Report I2020-2 Recommendation 8 Responses

Report I2020-2: Investigations of Improper Activities by State Agencies and Employees: Wasteful and Improper Personnel Decisions, Improper Contracting, Conflict of Interest, Misuse of State Resources, and Dishonesty (Release Date: October 2020)

Case Number I2018-0745

Recommendation #8 To: Education, Department of

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.

Agency Response From September 2021

Education reported that the SPB found that the former employee was preselected and Education voided the appointment in July 2021. Further, the SPB reviewed the documentation that Education provided regarding appointments using the waiver process and has closed the investigation. Specifically, the SPB reviewed all of Education's appointments from 2015 through 2018 where Education made exemptions from advertising vacant positions. The SPB found several anomalies, but could not determine that the anomalies rose to the level of bad faith by either Education or the employee. Therefore, all of these appointments will be permitted to stand and no further action is required by Education.

California State Auditor's Assessment of Status: Fully Implemented

Agency Response From July 2021

Education reported that CalHR and the SPB reviewed the responsive documents submitted regarding the unlawful appointment investigation that Education was directed to conduct. In July 2021, the SPB requested additional information and also had follow-up questions. Education stated that it is working on responding to the SPB's request.

California State Auditor's Assessment of Status: Pending

Agency Response From April 2021

Education reported it met with CalHR and the SPB in late March 2021. It stated that CalHR and SPB continue to review the documents provided by Education and will schedule another meeting with Education to discuss the outcome.

California State Auditor's Assessment of Status: Pending

Agency Response From January 2021

Education reported that it contacted CalHR regarding the recommendation and indicated that it will schedule a meeting soon.

California State Auditor's Assessment of Status: Pending

Agency Response From November 2020

Education reported that it believes this recommendation is resolved because it has not used the waiver process since 2018. It also stated that appointments cannot be voided unless the action to void such appointments is taken within one year after the appointment. In addition, Education stated that all hires made prior to 2018 using the waiver process were made in good faith, are considered lawful, and cannot be voided. However, we believe that Education should work with CalHR to ensure that Education's hires before and during the period of investigation complied with relevant statutes.

California State Auditor's Assessment of Status: Pending

All Recommendations in I2020-2