October 2023 – November 2023 Local Inquiry Team Retrospective Reviews

Amarik K. Singh OIG OFFICE of the Inspector General INSPECTOR GENERAL Neil Robertson Chief Deputy Inspector General October 2023 – November 2023 Local Inquiry Team Retrospective Reviews Independent Published in January 2024 Prison Oversight During the October 2023 through November 2023 review period, the OIG’s Local Inquiry Team retrospectively reviewed six random local inquiry cases that were closed by the department in July 2023, in order to assess the department’s performance on local inquiry cases that our office did not contemporaneously monitor. OIG Case Number Rating Assessment 23-0065857-INQ Poor Case Summary On June 14, 2022, an officer allegedly laughed while repeatedly opening an underdressed incarcerated person’s cell door without warning, and in the presence of other incarcerated persons. Case Disposition The hiring authority conducted an inquiry and found insufficient evidence to sustain the allegation. Overall Inquiry Assessment Overall, the department performed poorly. The investigator did not follow departmental training regarding the order for completing interviews and did not include a statement in the inquiry report to explain why. The investigator also failed to interview the incarcerated person’s only identified witness and failed to timely request video evidence within 90 days of the incident. Although body-worn camera was located, surveillance video evidence had been destroyed pursuant to the department’s video retention policy. Only by happenstance was body worn camera video was still available. Although the investigator identified the officer used inappropriate language, the investigator did not investigate the additional finding as potential staff misconduct. Nor did the Office of Internal Affairs’ Allegation Investigation Unit or hiring authority identify and instruct the investigator to investigate the potential staff misconduct. The department did not complete its inquiry within the 90-day goal with the investigator taking 340 days to complete the draft inquiry report. Additionally, the investigator failed to identify and include in the inquiry report applicable departmental policies. Page 1 of 4 10111 Old Placerville Road, Suite 110, Sacramento, California 95827 5 Telephone: (916) 288-4233 5 www.oig.ca.gov Amarik K. Singh OIG OFFICE of the Inspector General INSPECTOR GENERAL Neil Robertson Chief Deputy Inspector General October 2023 – November 2023 Local Inquiry Team Retrospective Reviews Published in January 2024 Independent Prison Oversight OIG Case Number Rating Assessment 23-0066463-INQ Poor Case Summary On December 19, 2022, two officers allegedly refused to allow an incarcerated person to speak to a sergeant. Case Disposition The hiring authority conducted an inquiry and found insufficient evidence to sustain the allegation. Overall Inquiry Assessment Overall, the department performed poorly. The incarcerated person’s grievance included three complaints. The Centralized Screening Team determined two of the three complaints fell under the Allegation Decision Index and warranted a referral to the Office of Internal Affairs’ Allegation Investigation Unit for investigation, while the allegation that an officer allegedly refused to allow an incarcerated person to speak to a sergeant was forwarded to the hiring authority for a local inquiry. The Centralized Screening Team received the complaint on December 23, 2022, but the hiring authority did not issue a decision on the local inquiry until June 22, 2023, 181 days thereafter, and 91 days beyond the department goal. This was largely the result of the locally designated investigator’s 87-day delay in submitting the draft inquiry report to the Office of Internal Affairs’ Allegation Investigation Unit for review. OIG Case Number Rating Assessment 23-0067073-INQ Poor Case Summary On March 11, 2023, an officer allegedly used discourteous language toward an incarcerated person. Case Disposition The hiring authority conducted an inquiry and determined there was insufficient evidence to sustain the allegation. Overall Inquiry Assessment Overall, the department performed poorly. The investigator did not include in the inquiry report any applicable departmental policies and procedures, a required notice of interview to the officer, or summarize why the officer responded to the incarcerated person by using offensive language, if it was not for the purpose of insulting the incarcerated person. The investigator also did not adequately inquire into Page 2 of 4 10111 Old Placerville Road, Suite 110, Sacramento, California 95827 5 Telephone: (916) 288-4233 5 www.oig.ca.gov Amarik K. Singh OIG OFFICE of the Inspector General INSPECTOR GENERAL Neil Robertson Chief Deputy Inspector General October 2023 – November 2023 Local Inquiry Team Retrospective Reviews Published in January 2024 Independent Prison Oversight the incarcerated person’s allegation the officer was discourteous toward him on prior occasions. The Office of Internal Affairs’ Allegation Investigation Unit manager did not recognize the inquiry report lacked reference to any applicable departmental policies and procedures. OIG Case Number Rating Assessment 23-0066459-INQ Satisfactory Case Summary On March 14, 2023, two officers allegedly ignored an incarcerated person’s medical call light and request for assistance while the incarcerated person was experiencing a seizure. Case Disposition The hiring authority conducted an inquiry and found insufficient evidence to sustain the allegation. Overall Inquiry Assessment Overall, the department performed satisfactorily. OIG Case Number Rating Assessment 23-0065954-INQ Poor Case Summary On March 18, 2023, a lieutenant allegedly wrongfully terminated an incarcerated person’s family visit while being verbally disrespectful. In addition, the lieutenant and an officer threatened to search the incarcerated person’s cell in retaliation for the incarcerated person embarrassing the lieutenant in front of his coworkers. Case Disposition The hiring authority conducted an inquiry and found insufficient evidence to sustain the allegations. Overall Inquiry Assessment Overall, the department performed poorly. The hiring authority assigned an investigator that held the same rank as one of the subjects, who was a lieutenant. The department’s regulations require that the investigator shall be at least one rank higher than the highest-ranking subject allegedly involved in the misconduct. In addition, the investigator did not obtain and review video footage due to the department deleting Page 3 of 4 10111 Old Placerville Road, Suite 110, Sacramento, California 95827 5 Telephone: (916) 288-4233 5 www.oig.ca.gov Amarik K. Singh OIG OFFICE of the Inspector General INSPECTOR GENERAL Neil Robertson Chief Deputy Inspector General October 2023 – November 2023 Local Inquiry Team Retrospective Reviews Published in January 2024 Independent Prison Oversight the video footage after retaining it for only 10 days when departmental policy requires body-worn camera and video recordings to be retained for 90 days. The investigator failed to identify and include in the inquiry report all applicable departmental policies related to this incident. Lastly, the date of the hiring authority’s decision in the closure memorandum predates the date the hiring authority approved the inquiry report. OIG Case Number Rating Assessment 23-0067092-INQ Poor Case Summary On May 6, 2023, two officers allegedly harassed an incarcerated person during a cell search. The officers allegedly confiscated a pet lizard, laughed, and made unprofessional comments towards the incarcerated person, and refused to call a sergeant when the incarcerated person requested it. Case Disposition The hiring authority conducted an inquiry and found insufficient evidence to sustain the allegations. Overall Inquiry Assessment Overall, the department performed poorly. The investigator’s inquiry report did not include departmental policies regarding cell searches and did not summarize the officers’ understanding of those policies. The inquiry report did not include a required notice of interview to either officer. The Office of Internal Affairs’ Allegation Investigation Unit manager failed to recognize the draft inquiry report did not include departmental policies regarding cell searches. Page 4 of 4 10111 Old Placerville Road, Suite 110, Sacramento, California 95827 5 Telephone: (916) 288-4233 5 www.oig.ca.gov