Report 2021-104 Recommendation 6 Responses

Report 2021-104: Metropolitan Water District of Southern California: Its Leadership Has Failed to Promote Transparency or Ensure a Fair and Equitable Workplace (Release Date: April 2022)

Recommendation #6 To: Metropolitan Water District of Southern California

To better position itself to handle all EEO responsibilities required by state and federal law and best practices, by October 2022 MWD should implement the following improvements to its EEO office:

- Create and fill additional positions that are commensurate with the workload of the EEO office, including additional staff to handle investigations, training, and compliance.

- Assign formal, written responsibilities for specific staff within the office.

- Structure the EEO office in such a manner that it can operate independently, with minimal potential threats to impartiality.

6-Month Agency Response

Metropolitan's EEO Office now reports directly to the General Manager. Metropolitan created and hired new Chief EEO Officer, Deputy Chief EEO Officer, and Chief EEO Investigator positions to manage the work of the EEO Office. The EEO Officer expanded the EEO Office and developed a new investigator job description series to enhance Metropolitan's internal review capabilities. The new job descriptions enable the EEO Office to oversee and conduct complex investigations that would otherwise be conducted by external investigators. To provide independence and impartiality, the investigator positions are unrepresented and exempt.

EEO policies state that the GM has authorized the EEO Officer to be the governing authority for EEO matters.

The last key position (Chief EEO Investigator) was created and the EEO Office hired two employees for this position. Both employees started in the Chief EEO Investigator position in September 2022. A Principal EEO Analyst was selected and is scheduled to start on October 31, 2022. An EEO Compliance Coordinator position is budgeted in the FY 2022/23 budget.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

MWD provided evidence of additional hires to its EEO Office. While the office is not yet fully staffed, it is significantly better staffed than during our review. Further, MWD provided documentation related to staff's responsibilities, which cover the function of the office generally and the specific tasks referenced in the recommendation.

60-Day Agency Response

Metropolitan's EEO Office now reports directly to the General Manager. Metropolitan created and hired new Chief EEO Officer and EEO Section Manager positions to manage the work of the EEO Office. The EEO Officer expanded the EEO Office from six budgeted positions to eight positions and developed a new investigator job description series to enhance Metropolitan's internal review capabilities. The new job descriptions will enable the EEO Office to oversee and conduct complex investigations that would otherwise be conducted by external investigators. To provide independence and impartiality, the investigator positions are proposed to be unrepresented and exempt.

EEO policies indicate that the GM has authorized the EEO Officer to be the governing authority for EEO matters.

New job descriptions and overall EEO organizational structure require Metropolitan to meet and confer with its bargaining units. The first meeting was held on June 17, 2022 and the next meeting is scheduled on June 22, 2022.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

MWD provided a proposed organizational chart, as well as job descriptions for two key positions and documentation that it has filled those positions. We will reevaluate this recommendation in October 2022 to assess MWD's further progress.

All Recommendations in 2021-104

Agency responses received are posted verbatim.