OIG
Staff Misconduct Monitoring Report, January – June 2025
Read the report at CDCR ↗
Amarik K. Singh, Inspector General Shaun Spillane, Chief Deputy Inspector General
of the
OFFICE
OIG
INSPECTOR GENERAL
Independent Prison Oversight December 2025
Monitoring Internal Investigations, Staff
Misconduct Complaint Investigations,
and the Employee Disciplinary Process
of the California Department
of Corrections and
Rehabilitation
Semiannual Report
January – June 2025
Electronic copies of reports published by the Office of the Inspector General
are available free in portable document format (PDF) on our website.
We also offer an online subscription service.
For information on how to subscribe,
visit www.oig.ca.gov.
For questions concerning the contents of this report,
please contact Shaun Spillane, Public Information Officer,
at 916-288-4212.
Connect with us on social media
STATE of CALIFORNIA
OIG OFFICE of the Amarik K. Singh, Inspector General
INSPECTOR GENERAL Shaun Spillane, Chief Deputy Inspector General
Independent Prison Oversight
Regional Offices
Sacramento
Bakersfield
Rancho Cucamonga
December 3, 2025
The Governor of California
President pro Tempore of the Senate
Speaker of the Assembly
State Capitol
Sacramento, California
Dear Governor and Legislative Leaders:
Enclosed find the Office of the Inspector General’s report titled Monitoring Internal
Investigations, Staff Misconduct Complaint Investigations, and the Employee Disciplinary Process
of the California Department of Corrections and Rehabilitation. This is our 41st semiannual
report, issued pursuant to California Penal Code section 6126 (a) et seq., which summarizes
the department’s performance in conducting internal investigations into allegations of staff
misconduct and handling the employee disciplinary process in cases that we monitored and
closed from January 1, 2025, through June 30, 2025.
We assessed the overall performance of the three entities within the department responsible
for conducting internal investigations and managing the employee disciplinary process: hiring
authorities (such as prison wardens), the Office of Internal Affairs, and department attorneys.
We used three performance indicators, one for each entity, to determine the department’s
overall performance rating for each case. The OIG’s assessment is based on the department’s
adherence to laws, its own policies, and the OIG’s opinion of what constituted sound
investigative practice and appropriate disciplinary processes and outcomes.
We introduced a new ratings system during this reporting period. Instead of rating each entity’s
performance as sufficient, sufficient with recommendations, or insufficient, we rated each entity as
adequate, improvement needed, or inadequate.
We have also internally merged our team that monitors cases referred by hiring authorities
to the traditional section of the Office of Internal Affairs, with our team that monitors cases
involving allegations of staff misconduct raised by incarcerated people that are routed by the
Centralized Screening Team to the Allegation Investigation Unit. Our combined team consists
of skilled attorneys with a broad range of experience in a variety of legal disciplines including
employment law, criminal law, administrative law, and civil law. Starting with this report, we
will summarize our monitoring activities for administrative disciplinary cases, criminal cases,
and investigations that originated with a complaint against staff in a single report.
Gavin Newsom, Governor
10111 Old Placerville Road, Suite 110
Sacramento, California 95827
Telephone: (916) 288-4212
www.oig.ca.gov
Governor and Legislative Leaders
December 3, 2025
Monitoring Internal Investigations and the Employee Disciplinary Process
Page 2
Of the 199 administrative disciplinary and criminal cases we monitored and closed, we rated
the department’s overall performance adequate in 28 cases, improvement needed in 85 cases, and
inadequate in 86 cases.
Of the 89 staff misconduct complaint cases we monitored and closed, we rated the department’s
overall performance adequate in 10 cases, improvement needed in 31 cases, and inadequate in
48 cases. The OIG found the performance of hiring authorities inadequate in 32 of 88 cases, or
36 percent (one of the 89 cases was concluded without being submitted to the hiring authority
for a decision).
This report also discusses the risks the department faces with its volume of cases currently
pending with the Allegation Investigation Unit. As of June 30, 2025, this unit had more than
10,000 open investigations and was opening new investigations at a much faster rate than
it was completing investigations. This disparity created a backlog of investigations that the
department could not complete within the one-year statute of limitations for the department
to take disciplinary action against peace officers who engaged in misconduct. The problem is
exacerbated by the department’s practice of performing duplicative investigations when more
than one person reports or complains about the same misconduct.
To its credit, the department has been transparent about its backlog of investigations and
appears to be taking the matter very seriously. This report describes several processes and
proposed fixes the department is in the process of testing and implementing to both reduce the
backlog of open investigations and expedite its investigative process.
Finally, the report also presents some preliminary data regarding the department’s Centralized
Allegation Resolution Unit—a new unit staffed with independent hiring authorities responsible
for reviewing investigative reports from the Allegation Investigation Unit and making
disciplinary findings. Early data regarding this new unit’s performance appears to show
improvements in the thoroughness and timeliness with which hiring authorities are reviewing
investigative reports and making disciplinary decisions, as well as an increase of allegations of
misconduct being sustained.
We encourage feedback from our readers and strive to publish reports that not only meet
our statutory mandates but also offer concerned parties a tool for improvement. For more
information about the Office of the Inspector General, including all our published reports,
please visit our website at www.oig.ca.gov.
Sincerely,
Amarik K. Singh
Inspector General
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | iii
Contents
Illustrations v
Introduction 1
The Department’s Investigative and Disciplinary Process 3
Assessing Departmental Stakeholders 7
Summary 9
The Hiring Authority 11
Hiring Authorities Delayed the Investigative and Disciplinary
Process in Most Cases 13
Hiring Authorities Made Poor Decisions Regarding Investigative
and Disciplinary Findings 16
The OIG Invoked Executive Review in Nine Cases This
Reporting Period 21
The Office of Internal Affairs 27
Delays During the Investigative Process Contributed to Negative
Assessments of the Office of Internal Affairs 29
The Office of Internal Affairs Could Improve the Thoroughness
of Their Investigations by Properly Consulting With Stakeholders
During the Investigative Process 31
The Allegation Investigation Unit Unnecessarily Increased
Investigators’ Caseloads by Creating Additional and
Duplicative Investigations and Splitting Related Allegations into
Separate Investigations 34
The Employment Advocacy and Prosecution Team 41
Vertical Advocates Frequently Delayed the Disciplinary Process 43
We Frequently Disagreed With the Recommendations the
Department Attorneys Provided to Hiring Authorities 45
Vertical Advocates Prosecuted More Disciplinary Cases Than in the
Last Reporting Period, but Demonstrated Some Room
for Improvement 47
Office of the Inspector General, State of California
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iv | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
Initial Data Shows Regional Hiring Authorities Within the
Department’s New Centralized Allegation Resolution Unit
Are Reviewing Investigations In a More Thorough and
Timely Manner 49
During This Reporting Period, the OIG Monitored
Investigations Opened in Response to a Lawsuit Filed by
Formerly Incarcerated People Alleging Sexual Assault,
Harassment, and Misconduct at Women’s Prisons 53
The OIG Found the Office of Legal Affairs Significantly Delayed
Referring Matters to the Office of Internal Affairs for Investigation 54
Conclusion 57
Appendix A 59
Page 50 of Report as Originally Published on December 3, 2025 59
Page 51 of Report as Originally Published on December 3, 2025 60
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | v
Illustrations
Figures
1. Descriptions of Possible Disciplinary Findings 5
2. Types of Cases the OIG Monitored and Closed From
January 2025 Through June 2025 10
3. Time Line of CARU Proliferation at Prisons 50
4. Investigations Received and Returned 51
5. Allegations Addressed 51
Tables
1. Overall Performance Ratings by Case Type 10
2. Hiring Authority Performance Ratings 12
3. Office of Internal Affairs Performance Ratings 28
4. Department Attorney Performance Ratings 42
Graphics
The OIG’s Mandates vi
Office of the Inspector General, State of California
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vi | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
T
he Inspector General
shall be responsible for contemporaneous
oversight of internal affairs investigations and
the disciplinary process of the Department of
Corrections and Rehabilitation, pursuant to
Section 6133 under policies to be developed by
the Inspector General.
(California Penal Code section 6126 (a))
The Office of the Inspector General 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 Office of the
Inspector General 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.
(California Penal Code section 6133 (a))
The Office of the Inspector General shall also
issue regular reports, no less than semiannually,
summarizing its oversight of Office of Internal
Lady Justice
Affairs investigations pursuant to subdivision (a).
(California Penal Code section 6133 (b) (1))
— State of California
Excerpted from Penal Code sections
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 1
Introduction
California Penal Code sections 6126 and 6133 mandate that the
Office of the Inspector General (the OIG) provide oversight of the
California Department of Corrections and Rehabilitation’s (the
department’s) investigations. Section 6126 (i) also directs that we
“provide contemporaneous oversight of grievances that fall within
the department’s process for reviewing and investigating inmate
allegations of staff misconduct and other specialty grievances, examining
compliance with regulations, department policy, and best practices.”
Our office monitors internal affairs investigations, both criminal and
administrative, as well as any disciplinary processes the department
initiates in cases where misconduct is found to have occurred. The
department also has a process by which an incarcerated person, a
parolee, or any third party can submit an allegation of staff misconduct
to the department for review and handling. Experienced OIG attorneys
with diverse legal backgrounds, such as in administrative law, criminal
prosecution and defense, and civil litigation, monitor all these processes.
In doing so, our attorneys assess the performance of three entities (the
hiring authority, the Office of Internal Affairs, and the department
attorney) involved in the inception of a case, when an investigation is
launched, and in the disciplinary phase, when a case is concluded.
Providing valuable, real-time feedback and recommendations to the
department, OIG attorneys evaluate whether investigators conduct
thorough and timely investigations, whether department attorneys
provide appropriate advice to investigators and hiring authorities and
effectively litigate disciplinary actions, and whether hiring authorities
make reasonable decisions about investigative findings, choose
appropriate penalties, and reach appropriate settlement agreements.
California Penal Code section 6133 (a) requires that our office advise
the public about the adequacy of the department’s internal affairs
investigations we monitor and whether discipline in those cases was
warranted. The mandate requires that we issue regular reports, no less
than semiannually, summarizing our oversight of the department’s
Office of Internal Affairs’ investigations. We satisfy these statutory
requirements by publishing our discipline monitoring reports twice
a year.
This report covers the OIG’s monitoring and assessment of its
administrative employee disciplinary cases, including those originating
from staff misconduct complaints and criminal investigations we
assessed between January 1, 2025, and June 30, 2025. In addition,
each month we publish our findings on our website as they pertain
to individual cases. These findings and assessments can be found
at www.oig.ca.gov by accessing the Data Explorer tab, followed by
Case Summaries.
Office of the Inspector General, State of California
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Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 3
The Department’s Investigative and
Disciplinary Process
The department’s investigative process begins when the department
discovers allegations of employee misconduct. There are two main ways
in which the department discovers allegations of misconduct. First,
the hiring authority can discover potential misconduct after reviewing
incidents that occur at their facility or in the field, from other staff who
report misconduct, or from contact with outside law enforcement. If a
hiring authority discovers an allegation of employee misconduct and
determines there is a reasonable belief that misconduct occurred, the
hiring authority must refer the allegations to the traditional section
of the Office of Internal Affairs for review. Second, any individual
can make an allegation of staff misconduct and submit a complaint to
the department. Incarcerated people and supervised people generally
utilize the department’s grievance and appeal process, while third-
party individuals and groups can submit complaints through the
citizen complaint process or by directly contacting a hiring authority
or the Office of Internal Affairs. These complaints are routed to the
department’s Centralized Screening Team for review.
After proceeding through various routing mechanisms, all allegations
of staff misconduct—acts that violate a law, regulation, departmental
policy, or ethical or professional standard—are routed for investigation
by different entities within the department.
The Office of Internal Affairs Field Operations/Special Investigation
Unit (referred to as the traditional section of the Office of Internal
Affairs throughout this report) generally investigates allegations of staff
misconduct that are not directed toward an incarcerated or supervised
person, allegations of criminal misconduct, and four of the most serious
types of allegations that are directed toward an incarcerated person:
sexual violence; involvement in a coordinated effort to prohibit the
reporting of misconduct; intimidating, dissuading, or threatening
witnesses; and misconduct resulting in significant injury or death. The
OIG monitors the investigative and disciplinary process for the most
egregious allegations of misconduct investigated by the Office of Internal
Affairs. The cases the OIG identifies for monitoring from the traditional
section of the Office of Internal Affairs are referred to as administrative
disciplinary and criminal cases throughout this report.
The Allegation Investigation Unit generally investigates the remainder
of the most serious allegations of staff misconduct directed toward
incarcerated and supervised people that do not rise to the level of
criminal misconduct, but still require formal internal investigation.
These cases often involve allegations of dishonesty, excessive
or unnecessary force, retaliation, discrimination, harassment,
over-familiarity, introduction of contraband, and sexual misconduct.
Office of the Inspector General, State of California
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4 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
The cases the OIG identifies for monitoring from the Allegation
Figure 1.
Investigation Unit are referred to as staff misconduct complaint cases
throughout this report.
Descriptions of Possible Disciplinary Findings
Less serious allegations of staff misconduct are referred for a routine
review by local prison staff. The OIG monitors a sample of these routine
The complainant failed to disclose promised information
reviews and reports on them through a separate annual report and
to further the investigation; the investigation revealed
individual case summaries published quarterly on the OIG’s website. that another agency was involved, and the complainant
has been referred to that agency; the complainant
No Finding
wishes to withdraw the complaint; the complainant
Regardless of the process by which allegations of employee misconduct
refuses to cooperate with the investigation; or the
are identified and opened for investigation, all cases referred to the
complainant is no longer available for clarification of
traditional section of the Office of Internal Affairs, and the Allegation facts/issues.
Investigation Unit are assigned to an investigator who conducts
interviews and gathers evidence. The investigator consults with an OIG
The investigation failed to disclose a preponderance of
attorney on cases the OIG monitors, and consults with a department Not Sustained evidence to prove or disprove the allegation made in the
attorney on cases the Employment Advocacy and Prosecution Team complaint.
designates for assignment. Once the investigation has concluded, the
investigator completes a report and forwards it to the hiring authority
The investigation conclusively proved that the act(s)
for review. The hiring authority meets with both the OIG attorney and alleged did not occur, or the act(s) may have, or in fact,
Unfounded
the department attorney to discuss disciplinary findings. The hiring occurred but the individual employee(s) named in the
complaint(s) was not involved.
authority makes a finding of sustained, not sustained, exonerated, no
finding, or unfounded for each allegation. A description of each finding
The facts, which provided the basis for the complaint or
is listed in Figure 1 on the next page.
allegation, did in fact occur; however, the investigation
Exonerated
revealed that the actions were justified, lawful, and
proper.
The investigation disclosed a preponderance of
Sustained evidence to prove the allegation(s) made in the
complaint.
Source: Department of Corrections and Rehabilitation’s Department Operations
Manual, Section 33030.13.1 (Investigative Findings).
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January– June 2025 | 5
The cases the OIG identifies for monitoring from the Allegation
Figure 1.
Investigation Unit are referred to as staff misconduct complaint cases
throughout this report.
Descriptions of Possible Disciplinary Findings
Less serious allegations of staff misconduct are referred for a routine
review by local prison staff. The OIG monitors a sample of these routine
The complainant failed to disclose promised information
reviews and reports on them through a separate annual report and
to further the investigation; the investigation revealed
individual case summaries published quarterly on the OIG’s website. that another agency was involved, and the complainant
has been referred to that agency; the complainant
No Finding
wishes to withdraw the complaint; the complainant
Regardless of the process by which allegations of employee misconduct
refuses to cooperate with the investigation; or the
are identified and opened for investigation, all cases referred to the
complainant is no longer available for clarification of
traditional section of the Office of Internal Affairs, and the Allegation facts/issues.
Investigation Unit are assigned to an investigator who conducts
interviews and gathers evidence. The investigator consults with an OIG
The investigation failed to disclose a preponderance of
attorney on cases the OIG monitors, and consults with a department Not Sustained evidence to prove or disprove the allegation made in the
attorney on cases the Employment Advocacy and Prosecution Team complaint.
designates for assignment. Once the investigation has concluded, the
investigator completes a report and forwards it to the hiring authority
The investigation conclusively proved that the act(s)
for review. The hiring authority meets with both the OIG attorney and alleged did not occur, or the act(s) may have, or in fact,
Unfounded
the department attorney to discuss disciplinary findings. The hiring occurred but the individual employee(s) named in the
complaint(s) was not involved.
authority makes a finding of sustained, not sustained, exonerated, no
finding, or unfounded for each allegation. A description of each finding
The facts, which provided the basis for the complaint or
is listed in Figure 1 on the next page.
allegation, did in fact occur; however, the investigation
Exonerated
revealed that the actions were justified, lawful, and
proper.
The investigation disclosed a preponderance of
Sustained evidence to prove the allegation(s) made in the
complaint.
Source: Department of Corrections and Rehabilitation’s Department Operations
Manual, Section 33030.13.1 (Investigative Findings).
When a hiring authority sustains at least one allegation, the hiring
authority determines the appropriate discipline by referring to guidelines
listed in the department’s disciplinary matrix. The department attorney
drafts a disciplinary action, and the department serves the disciplinary
action on the employee who committed misconduct. The employee
can then request a predeprivation hearing, otherwise known as a Skelly
hearing, which provides the employee with the opportunity to present
facts or arguments in favor of reducing or revoking discipline. After the
disciplinary action takes effect, the employee can file an appeal with the
State Personnel Board, through which an evidentiary hearing is later
conducted. At the hearing, the department has the burden of proving the
allegations in the disciplinary action by a preponderance of evidence.
Office of the Inspector General, State of California
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6 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
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Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January– June 2025 | 7
Assessing Departmental Stakeholders
The OIG assesses the department’s performance in investigating and
disciplining employees for misconduct. We use standardized assessment
questions to assess each of the three departmental stakeholders and
summarize our findings holistically. The three entities we assess are
• The hiring authority: responsible for making investigative
findings and imposing discipline.
• The Office of Internal Affairs: responsible for investigating
allegations of staff misconduct.
• The Employee Advocacy and Prosecution Team: responsible for
prosecuting sustained allegations of misconduct and providing
legal advice.
At the conclusion of our monitoring of each case, we provide an
individual rating of either adequate, improvement needed, or inadequate
for each of these three entities. In general, an adequate rating means the
OIG did not identify any significant deficiencies. An improvement needed
rating means the OIG found significant deficiencies, but the deficiencies
did not appear to cause a negative outcome for the department or for the
case. An inadequate rating means the OIG found significant deficiencies
that caused a negative outcome for either the department or the case.
If the department failed to consult with the OIG, for example by not
providing the OIG with a critical document or to attend a critical
investigative or disciplinary event, it will receive an inadequate rating.
The following are examples of negative outcomes that could cause a
case to be rated inadequate: the department allowed the deadline to take
disciplinary action to expire before disciplinary action could be taken;
the department failed to dismiss an employee who should have been
dismissed; or the department delayed an investigation or service of
disciplinary action, thereby causing an employee who had committed
serious misconduct to either spend an excessive amount of time on
administrative time off or be redirected from a post within the secure
perimeter of a prison to the mail room.
After considering the individual ratings for each of the three entities
we assess (the hiring authority, the Office of Internal Affairs, and the
department attorney), we determine an overall rating for the case. The
overall rating of a case is equal to the worst performance indicator. For
example, if any of the three performance indicators is rated inadequate,
we rate the entire case inadequate. Likewise, if the lowest rated
performance indicator is improvement needed, we rate the entire case
improvement needed.
Office of the Inspector General, State of California
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Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 9
Summary
In this reporting period, the OIG monitored and closed
199 administrative disciplinary cases and criminal cases (not including
the 92 cases related to a lawsuit discussed later in this report) and 89 staff
misconduct complaint cases, for a total of 288 cases. Our assessment of
these cases is as follows:
• Administrative Disciplinary Cases and Criminal Cases
○ The department’s performance was rated adequate
in 28 of the 199 cases, or 14 percent.
○ The department’s performance was rated
improvement needed in 85 of the 199 cases, or
43 percent.
○ The department’s performance was rated inadequate
in 86 of the 199 cases, or 43 percent.
• Staff Misconduct Complaint Cases
○ The department’s performance was rated adequate
in 10 of the 89 cases, or 11 percent.
○ The department’s performance was rated
improvement needed in 31 of the 89 cases, or
35 percent.
○ The department’s performance was rated inadequate
in 48 of the 89 cases, or 54 percent.
Table 1 on the next page shows the department’s overall ratings by case
type. Figure 2 on the next page shows the number and types of cases we
monitored and closed.
Office of the Inspector General, State of California
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10 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
Table 1. Overall Performance Ratings by Case Type
Improvement
Case Type Adequate Inadequate Total
Needed
Administrative
8% (14 cases) 48% (82 cases) 44% (76 cases) 100% (172 cases)
Disciplinary
Criminal 52% (14 cases) 11% (3 cases) 37% (10 cases) 100% (27 cases)
Staff Misconduct
11% (10 cases) 35% (31 cases) 54% (48 cases) 100% (89 cases)
Complaint
Totals 13% (38 cases) 40% (116 cases) 47% (134 cases) 100% (288 cases)
Source: The Office of the Inspector General Tracking and Reporting System.
Figure 2. Types of Cases the OIG Monitored and Closed From January 2025 Through June 2025
Criminal Investigation Cases
27
(9%)
Staff Misconduct Administrative
Complaint Cases Disciplinary Cases
89 N = 288 172
Cases
(31%) (60%)
Source: The Office of the Inspector General Tracking and Reporting System.
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 11
The Hiring Authority
Hiring authorities are individuals within the department who are
authorized to hire, dismiss, and discipline employees. Hiring authorities
are responsible for timely referring allegations to the Office of Internal
Affairs when they have a reasonable belief misconduct occurred. Hiring
authorities are also responsible for reviewing the investigative report
and evidence gathered by the Office of Internal Affairs, making findings
regarding allegations of misconduct, determining the appropriate level
of discipline, and deciding whether to enter into a settlement agreement
with the disciplined employee. The OIG assesses the performance of
hiring authorities throughout this process.
The OIG monitors the performance of hiring authorities from the time
a hiring authority receives a completed investigation from the Office of
Internal Affairs through the cessation of any employee discipline-related
proceedings. In most cases we monitor, the sole hiring authority is
a warden.
After the Office of Internal Affairs completes an administrative
investigation or returns a case to the hiring authority to address
misconduct allegations without an investigation or interview of the
employee, the hiring authority must determine whether the investigation
was sufficient, make findings concerning the allegations, identify the
appropriate penalty, and serve the disciplinary action if discipline
was ordered.
Before holding the investigative and disciplinary findings conference,
a hiring authority is required to review available evidence regarding
the misconduct allegations. At the conference, the hiring authority
consults with the department attorney, if one is assigned, and the OIG
attorney. The hiring authority then determines whether there is enough
evidence to make decisions regarding the allegations, and if the Office of
Internal Affairs submitted a report, whether the report is sufficient or if
additional investigation is necessary. If the hiring authority determines
there is sufficient evidence and the investigative report is sufficient,
the hiring authority makes findings regarding the allegations. If the
hiring authority sustains any allegation, the hiring authority determines
whether to impose corrective action or discipline, and if so, the specific
action to be taken.
During this reporting period, the OIG monitored 199 administrative
disciplinary and criminal cases and 89 staff misconduct complaint cases.
For administrative disciplinary and criminal cases, we rated the hiring
authority’s performance as adequate in 71 cases, improvement needed in
67 cases, and inadequate in 61 cases. Hiring authorities’ performance
was rated as either adequate or improvement needed in 138 or 69 percent
Office of the Inspector General, State of California
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12 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
of cases, which declined since the last reporting period. In the last
reporting period, we rated hiring authority performance as sufficient or
sufficient with recommendations in 74 percent of cases.
For staff misconduct complaint cases, we rated the hiring authority’s
performance as adequate in 32 cases, improvement needed in 24 cases,
and inadequate in 32 cases. We did not rate the hiring authority’s
performance in one of the 89 cases because the hiring authority did
not have an opportunity to make a decision. Therefore, we rated the
hiring authority’s performance as inadequate in 36 percent of 88 cases.
By way of comparison, in 2024, we found hiring authorities performed
poorly in 64 percent of staff misconduct complaint cases we monitored,
demonstrating a marked improvement over the last reporting period.
Therefore, of a combined 287 administrative disciplinary, criminal,
and staff misconduct complaint cases, we rated hiring authorities’
performance as adequate in 36 percent of cases, improvement needed in 32
percent of cases, and inadequate in 32 percent of cases. For a breakdown
of hiring authority ratings see Table 2 below (note: percentages may not
total 100% due to rounding).
Table 2. Hiring Authority Performance Ratings
Improvement
Case Type Adequate Inadequate Total
Needed
Administrative
Disciplinary and 36% (71 cases) 34% (67 cases) 31% (61cases) 100% (199 cases)
Criminal
Staff Misconduct
36% (32 cases) 27% (24 cases) 36% (32 cases) 100% (88 cases)
Complaint
Totals 36% (103 cases) 32% (91 cases) 32% (93 cases) 100% (287 cases)
Source: The Office of the Inspector General Tracking and Reporting System.
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 13
Hiring Authorities Delayed the Investigative and
Disciplinary Process in Most Cases
As has been the case in prior reports, one of the most common types of
delays we observed was that hiring authorities delayed conducting the
investigative and disciplinary findings conference. Departmental policy
requires that the hiring authority refer matters of suspected misconduct
to the Office of Internal Affairs within 45 days of discovering the
alleged misconduct, conduct the investigative and disciplinary findings
conference no more than 14 calendar days after receipt of the final
investigative report, and serve peace officers with disciplinary actions
within 30 days of deciding to impose discipline.
Administrative Disciplinary Cases
In this reporting period, hiring authorities failed to handle the
investigative and disciplinary process without undue delay in 105 of 172
administrative disciplinary cases, or 61 percent of the cases we
monitored. The following are examples of inadequate cases in which the
department delayed the process.
OIG Case No. 20-0033815-DM
A parole agent allegedly submitted a report falsely stating that charges
against a parolee had been dismissed and lied to a supervisor by falsely
stating a person the parolee had battered did not wish to press charges
or testify against the parolee. The parole agent also allegedly lied to
the investigator during an interview by denying that the battery victim
wanted to press charges. The hiring authority sustained the allegations
and dismissed the parole agent. The OIG concurred with the hiring
authority’s decisions. After an evidentiary hearing, the State Personnel
Board and superior court upheld the parole agent’s dismissal.
Even though the allegations were serious enough to warrant dismissal
if sustained, the hiring authority did not conduct the investigative
and disciplinary findings conference until 105 days after receiving
the investigative report. The investigator referred the matter to the
hiring authority on October 22, 2020. However, the hiring authority
did not conduct the investigative and disciplinary findings conference
until February 4, 2021, 91 days after policy required. The department
redirected the parole agent to another position while the investigation
was conducted due to the nature of the allegations but paid the parole
agent his full salary during the pendency of the investigation. The hiring
authority also placed the parole agent on administrative time off after
deciding to dismiss the parole agent, and the parole agent remained on
administrative time off until his dismissal became effective.
Office of the Inspector General, State of California
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14 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
OIG Case No. 23-0063228-DM
An officer was allegedly inattentive while on duty and allegedly made
racially offensive and inappropriate statements and hand gestures. The
first officer, a third officer, a fourth officer, a fifth officer, and a sixth
officer allegedly were present and heard the inappropriate comments
made by the second officer but failed to report his misconduct.
The hiring authority sustained the allegations and imposed salary
reductions on each of the officers except the fifth officer. The OIG
concurred, except regarding the fifth officer. The disciplined officers
filed appeals with the State Personnel Board. Before the State Personnel
Board proceedings, the department entered into settlement agreements
with the officers reducing the amount of their salary reductions.
The hiring authority delayed multiple phases of the investigative and
disciplinary process in this case. First, the hiring authority delayed
referring the matter to the traditional section of the Office of Internal
Affairs for investigation until 111 days after policy required. Then, after
receiving the completed investigation, the hiring authority delayed
conducting the investigative and disciplinary findings conference until
28 days after policy required. Finally, the department did not serve
the disciplinary actions on the officers within 30 days of the decision
to take disciplinary action. On March 6, 2024, the hiring authority
decided to impose discipline. However, the department did not serve the
disciplinary action against the first officer until April 18, 2024, which was
after the deadline to impose discipline expired. The department served
the disciplinary action against the second officer on May 21, 2024, 76 days
after the decision and 46 days after policy required. The department
served the disciplinary action against the third officer on May 22, 2024,
77 days after the decision and 47 days after policy required. The
department served the disciplinary action against the fourth officer on
April 17, 2024, 42 days after the decision and 12 days after policy required.
The department served the disciplinary action against the sixth officer on
June 11, 2024, 97 days after the decision and 67 days after policy required.
Staff Misconduct Complaint Cases
In 40 of 88 staff misconduct complaint cases we monitored, the hiring
authority failed to consult with the OIG and the department attorney
regarding investigative and disciplinary findings within 14 calendar
days after receipt of the final investigative report, which was 45 percent
of the time. This was a slight improvement from 2024, when we found
that hiring authorities failed to timely conduct the investigative and
disciplinary findings conference 50 percent of the time. An example is
discussed below.
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OIG Case No. 24-0071585-INV
An officer allegedly lied in a report about an incident involving an
incarcerated person and subsequently lied about it in an interview
with an investigator. The hiring authority sustained the allegations and
dismissed the officer.
Even though the allegations were serious and would subject an employee
to dismissal, the hiring authority significantly delayed making a decision
about the case. The hiring authority did not hold the investigative and
disciplinary findings conference until five months and 13 days after the
investigator completed the investigation.
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Hiring Authorities Made Poor Decisions
Regarding Investigative and Disciplinary Findings
During the disciplinary process, the hiring authority’s most critical
functions are deciding whether to sustain allegations, deciding whether
to impose discipline, and deciding the type of discipline to impose. In
this reporting period, unreasonable decisions played a significant role in
our negative assessments. Of the 61 administrative disciplinary cases in
which we rated hiring authority performance as inadequate, 19 involved
instances in which we found the hiring authorities made unreasonable
decisions regarding the allegations and the penalties imposed. Of the
32 staff misconduct complaint cases for which we rated the hiring
authority’s performance as inadequate, 26 involved instances in which we
found that hiring authorities did not appropriately determine findings
for each allegation or select the appropriate penalty.
Administrative Disciplinary Cases
Of the 172 administrative disciplinary cases the OIG monitored and
closed this reporting period, we found the hiring authority’s initial
decisions made during the investigative and disciplinary findings
conferences regarding allegations and penalties to be unreasonable in
12 cases. We also disagreed with hiring authority penalty modifications
and settlements after the initial decision (e.g., before an evidentiary
hearing), in 22 cases. Each of the following cases were rated inadequate.
OIG Case No. 24-0077538-DM
A supervising manager was allegedly rude to subordinate staff, failed
to train them, and failed to discuss necessary accommodations for staff
to perform their job duties. The supervising manager allegedly failed
to report allegations that she had created a hostile work environment
and disregarded a medical note that allowed a staff services manager
to return to work. The supervising manager allegedly retaliated against
staff by denying accommodations and vacation requests and by trying to
discipline subordinates after they complained. Moreover, an associate
director allegedly failed to investigate the allegations and made
disparaging remarks about subordinate employees’ job performances,
among many other allegations.
The hiring authority sustained the allegation that the supervising
manager had disregarded a subordinate manager’s medical note. The
hiring authority also determined that the supervising manager had
failed to report the allegations against the subordinate manager, but that
the failure was determined to be justified, lawful, and proper, because
the associate director was already aware of the allegations, so the
supervising manager did not need to report them. The hiring authority
did not sustain the remaining allegations and issued training. The hiring
authority found insufficient evidence to sustain the allegations against
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 17
the associate director. Although the hiring authority did not sustain any
allegations against the associate director, the hiring authority removed
the associate director from her position and provided verbal counseling.
The hiring authority determined that the supervising manager’s failure
to report the allegation that she had created a hostile work environment
was appropriate because the associate director was made aware of the
allegation at the same time. We did not agree with this determination
because every employee is obligated to report allegations directly to
their supervisor and the equal employment opportunity officer. The
hiring authority also failed to sustain several allegations supported
by a preponderance of the evidence including the following: that the
supervising manager failed to report a second subordinate’s allegation
that she created a hostile work environment; denied a subordinate’s
request to leave work to pick up her minor daughter from school and
questioned her need to attend a ceremony for a deceased relative; and
told a third subordinate that telework was not for babysitting. The
hiring authority also failed to sustain allegations that the associate
director made demeaning comments about subordinate staff, contacted
a subordinate’s former supervisors without a legitimate business need,
held a meeting with the supervising manager and a subordinate after the
subordinate alleged the supervising manager had been discriminating
and retaliating against her, and asked the supervising manager to serve
on an interview panel knowing the manager had been redirected from
her normal duties.
OIG Case No. 23-0052244-DM
Seven officers allegedly failed to ensure an incarcerated person reported
to the medication distribution line to receive his diabetic medication.
Two nurses allegedly failed to document their efforts to coordinate with
the officers to locate the incarcerated person. The first officer and the
second officer failed to conduct security checks, and the first officer
failed to properly conduct a count of incarcerated people. The first
officer, the second officer, and three additional officers failed to initiate
life-saving measures after locating the incarcerated person and finding
him unresponsive. The fourth officer disobeyed an order to attend an
interview with the traditional section of the Office of Internal Affairs.
The hiring authority sustained the allegations against the first officer but
did not serve a disciplinary action because the officer had already been
dismissed in another matter. The hiring authority sustained allegations
against the second officer, the fifth officer, and the sixth officer, and
imposed salary reductions. The hiring authority sustained the allegation
that the fourth officer had disobeyed an order to attend an investigative
interview and imposed a salary reduction of 5 percent for 30 months. The
hiring authority also sustained allegations that the eighth officer, the
ninth officer, and the tenth officer each had failed to initiate life-saving
measures. The hiring authority issued letters of reprimand to each of
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18 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
them. The OIG concurred with the hiring authority’s determinations.
However, after a Skelly hearing, the hiring authority revoked the letter of
reprimand imposed on the ninth officer. The OIG did not concur because
there was insufficient justification to revoke the letter of reprimand. The
second officer, the fourth officer, and the sixth officer each filed appeals
with the State Personnel Board.
The hiring authority entered into settlement agreements with which we
did not concur. First, the hiring authority revoked a letter of reprimand
issued to an officer without sufficient justification. Although the officer
responded to the incident, retrieved medical equipment, and assisted
with transporting the unresponsive incarcerated person out of the
housing unit, the officer failed to initiate life-saving measures as policy
required, which constituted significant neglect of duty.
The hiring authority also entered into a settlement agreement with the
fourth officer, dramatically reducing the officer’s penalty from a 5 percent
salary reduction for 30 months to a 5 percent salary reduction for
12 months without sufficient mitigating factors. The officer’s misconduct
was serious because he failed to comply with an order to attend an
investigative interview. The hiring authority’s decision to reduce the
penalty did not comply with the department’s disciplinary guidelines.
Staff Misconduct Complaint Cases
Among the 89 staff misconduct complaint cases, we found that hiring
authorities did not appropriately determine findings for each allegation
in 20 cases. In one of those 89 cases, we did not assess the hiring
authority’s performance because the Allegation Investigation Unit
closed the investigation and returned the matter to the Office of Internal
Affairs’ Centralized Screening Team for reevaluation before the hiring
authority could make a decision (24-0098992-INV).
However, for those 88 cases in which hiring authorities sustained
allegations, we found that the hiring authority did not select the
appropriate penalty in seven cases. We found that in seven staff
misconduct complaint cases, the hiring authority modified the penalty
or entered into a settlement agreement in ways that did not comply with
departmental policy. Below are some of the more egregious examples
of inappropriate decisions concerning allegation findings, penalties,
or settlements.
Six officers and a sergeant allegedly slammed an incarcerated person
to the ground and pulled his arms behind his back causing pain. The
sergeant, a second sergeant, a seventh officer, and an eighth officer
escorted the incarcerated person back to his cell and allegedly attempted
to lift him off the ground and force him to his knees to remove leg
restraints. The second sergeant allegedly ordered an unnecessary
unclothed body search of the incarcerated person. The first sergeant
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allegedly falsified both an incident report and a rules violation report by
stating the incarcerated person had attempted to kick him. A psychiatric
technician allegedly observed the initial six officers slam the incarcerated
person into the ground and failed to report what she had witnessed.
Furthermore, the first sergeant allegedly made intentionally misleading
statements during an Allegation Investigation Unit interview when he
stated the incarcerated person had kicked him.
The hiring authority made decisions with which we did not concur.
For example, the hiring authority found that four officers’ actions were
justified, lawful, and proper when they used force on the incarcerated
person even though the incarcerated person did not appear to pose
an imminent threat. Because there was no imminent threat, policy
required the officers to use controlled force instead of immediate,
physical force. The hiring authority also found that five officers’ actions
were justified, lawful, and proper when they made initial contact with
the incarcerated person when there was no imminent threat. The
hiring authority should have found insufficient evidence to sustain
the allegation because although the sergeant’s determination not to
initiate a controlled use of force limited the five officers’ ability to
use controlled force, the five officers’ disregard of the controlled use-
of-force procedure was not justified, lawful, and proper. The hiring
authority also inappropriately found that the actions of two officers
were justified, lawful, and proper when they used physical strength to
secure the incarcerated person against a door. The hiring authority cited
what he perceived to be minimal force on the video recordings, but the
video recordings did not definitively depict whether the force used
was reasonable.
OIG Case No. 24-0077051-INV
Without justification, two officers allegedly prevented an incarcerated
person from receiving a digital tablet. One of the officers allegedly
endangered the incarcerated person by shouting that the incarcerated
person did not belong in a general population unit to create the
perception that the incarcerated person was an informant. The officer
allegedly falsified a rules violation report by writing that the incarcerated
person had threatened the officer. Both officers allegedly confiscated
the incarcerated person’s property as a form of retaliation against the
incarcerated person for filing a grievance against the second officer. A
third officer allegedly observed the first officer yelling at the incarcerated
person to return to his cell and refused to unlock the incarcerated
person’s cell door, thereby preventing the incarcerated person from
following orders.
The hiring authority found that the officer’s statement was discourteous.
The hiring authority added and sustained an allegation that the officer
had delayed drafting the rules violation report and drafted a poor
report that contained errors. The hiring authority issued the officer a
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20 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
letter of reprimand and did not sustain the remaining allegations. The
OIG agreed with the hiring authority’s findings on the allegations but
disagreed with the penalty decision. The hiring authority retired after
serving the officer the letter of reprimand. A second hiring authority
reviewed the matter, withdrew the disciplinary action, and imposed
corrective action against the officer instead.
The hiring authority’s decision to issue the officer a letter of reprimand
was inconsistent with the department’s disciplinary guidelines. The
second hiring authority stated the officer’s conduct did not warrant
disciplinary action because the officer did not use profanity towards the
incarcerated person or otherwise act in a sufficiently egregious manner.
The OIG did not concur with the reduction in the original penalty of a
letter of reprimand, which was too low to begin with.
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The OIG Invoked Executive Review in Nine Cases
This Reporting Period
Whenever there is a significant disagreement with the hiring authority’s
findings regarding allegations, penalties, or a proposed settlement, either
the OIG or the department’s attorney can elevate the hiring authority’s
decision to the hiring authority’s supervisor. Either stakeholder can
continue to elevate the matter to an even higher level, if desired. This
process is referred to as executive review. If executive review is invoked,
the hiring authority’s supervisor is asked to review all investigative
materials. The stakeholders then meet to discuss the disagreement,
and the hiring authority’s supervisor makes a determination to
uphold or modify the previous hiring authority’s finding and penalty
determinations. The OIG invoked executive review in nine cases we
monitored and closed during this reporting period. The Employment
Advocacy and Prosecution Team also invoked executive review in
one of the nine cases. Below are summaries of all executive review
cases and the issues in dispute with the exception of 23-0058203-DM,
which is described in detail in a previously published special report
(Sentinel Case No. 24-01). We invoked executive review in six
administrative disciplinary cases and three staff misconduct complaint
cases. In five of those nine cases, the OIG successfully convinced the
hiring authority’s supervisor that an allegation should be sustained, a
penalty should be increased, or a proposed settlement should be rejected.
Administrative Disciplinary Cases
OIG Case No. 20-0036946-DM
An off-duty lieutenant allegedly ignited a smoke-generating pyrotechnic
device at a park during a gender-reveal photography session, which
resulted in a brush fire that became a wildfire. The lieutenant’s wife, an
off-duty officer, allegedly assisted the lieutenant with the ignition of the
pyrotechnic device. As a result of the wildfire, which lasted 71 days, a
firefighter died during his attempt to stop the fire, three firefighters were
seriously injured fighting the wildfire, five residences were damaged,
15 other buildings were destroyed, and 22,744 acres burned.
The hiring authority sustained the allegations and dismissed the
lieutenant and the officer. The OIG concurred. However, the lieutenant
resigned before the disciplinary action could be served. The hiring
authority placed a letter in the lieutenant’s official personnel file
indicating he had resigned pending disciplinary action. After the
officer filed an appeal with the State Personnel Board, but prior to
an evidentiary hearing, the department proposed entering into a
settlement agreement to reduce the officer’s penalty from a dismissal to a
nine-month suspension.
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The OIG did not concur with the proposed settlement because the
misconduct was serious enough to warrant dismissal and elevated
the matter for a higher level of review. At the higher level of review,
the hiring authority’s supervisor determined that dismissal remained
the appropriate penalty and declined to authorize the settlement.
Following an evidentiary hearing, the State Personnel Board upheld the
officer’s dismissal.
OIG Case No. 23-0051513-DM
On Thanksgiving Day, two officers allegedly failed to count incarcerated
people and conspired to falsify records to make it look like they had
completed the count. The first officer allegedly allowed the second
officer to falsely enter the count in the department’s database by using
the first officer’s login credentials so that the officers could eat instead of
conducting the count.
The hiring authority sustained the allegations and imposed salary
reductions against each officer. We agreed that the allegations should
be sustained but did not agree with the penalties imposed. Falsifying a
count is a dishonest act with potentially serious repercussions. The OIG
elevated the matter to the hiring authority’s supervisor, who agreed that
dismissal was the appropriate penalty. The officers appealed to the State
Personnel Board, which upheld the dismissals.
OIG Case No. 23-0061250-DM
An officer allegedly failed to ensure that cell windows and doors
remained uncovered and failed to call for medical assistance when he
saw an incarcerated person hanging from a makeshift noose in a cell.
The officer allegedly lied in a report about his observations during
the incident. The officer also allegedly failed to carry a radio and wore
an unapproved patch on his uniform. On October 3, 2023, the officer
allegedly lied to an investigator during an interview.
The hiring authority sustained allegations that the officer negligently
wrote an incorrect, but not dishonest, report and delayed summoning
medical assistance. The hiring authority imposed a salary reduction of
5 percent for 12 months. The OIG concurred except with the finding that
the officer was only negligent and not dishonest.
The OIG recommended the hiring authority add and sustain an
allegation that the officer gave misleading answers during an
investigative interview and to dismiss the officer. After the hiring
authority did not sustain a dishonesty allegation and dismiss the officer,
the OIG elevated the matter to the hiring authority’s supervisor. At
the higher level of review, the hiring authority’s supervisor added and
sustained an allegation that the officer lied during the interview but
did not sustain the allegation that the officer lied in the report. The
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 23
hiring authority’s supervisor dismissed the officer. After the department
attorney invoked executive review of this revised finding and penalty
determination, the deputy director upheld the decision to sustain the
dishonesty allegation and dismiss the officer.
OIG Case No. 24-0074476-DM
An officer allegedly failed to confirm that an incarcerated person was
inside his assigned cell and documented that count information was
correct when it was not. The officer failed to personally observe whether
the incarcerated person was inside his assigned cell.
The hiring authority sustained the allegations and imposed a salary
reduction of 5 percent for 12 months. The OIG concurred with some of
the hiring authority’s decisions, but recommended the hiring authority
add and sustain an allegation of dishonesty for the officer because the
officer committed an inherently dishonest act when he documented in
the department database that he had counted incarcerated people, when
in fact he had simply entered the number from the previous count. The
hiring authority did not adopt the OIG’s recommendation on the basis
that the officer did not intend to deceive, but was merely overworked,
and the prison was understaffed.
The OIG elevated the decision not to add and sustain a dishonesty
allegation to the hiring authority’s supervisor. The hiring authority’s
supervisor did not add and sustain a dishonesty allegation either.
However, the supervisor increased the first officer’s penalty to a
10 percent salary reduction for 20 months. The OIG did not concur
but did not seek further review because by increasing the penalty, the
department acknowledged the officer had jeopardized the prison’s safety
and security.
OIG Case No. 24-0081888-DM
Two officers allegedly failed to conduct a count of incarcerated people in
a housing unit, made false statements in a memorandum to a supervisor,
and colluded with each other when writing their memoranda. The
first officer also falsely entered the count into the confidential records
system, knowing the count had not been conducted. The second officer
falsely provided a count to the first officer, knowing he did not conduct
the count.
The hiring authority sustained the allegations but determined that
entering the false count in the confidential records system, and falsely
providing a count to another officer, were not acts of dishonesty.
Therefore, the hiring authority imposed a 90-working-day suspension
for the first officer and a 120-working-day suspension for the second
officer. The OIG did not concur and elevated the matter to the hiring
authority’s supervisor because the misconduct was severe enough to
warrant dismissal.
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The hiring authority’s supervisor determined the allegations regarding
entering the false count in the confidential records system and falsely
providing a count to another officer were not acts of dishonesty, but the
supervisor still dismissed both officers. The OIG concurred with the
supervisor’s decision to dismiss the officers, but not with the finding that
the allegations regarding entering the count in the confidential records
system and falsely providing a count to another officer were not acts
of dishonesty.
Staff Misconduct Complaint Cases
OIG Case No. 24-0072949-INV
An officer allegedly intentionally deployed pepper spray directly toward
an incarcerated person lying on the ground in a fetal position and
dishonestly documented his use of force in a report.
The hiring authority found sufficient evidence to sustain the allegation
the officer used unreasonable force and imposed a 5 percent salary
reduction for five months. The OIG concurred with the finding, but not
the penalty. The hiring authority found insufficient evidence to sustain
the allegation that the officer dishonestly reported his use of force
even though the officer failed to document that he deployed pepper
spray toward three incarcerated people and instead documented that
he deployed pepper spray toward one incarcerated person. The officer
also documented that he inadvertently deployed pepper spray toward an
incarcerated person who was lying on the ground in a fetal position after
being assaulted by two other incarcerated people despite video footage
that showed what appeared to be an intentional act.
The OIG did not concur with the hiring authority’s failure to sustain
dishonesty allegation and elevated the matter to the hiring authority’s
supervisor. The hiring authority’s supervisor upheld the hiring
authority’s decision. The officer did not file an appeal with the State
Personnel Board. After a Skelly hearing, the hiring authority entered into
a settlement agreement and reduced the officer’s penalty to a 5 percent
salary reduction for three months. The OIG did not concur with the
decision to reduce the penalty via settlement.
OIG Case No. 24-0082537-INV
An officer allegedly threw an incarcerated person on the ground and
injured him. The officer allegedly lied in a report by documenting that
he had attempted to persuade the incarcerated person to cooperate with
an escort before he resorted to using force. A second officer allegedly lied
to an investigator during an interview about the incident.
The department attorney advised the hiring authority and the hiring
authority’s supervisor against sustaining the allegations despite
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video-recorded evidence that depicted the first officer throwing the
incarcerated person to the ground without apparent justification and
despite evidence that supported an inference that the first officer had
lied in a report and that both officers had lied during interviews. In
accordance with the department attorney’s advice, the hiring authority
found insufficient evidence to sustain any of the allegations. The OIG did
not concur and elevated the decision to the hiring authority’s supervisor.
After the department attorney provided the same advice during the
executive review conference, the hiring authority’s supervisor upheld the
hiring authority’s decision. The OIG did not concur but did not elevate
the matter further.
OIG Case No. 23-0057930-INV
An officer allegedly placed an incarcerated person in a stranglehold. A
second officer also placed the incarcerated person in a stranglehold on a
separate occasion, hit the incarcerated person in the head, and repeatedly
slammed him to the ground.
The hiring authority found insufficient evidence to sustain any of the
allegations against the two officers despite evidence that both officers
used a stranglehold in violation of the department’s use-of-force policy.
The OIG did not concur and sought a higher level of review. The hiring
authority’s supervisor sustained the allegation that the second officer
unreasonably hit the incarcerated person in the head multiple times
but did not sustain the remaining allegations. The hiring authority’s
supervisor imposed a salary reduction of 10 percent for seven months for
the second officer.
The OIG concurred with the sustained allegation but not with the
remaining findings or the penalty. The OIG sought further review from
the deputy director, who made the same findings as the hiring authority’s
supervisor, but increased the second officer’s penalty to a salary
reduction of 10 percent for 25 months. The OIG concurred with the
sustained allegation but not with the remaining findings or the penalty.
The second officer filed an appeal with the State Personnel Board.
Following a hearing, the State Personnel Board revoked the penalty.
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The Office of Internal Affairs
The Office of Internal Affairs is a unit within the department responsible
for investigating allegations of staff misconduct. As more fully explained
on page 1, there are two separate investigative teams within the Office
of Internal Affairs: the Field Operations/Special Investigation Units
(referred to as the traditional section of the Office of Internal Affairs
throughout this report) and the Allegation Investigation Unit. The
traditional section of the Office of Internal Affairs, staffed with special
agents, generally investigates the most severe cases of misconduct,
criminal misconduct, and allegations of misconduct that are not directed
toward incarcerated people. The Allegation Investigation Unit generally
investigates other serious allegations of staff misconduct that are
directed toward incarcerated and supervised people that require formal
investigation. The less serious allegations of staff misconduct directed
toward incarcerated people are referred back to local prison staff to
review. When the traditional section of the Office of Internal Affairs and
the Allegation Investigation Unit open an investigation, they assign an
investigator to conduct the investigation, gather evidence, preserve video
footage, interview witnesses and the employee accused of misconduct,
and submit a report to the hiring authority summarizing the evidence
and statements gathered during the investigation. The OIG monitors and
assesses the performance of both investigative units within the Office
of Internal Affairs from the time an investigation is opened until the
time the investigation report is finalized and sent to the hiring authority
for review. If the hiring authority sends the case back for further
investigation, the OIG also monitors and assesses the supplemental
investigation performed.
As shown in Table 3 on the next page, during this reporting period,
the OIG monitored and closed 199 administrative disciplinary cases
and criminal cases. For administrative disciplinary and criminal
cases, we rated the traditional section of the Office of Internal Affairs’
performance as adequate in 125 cases, improvement needed in 46 cases, and
inadequate in 28 cases. We also monitored 89 staff misconduct complaint
investigative cases. We rated the Allegation Investigation Unit’s
performance as adequate in 27 cases, improvement needed in 29 cases, and
inadequate in 33 cases.
Some of the more common reasons the Office of Internal Affairs received
inadequate ratings were delayed investigations, inadequate consultation,
and failure to conduct thorough investigations.
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Table 3. Office of Internal Affairs Performance Ratings
Improvement
Case Type Adequate Inadequate Total
Needed
Administrative
Disciplinary and 63% (125 cases) 23% (46 cases) 14% (28 cases) 100% (199 cases)
Criminal
Staff Misconduct
30% (27 cases) 33% (29 cases) 37% (33 cases) 100% (89 cases)
Complaint
Totals 53% (152 cases) 26% (75 cases) 21% (61 cases) 100% (288 cases)
Source: The Office of the Inspector General Tracking and Reporting System.
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Delays During the Investigative Process
Contributed to Negative Assessments of the
Office of Internal Affairs
Hiring authorities are required to process disciplinary matters without
undue delay. No less important is the Office of Internal Affairs’
obligation to expeditiously investigate administrative disciplinary and
criminal cases. Delayed investigations can create several problems.
Examples include undue stress and low morale experienced by officers
who are subjects of an investigation and must wait an extensive period
of time to learn the outcome of investigations, especially for officers who
are wrongly accused; loss of confidence in the system by incarcerated
people when officers who have committed misconduct are not held
accountable and remain in positions to continue to commit misconduct
for extensive periods of time; witnesses becoming unavailable or who are
available but no longer remember important details; and the loss of video
evidence due to the failure to preserve it within the department’s 90-day
video retention policy.
The OIG noticed a significant disparity in the frequency with which the
traditional section of the Office of Internal Affairs and the Allegation
Investigation Unit delayed their investigations. The traditional section
of the Office of Internal Affairs delayed 29 out of 199 monitored
investigations, or 15 percent. However, the Allegation Investigation
Unit delayed 35 out of 89 monitored investigations, or 39 percent. The
following are examples of cases we rated inadequate in part due to the harm
that resulted from delays in conducting and completing investigations.
OIG Case No. 24-0084791-DM
An officer allegedly engaged in acts of sexual misconduct with 12
incarcerated people. The sexual misconduct included forced oral
copulation, sexual intercourse, grabbing the breasts of incarcerated
women, and exposing his genitals to them. The officer allegedly
smuggled chewing gum, a radio, and cannabis products into a prison
in exchange for sexual favors. The officer also allegedly divulged
confidential information from a case management database to
incarcerated people and accessed the database without a valid reason.
Moreover, the officer allegedly lied to an investigator when he denied
being overfamiliar with incarcerated people and engaging in sexual
misconduct with them.
The hiring authority sustained the sexual misconduct allegations
involving nine of the 12 incarcerated people. The hiring authority
sustained allegations the officer divulged confidential information and
accessed the database without a valid reason. The hiring authority also
sustained the allegation that the officer had lied to the investigator,
but not that he had smuggled contraband into the prison. The OIG
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concurred with the hiring authority’s findings except for the decision
not to sustain three allegations. The hiring authority determined that
dismissal was the appropriate penalty. The OIG concurred. The officer
retired before he could be served with a dismissal action. Therefore,
the hiring authority placed a letter in the officer’s official personnel file
indicating he had retired under unfavorable circumstances.
The traditional section of the Office of Internal Affairs unnecessarily
delayed the completion of the investigation, which prevented the
department from imposing discipline for some allegations. Although
the investigator completed the investigation before the deadline
to impose discipline for some of the allegations, the investigator
unnecessarily delayed completing it until 223 days after being assigned
to the investigation. The investigator completed the investigation only
eight days before the deadline for allegations involving two of the 12
incarcerated people, which did not allow sufficient time for the hiring
authority to make penalty decisions for those allegations. Because of the
delay in completing the investigation, deadlines for imposing discipline
for allegations before the deadline to do so expired.
OIG Case No. 24-0078164-INV
Two officers allegedly disregarded an incarcerated person’s request to
move cells after the incarcerated person was sexually assaulted by a
cellmate. A third unknown officer allegedly disregarded the incarcerated
person’s request to move from the building away from the cellmate that
sexually assaulted the incarcerated person. The hiring authority found
insufficient evidence to sustain the allegations. The OIG concurred.
The Allegation Investigation Unit delayed the investigation even after
the hiring authority requested additional investigation. The investigator
was assigned on April 15, 2024. On May 17, 2024, the investigator
conducted the first interview. However, the investigator closed the
investigation without conducting any additional interviews and
submitted the investigation to the hiring authority on July 24, 2024. On
October 10, 2024, the hiring authority returned the investigation to the
Allegation Investigation Unit and requested the investigator conduct
interviews of the officers who were the subjects of the investigation.
However, the investigator did not conduct the additional interviews
until January 13, 2025, three months and three days thereafter. The
investigator completed the final interview on January 21, 2025. The
investigator conducted a total of three interviews which required only
three days to complete but took nine months and six days to complete
the investigation.
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The Office of Internal Affairs Could Improve
the Thoroughness of Their Investigations by
Properly Consulting With Stakeholders During
the Investigative Process
We considered whether investigators appropriately conferred with the
OIG and with the department attorney throughout the investigation.
Most of the time, we found that the Office of Internal Affairs did so, but
not consistently. We considered whether the investigator was prepared
during case consultations, afforded opportunities for input in scheduling
interviews, allowed for discussion regarding recommendations, and gave
enough time to review investigative reports and other documentation.
We also assessed whether investigators thoroughly addressed all
allegations and subjects—not just those identified at the inception of the
investigation, but those that were uncovered during the investigation.
Below are two examples of cases we rated inadequate that illustrate
these issues.
Administrative Disciplinary Cases
In 13 of the 28 administrative disciplinary cases in which the OIG rated
the traditional section of the Office of Internal Affairs’ performance as
inadequate, we found that investigators did not adequately consult with
the OIG or the department attorney during the investigative process.
OIG Case No. 24-0088553-DM
An officer allegedly left his State-issued firearm unattended in a
restroom at an outside hospital. The officer also allegedly failed to sign
his post orders.
The hiring authority sustained the allegation that the officer had left
the firearm unattended, but not the remaining allegation, and imposed
a 5 percent salary reduction for 30 months. The OIG concurred. The
officer filed an appeal with the State Personnel Board. Prior to a hearing,
the department entered into a settlement agreement with the officer
reducing the penalty to a 5 percent salary reduction for 24 months.
During the investigation, the investigator failed to notify or consult with
the department attorney and the OIG before conducting a site inspection
at the hospital and attempting to interview potential witnesses. The OIG
recommended that the investigator interview the officer’s supervisor
about current policies and procedures related to taking breaks, leaving
an assigned post, and eating while on duty, but the investigator rejected
the OIG’s recommendation. Instead, the investigator finalized the report
without any further consultation with either the OIG or the department
attorney. The investigator also failed to send the notice of interview to
the department attorney and the OIG for review prior interviewing the
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32 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
officer. Had the investigator done so, the OIG would have recommended
expanding the scope of the interview to encompass the entirety of
the officer’s alleged misconduct. As a result, the investigator failed to
question the officer about abandoning his post and being distracted
from duty, which could have led to additional sustained allegations of
misconduct that warranted a higher penalty.
Staff Misconduct Complaint Cases
In 10 of the 33 staff misconduct complaint cases in which the OIG
rated the Allegation Investigation Unit’s performance as inadequate, we
found that investigators did not adequately consult with the OIG or the
department attorney during the investigative process.
OIG Case No. 24-0085396-INV
A lieutenant, a sergeant, and six officers allegedly failed to take
appropriate action after an incarcerated person expressed concerns
for his safety. The incarcerated person subsequently attacked a second
incarcerated person. One of the six officers struck the first incarcerated
person in the back with a baton after the incarcerated person had already
disengaged from the fight. The hiring authority found insufficient
evidence to sustain any of the allegations. The OIG concurred.
The Allegation Investigation Unit assigned three investigators to
the case, one after the other. The first investigator was assigned
on July 7, 2024. After being assigned the case, the first investigator
interviewed the lieutenant. However, On September 11, 2024, the
Allegation Investigation Unit assigned the case to another investigator.
The second investigator stated that he intended to close the investigation
without any additional interviews, including critical interviews of the
first incarcerated person, the officer who allegedly used unnecessary
force, or any witnesses. The second investigator opined that the video
recording and incident reports constituted sufficient evidence for the
hiring authority to make an informed decision. When the department
attorney stressed the need to interview witnesses, the second investigator
became frustrated, and both the second investigator and his supervisor
pushed back against the department attorney’s recommendations. After
further intervention from the department attorney’s supervisor and the
department attorney, the second investigator and his supervisor relented
and conducted the interviews.
In addition, the second investigator failed to include the OIG in
critical communications, including emails to coordinate scheduling
of interviews. The department attorney had to forward email
communications to the OIG because the second investigator failed to
do so.
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Finally, both the department attorney and the OIG noted severe
deficiencies with the draft investigative report that required significant
revisions. The department attorney recommended the revisions
on December 20, 2024, and the OIG recommended revisions on
December 23, 2024. However, the Allegation Investigation Unit failed to
respond to requests for revisions until January 24, 2025, when it assigned
the case to a third investigator. The third investigator revised the report,
but the delay contributed to the Allegation Investigation Unit returning
the investigation back to the hiring authority with only four days
remaining before the deadline to take disciplinary action.
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The Allegation Investigation Unit Unnecessarily
Increased Investigators’ Caseloads by Creating
Additional and Duplicative Investigations and
Splitting Related Allegations into Separate
Investigations
The OIG observed that the Allegation Investigation Unit routinely
created duplicative investigations and unnecessarily split related
allegations into multiple investigations. This practice caused their
estimated case count to exceed the actual number of investigations.
The creation of additional and overlapping investigations also created
inefficiencies within the staff misconduct complaint investigative
process and contributed to the growth of unmanageable caseloads and
delays in investigations. The Allegation Investigation Unit opened
multiple cases to investigate duplicative and related staff misconduct
allegations when a claimant filed more than one written complaint
alleging the same or related staff misconduct, when an incarcerated
person made a verbal allegation of staff misconduct in addition to
filing a written complaint about the same incident, when departmental
staff reported allegations of misconduct in addition to an incarcerated
person or third-party claimant, and when multiple people filed separate
complaints about the same incident. In addition, the Allegation
Investigation Unit unnecessarily split related allegations into separate
and distinct investigations even when allegations were related in
time and scope. The OIG made recommendations to the Allegation
Investigation Unit to avoid creating duplicate cases and to combine
related investigations. Below are two examples of investigations we
monitored that highlight the inefficiencies of this practice.
OIG Case No. 24-0090689-INV
On August 27, 2024, the Allegation Investigation Unit received an
incarcerated person’s complaint alleging five officers, a sergeant,
and a lieutenant used unreasonable force against him, taunted and
threatened him, and falsified a rules violation report on the same date.
The Allegation Investigation Unit opened an investigation to address
these allegations on September 3, 2024, and assigned an investigator
on September 9, 2024. The Allegation Investigation Unit received a
written complaint on September 6, 2024, from a second incarcerated
person who witnessed the officers allegedly using unreasonable force
against the first incarcerated person on August 27, 2024. In addition
to making allegations that custody staff used unreasonable force, the
second incarcerated person also alleged that one of the officers grabbed
the first incarcerated person’s genitals during the use-of-force incident
in violation of the Prison Rape Elimination Act (PREA). The Allegation
Investigation Unit opened a second investigation (C-AIU-SATF-8163-24)
on September 12, 2024, and assigned a different investigator solely
to investigate the PREA claim. The first investigator interviewed the
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incarcerated person involved in the incident and seven subjects of the
investigation but did not interview the second incarcerated person
who also filed a complaint and who asserted that he had witnessed
the incident. The second investigator interviewed the incarcerated
person who had witnessed the incident in addition to interviewing the
incarcerated person involved in the incident a second time; however, the
second investigator did not interview the subject of the investigation or
any of the officers involved in the incident. Both investigators reviewed
the same video recordings and documentary evidence, including
incident report narratives, housing and work assignments, and related
complaints. Each investigator produced a separate investigative report
despite the substantial amount of overlapping evidence between the two
investigations. Although the second investigator’s report indicated the
unreasonable force allegations were covered in the first investigation,
the investigator still spent time reviewing documents, interviewing the
incarcerated person who had filed the initial complaint, and drafting an
investigative report. Moreover, because of the separate investigations,
neither investigative report contained all pertinent information related
to all allegations of staff misconduct that occurred within the time and
scope of the incident.
OIG Case No. 23-0058747-INV
The Allegation Investigation Unit received complaints from two separate
department staff members on June 4, 2023, indicating an incarcerated
person alleged that officers beat him up, slammed him on the ground,
pulled on his restraints, and bent his wrists earlier on the same date.
On June 18, 2023, the incarcerated person involved in the incident
filed a written complaint alleging five officers used unreasonable force
against him and that a sergeant falsified a rules violation report. On
June 22, 2023, the Allegation Investigation Unit opened an investigation
based on the first staff member’s report of misconduct and assigned
an investigator to investigate allegations that custody staff used
unreasonable force. On June 23, 2023, the Allegation Investigation Unit
opened a second investigation based on the incarcerated person’s written
complaint, designated the case a subsequent source, and never assigned
an investigator (N-AIU-SAC-6183-23). The Allegation Investigation Unit
created a third investigation on September 18, 2023, based on the second
staff member’s report of misconduct, and assigned the investigation
to the same investigator already investigating the duplicative
case (N-AIU-SAC-8583-23).
Instead of combining all allegations of staff misconduct related to
the same incident into one investigation, the investigator created two
separate investigations under the first and third case numbers created by
the Allegation Investigation Unit; one to address allegations that custody
staff used unreasonable force and another to address an allegation that
a psychiatric technician observed the custody staff use force and failed
to report the force observed. Even though the evidence significantly
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36 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
overlapped and the allegations were all related in time and scope to
the same incident, the investigator prepared and submitted a separate
investigative report for each investigation. In the first investigative
report, submitted to the custody hiring authority on May 3, 2024, the
investigator summarized his interview of the incarcerated person
who had filed a complaint, the interviews of seven officers and two
sergeants, and his review of the video recordings and documentary
evidence pertaining to the incident. In the second investigative report,
submitted to the medical hiring authority on February 26, 2024, the
investigator summarized his interview of the psychiatric technician
who was the subject of the investigation, his review of video recordings,
and the incarcerated person’s written complaint. The investigator did
not include a summary of the psychiatric technician’s interview and
observations in his investigative report for the custody case and did not
include information about his interviews with custody staff about the
use-of-force incident in his investigative report for the medical case.
In addition to creating additional and unnecessary investigations for
duplicative claims, the Allegation Investigation Unit also unnecessarily
split related allegations into separate investigations.
OIG Case No. 24-0077051-INV
The Allegation Investigation Unit received a written complaint from an
incarcerated person on March 15, 2024, alleging in part that two officers
retaliated against him on March 13, 2024, because he filed a separate
complaint against one of the officers the day before. In his complaint,
the incarcerated person also alleged that one of the two officers falsified
a rules violation report against him on March 13, 2024. The Allegation
Investigation Unit opened two separate investigations on March 22, 2024,
one investigation (N-AIU-SAC-1951-24) to address the allegations that
the two officers had retaliated against the incarcerated person on
March 13, 2024, and a second investigation, previously mentioned in this
report, to address the allegation that one of the officers had falsified a
rules violation report against the incarcerated person on the same date.
Moreover, on March 22, 2024, the Allegation Investigation Unit opened
a third case (N-AIU-SAC-1955-24) based on another written complaint the
incarcerated person had filed that alleged the same officer who retaliated
and falsified the rules violation report against him had also endangered
him on March 13, 2024, by sharing confidential information about him in
front of other incarcerated people.
The Allegation Investigation Unit assigned all three cases to the same
investigator, who produced one investigative report for all three cases.
However, this practice still causes inefficiencies due to the clerical
and administrative work necessary to open and track administrative
investigations. Furthermore, the creation of duplicative cases obscures
the actual number of investigations the Allegation Investigation
Unit handled.
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In Response to Our Inquiries, the Department Could Not
Identify the Number of Its Duplicative or Subsequent Source
Investigations
Since the department began investigating allegations of staff misconduct
against incarcerated people with its new Allegation Investigation Unit
in June of 2022, the department has reported a drastic increase in the
number of complaints it has been assigned to investigate. However, since
the beginning of this new process, the department has not been able to
determine how many of the submitted complaints and investigations
are duplicative of other complaints and investigations. The OIG
has observed examples of duplicative work but has yet to receive a
clear answer from the department as to how significant of a problem
duplicative complaints and investigations pose.
When the Allegation Investigation Unit receives duplicative complaints
of the same staff misconduct, it designates one complaint as a primary
source, and additional duplicative complaints as “subsequent sources.”
The Allegation Investigation Unit is then supposed to close subsequent
sources as duplicative to avoid assigning multiple investigators to
investigate the same allegations. According to the department’s Office
of Research, a true count of “subsequent sources” cannot be obtained
because there is no consistent process for the Allegation Investigation
Unit to identify what constitutes a subsequent source. Although it
has been three years since the inception of this staff misconduct
complaint investigative process, the department appears unable to
definitively quantify the number of existing duplicative complaints
and investigations.
Of the 89 Allegation Investigation Unit investigations the OIG
monitored during this reporting period, 22 of the cases had at least one
other related, subsequent source, or duplicative case number associated
with it. The OIG has previously recommended, and continues to
recommend, that the department create a consistent, statewide system
for identifying, tracking, and eliminating duplicative investigative work.
As of the date of this report, the department has informed us that it is
working on a project within its Enterprise Information Systems branch
to enable Allegation Investigation Unit staff to link and flag duplicate
allegations to guard against future duplicative investigations of identical
allegations and add related allegations to existing cases. We will provide
an update on this project in our next discipline monitoring report. In
the meantime, Allegation Investigation Unit management has instructed
staff to ensure case data, such as the date of incident, identities of
involved staff, identities of complainant, institution, and other critical
allegation information is entered into its case management system to
permit manual checks of its databases to allow greater identification of
potential duplication.
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38 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
The Department is Implementing Processes to Address Delays,
Wasted Resources, and Duplicative Investigations to Increase its
Likelihood of Completing Investigations Prior to Deadlines for
Taking Disciplinary Action
The Allegation Investigation Unit currently faces significant risks due to
a higher than anticipated investigative workload, delays in investigations,
and the continued use of its limited investigative resources on
duplicative investigations. Without immediate intervention, the
Allegation Investigation Unit will be unable to complete investigations
in time to forward findings to hiring authorities before deadlines for
disciplinary action expire. As a result, the department would be unable to
hold responsible staff who have engaged in misconduct.
As of June 30, 2025, the Allegation Investigation Unit reported having
just over 10,000 open investigations. Of these, 705 were within 60 days
of the deadline for imposing discipline. This number is expected to
grow each month based on current intake and closure rates. During
this reporting period, the Allegation Investigation Unit received an
average of 1,084 new investigations per month. With 121 investigators
currently assigned, each investigator receives approximately nine
new investigations per month on average yet is only able to close
3.6 cases monthly. This has created an average backlog of roughly
650 investigations each month.
The widening gap between incoming and resolved cases contributes to
a growing backlog that threatens the Allegation Investigation Unit’s
ability to meet its investigative obligations. The situation is further
exacerbated by a high volume of duplicative investigations as cited in
the examples above. These redundancies divert scarce resources from
original and unresolved allegations, thereby undermining both efficiency
and accountability.
To its credit, the department has been forthright and transparent with
our office regarding its backlog of investigations, the volume of open
investigations, and the likelihood that it would not be able to complete
many investigations within the one-year deadline to take disciplinary
action against the accused officers in those cases. The department
also invited our office to provide feedback on several proposals it is
developing to address these backlogs, including ways to identify and
prioritize for immediate investigation allegations that are nearing the
one-year deadline that are the most serious or the most likely to result
in substantiated misconduct. The department is also developing and
testing several processes intended to reduce the expanding backlog of
investigations by expediting various phases of the investigative process.
Centralized Intake Triage Team
The department recently created the Centralized Intake Triage Team,
a group of analysts and sergeants tasked with reviewing cases the
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 39
Centralized Screening Team refers to the Allegation Investigation Unit
for investigation. Once assigned a case, a Centralized Intake Triage Team
analyst reviews the complaint and other case documents, determines
whether the case was appropriately routed, combines the case with prior
similar claims if appropriate, performs initial document gathering, and
preserves video evidence. These preliminary evidence gathering steps
are work the assigned investigator would eventually have to perform
during the investigation. Instead of burdening investigators with this
routine work that would normally require them to pause and divert their
attention from other investigations they were already performing, the
analyst would perform these preparatory steps and ensure these basic
materials are preserved, collected, and bundled together for investigators
to review when they begin their investigation of the complaint.
These steps also are also intended to increase the likelihood that the
department preserves any video evidence that may be nearing deletion by
operation of its 90-day video retention policy.
After the Centralized Intake Triage Team analyst completes their work
on a case, they examine the evidence collected to determine whether the
video evidence conclusively proves that the allegations either occurred
or did not occur. If the analyst believes a conclusive determination can
be made from the materials already collected, after receiving approval
from their supervisor, the analyst sends all the evidence they gathered to
the hiring authority instead of sending it to the investigator for further
investigation. The hiring authority is tasked with reviewing the materials
and determining whether there is a need for further investigation. If
further investigation is needed, the hiring authority returns the case
to the investigator for further investigation; if not, the hiring authority
makes findings and penalty determinations for each allegation made in
the complaint. We have assigned attorneys to monitor this process and
will report our observations in future reports.
Grievance Resolution Team
The department is also in the process of piloting its Grievance Resolution
Team (GRT), a multi-disciplinary team consisting of representatives
from the local Office of Grievances, the Office of Appeals, and the
Centralized Screening Team. This team is tasked with meeting with the
most frequent filers of grievances in the state. The Office of Appeals will
identify the 50 claimants who submitted the highest number of claims
in each preceding quarter. Once identified, the GRT will meet with each
of these claimants at least once per month to discuss and address claims
that met criteria for review by the GRT. These criteria include:
1. The claim lacks sufficient detail for a meaningful screening
determination, and the claimant refuses to participate in a
clarifying interview or participates in a clarifying interview
but is still unable to provide sufficient detail to clarify
the claim;
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40 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
2. The claim is factually impossible (meaning the claim defies
the laws of physics, biology, or any other discipline);
3. The claim is highly implausible (meaning the claim is
factually possible but so improbable that any reasonable
person would dismiss the claim as preposterous);
4. The claim closely mirrors three or more previous claims
submitted by the same claimant during the most recent
calendar quarter and is similar to at least one other claim
which was previously denied by a Reviewing Authority or
determined to be unfounded, exonerated, or not sustained by
a Hiring Authority; and
5. The claim accuses departmental staff of failing to take a
specific action, but documentary evidence found in the
department’s information technology system clearly shows
that the action was taken by that same staff.
After discussion with the claimant, if the GRT unanimously agrees that
an addressed grievance fits within one of the criteria above, the Office
of Grievances may answer the claim without a routine review if it meets
criteria (1) through (3), or route the claim for routine review at the prison
if it meets criteria (4) or (5). We have begun observing some of these
initial pilot sessions at various prisons in the northern region and plan to
report our observations of this process in future reports.
Use-of-Force Expert Consultant
The department has also retained a consultant with expertise in
use-of-force policies, who plans to examine the department’s use-of-force
training, policies, practices, and regulations. Among the areas the
consultant is exploring is whether the department should utilize a
non-Office of Internal Affairs entity, such as the Institutional Executive
Review Committee, sometimes referred to as the “Use-of-Force
Committee” at the local prisons, to triage cases before they become full
Allegation Investigation Unit investigations. The department has invited
us to meet with the consultant to provide our observations about the
department’s use-of-force practices and the areas most in need of review
and modification.
The OIG supports the department’s creative efforts to streamline the
investigative process and reduce delays. We will continue to monitor
these new processes to see how they are implemented and publish our
findings in a future report.
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The Employment Advocacy and
Prosecution Team
The Employment Advocacy and Prosecution Team (EAPT) is the
third stakeholder we assess during our monitoring of the department’s
investigative and disciplinary processes. EAPT attorneys, known as
vertical advocates, provide legal recommendations to investigators and
hiring authorities. Generally, the same vertical advocate represents
the department throughout the entire investigative and disciplinary
process. The OIG monitors the vertical advocate’s performance, provides
real-time feedback during the investigation and litigation processes, and
assesses the vertical advocate’s performance.
During this reporting period, we monitored and closed
199 administrative disciplinary and criminal cases and 89 staff
misconduct complaint cases. The department assigned an attorney
to counsel and represent the department in all 199 administrative
disciplinary and criminal cases. However, of the 89 staff misconduct
complaint cases the OIG monitored, the department assigned an attorney
to counsel and represent the department in 56 cases. In the remaining
staff misconduct complaint cases, the department assigned an employee
relations officer to handle the cases including drafting the disciplinary
action and representing the department. If a department attorney
was assigned to a case, we assessed the soundness of the legal advice
department attorneys provided to investigators and hiring authorities
and how well the attorneys provided legal advice to investigators and
hiring authorities. We also assessed how well department attorneys
performed when litigating disciplinary actions before the State Personnel
Board when the affected employees filed appeals.
For administrative disciplinary and criminal cases, we rated the
department attorneys’ performance as adequate in 92 cases, improvement
needed in 62 cases, and inadequate in 45 cases.
For staff misconduct complaint cases, we rated the department attorneys’
performance as adequate in 18 cases, improvement needed in 9 cases, and
inadequate in 29 cases.
Our most common criticisms include delaying the investigative
or disciplinary process and providing what we considered to be
inappropriate advice or recommendations to hiring authorities regarding
investigative findings and disciplinary determinations.
For a breakdown of the department attorney ratings see Table 4 on the
next page.
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42 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
Table 4. Department Attorney Performance Ratings
Improvement
Case Type Adequate Inadequate Total
Needed
Administrative
Disciplinary and 46% (92 cases) 31% (62 cases) 23% (45 cases) 100% (199 cases)
Criminal
Staff Misconduct
32% (18 cases) 16% (9 cases) 52% (29 cases) 100% (56 cases)
Complaint
Totals 43% (110 cases) 28% (71 cases) 29% (74 cases) 100% (255 cases)
Source: The Office of the Inspector General Tracking and Reporting System.
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Vertical Advocates Frequently Delayed the
Disciplinary Process
One of the most common reasons we rated department attorneys’
performance inadequate was their failure to handle the disciplinary
process without undue delay. The department attorney’s role in the
disciplinary process includes consulting at the investigative and
disciplinary findings conference, drafting the disciplinary action for
service, and attending Skelly hearings. Even though it is of utmost
importance to complete these steps timely, department attorneys
frequently delayed the disciplinary process. When the department
assigns an attorney to a case, the hiring authority cannot complete
the investigative and disciplinary findings conference without the
department attorney’s participation. Similarly, when the department
attorney delays drafting the notice of disciplinary action, the resulting
discipline is also delayed. In 34 of the 74 cases in which we rated
department attorneys’ performance inadequate, the department attorney
delayed a critical step of the investigative and disciplinary process.
Administrative Disciplinary Cases
In 15 of the 45 administrative disciplinary cases in which the OIG rated
the department attorney’s performance as inadequate, we found that
department attorneys were responsible for significant delays of the
disciplinary process.
OIG Case No. 22-0046148-DM
An officer allegedly failed to properly review audio-video surveillance
system footage and falsely stated he had reviewed all the footage and
did not see that a search of a cell had been conducted even though the
footage showed it had been conducted. A sergeant allegedly improperly
denied an Allegation Investigation Unit investigator’s request for a copy
of the footage without personally reviewing it to verify that the request
was warranted. A lieutenant allegedly failed to report that the officer
misrepresented that the footage did not show that a cell search had been
conducted. Furthermore, the officer allegedly lied during an interview
with an investigator.
The hiring authority sustained the allegations against the officer and
dismissed him. The officer filed an appeal with the State Personnel
Board. Following an evidentiary hearing, the State Personnel Board
upheld the officer’s dismissal. The hiring authority did not sustain
the allegation against the sergeant. The hiring authority sustained the
allegation against the lieutenant and imposed a letter of reprimand.
However, the department attorney unduly delayed the investigative and
disciplinary process. The hiring authority completed the investigative
and disciplinary findings conference for the officer on July 3, 2023, but
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44 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
the department attorney did not provide a draft disciplinary action
for review until October 12, 2023, 101 days thereafter and 71 days after
policy required that the disciplinary action be served. As a result, the
officer continued to receive his full salary despite the hiring authority’s
decision to dismiss him. The hiring authority completed the investigative
and disciplinary findings for the lieutenant on May 15, 2023, but the
department attorney did not provide a draft disciplinary action for review
until October 18, 2023, 156 days later and 126 days after policy required
the disciplinary action to be served.
Staff Misconduct Complaint Cases
In 19 of the 29 staff misconduct complaint cases in which the OIG rated
the department attorney’s performance as inadequate, we found that
department attorneys were responsible for significant delays of the
disciplinary process.
OIG Case No. 24-00084217-INV
An officer allegedly tripped an incarcerated person during an escort,
which caused the incarcerated person to fall to the ground and sustain
injuries to his face, shoulder, and head. The hiring authority found
insufficient evidence to sustain the allegation.
The investigator completed the investigation and referred the matter to
the hiring authority on October 3, 2024. The hiring authority initially
scheduled the investigative and disciplinary findings conference
for November 22, 2024. However, on November 21, 2024, the day
before the conference, the department attorney notified the OIG
that the Office of Legal Affairs had delayed the conference because
the department attorney’s supervisor was unavailable to approve the
department attorney’s investigative and disciplinary findings conference
memorandum. The Office of Legal Affairs’ delay resulted in the hiring
authority not conducting the conference until January 9, 2025, 98 days
after the investigator completed the investigation and 84 days after
policy required.
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We Frequently Disagreed With the
Recommendations the Department Attorneys
Provided to Hiring Authorities
In addition to delaying the disciplinary process, we found department
attorneys sometimes did not provide appropriate recommendations or
legal advice to hiring authorities during investigative and disciplinary
findings conferences or when settling cases. Hiring authorities depend
on department attorneys for counsel about crucial disciplinary decisions
concerning subordinate employees. Nevertheless, we found department
attorneys made inappropriate recommendations during investigative and
disciplinary findings conferences.
Administrative Disciplinary Cases
In 18 of the 45 administrative disciplinary cases in which the OIG
rated the department attorney’s performance as inadequate, we found
that the department attorney did not provide appropriate advice and
recommendations to the hiring authority regarding the investigation,
investigative findings, and disciplinary determinations.
OIG Case No. 24-0086422-DM
An off-duty officer allegedly drove his vehicle with false registration
tags and a tinted license plate cover and was unable to provide proof
of insurance during a traffic stop. The officer also attempted to gain
preferential treatment and made false statements to outside law
enforcement upon his arrest. The officer also lied during his interview
with an investigator.
The hiring authority sustained the allegations, except for the allegation
that the officer had attempted to gain preferential treatment from
outside law enforcement and dismissed the officer. However, the officer
resigned before the department could serve the disciplinary action.
The department attorney inappropriately advised the hiring authority
against sustaining an allegation that the officer lied to outside law
enforcement when the officer claimed he was too busy to remove a tinted
cover on his vehicle license plate even though he admitted to outside law
enforcement that he had printed and affixed a fraudulent registration
sticker on the license plate two days before outside law enforcement
detained him. The department attorney also advised the hiring authority
against sustaining an allegation that the officer lied to an investigator
when the officer claimed he had been paying fines for his lack of current
registration and insurance on his personal vehicle from a prior detention,
even though court records showed the fines had not been imposed on the
officer from the prior detention until four days after his interview with
the investigator.
Office of the Inspector General, State of California
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46 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
Staff Misconduct Complaint Cases
In 22 of the 29 staff misconduct complaint cases in which the OIG
rated the department attorney’s performance as inadequate, we found
that the department attorney did not provide appropriate advice and
recommendations to the hiring authority regarding the investigation,
investigative findings, and disciplinary determinations.
OIG Case No. 24-0086429-INV
A warden, unknown supervisors, and unknown officers allegedly failed
to protect a transgender incarcerated person from being stabbed to death
by three other incarcerated people. Two additional officers allegedly
shared confidential information about the transgender incarcerated
person with other incarcerated people and advised them that the officers
would not protect the transgender incarcerated person.
The hiring authority found insufficient evidence to sustain the
allegations against the two officers and determined that the investigation
conclusively proved the alleged misconduct by unknown supervisors and
unknown officers did not occur. However, the hiring authority made no
finding on the allegation against the warden.
The department attorney inappropriately advised the hiring authority
not to include the prison’s warden as a subject of the investigation even
though the incarcerated person specifically alleged misconduct by the
warden. The department attorney based his reasoning on an unwritten
rule not to make hiring authorities subjects of investigations unless
the allegation included a “basis for knowledge” of the allegation by
the complaining incarcerated person. This standard does not exist in
regulation or written policy and is not applied to any other departmental
staff who are accused of misconduct against an incarcerated person.
The department should not apply an unwritten rule to protect hiring
authorities from being treated like all other departmental staff.
Furthermore, applying this unwritten rule in this case precluded the
warden from receiving a memorandum showing the allegation against
him was unfounded. When confronted with these arguments, the
department attorney responded, “I’d be glad to have OIG negatively
assess me on this issue.”
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 47
Vertical Advocates Prosecuted More Disciplinary
Cases Than in the Last Reporting Period, but
Demonstrated Some Room for Improvement
If discipline is imposed, the affected employee has the right to challenge
the penalty by filing an appeal with the State Personnel Board. If
the affected employee does not withdraw the appeal, or if the State
Personnel Board does not dismiss it, and if the case does not settle, it
proceeds to hearing. If the department assigns an attorney to the case,
the department attorney prosecutes the disciplinary matter before the
State Personnel Board. In this reporting period, appeals were filed
in 56 administrative disciplinary cases and in eight staff misconduct
complaint cases.
In this reporting period, we monitored 21 administrative disciplinary
cases that had been submitted to the State Personnel Board for a decision
after a full evidentiary hearing had been held, which is 10 more than
the number of cases in the last reporting period. Of those 21 cases, the
State Personnel Board either modified the penalty or did not uphold all
allegations in only seven cases. Department attorneys were able to secure
dismissals in 16 of the 18 dismissal cases taken to hearing.
In 2024, we did not monitor any staff misconduct complaint cases
litigated by a department attorney. In this reporting period, we
monitored two staff misconduct complaint cases department attorneys
litigated before the State Personnel Board. In one case, the State
Personnel Board reduced a dismissal to a 12-month suspension. In the
second case, the State Personnel Board revoked a salary reduction. In
that second case, the department attorney failed to call a use-of-force
expert despite having listed one on the prehearing witness list. The
officer who had appealed called his own expert witness.
Below is an example of an administrative disciplinary case in which we
rated the department attorney’s performance inadequate due to poor legal
representation before the State Personnel Board, which did not uphold
the allegations and penalty the department imposed.
OIG Case No. 21-0040521-DM
Two officers allegedly argued with and physically fought a civilian at
a restaurant. The first officer allegedly tried to punch the civilian in
the face through an open car window as the civilian slowly drove past,
and the civilian shot the first officer in the neck. Both officers allegedly
lied to the traditional section of the Office of Internal Affairs about the
incident and claimed they were trying to de-escalate the situation with
the civilian, that it was not safe to leave the restaurant where the fight
occurred, and that the second officer did not see the first officer try to
punch the civilian.
Office of the Inspector General, State of California
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48 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
The hiring authority sustained the allegations and dismissed the officers.
At hearing, an expert witness testified for the officers that they did not
lie during their interviews but had simply forgotten facts regarding the
incident due to feeling threatened. The State Personnel Board upheld the
first officer’s dismissal but reduced the second officer’s penalty from a
dismissal to a three-month suspension without pay after agreeing with
the officers’ expert. Both officers and the department filed petitions for
writ of mandamus challenging the State Personnel Board’s decisions. The
superior court denied the writ petitions.
Prior to the hearing, the officers filed prehearing settlement conference
statements identifying an expert witness they would call at hearing in
defense to the dishonesty allegations. The expert witness would testify
how individuals can suffer from memory loss and memory distortion
from an incident when the individual feels under threat. Despite being
aware of the officers’ defense, the department attorney failed to retain an
expert witness to rebut that testimony.
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 49
Initial Data Shows Regional Hiring
Authorities Within the Department’s
New Centralized Allegation
Resolution Unit Are Reviewing
Investigations In a More Thorough
and Timely Manner
The most serious complaints of alleged staff misconduct directed
towards incarcerated or supervised people, or allegations that
require specialized skills to investigate, are referred to the Allegation
Investigation Unit for investigation. After an investigation is completed,
an investigative report is submitted to a hiring authority for review. Once
the report is received, the hiring authority conducts an investigative and
disciplinary findings conference, during which the sufficiency of the
investigation is addressed, findings are made for each allegation, and
when pertinent, the level of penalty is determined. Historically, hiring
authorities who reviewed investigations and made findings regarding
the investigation were generally the warden of the prison from which the
alleged misconduct arose.
However, effective January 2, 2025, the department instituted a policy
directing all Allegation Investigation Unit investigative reports involving
allegations of nonmedical staff misconduct arising from six designated
prisons be reviewed by a newly formed unit named the Centralized
Allegation Resolution Unit (CARU) rather than having the prisons’ own
hiring authorities review the matter.
CARU is divided into three regional locations—north, central, and
south—each operating separately from the prison within those regions.
Once CARU receives an investigative report, it is assigned to a hiring
authority in one of the regions for an investigative and disciplinary
findings conference. In addition to reviewing investigative reports and
making findings on the allegations of staff misconduct, CARU also drafts
the disciplinary action when no department attorney is assigned. When
a department attorney is assigned to the case, CARU facilitates the State
Personal Board appeals process. The prison remains responsible for
serving the disciplinary action and all other relevant documents on the
affected employee. Two chief deputy wardens who are assigned to each
of the three regions, individually function as the hiring authority during
the investigative and disciplinary findings conference. In addition, each
region has four employee relations officers as well as additional support
staff to assist in the disciplinary process. As of now, CARU is responsible
for handling investigative and disciplinary findings at 18 prisons within
the Division of Adult Institutions. See Figure 3 on the next page for a
time line of CARU proliferation at prisons..
Office of the Inspector General, State of California
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50 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
Figure 3. Time Line of CARU Proliferation at Prisons
• Avenal State Prison
• California State Prison,
January August Centinela
2025 2025
• Folsom State Prison
• California State Prison,
• Ironwood State Prison
Sacramento
• North Kern State Prison
• Mule Creek State Prison
• San Quentin
• Salinas Valley State Prison
Rehabilitation Center
• California State Prison, • California Health Care Facility
Corcoran
• California Medical Facility
• California State Prison,
• High Desert State Prison
Los Angeles County
• California Institution
for Women May October
2025 2025
• Kern Valley State Prison
• Richard J Donovan
State Prison
• Substance Abuse Treatment
Facility at Corcoran
Source: California Department of Corrections and Rehabilitation Memorandum dated September 16, 2025, Re: Subject Expansion
of the Centralized Allegation Resolution Unit – October 1, 2025.
As displayed in Figures 4 and 5 on the next page, during this reporting
period, CARU received 902 Allegation Investigation Unit investigations.
Of those investigations, 188 were returned to the Allegation Investigation
Unit for further investigation, or 20.8 percent of the investigations routed
to CARU. During the same period, hiring authorities at CARU addressed
2,335 individual allegations, of which 317 were sustained, or 13.6 percent
of allegations. In contrast, the Allegation Investigation Unit sent a total
of 1,228 investigations to all non-CARU hiring authorities for review
during the relevant period. Of those investigations, 40 were returned
for further investigation, or 3.3 percent. Non-CARU hiring authorities
addressed 3,145 individual allegations, of which 233 were sustained, or
7.4 percent of allegations.1
1. The original version of this report was published on December 3, 2025. However, after
the report was published, the OIG discovered that the data provided by the department
utilized in this section contained faulty assumptions that led to publication of inaccurate
data. After subsequent consultation, the department provided the OIG with corrected
data. On May 4, 2026, we updated the information on pages 50 and 51 of this report to
correct the inaccurate data previously published. In addition, the original report compared
the performance of CARU hiring authorities to the performance of all hiring authorities
collectively, which included both CARU and non-CARU hiring authorities. To better
display the data in this updated version of the report, CARU hiring authorities are directly
compared to non-CARU hiring authorities. We have included the versions of pages
50 and 51 of the report published on December 3, 2025, as Appendix A of this updated
publication to provide a record of the information as originally published.
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January– June 2025 | 51
Figure 4. Investigations Received and Returned
40 (3.3%)
Non-CARU 1,188
N = 1,228
Hiring Authorities (96.7%)
Returned
CARU 188 714
N = 902 Not Returned
Hiring Authorities (20.8%) (79.2%)
0 200 400 600 800 1,000 1,200 1,400
Source: California Department of Corrections and Rehabilitation’s Office of Research request 2603-038.
Figure 5. Allegations Addressed
Non-CARU 233 2,912
N = 3,145
Hiring Authorities (7.4%) (92.6%)
Sustained
CARU 317 2,018 Not Sustained
N = 2,335
Hiring Authorities (13.6%) (86.4%)
0 500 1,000 1,500 2,000 2,500 3,000 3,500
Source: California Department of Corrections and Rehabilitation’s Office of Research request 2603-038-R1.
Office of the Inspector General, State of California
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52 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
The aforementioned data demonstrates that during the reporting period,
CARU hiring authorities returned investigations to the Allegation
Investigation Unit and sustained allegations at a higher rate than
traditional hiring authorities. While statistics are preliminary and not
directly reflective of improvement over the traditional process on their
own, given the concerns discussed in previous OIG reports regarding the
sufficiency of investigations and failure to sustain allegations when the
evidence supports it, this initial data appears to at least suggest a positive
pattern overall in these areas. However, it should be noted that the OIG
was unable to monitor most of these cases. Therefore, our presentation
of this data does not include an assessment of the soundness of the
decisions the CARU hiring authorities made in these cases.
The OIG monitored 31 CARU-conducted investigative and disciplinary
findings conferences during this period. So far, we completed monitoring
of four cases and are in the process of monitoring more cases that we
anticipate discussing in our next report.
Although we published case summaries for four of the 31 cases before
the close of this reporting period, the remaining 27 case summaries
have not yet been published. Of the 31 cases, the hiring authority failed
to timely conduct the conference in only two instances, or 6.5 percent.
The most significant delay was 48 days after the report was received by
CARU. During the same period, the OIG completed its monitoring of a
total of 84 Allegation Investigation Unit cases that ultimately resulted
in investigative and disciplinary findings conferences conducted by any
hiring authority. Of those, 40 conferences, or 47.6 percent, were not
held timely. Moreover, there were multiple examples of the conference
being held more than 100 days after the report was received. The initial
CARU performance data suggests that the implementation of CARU
has resulted in a significant improvement in the department’s ability to
timely conduct investigative and disciplinary findings conferences after
an investigation has been completed.
We note that the current CARU data discussed above is still preliminary.
The OIG has not completed its monitoring of most cases handled by
CARU hiring authorities because the unit is new and the disciplinary
process is often protracted. The OIG intends to revisit CARU’s
performance in subsequent reports after additional data is collected and
a more complete assessment can be formulated.
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 53
During This Reporting Period,
the OIG Monitored Investigations
Opened in Response to a Lawsuit
Filed by Formerly Incarcerated People
Alleging Sexual Assault, Harassment,
and Misconduct at Women’s Prisons
In February of 2024, we became aware of a wave of lawsuits that
currently and formerly incarcerated people had begun filing against the
department regarding allegations of staff sexual assault, harassment,
and misconduct. The lawsuits named the department as a defendant
but also accused multiple correctional officers of committing egregious
acts of sexual misconduct over a period of several years. At least 279
incarcerated or formerly incarcerated people at Central California
Women’s Facility, California Institution for Women, Folsom Women’s
Facility, and Valley State Prison, accused at least 83 correctional
employees of sexual misconduct alleged to have occurred over
several years.
In response to the lawsuit, the Office of Internal Affairs approved
multiple criminal and administrative investigations into these allegations
of sexual misconduct. The allegations included but were not limited
to rape, digital penetration, oral copulation, and sexual battery. The
OIG decided to monitor a sample of the cases because it would not
have been feasible to monitor all of them due to the sheer number
of cases. In response to these lawsuits, the department approved at
least 402 investigations, and the OIG monitored and closed 92 of the
investigations. Of the 92 investigations, 68 were criminal investigations
and 24 were administrative disciplinary investigations.
Office of the Inspector General, State of California
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54 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
The OIG Found the Office of Legal Affairs
Significantly Delayed Referring Matters to the
Office of Internal Affairs for Investigation
Delayed investigation of sexual assault significantly impairs the integrity
and effectiveness of the investigative process. When the Office of Legal
Affairs was served with multiple civil lawsuits, the lawsuits did not
identify the incarcerated or supervised person (i.e., the complainant)
by name but instead identified each complainant using the “Jane Doe”
identifier and using two letters followed by numbers (e.g., ML-142). The
two letters identified the first and last initials of the complainant and
the number reflected the chronological indicator of the number of the
complaint. The complaints also contained the complainant’s date of
birth and years of incarceration. Therefore, the department should have
been able to identify the incarcerated people and refer the matters to the
Office of Internal Affairs to investigate the allegations. However, despite
the serious nature of the allegations, the Office of Legal Affairs failed
to immediately refer the allegations to the Office of Internal Affairs for
investigation. In just seven cases, the department assigned an attorney
to handle the case; the remaining cases were handled by the employee
relations officer.
In 22 of the 68 criminal cases we monitored, we found that the Office of
Legal Affairs’ performance was inadequate because it delayed referring
the matter to the Office of Internal Affairs, on average, for more than
nine months. Worse, the allegations were against staff ranging in
classification from officer to lieutenant who were still employed by the
department at the time the department received the lawsuit and were,
therefore, put on notice of the alleged misconduct. In addition, 10 of
these cases involved allegations against the same officer.
In all but one case, the hiring authority found insufficient evidence to
sustain the allegations. The OIG concurred with the findings. However,
in one case, the hiring authority sustained an allegation that an officer
had written personal letters to an incarcerated person and made no
findings on the sexual abuse allegations. The OIG disagreed because this
officer had already been dismissed for the same sexual misconduct in
2018. In addition, in all but two cases, the deadline to impose discipline
had expired because the misconduct allegedly occurred between the
years 2001 and 2022.
Below are examples of some of the criminal investigations we monitored.
OIG Case No. 24-0076187-CM
Between June 1, 2014, and August 31, 2014, a lieutenant allegedly shoved
an incarcerated person into the closet multiple times and forced her to
orally copulate him. The incarcerated person filed her complaint in court
Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 55
alleging sexual abuse, but the Office of Legal Affairs delayed referring
the matter to the traditional section of the Office of Internal Affairs for
an investigation until 274 days after receiving notice of the complaint.
The lieutenant is still an active employee with the department.
OIG Case No. 24-0076405-CM
Between January 1, 2012, and December 31, 2013, a sergeant and two
officers allegedly touched, fondled, and groped an incarcerated person
on her breasts, buttocks, and genitals under her clothes, forced the
incarcerated person to perform oral sex on them, and penetrated the
incarcerated person’s genitals with their fingers. The incarcerated
person filed her complaint in court alleging sexual abuse, but the Office
of Legal Affairs delayed referring the matter to the traditional section
of the Office of Internal Affairs for an investigation until 272 days after
receiving notice of the complaint. The sergeant and one officer are still
active employees with the department.
OIG Case No. 24-0076825-CM
Between January 1, 2019, and December 31, 2019, an officer allegedly
demanded an incarcerated person remove her clothes and perform
oral copulation. The officer also allegedly penetrated the incarcerated
person’s anus with his genitalia. The incarcerated person filed her
complaint in court alleging sexual abuse, but the Office of Legal Affairs
delayed referring the matter to the traditional section of the Office of
Internal Affairs for an investigation until 257 days after receiving notice
of the complaint. The officer is still an active employee and has been
named in several complaints.
Office of the Inspector General, State of California
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Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025 | 57
Conclusion
In monitoring the department’s investigative and disciplinary process,
we observed areas in which the department’s performance improved
and areas in which its performance did not improve. For example, as
previously mentioned, hiring authority performance in administrative
disciplinary cases was rated slightly worse than in the previous reporting
period. However, we found that department attorneys prosecuted
more cases before the State Personnel Board and generally obtained
favorable results when doing so. We also found that the traditional
section of the Office of Internal Affairs performed much better when
conducting administrative disciplinary and criminal investigations
than the Allegation Investigation Unit did conducting staff misconduct
complaint investigations. The OIG will continue to monitor and assess
the department’s performance in handling criminal and administrative
disciplinary cases along with staff misconduct cases in a combined
report with an eye towards reporting trends in the interest of
public transparency.
Office of the Inspector General, State of California
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Office of the Inspector General, State of California
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Monitoring Internal Investigations and the Employee Disciplinary Process, January– June 2025 | 59
Appendix A
Page 50 of Report as Originally Published on December 3, 2025
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50 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
Figure 3. Time Line of CARU Proliferation at Prisons
• Avenal State Prison
• California State Prison,
January August Centinela
2025 2025
• Folsom State Prison
• California State Prison, • Ironwood State Prison
Sacramento
• North Kern State Prison
• Mule Creek State Prison
• San Quentin
• Salinas Valley State Prison Rehabilitation Center
• California State Prison, • California Health Care Facility
Corcoran
• California Medical Facility
• California State Prison,
• High Desert State Prison
Los Angeles County
• California Institution
for Women May October
2025 2025
• Kern Valley State Prison
• Richard J Donovan
State Prison
• Substance Abuse Treatment
Facility at Corcoran
Source: California Department of Corrections and Rehabilitation Memorandum dated September 16, 2025, Re: Subject Expansion
of the Centralized Allegation Resolution Unit – October 1, 2025.
As displayed in Figures 4 and 5 on the next page, during this
reporting period, CARU received 1,037 Allegation Investigation Unit
investigations. Of those investigations, 217 were returned to the
Allegation Investigation Unit for further investigation, or 20.9 percent
of the investigations routed to CARU. During the same period, hiring
authorities at CARU addressed 1,696 individual allegations, of which
212 were sustained, or 12.5 percent of allegations, resulting in 85 subjects
receiving adverse action. In contrast, the Allegation Investigation Unit
sent a total of 2,594 investigations to all hiring authorities for review
during the relevant period. Of those investigations, 218 were returned
for further investigation, or 8.4 percent. Hiring authorities addressed
5,298 individual allegations, of which 352 were sustained, or 6.6 percent
of allegations, resulting in 116 subjects receiving adverse action. It is
also noteworthy that the above totals include all cases routed by the
Allegation Investigation Unit to all hiring authorities, including CARU
hiring authorities. This means most cases returned to the Allegation
Investigation Unit were returned by CARU hiring authorities.
The information presented in this paragraph was discovered to be inaccurate after
publication of the report on December 3, 2025. The information was corrected and
republished on May 4, 2026. We are providing this information here for the purposes
of creating a record of the information previously published.
Office of the Inspector General, State of California
Office of the Inspector General, State of California
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60 | Monitoring Internal Investigations and the Employee Disciplinary Process, January – June 2025
Page 51 of Report as Originally Published on December 3, 2025
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Monitoring Internal Investigations and the Employee Disciplinary Process, January– June 2025 | 51
Figure 4. Investigations Received and Returned
All Hiring 218 2,376
N = 2,594
Authorities (8.4%) (91.6%)
Returned
Not Returned
217 820
CARU (20.9%) (79.1%) N = 1,037
0 500 1,000 1,500 2,000 2,500
Source: California Department of Corrections and Rehabilitation’s Office of Research requests 2507-013 and 2507-229.
Figure 5. Allegations Addressed
All Hiring 352 4,946 N = 5,298
Authorities (6.6%) (93.4%)
212
(12.5%) Sustained
CARU ( 1 87 ,4 .5 8 % 4 ) N = 1,696 Not Sustained
0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 5,000
Source: California Department of Corrections and Rehabilitation’s Office of Research requests 2507-013 and 2507-229.
The information presented in Figures 4 and 5 was discovered to be inaccurate after
publication of the report on December 3, 2025. The information was corrected and
republished on May 4, 2026. We are providing this information here for the purposes
of creating a record of the information previously published.
Office of the Inspector General, State of California
Office of the Inspector General, State of California
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Monitoring
Internal Investigations, Staff Misconduct
Complaint Investigations, and
the Employee Disciplinary Process of
the California Department of
Corrections and Rehabilitation
Semiannual Report
January – June 2025
OFFICE of the INSPECTOR GENERAL
Amarik K. Singh
Inspector General
Shaun Spillane
Chief Deputy Inspector General
STATE of CALIFORNIA
December 2025
OIG