Report I2020-2 Recommendations

The department for which the attorney worked should document in the attorney's personnel file that he was under investigation for misuse of state time and resources when he retired.

Within 60 days, the California Department of Veterans Affairs (CalVet) should work with the Governor's Office to take corrective action against the senior executive for his decisions related to the improper emergency justifications.

Within 60 days, CalVet should request that the Department of General Services provide training to the senior executive, the Homes Division's management, and the veteran homes' management regarding the appropriate use of emergency exceptions for contracts.

Within 60 days, CalVet should implement written procedures within the emergency justification approval process to require (1) an evaluation of whether another procurement option is viable for each proposed emergency justification request and (2) a legal review of whether the situation described in the justification meets the elements of an emergency as defined by state law.

The California Department of Education (Education) should Immediately cease approving any exemptions from advertising vacant positions without appropriate legal authority.

Education should immediately cease any higher-than-minimum salary approvals without proper justification.

Education should work with the California Department of Human Resources (CalHR) to determine whether Education's delegated authority to approve higher-than-minimum salaries should be withdrawn. If CalHR allows Education to retain the authority, Education should work with CalHR to develop eligibility, review, and documentation criteria for higher-than-minimum salary approval and to provide training to HR staff.

Education should ensure that all HR staff and managers attend training on the State's hiring process to understand the constitutional requirement that appointments to state civil service be based on merit and open to competition.

Education should work with CalHR and the State Personnel Board to determine whether any of the appointments that involved Manager B and Manager C's waiver process were illegal and take appropriate steps to void those appointments.

Education should take appropriate corrective and disciplinary actions against the managers and HR staff discussed in this report regarding the actions they took or their failures to take action.

Within 30 days, the Department of State Hospitals (State Hospitals) should consult with the California Department of Human Resources (CalHR) to obtain its determination about whether telepsychiatrists meet the criteria for safety retirement benefits. If CalHR determines that telepsychiatrists do not meet the criteria for safety retirement benefits, take immediate action to reclassify telepsychiatrists to the appropriate retirement category and notify all affected employees.

Within 30 days, State Hospitals should consult with CalHR, the California Public Employees' Retirement System, and the State Controller's Office (SCO) to retroactively correct any errors made to affected employees' retirement contributions, including Social Security deductions.

Within 60 days, State Hospitals should distribute CalHR's policy on the safety retirement benefits designation to HR staff at each state hospital facility and instruct staff to consult with CalHR as the law requires.

Within 60 days, the California Department of Transportation (Caltrans) should initiate appropriate corrective actions against the employees and their supervisors where necessary for misusing state vehicles to commute.

Within 60 days, Caltrans should determine the options available for cost recovery and recoup the costs associated with the vehicle misuse, if feasible.

Within 120 days, Caltrans should determine whether other individuals within the employees' division regularly drive state vehicles home. If so, it should determine whether they have a legally permissible reason for doing so, ensure that they meet the qualifications for and have received storage permits, and investigate vehicle misuse as necessary.

The California Department of Forestry and Fire Protection (CAL FIRE) should consider placing a notice of the investigation in each of the chiefs' personnel file, as all three chiefs are no longer employed by CAL FIRE.

CAL FIRE should establish a process regarding procurement decisions to ensure that contracts undergo applicable state requirements.

CAL FIRE should provide contract and procurement training to applicable CAL FIRE employees, including those involved in drafting, negotiating, or approving contracts. The training should include a review of the State Contracting Manual to ensure that staff understand the policies, rules, and statutes applicable to external review and to procuring vendors and awarding contracts.

Within the next 60 days, the Department of Industrial Relations (Industrial Relations) should complete the process of voiding the candidate's appointments to the SSM I, SSM II, and SSM III positions.

Within the next 60 days, Industrial Relations should initiate an accounts receivable to collect the overpayments given to the candidate to prevent additional funds from exceeding the statute of limitations.

Industrial Relations should take corrective action against any civil servant who facilitated the candidate's unlawful appointment.

Industrial Relations should work with the executive official's current employer to take appropriate steps to ensure she is prevented from taking similar actions. In addition, Industrial Relations should work with her current employer to ensure she undergoes California Department of Human Resources or State Personnel Board training on the requirements for making good-faith appointments.

The Franchise Tax Board (FTB) should take appropriate corrective or disciplinary action against the staff trainer for improperly reporting hours worked and misusing her state-issued computer.

FTB should recover overpayments made to the staff trainer or adjust the staff trainer's leave balances to account for the missed work time.

The California Department of Justice (DOJ) should initiate appropriate corrective or disciplinary actions against the analyst and secretary for their time abuse and dishonesty.

DOJ should determine whether it can quantify any of the overpayments made to the secretary and either recover overpayments made to both the analyst and secretary or adjust their leave balances to account for the missed work time.

DOJ should initiate steps to improve supervision of the analyst and secretary, including ensuring that their supervisors work in close proximity to them to monitor their arrival and departure times.