspector General or
his or her authorized representative shall have access to the records
and property of any public or private entity or person subject to
review or regulation by the public agency or public entity being
audited, investigated, or overseen to the same extent that employees
or officers of that agency or public entity have access. No provision
of law or any memorandum of understanding or any other agreement
entered into between the employing entity and the employee or the
employee's representative providing for the confidentiality or
privilege of any records or property shall prevent disclosure
pursuant to subdivision (a). Access, examination, and reproduction
consistent with the provisions of this section shall not result in
the waiver of any confidentiality or privilege regarding any records
or property.
(c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
(d) The Inspector General may require any employee of the
Department of Corrections and Rehabilitation to be interviewed on a
confidential basis. Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee. The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of
Section 3309.5 of the Government Code as if the Inspector General
were the employer, except that the Inspector General shall not be
subject to the provisions of any memorandum of understanding or other
agreement entered into between the employing entity and the employee
or the employee's representative that is in conflict with, or adds
to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and
subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code.
6126.6. (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
Within 90 days of submission by the Governor of those names, the
Inspector General shall advise in confidence to the Governor his or
her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden or superintendent. Those rules and
procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
reputation and integrity which, unless rebutted, would be
determinative of the candidate's unsuitability for appointment. No
rule or procedure shall be adopted that permits the disclosure to the
candidate of information from which the candidate may infer the
source, and no information shall either be disclosed to the candidate
nor be obtainable by any process which would jeopardize the
confidentiality of communications from persons whose opinion has been
sought on the candidate's qualifications.
(e) All communications, written, verbal or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden or superintendent, nor shall anything in this
section be construed as adding any additional qualifications for the
position of warden or superintendent.
(l) Wardens who have been appointed but not yet confirmed as of
July 1, 2005, need not be reappointed to the position after that
date, but are subject to the review process provided in this section.
6127.1. The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any investigation or audit conducted pursuant to this
chapter. The Inspector General shall have authority to hire or
retain counsel to provide confidential advice during audits and
investigations. If the Attorney General has a conflict of interest in
representing the Inspector General in any litigation, the Inspector
General shall have authority to hire or retain counsel to represent
the Inspector General.
6127.3. (a) In connection with an audit, investigation, or
inspection pursuant to this chapter, the Inspector General, or his or
her designee, may do any of the following:
(1) Administer oaths.
(2) Certify to all official acts.
(3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any
investigative interview conducted as part of an audit or
investigation.
(b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the Inspector General, or his or her designee. The
person serving this process may receive compensation as is allowed by
the Inspector General, or his or her designee, not to exceed the
fees prescribed by law for similar service.
6127.4. (a) The superior court in the county in which any
investigative interview is held under the direction of the Inspector
General or his or her designee has jurisdiction to compel the
attendance of witnesses, the making of oral or written sworn
statements, and the production of papers, books, accounts, and
documents, as required by any subpoena issued by the Inspector
General or his or her designee.
(b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General or his or her
designee may petition the superior court in the county in which the
hearing is pending for an order compelling the person to attend and
answer questions under penalty of perjury or produce the papers
required by the subpoena before the person named in the subpoena. The
petition shall set forth all of the following:
(1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
(2) That the person has been subpoenaed in the manner prescribed
in this chapter.
(3) That the person has failed and refused to attend or produce
the papers required by subpoena before the Inspector General or his
or her designee as named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the investigative
interview under penalty of perjury.
(c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required. A copy of the order shall be served upon him
or her. If it appears to the court that the subpoena was regularly
issued by the Inspector General or his or her designee, the court
shall enter an order that the person appear before the person named
in the subpoena at the time and place fixed in the order and answer
questions under penalty of perjury or produce the required papers.
Upon failure to obey the order, the person shall be dealt with as for
contempt of court.
6128. (a) The Office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe an improper governmental activity, as
that term is defined in subdivision (b) of Section 8547.2 of the
Government Code. It is not the purpose of these communications to
redress any single disciplinary action or grievance that may
routinely occur.
(b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections
and Rehabilitation. This telephone number shall be posted by the
department in clear view of all employees and the public. When
appropriate, the Inspector General shall initiate an investigation or
audit of any alleged improper governmental activity. However, any
request to conduct an investigation shall be in writing.
(c) All identifying information, and any personal papers or
correspondence from any person who initiated the investigation shall
not be disclosed, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
6129. (a) (1) For purposes of this section, "employee" means any
person employed by the Department of Corrections and Rehabilitation.
(2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done any
of the following:
(A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
(B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
(C) Has refused to obey an illegal order or directive.
(b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management at the Department of Corrections and
Rehabilitation, the Inspector General shall commence an inquiry into
the complaint and conduct a formal investigation where a legally
cognizable cause of action is presented. All investigations conducted
pursuant to this section shall be performed in accordance with
Sections 6126.5 and 6127.3. The Inspector General may refer all other
matters for investigation by the appropriate employing entity,
subject to investigative oversight by the Inspector General. In a
case in which the employing entity declines to investigate the
complaint, it shall, within 30 days of receipt of the referral by the
Inspector General, notify the Inspector General of its decision. The
Inspector General shall thereafter, conduct his or her own inquiry
into the complaint. If, after reviewing the complaint, the Inspector
General determines that a legally cognizable cause of action has not
been presented by the complaint, the Inspector General shall
thereafter notify the complaining employee and the State Personnel
Board that a formal investigation is not warranted.
(2) When investigating a complaint, in determining whether
retaliation has occurred, the Inspector General or the employing
entity shall consider, among other things, whether any of the
following either actually occurred or were threatened:
(A) Unwarranted or unjustified staff changes.
(B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
(C) Unwarranted or unjustified formal or informal investigations.
(D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
(E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
(3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's or the employing entity's
investigation, or until the complaint is rejected or otherwise
dismissed by the Inspector General or the employing entity. An
employee, however, may not be required to first file a retaliation
complaint with the Inspector General prior to filing a complaint with
the State Personnel Board.
(A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
investigative report to the State Personnel Board, or until the
complaint is rejected or otherwise dismissed by the Inspector General
or the employing entity.
(B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
(c) (1) In a case in which the Inspector General determines, as a
result of his or her own investigation, that an employee has been
subjected to acts of reprisal, retaliation, threats, or similar acts
in violation of this section, the Inspector General shall provide a
copy of the investigative report, together with all other underlying
investigative materials the Inspector General determines to be
relevant, to the appropriate director or chair who shall take
appropriate corrective action. In a case in which the Inspector
General determines, based on an independent review of the
investigation conducted by the employing entity, that an employee has
been subjected to acts of reprisal, retaliation, threats, or similar
acts in violation of this section, the Inspector General shall
submit a written recommendation to the appropriate director or chair
who shall take appropriate corrective action. If the hiring authority
initiates disciplinary action as defined in Section 19570 of the
Government Code, it shall provide the subject with all materials
required by law.
(2) The Inspector General shall publish a quarterly summary of
investigations, with personal identifying information removed,
including, but not limited to, the conduct investigated, any
recommended discipline, and any discipline actually imposed.
(3) Any employee at any rank and file, supervisory, or managerial
level, who intentionally engages in acts of reprisal, retaliation,
threats, coercion, or similar acts against another employee, pursuant
to paragraph (2) of subdivision (a), shall be disciplined by the
employing entity by adverse action as provided in Section 19572 of
the Government Code. The disciplinary action shall require, at a
minimum, a suspension for not less than 30 days without pay, except
in a case in which the employing entity determines that a lesser
penalty is warranted. In that case, the employing entity shall,
within 30 days of receipt of the investigative report, provide
written justification for that decision to the Inspector General. The
employing entity shall also, within 30 days of receipt of the
written report, notify the Inspector General in writing as to what
steps, if any, it has taken to remedy the retaliatory conduct found
to have been committed by any of its employees.
(d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the investigative report from the
Inspector General, and shall notify the Inspector General of the
specific reasons why the director or chair declined to invoke adverse
action proceedings against the employee.
(2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the investigative report, together with all other underlying
investigative materials the Inspector General deems to be relevant,
to the State Personnel Board so that the complaining employee can
request leave to file charges against the employee found to have
engaged in acts of reprisal, retaliation, threats, or similar acts,
in accordance with the provisions of Section 19583.5 of the
Government Code. If the State Personnel Board accepts the complaint,
the board shall provide the charged and complaining parties with a
copy of all relevant materials.
(3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
(e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.
6131. (a) Upon the completion of any audit conducted by the
Inspector General, he or she shall prepare a written report, which
shall be disclosed, along with all underlying materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Department of Corrections and Rehabilitation, the appropriate
director, chairperson, or law enforcement agency, and the
Legislature. Copies of all those written reports shall be posted on
the Inspector General's Internet Web site within 10 days of being
disclosed to the above-listed entities or persons.
(b) Upon the completion of any investigation conducted by the
Inspector General, he or she shall prepare a complete written report,
which shall be held as confidential and disclosed in confidence,
along with all underlying investigative materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Department of Corrections and Rehabilitation, and the appropriate
director, chairperson, or law enforcement agency.
(c) Upon the completion of any investigation conducted by the
Inspector General, he or she shall also prepare and issue on a
quarterly basis a public investigative report that includes all
investigations completed in the previous quarter. The public
investigative report shall differ from the complete investigative
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the investigation, or where disclosure
of the information is otherwise prohibited by law, and to decline to
produce any of the underlying investigative materials. In a case
where allegations were deemed to be unfounded, all applicable
identifying information shall be redacted. The public investigative
report shall be made available to the public upon request and on a
quarterly basis as follows:
(1) In those cases where an investigation is referred only for
disciplinary action before the State Personnel Board or for other
administrative proceedings, the employing entity shall, within 10
days of receipt of the State Personnel Board's order rendered in
other administrative proceedings, provide the Inspector General with
a copy of the order. The Inspector General shall attach the order to
the public investigative report on his or her Internet Web site and
provide copies of the report and order to the Legislature, as well as
to any complaining employee and any employee who was the subject of
the investigation.
(2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee. The Inspector General shall include the
settlement information in the public investigative report on his or
her Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
(3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General shall
include the decision and rationale in the public investigative report
on his or her Internet Web site and provide copies of the report to
the Legislature, as well as to any complaining employee and any
employee who was the subject of the investigation.
(4) In those cases where an investigation has been referred for
possible criminal prosecution, and the applicable local law
enforcement agency or the Attorney General has decided to commence
criminal proceedings against an employee, the report shall be made
public at a time deemed appropriate by the Inspector General after
consultation with the local law enforcement agency or the Attorney
General, but in all cases no later than when discovery has been
provided to the defendant in the criminal proceedings. The Inspector
General shall thereafter post the public investigative report on his
or her Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
(5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact. The Inspector General shall include the
decision in the public investigative report on his or her Internet
Web site and provide copies of the report to the Legislature, as well
as to any complaining employee and any employee who was the subject
of the investigation.
(6) In those cases where an investigation has been referred for
neither disciplinary action or other administrative proceedings, nor
for criminal prosecution, the Inspector General shall include the
decision not to refer the matter in the public investigative report
on his or her Internet Web site and provide copies of the report to
the Legislature, as well as to any complaining employee and any
employee who was the subject of the investigation.
6132. The Inspector General shall report annually to the Governor
and the Legislature a summary of his or her investigations and
audits. The summary shall be posted on the Inspector General's Web
site and otherwise made available to the public upon its release to
the Governor and the Legislature. The summary shall include, but not
be limited to, significant problems discovered by the Inspector
General, and whether recommendations the Inspector General has made
through audits and investigations have been implemented by the
subject agency, department, or board.
6133. (a) There is created within the Office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
(b) The BIR shall be responsible for contemporaneous public
oversight of the Department of Corrections and Rehabilitation
investigations conducted by the Department of Corrections and
Rehabilitation's Office of Internal Affairs. The BIR shall also be
responsible for advising the public regarding the adequacy of each
investigation, and whether discipline of the subject of the
investigation is warranted. The BIR shall have discretion to provide
public oversight of other Department of Corrections and
Rehabilitation personnel investigations as needed.
(c) (1) The BIR shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its oversight of the Department of
Corrections and Rehabilitation allegations of internal misconduct and
use of force. The BIR shall also issue regular reports, no less than
semiannually, summarizing its oversight of Office of Internal
Affairs investigations pursuant to subdivision (b). The reports shall
include, but not be limited to, the following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the BIR.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR recommendations
regarding disposition and level of discipline.
(D) The report of any settlement and whether the BIR concurred
with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.
6140. There is in the Office of the Inspector General the
California Rehabilitation Oversight Board (C-ROB). The board shall
consist of the 11 members as follows:
(a) The Inspector General, who shall serve as chair.
(b) The Secretary of the Department of Corrections and
Rehabilitation.
(c) The Superintendent of Public Instruction, or his or her
designee.
(d) The Chancellor of the California Community Colleges, or his or
her designee.
(e) The Director of the State Department of Alcohol and Drug
Programs, or his or her designee.
(f) The Director of Mental Health, or his or her designee.
(g) A faculty member of the University of California who has
expertise in rehabilitation of criminal offenders, appointed by the
President of the University of California.
(h) A faculty member of the California State University, who has
expertise in rehabilitation of criminal offenders, appointed by the
Chancellor of the California State University.
(i) A county sheriff, appointed by the Governor.
(j) A county chief probation officer, appointed by the Senate
Committee on Rules.
(k) A local government official who provides mental health,
substance abuse, or educational services to criminal offenders,
appointed by the Speaker of the Assembly.
6141. The California Rehabilitation Oversight Board shall meet at
least quarterly, and shall regularly examine the various mental
health, substance abuse, educational, and employment programs for
inmates and parolees operated by the Department of Corrections and
Rehabilitation. The board shall report to the Governor and the
Legislature biannually, on March 15 and September 15, and may submit
other reports during the year if it finds they are necessary. The
reports shall include, but are not limited to, findings on the
effectiveness of treatment efforts, rehabilitation needs of
offenders, gaps in rehabilitation services in the department, and
levels of offender participation and success in the programs. The
board shall also make recommendations to the Governor and Legislature
with respect to modifications, additions, and eliminations of
rehabilitation and treatment programs. In performing its duties, the
board shall use the work products developed for the department as a
result of the provisions of the 2006 Budget Act, including Provision
18 of Item 5225-001-0001.
6125. There is hereby created the independent Office of the
Inspector General which shall not be a subdivision of any other
governmental entity. The Governor shall appoint, subject to
confirmation by the Senate, the Inspector General to a six-year term.
The Inspector General may not be removed from office during that
term, except for good cause.
6126. (a) (1) The Inspector General shall review departmental
policy and procedures, conduct audits of investigatory practices and
other audits, be responsible for contemporaneous oversight of
internal affairs investigations and the disciplinary process, and
conduct investigations of the Department of Corrections and
Rehabilitation, as requested by either the Secretary of the
Department of Corrections and Rehabilitation or a Member of the
Legislature, pursuant to the approval of the Inspector General under
policies to be developed by the Inspector General. The Inspector
General may, under policies developed by the Inspector General,
initiate an investigation or an audit on his or her own accord.
(2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. Each
audit of a warden shall include, but not be limited to, issues
relating to personnel, training, investigations, and financial
matters. Each four-year audit shall include an assessment of the
maintenance of the facility managed by the warden. The audit report
shall include all significant findings of the Inspector General's
assessment of facility maintenance. These audit reports shall be
provided to the Legislature and shall be made public. The
requirements of this paragraph shall be phased in by the Inspector
General so that they are fully met by July 1, 2009.
(b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
(c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
(d) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
(e) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the Office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
6126.1. (a) The Inspector General shall establish a certification
program for peace officers under the Inspector General's
jurisdiction. The peace officer training course shall be consistent
with the standard courses utilized by the Commission on Peace Officer
Standards and Training and other major investigative offices, such
as county sheriff and city police departments and the Department of
the California Highway Patrol.
(b) Beginning January 1, 1999, peace officers under the Inspector
General's jurisdiction conducting investigations for the Office of
the Inspector General shall complete investigation training
consistent with standard courses utilized by other major law
enforcement investigative offices and be certified within six months
of employment.
(c) Beginning January 1, 1999, all peace officers under the
Inspector General's jurisdiction shall successfully pass a
psychological screening exam before becoming employed with the Office
of the Inspector General.
6126.2. The Inspector General shall not hire as a peace officer any
person known to be directly or indirectly involved in an open
internal affairs investigation being conducted by any federal, state,
or local law enforcement agency or the Inspector General.
6126.3. (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed audit within three years after
a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
(c) The following books, papers, records, and correspondence of
the Office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure or
Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of
Title 2 of the Government Code in any manner:
(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(a) or (b) of Section 6131, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any audit or
investigation that has not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
(5) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to contemporaneous
public oversight pursuant to Section 6133.
6126.4. It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public. This prohibition is also applicable
to any person or business entity that is contracting with or has
contracted with the Inspector General and to the employees and former
employees of that person or business entity or the employees of any
state agency or public entity that has assisted the Inspector General
in the course of any audit or investigation or that has been
furnished a draft copy of any report for comment or review.
6126.5. (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property
of the Department of Corrections and Rehabilitation for any audit,
investigation, inspection, or contemporaneous oversight. Any officer
or employee of any agency or entity having these records or property
in his or her possession or under his or her control shall permit
access to, and examination and reproduction thereof consistent with
the provisions of this section, upon the request of the Inspector
General or his or her authorized representative.
(b) For the purpose of conducting any audit, investigation,
inspection, or contemporaneous oversight, the Inspector General or
his or her authorized representative shall have access to the records
and property of any public or private entity or person subject to
review or regulation by the public agency or public entity being
audited, investigated, or overseen to the same extent that employees
or officers of that agency or public entity have access. No provision
of law or any memorandum of understanding or any other agreement
entered into between the employing entity and the employee or the
employee's representative providing for the confidentiality or
privilege of any records or property shall prevent disclosure
pursuant to subdivision (a). Access, examination, and reproduction
consistent with the provisions of this section shall not result in
the waiver of any confidentiality or privilege regarding any records
or property.
(c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
(d) The Inspector General may require any employee of the
Department of Corrections and Rehabilitation to be interviewed on a
confidential basis. Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee. The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of
Section 3309.5 of the Government Code as if the Inspector General
were the employer, except that the Inspector General shall not be
subject to the provisions of any memorandum of understanding or other
agreement entered into between the employing entity and the employee
or the employee's representative that is in conflict with, or adds
to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and
subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code.
6126.6. (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
Within 90 days of submission by the Governor of those names, the
Inspector General shall advise in confidence to the Governor his or
her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden or superintendent. Those rules and
procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
reputation and integrity which, unless rebutted, would be
determinative of the candidate's unsuitability for appointment. No
rule or procedure shall be adopted that permits the disclosure to the
candidate of information from which the candidate may infer the
source, and no information shall either be disclosed to the candidate
nor be obtainable by any process which would jeopardize the
confidentiality of communications from persons whose opinion has been
sought on the candidate's qualifications.
(e) All communications, written, verbal or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden or superintendent, nor shall anything in this
section be construed as adding any additional qualifications for the
position of warden or superintendent.
(l) Wardens who have been appointed but not yet confirmed as of
July 1, 2005, need not be reappointed to the position after that
date, but are subject to the review process provided in this section.
6127.1. The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any investigation or audit conducted pursuant to this
chapter. The Inspector General shall have authority to hire or
retain counsel to provide confidential advice during audits and
investigations. If the Attorney General has a conflict of interest in
representing the Inspector General in any litigation, the Inspector
General shall have authority to hire or retain counsel to represent
the Inspector General.
6127.3. (a) In connection with an audit, investigation, or
inspection pursuant to this chapter, the Inspector General, or his or
her designee, may do any of the following:
(1) Administer oaths.
(2) Certify to all official acts.
(3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any
investigative interview conducted as part of an audit or
investigation.
(b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the Inspector General, or his or her designee. The
person serving this process may receive compensation as is allowed by
the Inspector General, or his or her designee, not to exceed the
fees prescribed by law for similar service.
6127.4. (a) The superior court in the county in which any
investigative interview is held under the direction of the Inspector
General or his or her designee has jurisdiction to compel the
attendance of witnesses, the making of oral or written sworn
statements, and the production of papers, books, accounts, and
documents, as required by any subpoena issued by the Inspector
General or his or her designee.
(b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General or his or her
designee may petition the superior court in the county in which the
hearing is pending for an order compelling the person to attend and
answer questions under penalty of perjury or produce the papers
required by the subpoena before the person named in the subpoena. The
petition shall set forth all of the following:
(1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
(2) That the person has been subpoenaed in the manner prescribed
in this chapter.
(3) That the person has failed and refused to attend or produce
the papers required by subpoena before the Inspector General or his
or her designee as named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the investigative
interview under penalty of perjury.
(c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required. A copy of the order shall be served upon him
or her. If it appears to the court that the subpoena was regularly
issued by the Inspector General or his or her designee, the court
shall enter an order that the person appear before the person named
in the subpoena at the time and place fixed in the order and answer
questions under penalty of perjury or produce the required papers.
Upon failure to obey the order, the person shall be dealt with as for
contempt of court.
6128. (a) The Office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe an improper governmental activity, as
that term is defined in subdivision (b) of Section 8547.2 of the
Government Code. It is not the purpose of these communications to
redress any single disciplinary action or grievance that may
routinely occur.
(b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections
and Rehabilitation. This telephone number shall be posted by the
department in clear view of all employees and the public. When
appropriate, the Inspector General shall initiate an investigation or
audit of any alleged improper governmental activity. However, any
request to conduct an investigation shall be in writing.
(c) All identifying information, and any personal papers or
correspondence from any person who initiated the investigation shall
not be disclosed, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
6129. (a) (1) For purposes of this section, "employee" means any
person employed by the Department of Corrections and Rehabilitation.
(2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done any
of the following:
(A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
(B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
(C) Has refused to obey an illegal order or directive.
(b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management at the Department of Corrections and
Rehabilitation, the Inspector General shall commence an inquiry into
the complaint and conduct a formal investigation where a legally
cognizable cause of action is presented. All investigations conducted
pursuant to this section shall be performed in accordance with
Sections 6126.5 and 6127.3. The Inspector General may refer all other
matters for investigation by the appropriate employing entity,
subject to investigative oversight by the Inspector General. In a
case in which the employing entity declines to investigate the
complaint, it shall, within 30 days of receipt of the referral by the
Inspector General, notify the Inspector General of its decision. The
Inspector General shall thereafter, conduct his or her own inquiry
into the complaint. If, after reviewing the complaint, the Inspector
General determines that a legally cognizable cause of action has not
been presented by the complaint, the Inspector General shall
thereafter notify the complaining employee and the State Personnel
Board that a formal investigation is not warranted.
(2) When investigating a complaint, in determining whether
retaliation has occurred, the Inspector General or the employing
entity shall consider, among other things, whether any of the
following either actually occurred or were threatened:
(A) Unwarranted or unjustified staff changes.
(B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
(C) Unwarranted or unjustified formal or informal investigations.
(D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
(E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
(3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's or the employing entity's
investigation, or until the complaint is rejected or otherwise
dismissed by the Inspector General or the employing entity. An
employee, however, may not be required to first file a retaliation
complaint with the Inspector General prior to filing a complaint with
the State Personnel Board.
(A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
investigative report to the State Personnel Board, or until the
complaint is rejected or otherwise dismissed by the Inspector General
or the employing entity.
(B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
(c) (1) In a case in which the Inspector General determines, as a
result of his or her own investigation, that an employee has been
subjected to acts of reprisal, retaliation, threats, or similar acts
in violation of this section, the Inspector General shall provide a
copy of the investigative report, together with all other underlying
investigative materials the Inspector General determines to be
relevant, to the appropriate director or chair who shall take
appropriate corrective action. In a case in which the Inspector
General determines, based on an independent review of the
investigation conducted by the employing entity, that an employee has
been subjected to acts of reprisal, retaliation, threats, or similar
acts in violation of this section, the Inspector General shall
submit a written recommendation to the appropriate director or chair
who shall take appropriate corrective action. If the hiring authority
initiates disciplinary action as defined in Section 19570 of the
Government Code, it shall provide the subject with all materials
required by law.
(2) The Inspector General shall publish a quarterly summary of
investigations, with personal identifying information removed,
including, but not limited to, the conduct investigated, any
recommended discipline, and any discipline actually imposed.
(3) Any employee at any rank and file, supervisory, or managerial
level, who intentionally engages in acts of reprisal, retaliation,
threats, coercion, or similar acts against another employee, pursuant
to paragraph (2) of subdivision (a), shall be disciplined by the
employing entity by adverse action as provided in Section 19572 of
the Government Code. The disciplinary action shall require, at a
minimum, a suspension for not less than 30 days without pay, except
in a case in which the employing entity determines that a lesser
penalty is warranted. In that case, the employing entity shall,
within 30 days of receipt of the investigative report, provide
written justification for that decision to the Inspector General. The
employing entity shall also, within 30 days of receipt of the
written report, notify the Inspector General in writing as to what
steps, if any, it has taken to remedy the retaliatory conduct found
to have been committed by any of its employees.
(d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the investigative report from the
Inspector General, and shall notify the Inspector General of the
specific reasons why the director or chair declined to invoke adverse
action proceedings against the employee.
(2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the investigative report, together with all other underlying
investigative materials the Inspector General deems to be relevant,
to the State Personnel Board so that the complaining employee can
request leave to file charges against the employee found to have
engaged in acts of reprisal, retaliation, threats, or similar acts,
in accordance with the provisions of Section 19583.5 of the
Government Code. If the State Personnel Board accepts the complaint,
the board shall provide the charged and complaining parties with a
copy of all relevant materials.
(3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
(e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.
6131. (a) Upon the completion of any audit conducted by the
Inspector General, he or she shall prepare a written report, which
shall be disclosed, along with all underlying materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Department of Corrections and Rehabilitation, the appropriate
director, chairperson, or law enforcement agency, and the
Legislature. Copies of all those written reports shall be posted on
the Inspector General's Internet Web site within 10 days of being
disclosed to the above-listed entities or persons.
(b) Upon the completion of any investigation conducted by the
Inspector General, he or she shall prepare a complete written report,
which shall be held as confidential and disclosed in confidence,
along with all underlying investigative materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Department of Corrections and Rehabilitation, and the appropriate
director, chairperson, or law enforcement agency.
(c) Upon the completion of any investigation conducted by the
Inspector General, he or she shall also prepare and issue on a
quarterly basis a public investigative report that includes all
investigations completed in the previous quarter. The public
investigative report shall differ from the complete investigative
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the investigation, or where disclosure
of the information is otherwise prohibited by law, and to decline to
produce any of the underlying investigative materials. In a case
where allegations were deemed to be unfounded, all applicable
identifying information shall be redacted. The public investigative
report shall be made available to the public upon request and on a
quarterly basis as follows:
(1) In those cases where an investigation is referred only for
disciplinary action before the State Personnel Board or for other
administrative proceedings, the employing entity shall, within 10
days of receipt of the State Personnel Board's order rendered in
other administrative proceedings, provide the Inspector General with
a copy of the order. The Inspector General shall attach the order to
the public investigative report on his or her Internet Web site and
provide copies of the report and order to the Legislature, as well as
to any complaining employee and any employee who was the subject of
the investigation.
(2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee. The Inspector General shall include the
settlement information in the public investigative report on his or
her Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
(3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General shall
include the decision and rationale in the public investigative report
on his or her Internet Web site and provide copies of the report to
the Legislature, as well as to any complaining employee and any
employee who was the subject of the investigation.
(4) In those cases where an investigation has been referred for
possible criminal prosecution, and the applicable local law
enforcement agency or the Attorney General has decided to commence
criminal proceedings against an employee, the report shall be made
public at a time deemed appropriate by the Inspector General after
consultation with the local law enforcement agency or the Attorney
General, but in all cases no later than when discovery has been
provided to the defendant in the criminal proceedings. The Inspector
General shall thereafter post the public investigative report on his
or her Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
(5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact. The Inspector General shall include the
decision in the public investigative report on his or her Internet
Web site and provide copies of the report to the Legislature, as well
as to any complaining employee and any employee who was the subject
of the investigation.
(6) In those cases where an investigation has been referred for
neither disciplinary action or other administrative proceedings, nor
for criminal prosecution, the Inspector General shall include the
decision not to refer the matter in the public investigative report
on his or her Internet Web site and provide copies of the report to
the Legislature, as well as to any complaining employee and any
employee who was the subject of the investigation.
6132. The Inspector General shall report annually to the Governor
and the Legislature a summary of his or her investigations and
audits. The summary shall be posted on the Inspector General's Web
site and otherwise made available to the public upon its release to
the Governor and the Legislature. The summary shall include, but not
be limited to, significant problems discovered by the Inspector
General, and whether recommendations the Inspector General has made
through audits and investigations have been implemented by the
subject agency, department, or board.
6133. (a) There is created within the Office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
(b) The BIR shall be responsible for contemporaneous public
oversight of the Department of Corrections and Rehabilitation
investigations conducted by the Department of Corrections and
Rehabilitation's Office of Internal Affairs. The BIR shall also be
responsible for advising the public regarding the adequacy of each
investigation, and whether discipline of the subject of the
investigation is warranted. The BIR shall have discretion to provide
public oversight of other Department of Corrections and
Rehabilitation personnel investigations as needed.
(c) (1) The BIR shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its oversight of the Department of
Corrections and Rehabilitation allegations of internal misconduct and
use of force. The BIR shall also issue regular reports, no less than
semiannually, summarizing its oversight of Office of Internal
Affairs investigations pursuant to subdivision (b). The reports shall
include, but not be limited to, the following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the BIR.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR recommendations
regarding disposition and level of discipline.
(D) The report of any settlement and whether the BIR concurred
with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.
6140. There is in the Office of the Inspector General the
California Rehabilitation Oversight Board (C-ROB). The board shall
consist of the 11 members as follows:
(a) The Inspector General, who shall serve as chair.
(b) The Secretary of the Department of Corrections and
Rehabilitation.
(c) The Superintendent of Public Instruction, or his or her
designee.
(d) The Chancellor of the California Community Colleges, or his or
her designee.
(e) The Director of the State Department of Alcohol and Drug
Programs, or his or her designee.
(f) The Director of Mental Health, or his or her designee.
(g) A faculty member of the University of California who has
expertise in rehabilitation of criminal offenders, appointed by the
President of the University of California.
(h) A faculty member of the California State University, who has
expertise in rehabilitation of criminal offenders, appointed by the
Chancellor of the California State University.
(i) A county sheriff, appointed by the Governor.
(j) A county chief probation officer, appointed by the Senate
Committee on Rules.
(k) A local government official who provides mental health,
substance abuse, or educational services to criminal offenders,
appointed by the Speaker of the Assembly.
6141. The California Rehabilitation Oversight Board shall meet at
least quarterly, and shall regularly examine the various mental
health, substance abuse, educational, and employment programs for
inmates and parolees operated by the Department of Corrections and
Rehabilitation. The board shall report to the Governor and the
Legislature biannually, on March 15 and September 15, and may submit
other reports during the year if it finds they are necessary. The
reports shall include, but are not limited to, findings on the
effectiveness of treatment efforts, rehabilitation needs of
offenders, gaps in rehabilitation services in the department, and
levels of offender participation and success in the programs. The
board shall also make recommendations to the Governor and Legislature
with respect to modifications, additions, and eliminations of
rehabilitation and treatment programs. In performing its duties, the
board shall use the work products developed for the department as a
result of the provisions of the 2006 Budget Act, including Provision
18 of Item 5225-001-0001.
6125. There is hereby created the independent Office of the
Inspector General which shall not be a subdivision of any other
governmental entity. The Governor shall appoint, subject to
confirmation by the Senate, the Inspector General to a six-year term.
The Inspector General may not be removed from office during that
term, except for good cause.
6126. (a) (1) The Inspector General shall review departmental
policy and procedures, conduct audits of investigatory practices and
other audits, be responsible for contemporaneous oversight of
internal affairs investigations and the disciplinary process, and
conduct investigations of the Department of Corrections and
Rehabilitation, as requested by either the Secretary of the
Department of Corrections and Rehabilitation or a Member of the
Legislature, pursuant to the approval of the Inspector General under
policies to be developed by the Inspector General. The Inspector
General may, under policies developed by the Inspector General,
initiate an investigation or an audit on his or her own accord.
(2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. Each
audit of a warden shall include, but not be limited to, issues
relating to personnel, training, investigations, and financial
matters. Each four-year audit shall include an assessment of the
maintenance of the facility managed by the warden. The audit report
shall include all significant findings of the Inspector General's
assessment of facility maintenance. These audit reports shall be
provided to the Legislature and shall be made public. The
requirements of this paragraph shall be phased in by the Inspector
General so that they are fully met by July 1, 2009.
(b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
(c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
(d) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions and as
superintendents for the state's juvenile facilities.
(e) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the Office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
6126.1. (a) The Inspector General shall establish a certification
program for peace officers under the Inspector General's
jurisdiction. The peace officer training course shall be consistent
with the standard courses utilized by the Commission on Peace Officer
Standards and Training and other major investigative offices, such
as county sheriff and city police departments and the Department of
the California Highway Patrol.
(b) Beginning January 1, 1999, peace officers under the Inspector
General's jurisdiction conducting investigations for the Office of
the Inspector General shall complete investigation training
consistent with standard courses utilized by other major law
enforcement investigative offices and be certified within six months
of employment.
(c) Beginning January 1, 1999, all peace officers under the
Inspector General's jurisdiction shall successfully pass a
psychological screening exam before becoming employed with the Office
of the Inspector General.
6126.2. The Inspector General shall not hire as a peace officer any
person known to be directly or indirectly involved in an open
internal affairs investigation being conducted by any federal, state,
or local law enforcement agency or the Inspector General.
6126.3. (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed audit within three years after
a report is released.
(b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
(c) The following books, papers, records, and correspondence of
the Office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure or
Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of
Title 2 of the Government Code in any manner:
(1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(a) or (b) of Section 6131, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
(2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any audit or
investigation that has not been completed.
(3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
(4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
(5) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to contemporaneous
public oversight pursuant to Section 6133.
6126.4. It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public. This prohibition is also applicable
to any person or business entity that is contracting with or has
contracted with the Inspector General and to the employees and former
employees of that person or business entity or the employees of any
state agency or public entity that has assisted the Inspector General
in the course of any audit or investigation or that has been
furnished a draft copy of any report for comment or review.
6126.5. (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property
of the Department of Corrections and Rehabilitation for any audit,
investigation, inspection, or contemporaneous oversight. Any officer
or employee of any agency or entity having these records or property
in his or her possession or under his or her control shall permit
access to, and examination and reproduction thereof consistent with
the provisions of this section, upon the request of the Inspector
General or his or her authorized representative.
(b) For the purpose of conducting any audit, investigation,
inspection, or contemporaneous oversight, the Inspector General or
his or her authorized representative shall have access to the records
and property of any public or private entity or person subject to
review or regulation by the public agency or public entity being
audited, investigated, or overseen to the same extent that employees
or officers of that agency or public entity have access. No provision
of law or any memorandum of understanding or any other agreement
entered into between the employing entity and the employee or the
employee's representative providing for the confidentiality or
privilege of any records or property shall prevent disclosure
pursuant to subdivision (a). Access, examination, and reproduction
consistent with the provisions of this section shall not result in
the waiver of any confidentiality or privilege regarding any records
or property.
(c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
(d) The Inspector General may require any employee of the
Department of Corrections and Rehabilitation to be interviewed on a
confidential basis. Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee. The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of
Section 3309.5 of the Government Code as if the Inspector General
were the employer, except that the Inspector General shall not be
subject to the provisions of any memorandum of understanding or other
agreement entered into between the employing entity and the employee
or the employee's representative that is in conflict with, or adds
to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and
subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code.
6126.6. (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
Within 90 days of submission by the Governor of those names, the
Inspector General shall advise in confidence to the Governor his or
her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden or superintendent. Those rules and
procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
reputation and integrity which, unless rebutted, would be
determinative of the candidate's unsuitability for appointment. No
rule or procedure shall be adopted that permits the disclosure to the
candidate of information from which the candidate may infer the
source, and no information shall either be disclosed to the candidate
nor be obtainable by any process which would jeopardize the
confidentiality of communications from persons whose opinion has been
sought on the candidate's qualifications.
(e) All communications, written, verbal or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden or superintendent, nor shall anything in this
section be construed as adding any additional qualifications for the
position of warden or superintendent.
(l) Wardens who have been appointed but not yet confirmed as of
July 1, 2005, need not be reappointed to the position after that
date, but are subject to the review process provided in this section.
6127.1. The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any investigation or audit conducted pursuant to this
chapter. The Inspector General shall have authority to hire or
retain counsel to provide confidential advice during audits and
investigations. If the Attorney General has a conflict of interest in
representing the Inspector General in any litigation, the Inspector
General shall have authority to hire or retain counsel to represent
the Inspector General.
6127.3. (a) In connection with an audit, investigation, or
inspection pursuant to this chapter, the Inspector General, or his or
her designee, may do any of the following:
(1) Administer oaths.
(2) Certify to all official acts.
(3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any
investigative interview conducted as part of an audit or
investigation.
(b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the Inspector General, or his or her designee. The
person serving this process may receive compensation as is allowed by
the Inspector General, or his or her designee, not to exceed the
fees prescribed by law for similar service.
6127.4. (a) The superior court in the county in which any
investigative interview is held under the direction of the Inspector
General or his or her designee has jurisdiction to compel the
attendance of witnesses, the making of oral or written sworn
statements, and the production of papers, books, accounts, and
documents, as required by any subpoena issued by the Inspector
General or his or her designee.
(b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General or his or her
designee may petition the superior court in the county in which the
hearing is pending for an order compelling the person to attend and
answer questions under penalty of perjury or produce the papers
required by the subpoena before the person named in the subpoena. The
petition shall set forth all of the following:
(1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
(2) That the person has been subpoenaed in the manner prescribed
in this chapter.
(3) That the person has failed and refused to attend or produce
the papers required by subpoena before the Inspector General or his
or her designee as named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the investigative
interview under penalty of perjury.
(c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required. A copy of the order shall be served upon him
or her. If it appears to the court that the subpoena was regularly
issued by the Inspector General or his or her designee, the court
shall enter an order that the person appear before the person named
in the subpoena at the time and place fixed in the order and answer
questions under penalty of perjury or produce the required papers.
Upon failure to obey the order, the person shall be dealt with as for
contempt of court.
6128. (a) The Office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe an improper governmental activity, as
that term is defined in subdivision (b) of Section 8547.2 of the
Government Code. It is not the purpose of these communications to
redress any single disciplinary action or grievance that may
routinely occur.
(b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections
and Rehabilitation. This telephone number shall be posted by the
department in clear view of all employees and the public. When
appropriate, the Inspector General shall initiate an investigation or
audit of any alleged improper governmental activity. However, any
request to conduct an investigation shall be in writing.
(c) All identifying information, and any personal papers or
correspondence from any person who initiated the investigation shall
not be disclosed, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
6129. (a) (1) For purposes of this section, "employee" means any
person employed by the Department of Corrections and Rehabilitation.
(2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done any
of the following:
(A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
(B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
(C) Has refused to obey an illegal order or directive.
(b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management at the Department of Corrections and
Rehabilitation, the Inspector General shall commence an inquiry into
the complaint and conduct a formal investigation where a legally
cognizable cause of action is presented. All investigations conducted
pursuant to this section shall be performed in accordance with
Sections 6126.5 and 6127.3. The Inspector General may refer all other
matters for investigation by the appropriate employing entity,
subject to investigative oversight by the Inspector General. In a
case in which the employing entity declines to investigate the
complaint, it shall, within 30 days of receipt of the referral by the
Inspector General, notify the Inspector General of its decision. The
Inspector General shall thereafter, conduct his or her own inquiry
into the complaint. If, after reviewing the complaint, the Inspector
General determines that a legally cognizable cause of action has not
been presented by the complaint, the Inspector General shall
thereafter notify the complaining employee and the State Personnel
Board that a formal investigation is not warranted.
(2) When investigating a complaint, in determining whether
retaliation has occurred, the Inspector General or the employing
entity shall consider, among other things, whether any of the
following either actually occurred or were threatened:
(A) Unwarranted or unjustified staff changes.
(B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
(C) Unwarranted or unjustified formal or informal investigations.
(D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
(E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
(3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's or the employing entity's
investigation, or until the complaint is rejected or otherwise
dismissed by the Inspector General or the employing entity. An
employee, however, may not be required to first file a retaliation
complaint with the Inspector General prior to filing a complaint with
the State Personnel Board.
(A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
investigative report to the State Personnel Board, or until the
complaint is rejected or otherwise dismissed by the Inspector General
or the employing entity.
(B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
(c) (1) In a case in which the Inspector General determines, as a
result of his or her own investigation, that an employee has been
subjected to acts of reprisal, retaliation, threats, or similar acts
in violation of this section, the Inspector General shall provide a
copy of the investigative report, together with all other underlying
investigative materials the Inspector General determines to be
relevant, to the appropriate director or chair who shall take
appropriate corrective action. In a case in which the Inspector
General determines, based on an independent review of the
investigation conducted by the employing entity, that an employee has
been subjected to acts of reprisal, retaliation, threats, or similar
acts in violation of this section, the Inspector General shall
submit a written recommendation to the appropriate director or chair
who shall take appropriate corrective action. If the hiring authority
initiates disciplinary action as defined in Section 19570 of the
Government Code, it shall provide the subject with all materials
required by law.
(2) The Inspector General shall publish a quarterly summary of
investigations, with personal identifying information removed,
including, but not limited to, the conduct investigated, any
recommended discipline, and any discipline actually imposed.
(3) Any employee at any rank and file, supervisory, or managerial
level, who intentionally engages in acts of reprisal, retaliation,
threats, coercion, or similar acts against another employee, pursuant
to paragraph (2) of subdivision (a), shall be disciplined by the
employing entity by adverse action as provided in Section 19572 of
the Government Code. The disciplinary action shall require, at a
minimum, a suspension for not less than 30 days without pay, except
in a case in which the employing entity determines that a lesser
penalty is warranted. In that case, the employing entity shall,
within 30 days of receipt of the investigative report, provide
written justification for that decision to the Inspector General. The
employing entity shall also, within 30 days of receipt of the
written report, notify the Inspector General in writing as to what
steps, if any, it has taken to remedy the retaliatory conduct found
to have been committed by any of its employees.
(d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the investigative report from the
Inspector General, and shall notify the Inspector General of the
specific reasons why the director or chair declined to invoke adverse
action proceedings against the employee.
(2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the investigative report, together with all other underlying
investigative materials the Inspector General deems to be relevant,
to the State Personnel Board so that the complaining employee can
request leave to file charges against the employee found to have
engaged in acts of reprisal, retaliation, threats, or similar acts,
in accordance with the provisions of Section 19583.5 of the
Government Code. If the State Personnel Board accepts the complaint,
the board shall provide the charged and complaining parties with a
copy of all relevant materials.
(3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party. If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
(e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.
6131. (a) Upon the completion of any audit conducted by the
Inspector General, he or she shall prepare a written report, which
shall be disclosed, along with all underlying materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Department of Corrections and Rehabilitation, the appropriate
director, chairperson, or law enforcement agency, and the
Legislature. Copies of all those written reports shall be posted on
the Inspector General's Internet Web site within 10 days of being
disclosed to the above-listed entities or persons.
(b) Upon the completion of any investigation conducted by the
Inspector General, he or she shall prepare a complete written report,
which shall be held as confidential and disclosed in confidence,
along with all underlying investigative materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Department of Corrections and Rehabilitation, and the appropriate
director, chairperson, or law enforcement agency.
(c) Upon the completion of any investigation conducted by the
Inspector General, he or she shall also prepare and issue on a
quarterly basis a public investigative report that includes all
investigations completed in the previous quarter. The public
investigative report shall differ from the complete investigative
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the investigation, or where disclosure
of the information is otherwise prohibited by law, and to decline to
produce any of the underlying investigative materials. In a case
where allegations were deemed to be unfounded, all applicable
identifying information shall be redacted. The public investigative
report shall be made available to the public upon request and on a
quarterly basis as follows:
(1) In those cases where an investigation is referred only for
disciplinary action before the State Personnel Board or for other
administrative proceedings, the employing entity shall, within 10
days of receipt of the State Personnel Board's order rendered in
other administrative proceedings, provide the Inspector General with
a copy of the order. The Inspector General shall attach the order to
the public investigative report on his or her Internet Web site and
provide copies of the report and order to the Legislature, as well as
to any complaining employee and any employee who was the subject of
the investigation.
(2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee. The Inspector General shall include the
settlement information in the public investigative report on his or
her Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
(3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General shall
include the decision and rationale in the public investigative report
on his or her Internet Web site and provide copies of the report to
the Legislature, as well as to any complaining employee and any
employee who was the subject of the investigation.
(4) In those cases where an investigation has been referred for
possible criminal prosecution, and the applicable local law
enforcement agency or the Attorney General has decided to commence
criminal proceedings against an employee, the report shall be made
public at a time deemed appropriate by the Inspector General after
consultation with the local law enforcement agency or the Attorney
General, but in all cases no later than when discovery has been
provided to the defendant in the criminal proceedings. The Inspector
General shall thereafter post the public investigative report on his
or her Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the investigation.
(5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact. The Inspector General shall include the
decision in the public investigative report on his or her Internet
Web site and provide copies of the report to the Legislature, as well
as to any complaining employee and any employee who was the subject
of the investigation.
(6) In those cases where an investigation has been referred for
neither disciplinary action or other administrative proceedings, nor
for criminal prosecution, the Inspector General shall include the
decision not to refer the matter in the public investigative report
on his or her Internet Web site and provide copies of the report to
the Legislature, as well as to any complaining employee and any
employee who was the subject of the investigation.
6132. The Inspector General shall report annually to the Governor
and the Legislature a summary of his or her investigations and
audits. The summary shall be posted on the Inspector General's Web
site and otherwise made available to the public upon its release to
the Governor and the Legislature. The summary shall include, but not
be limited to, significant problems discovered by the Inspector
General, and whether recommendations the Inspector General has made
through audits and investigations have been implemented by the
subject agency, department, or board.
6133. (a) There is created within the Office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
(b) The BIR shall be responsible for contemporaneous public
oversight of the Department of Corrections and Rehabilitation
investigations conducted by the Department of Corrections and
Rehabilitation's Office of Internal Affairs. The BIR shall also be
responsible for advising the public regarding the adequacy of each
investigation, and whether discipline of the subject of the
investigation is warranted. The BIR shall have discretion to provide
public oversight of other Department of Corrections and
Rehabilitation personnel investigations as needed.
(c) (1) The BIR shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its oversight of the Department of
Corrections and Rehabilitation allegations of internal misconduct and
use of force. The BIR shall also issue regular reports, no less than
semiannually, summarizing its oversight of Office of Internal
Affairs investigations pursuant to subdivision (b). The reports shall
include, but not be limited to, the following:
(A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
(B) A synopsis of each matter reviewed by the BIR.
(C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR recommendations
regarding disposition and level of discipline.
(D) The report of any settlement and whether the BIR concurred
with the settlement.
(E) The extent to which any discipline was modified after
imposition.
(2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.
6140. There is in the Office of the Inspector General the
California Rehabilitation Oversight Board (C-ROB). The board shall
consist of the 11 members as follows:
(a) The Inspector General, who shall serve as chair.
(b) The Secretary of the Department of Corrections and
Rehabilitation.
(c) The Superintendent of Public Instruction, or his or her
designee.
(d) The Chancellor of the California Community Colleges, or his or
her designee.
(e) The Director of the State Department of Alcohol and Drug
Programs, or his or her designee.
(f) The Director of Mental Health, or his or her designee.
(g) A faculty member of the University of California who has
expertise in rehabilitation of criminal offenders, appointed by the
President of the University of California.
(h) A faculty member of the California State University, who has
expertise in rehabilitation of criminal offenders, appointed by the
Chancellor of the California State University.
(i) A county sheriff, appointed by the Governor.
(j) A county chief probation officer, appointed by the Senate
Committee on Rules.
(k) A local government official who provides mental health,
substance abuse, or educational services to criminal offenders,
appointed by the Speaker of the Assembly.
6141. The California Rehabilitation Oversight Board shall meet at
least quarterly, and shall regularly examine the various mental
health, substance abuse, educational, and employment programs for
inmates and parolees operated by the Department of Corrections and
Rehabilitation. The board shall report to the Governor and the
Legislature biannually, on March 15 and September 15, and may submit
other reports during the year if it finds they are necessary. The
reports shall include, but are not limited to, findings on the
effectiveness of treatment efforts, rehabilitation needs of
offenders, gaps in rehabilitation services in the department, and
levels of offender participation and success in the programs. The
board shall also make recommendations to the Governor and Legislature
with respect to modifications, additions, and eliminations of
rehabilitation and treatment programs. In performing its duties, the
board shall use the work products developed for the department as a
result of the provisions of the 2006 Budget Act, including Provision
18 of Item 5225-001-0001.
