Report I2019-1 Recommendations
After the State Auditor's Office completes an investigation and issues a copy of its investigative report to the state department involved, the department is required by the Whistleblower Protection Act to provide the State Auditor with information about the actions it has taken in response to the report. Within 60 days of receiving the report, the department must report to the State Auditor any disciplinary action it has taken or intends to take against any employee who was a subject of the investigation. Also within 60 days, the department must report to the State Auditor any actions it has taken or intends to take to implement the recommendations made in the report to prevent the continuation or recurrence of the improper activities described in the report. When the department has not completed all of its intended actions within 60 days, the department must report on its actions monthly thereafter until all of its intended actions have been taken. Below is a listing of each recommendation the State Auditor made in the report referenced, as well as a link to a summary of what the department has reported to the State Auditor about its actions in response to the report. Information about the department’s responsive actions and the State Auditor’s assessment of those actions will be updated on this site quarterly.
Recommendations in Report I2019-1: Investigation of Improper Activities by a State Agency and Its Employees: A Director Committed Gross Misconduct When She Repeatedly Violated Merit‑Based Employment Principles and Attempted to Retaliate Against Suspected Whistleblowers (Release Date: March 2019)
| Recommendations for Case I2019-1 Department: California, State of | ||
|---|---|---|
| Number | Recommendation | Status |
| 1 | Given the totality of the director's improper conduct, the oversight agency should work with the Governor's office to take appropriate steps to ensure that the director, and any other individual who may occupy her position, cannot take similar actions. |
Fully Implemented |
| 2 | The oversight agency should require the director, the HR chief, and the senior staff member to undergo CalHR or SPB training on the requirements for making good faith appointments. |
Fully Implemented |
| 3 | The oversight agency should ensure that the department strengthens its nepotism policy so that it prohibits employees with personal relationships from having any involvement in the selection, appointment, promotion, retention, supervision, and discipline of one another. |
Fully Implemented |
| 4 | The oversight agency should discipline the director's daughter for her improper activities and document the actions in her official personnel file. |
Fully Implemented |
| 5 | The oversight agency should collect $129,329 from the director's daughter for her fraudulent claims of time worked. |
Resolved |
| 6 | The oversight agency should suspend the director's daughter's telecommuting agreement. |
Resolved |
| 7 | The oversight agency should require the IT manager and the new supervisor to attend external training related to the proper supervision of staff and, in particular, of staff who work remotely. |
Resolved |
| 8 | The oversight agency should require the director, IT manager, and the new supervisor to undergo training by CalHR related to the proper procedures to formalize and manage reasonable accommodations. |
Fully Implemented |
| 9 | The oversight agency should ensure that all staff who are currently permitted to telecommute full time have the proper documentation and justification on file and require that telecommuting agreements be reevaluated annually. |
Fully Implemented |
| 10 | Given the totality of the director's improper conduct, the oversight agency should work with the Governor's office to take appropriate steps to ensure that the director, and any other individual who may occupy her position, cannot take similar actions. (Duplicate of Recommendation 1) |
Fully Implemented |
| 11 | The oversight agency should require the director, HR chief, and the senior staff member to undergo CalHR or SPB training on the requirements for making good-faith appointments, permissible reinstatements, leaves of absences, and pay differentials. |
Fully Implemented |
| 12 | Given the totality of the director's improper conduct, the oversight agency should work with the Governor's office to take appropriate steps to ensure that the director, and any other individual who may occupy her position, cannot take similar actions. (Duplicate of Recommendation 1) |
Fully Implemented |