Discipline Monitoring Report 2020-01 Fact Sheet

Roy W. Wesley OIG OFFICE of the Inspector General INSPECTOR GENERAL Bryan B. Beyer Chief Deputy Inspector General Fact Sheet Independent December 10, 2020 Prison Oversight Monitoring Internal Investigations and the Employee Disciplinary Process of the California Department of Corrections and Rehabilitation, January – June 2020 Types of Cases the OIG Monitored and Closed During the Period he Office of the Inspector General (the OIG) T From January Through June 2020 is mandated by the California Penal Code to oversee internal investigations and employee Subject-Only discipline cases of the California Department of Interview 28 Cases (18%) Corrections and Rehabilitation (the department), and to advise the public regarding the adequacy of each investigation and whether employee Direct Action 28 N = 153 77 Administrative discipline is warranted. Since 2005, the OIG has Cases (18%) (50%) Investigations fulfilled its mission to bring transparency to investigations and employee discipline through 20 diligent and trustworthy monitoring, reporting, and (13%) Note: Numbers may not sum to Criminal 100 percent due to rounding. recommending improvements to the department. Investigations Source: The Office of the Inspector General Tracking and Reporting System. The Six Indicators Used to Assess the Department’s Performance Hiring Authorities’ Performance in Discovering and Referring Employee The Office of Internal Affairs’ Department Attorneys’ Misconduct Cases to the Office of Performance in Conducting Performance in Providing Internal Affairs Investigations Legal Advice Indicator 2 Indicator 4 Indicator 6 Indicator 1 Indicator 3 Indicator 5 The Office of Internal Affairs’ Hiring Authorities’ Performance Department Attorneys’ Performance in Processing the in Making Findings on the Performance in Representing Hiring Authorities’ Referrals Allegations, Identifying the the Department During Appropriate Penalty, and Service Litigation of the Disciplinary Action Overall Ratings for the January Through June 2020 Reporting Period Recommendations to Address Departmental Delays in Opening Administrative Investigations in Which There Was Also a Criminal Investigation; to Address Results & Percentages a Lack of Policy Concerning Officers Subject to Restraining Orders; and OOvveerraallll RRaattiinngg:: PPoooorr to Modify the Department’s Executive Review Policy Superior Satisfactory Poor OOvveerraallll WWeeiigghhtteedd AAvveerraaggee:: 6677%% 100% – 80% 70% – 79% 50% – 69% Develop and implement a policy that the Office of Internal Affairs concurrently open and conduct administrative investigations 1. when a related criminal investigation is pending and not wait for the conclusion of the criminal investigation to commence the Indicator 1 – Hiring Authorities 72% administrative investigation. Indicator 2 – Office of Internal Affairs 71% 2. Formulate and implement a policy for the department to manage officers subject to domestic violence restraining orders. Indicator 3 – Office of Internal Affairs 73% Modify departmental policy and limit the ability of a department attorney to challenge and elevate a hiring authority’s decision in Indicator 4 – Hiring Authorities 63% an employee discipline case to three circumstances: when a hiring 3. authority is clearly ignoring critical evidence; when no reasonable Indicator 5 – Department Attorneys 70% person could make the findings the hiring authority made; or if the department attorney believes the hiring authority is acting contrary Indicator 6 – Department Attorneys 63% to policy or law. 0 10 20 30 40 50 60 70 80 10111 Old Placerville Road, Suite 110, Sacramento, California 95827 5 Telephone: (916) 255-1102 5 www.oig.ca.gov