Report I2022-1 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 departmentís responsive actions and the State Auditorís assessment of those actions will be updated on this site quarterly.

Recommendations in Report I2022-1: Investigations of Improper Activities by State Agencies and Employees: Inexcusable Neglect of Duty, Inefficiency, Improper Payments, Misuse of State Resources, Attendance Abuse, and Improper Hiring (Release Date: May 2022)

Recommendations for Case I2019-0204
Department: Parks and Recreation, Department of
Number Recommendation Status

The Department of Parks and Recreation (State Parks) should take appropriate corrective or disciplinary action against the district administrative officer and the district superintendent for their failures to follow state law and civil service rules when they assigned the employee to perform duties of a classification other than one to which her position was allocated.

Fully Implemented

State Parks should take appropriate corrective or disciplinary action against the HR liaison who violated the law by breaching the confidentiality of our investigation.

Fully Implemented

State Parks should provide training to all relevant staff about the confidential nature of the State Auditor's work specific to whistleblower investigations.

Fully Implemented

State Parks should recover the amount improperly paid to the employee to the extent permitted by state law.

Recommendations for Case I2019-1845
Department: Lottery Commission, California State
Number Recommendation Status

The California State Lottery (Lottery) should take appropriate corrective or disciplinary action against the managers involved to ensure that they provide adequate supervision of their subordinates in the future.

Fully Implemented

The Lottery should initiate and pursue reimbursement, whether through direct payment or reduced leave balances, from Employees A and B for the hours for which they were paid but did not work.

Fully Implemented
Recommendations for Case I2020-0180
Department: Developmental Services, Department of
Number Recommendation Status

The Department of Developmental Services (Developmental Services) should create written procedures to ensure compliance with the FLSA and include instructions specific to submission of the renewal application to the U.S. Department of Labor. The procedures should also include instructions for the required corrective actions related to retroactive payments when errors are identified.

Fully Implemented

Developmental Services should provide formal training pertaining to compliance with applicable sections of the FLSA to all employees responsible for the wage program and submission of the renewal application, including supervisors and management. The training should include how to develop prevailing wage surveys, time studies, and wage rates, and how to maintain proper recordkeeping.

Fully Implemented
Recommendations for Case I2020-1033
Department: Emergency Services, Office of
Number Recommendation Status

The California Governor's Office of Emergency Services (Cal OES) should, within the next 60 days, work with the CalHR and the State Personnel Board to complete the process of voiding the junior manager's unlawful appointment to the midlevel manager position.

Fully Implemented

Cal OES should, by June 2022, conduct the planned training on the merit-based hiring process for all employees involved in Cal OES's hiring and selection process.

Fully Implemented
Recommendations for Case I2020-2058
Department: Corrections and Rehabilitation, Department of
Number Recommendation Status

The California Department of Corrections and Rehabilitation (CDCR) should reconcile the unaccounted for or unapproved leave use that we identified for the eight employees whose records we reviewed to ensure that their union leave since January 2019 has been correctly recorded, supported with approved requests, and paid for by the correct source.

Fully Implemented

CDCR should require the state employees who work on the reconciliation of employee-funded union leave to routinely cross-check that hours used are supported by union leave requests. They should further ensure that the dates and hours requested are consistent by including and thoroughly reviewing union members' union leave requests as part of the reconciliation process.

Fully Implemented

CDCR should establish written policies and procedures instructing its individual institutions to reconcile employees' timesheets with union leave requests when the employees report taking union leave.

Fully Implemented
Recommendations for Case I2021-0011
Department: Transportation, Department of
Number Recommendation Status

The California Department of Transportation (Caltrans) should consider including notice of this investigation in the superintendent's personnel file.

Fully Implemented

Caltrans should calculate the cost of the vehicle misuse and pursue collection of the funds from the superintendent.

Partially Implemented

Caltrans should improve management oversight procedures as appropriate and take steps to ensure that the Caltrans employees who use state vehicles at the superintendent's facility are doing so for state business only.

Fully Implemented

Print all recommendations and responses.