Report 2009-107.1 Recommendation 5 Responses

Report 2009-107.1: California Department of Corrections and Rehabilitation: It Fails to Track and Use Data That Would Allow It to More Effectively Monitor and Manage Its Operations (Release Date: September 2009)

Recommendation #5 To: Corrections and Rehabilitation, Department of

To more closely align its operations with state law and its own policy, make certain that inmates are provided with an adequate level of supervision, and protect the health and safety of employees and inmates, Corrections should encourage the Department of Personnel Administration to negotiate a reduction in the amount of voluntary overtime a correctional officer is allowed to work in future collective bargaining unit agreements, in order to reduce the likelihood that involuntary overtime will cause them to work more than 80 hours of overtime in total during a month.

Annual Follow-Up Agency Response From September 2015

The California Department of Human Resources has reached an understanding on voluntary overtime that will go into effect if a full agreement is made on the successor MOU for BU 6. In addition, the following should reduce the possibility of Correctional Officers (COs) exceeding the 80 hours of overtime in the control period: (a) the amount of CO vacancies has greatly diminished since 2009, therefore, the amount of overtime (voluntary and involuntary) has significantly diminished, (b) on July 27, 2015, CDCR reduced the CO Academy from 16 weeks to 12 weeks, increasing its ability to fill vacancies more quickly, (c) as of July 2015, CDCR had 1,276 CO candidates available to begin future CO Academies. The current vacancy rate for COs, statewide is at 4 percent. Institutions with a higher percentage of vacancies continue to receive COs from the Academy each month. By February 2016, CDCR anticipates the average statewide vacancy rate should be less than 1 percent.

  • Completion Date: August 2015

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Corrections states that it has reached an understanding on voluntary overtime that will go into effect if a full agreement is made on the next MOU. However, Corrections does not specify what that understanding is and did not provide documentation to demonstrate its claim that it reached an understanding with the California Department of Human Resources.

  • Auditee did not substantiate its claim of full implementation

Annual Follow-Up Agency Response From October 2014

As stated previously, the new MOU ratified for BU6 on September 28, 2013, does not allow for the Department to mandate involuntary overtime if staff elects to volunteer even if the staff volunteering are over 80 hours of overtime during the work period. See BU6 MOU section 12.05 Voluntary Overtime BY Seniority. The MOU also has a new 7k process where it is now a 7-day work week and overtime begins after 41 hours, so it is no longer a "work period" but now a "pay period".

  • Completion Date: September 2013

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Corrections response does not address the efforts it took to encourage a reduction to voluntary overtime allowed in future bargaining unit agreements. The bargaining unit agreement referenced still allows voluntary overtime up to 80 hours and involuntary overtime is still allowed. Therefore, it is unclear how these changes impacted correctional officers working more than 80 hours overtime in a month and whether there was an improvement as a result of the changes.

  • Auditee did not substantiate its claim of full implementation
  • Auditee did not address all aspects of the recommendation

Annual Follow-Up Agency Response From October 2013

As stated previously, the new MOU ratified for BU6 on September 28, 2013, does not allow for the Department to mandate involuntary overtime if staff elects to volunteer even if the staff volunteering are over 80 hours of overtime during the work period. See BU6 MOU section 12.05 Voluntary Overtime BY Seniority. The MOU also has a new 7k process where it is now a 7-day work week and overtime begins after 41 hours, so it is no longer a "work period" but now a "pay period".

  • Completion Date: September 2013

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Corrections response does not address the efforts it took to encourage a reduction to voluntary overtime allowed in future bargaining unit agreements. The bargaining unit agreement referenced still allows voluntary overtime up to 80 hours and involuntary overtime is still allowed. Therefore, it is unclear how these changes impacted correctional officers working more than 80 hours overtime in a month and whether there was an improvement as a result of the changes.

  • Auditee did not substantiate its claim of full implementation
  • Auditee did not address all aspects of the recommendation

Annual Follow-Up Agency Response From September 2012

Correctional Officers work 168 hours in a 28 day work period. Overtime is calculated after the 168 hours. The 80 hour cap was an arbitration the department lost and as such cannot implement this recommendation in its entirety.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement


All Recommendations in 2009-107.1

Agency responses received after June 2013 are posted verbatim.


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