2005 California Penal Code Sections 6125-6133 CHAPTER 8.2. OFFICE OF THE INSPECTOR GENERAL

6125.  There is hereby created the independent office of the
Inspector General which shall not be a subdivision of any other
governmental entity. The Governor shall appoint, subject to
confirmation by the Senate, the Inspector General to a six-year term.
  The Inspector General may not be removed from office during that
term, except for good cause.
6126.  (a) (1) The Inspector General shall review departmental
policy and procedures, conduct audits of investigatory practices and
other audits, and conduct investigations of the Department of
Corrections and Rehabilitation, as requested by either the Secretary
of the Department of Corrections and Rehabilitation or a Member of
the Legislature, pursuant to the approval of the Inspector General
under policies to be developed by the Inspector General. The
Inspector General may, under policies developed by the Inspector
General, initiate an investigation or an audit on his or her own
accord.
   (2) The Inspector General shall audit each warden of an
institution one year after his or her appointment, and shall audit
each correctional institution at least once every four years. These
audit reports shall be provided to the Legislature and shall be made
public. The requirements of this paragraph shall be phased in by the
Inspector General so that they are fully met by July 1, 2009.
   (b) Upon completion of an investigation or audit, the Inspector
General shall provide a response to the requester.
   (c) The Inspector General shall, during the course of an
investigatory audit, identify areas of full and partial compliance,
or noncompliance, with departmental investigatory policies and
procedures, specify deficiencies in the completion and documentation
of investigatory processes, and recommend corrective actions,
including, but not limited to, additional training with respect to
investigative policies, additional policies, or changes in policy, as
well as any other findings or recommendations that the Inspector
General deems appropriate.
   (d) The Inspector General, pursuant to Section 6126.6, shall
review the Governor's candidates for appointment to serve as warden
for the state's adult correctional institutions.
   (e) The Inspector General shall, in consultation with the
Department of Finance, develop a methodology for producing a workload
budget to be used for annually adjusting the budget of the office of
the Inspector General, beginning with the budget for the 2005-06
fiscal year.
6126.1.  (a) In consultation with the Commission on Correctional
Peace Officer Standards and Training and the Inspector General, the
Youth and Adult Correctional Agency shall establish a certification
program for investigators under the jurisdiction of the Inspector
General, the Youth and Adult Correctional Agency, the Department of
the Youth Authority, the Department of Corrections, the Board of
Corrections, the Youthful Offender Parole Board, and the Board of
Prison Terms.  The investigators' training course shall be consistent
with the standard courses utilized by other major investigative
offices, such as county sheriff and city police departments and the
California Highway Patrol.
   (b) Beginning January 1, 1999, all internal affairs investigators
conducting investigations for the office of the Inspector General,
the Youth and Adult Correctional Agency, the Department of the Youth
Authority, the Department of Corrections, the Board of Corrections,
the Youthful Offender Parole Board, and the Board of Prison Terms
shall complete the investigation training and be certified within six
months of employment.
   (c) Beginning January 1, 1999, all internal affairs investigators
shall successfully pass a psychological screening exam before
becoming employed with the office of the Inspector General, the Youth
and Adult Correctional Agency, the Department of the Youth
Authority, the Department of Corrections, the Board of Corrections,
the Youthful Offender Parole Board, or the Board of Prison Terms.
6126.2.  The Inspector General, the Youth and Adult Correctional
Agency, the Department of the Youth Authority, the Department of
Corrections, the Board of Corrections, the Youthful Offender Parole
Board, and the Board of Prison Terms shall not hire as an internal
affairs investigator any person known to be directly or indirectly
involved in an open internal affairs investigation being conducted by
any federal, state, or local law enforcement agency or the Inspector
General.
6126.3.  (a) The Inspector General shall not destroy any papers or
memoranda used to support a completed audit within three years after
a report is released.
   (b) Except as provided in subdivision (c), all books, papers,
records, and correspondence of the office pertaining to its work are
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code and shall be filed at
any of the regularly maintained offices of the Inspector General.
   (c) The following books, papers, records, and correspondence of
the office of the Inspector General pertaining to its work are not
public records subject to Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, nor shall they be
subject to discovery pursuant to any provision of Title 3 (commencing
with Section 1985) of Part 4 of the Code of Civil Procedure in any
manner:
   (1) All reports, papers, correspondence, memoranda, electronic
communications, or other documents that are otherwise exempt from
disclosure pursuant to the provisions of subdivision (d) of Section
6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision
(a) or (b) of Section 6131, or all other applicable laws regarding
confidentiality, including, but not limited to, the California Public
Records Act, the Public Safety Officers' Procedural Bill of Rights,
the Information Practices Act of 1977, the Confidentiality of Medical
Information Act of 1977, and the provisions of Section 832.7,
relating to the disposition notification for complaints against peace
officers.
   (2) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to any audit or
investigation that has not been completed.
   (3) Any papers, correspondence, memoranda, electronic
communications, or other documents pertaining to internal discussions
between the Inspector General and his or her staff, or between staff
members of the Inspector General, or any personal notes of the
Inspector General or his or her staff.
   (4) All identifying information, and any personal papers or
correspondence from any person requesting assistance from the
Inspector General, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
6126.4.  It is a misdemeanor for the Inspector General or any
employee or former employee of the Inspector General to divulge or
make known in any manner not expressly permitted by law to any person
not employed by the Inspector General any particulars of any record,
document, or information the disclosure of which is restricted by
law from release to the public.  This prohibition is also applicable
to any person or business entity that is contracting with or has
contracted with the Inspector General and to the employees and former
employees of that person or business entity or the employees of any
state agency or public entity that has assisted the Inspector General
in the course of any audit or investigation or that has been
furnished a draft copy of any report for comment or review.
6126.5.  (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce, any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property,
of any entity defined in Section 6126 for any audit or investigation.
  Any officer or employee of any agency or entity having these
records or property in his or her possession or under his or her
control shall permit access to, and examination and reproduction
thereof consistent with the provisions of this section, upon the
request of the Inspector General or his or her authorized
representative.
   (b) For the purpose of conducting any audit or investigation, the
Inspector General or his or her authorized representative shall have
access to the records and property of any public or private entity or
person subject to review or regulation by the public agency or
public entity being audited or investigated to the same extent that
employees or officers of that agency or public entity have access.
No provision of law or any memorandum of understanding or any other
agreement entered into between the employing entity and the employee
or the employee's representative providing for the confidentiality or
privilege of any records or property shall prevent disclosure
pursuant to subdivision (a).
   (c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
   (d) The Inspector General may require any employee of those
entities specified in Section 6126 to be interviewed on a
confidential basis.  Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee.  The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice.  It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
  If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, and 3309 of the Government Code as if the
Inspector General were the employer, except that the Inspector
General shall not be subject to the provisions of any memorandum of
understanding or other agreement entered into between the employing
entity and the employee or the employee's representative that is in
conflict with, or adds to the requirements of, Sections 3303, 3307,
3307.5, 3308, and 3309 of the Government Code.
6126.6.  (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, the Governor shall first submit to the
Inspector General the names of candidates for the position of warden
for review of their qualifications.
   (b) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
   Within 90 days of submission by the Governor of those names, the
Inspector General shall advise in confidence to the Governor his or
her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
   (c) In reviewing the qualifications of a candidate for the
position of warden, the Inspector General shall consider, among other
appropriate factors, his or her experience in effectively managing
correctional facilities and inmate populations; ability to deal
effectively with employees, detained persons and other interested
persons in addressing management, confinement, and safety issues in
an effective, fair, and professional manner; and knowledge of
correctional best practices.
   (d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden. Those rules and procedures shall
establish appropriate, confidential methods for disclosing to the
candidate the subject matter of substantial and credible adverse
allegations received regarding the candidate's reputation and
integrity which, unless rebutted, would be determinative of the
candidate's unsuitability for appointment. No rule or procedure shall
be adopted that permits the disclosure to the candidate of
information from which the candidate may infer the source, and no
information shall either be disclosed to the candidate nor be
obtainable by any process which would jeopardize the confidentiality
of communications from persons whose opinion has been sought on the
candidate's qualifications.
   (e) All communications, written, verbal or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
   (f) When the Governor has appointed a person to the position of
warden who has been found not qualified by the Inspector General, the
Inspector General shall make public that finding, after due notice
to the appointee of his or her intention to do so. That notice and
disclosure shall not constitute a waiver of privilege or breach of
confidentiality with respect to communications of or to the Inspector
General concerning the qualifications of the appointee.
   (g) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
   (h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
   (i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
   (j) No candidate for the position of warden may be appointed until
the Inspector General has advised the Governor pursuant to this
section, or until 90 days have elapsed after submission of the
candidate's name to the Inspector General, whichever occurs earlier.
The requirement of this subdivision shall not apply to any vacancy in
the position of warden occurring within the 90 days preceding the
expiration of the Governor's term of office, provided, however, that
with respect to those vacancies, the Governor shall be required to
submit any candidate's name to the Inspector General in order to
provide him or her an opportunity, if time permits, to review and
make a report.
   (k) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to the
position of warden, nor shall anything in this section be construed
as adding any additional qualifications for the position of warden.
   (l) Wardens who have been appointed but not yet confirmed as of
July 1, 2005, need not be reappointed to the position after that
date, but are subject to the review process provided in this section.
6127.1.  The Inspector General shall be deemed to be a department
head for the purpose of Section 11189 of the Government Code in
connection with any investigation or audit conducted pursuant to this
chapter.  The Inspector General shall have authority to hire or
retain counsel to provide confidential advice during audits and
investigations.  If the Attorney General has a conflict of interest
in representing the Inspector General in any litigation, the
Inspector General shall have authority to hire or retain counsel to
represent the Inspector General.
6127.3.  (a) In connection with an audit or investigation pursuant
to this chapter, the Inspector General, or his or her designee, may
do any of the following:
   (1) Administer oaths.
   (2) Certify to all official acts.
   (3) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, or documents in any medium, or
for the making of oral or written sworn statements, in any
investigative interview conducted as part of an audit or
investigation.
   (b) Any subpoena issued under this chapter extends as process to
all parts of the state and may be served by any person authorized to
serve process of courts of record or by any person designated for
that purpose by the Inspector General, or his or her designee.  The
person serving this process may receive compensation as is allowed by
the Inspector General, or his or her designee, not to exceed the
fees prescribed by law for similar service.
6127.4.  (a) The superior court in the county in which any
investigative interview is held under the direction of the Inspector
General or his or her designee has jurisdiction to compel the
attendance of witnesses, the making of oral or written sworn
statements, and the production of papers, books, accounts, and
documents, as required by any subpoena issued by the Inspector
General or his or her designee.
   (b) If any witness refuses to attend or testify or produce any
papers required by the subpoena, the Inspector General or his or her
designee may petition the superior court in the county in which the
hearing is pending for an order compelling the person to attend and
answer questions under penalty of perjury or produce the papers
required by the subpoena before the person named in the subpoena.
The petition shall set forth all of the following:
   (1) That due notice of the time and place of attendance of the
person or the production of the papers has been given.
   (2) That the person has been subpoenaed in the manner prescribed
in this chapter.
   (3) That the person has failed and refused to attend or produce
the papers required by subpoena before the Inspector General or his
or her designee as named in the subpoena, or has refused to answer
questions propounded to him or her in the course of the investigative
interview under penalty of perjury.
   (c) Upon the filing of the petition, the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, answered questions under penalty of perjury, or produced
the papers as required.  A copy of the order shall be served upon him
or her.  If it appears to the court that the subpoena was regularly
issued by the Inspector General or his or her designee, the court
shall enter an order that the person appear before the person named
in the subpoena at the time and place fixed in the order and answer
questions under penalty of perjury or produce the required papers.
Upon failure to obey the order, the person shall be dealt with as for
contempt of court.
6128.  (a) The office of the Inspector General may receive
communications from any individual, including those employed by any
department, board, or authority who believes he or she may have
information that may describe an improper governmental activity, as
that term is defined in subdivision (b) of Section 8547.2 of the
Government Code.  It is not the purpose of these communications to
redress any single disciplinary action or grievance that may
routinely occur.
   (b) In order to properly respond to any allegation of improper
governmental activity, the Inspector General shall establish a
toll-free public telephone number for the purpose of identifying any
alleged wrongdoing by an employee of the Department of Corrections,
the Department of the Youth Authority, the Board of Prison Terms, the
Board of Corrections, the Narcotic Addict Evaluation Authority, the
Prison Industry Authority, or the Youth and Adult Correctional
Agency.  This telephone number shall be posted by the above-named
departments, and their respective subdivisions, in clear view of all
employees and the public.  When appropriate, the Inspector General
shall initiate an investigation or audit of any alleged improper
governmental activity.  However, any request to conduct an
investigation shall be in writing.
   (c) All identifying information, and any personal papers or
correspondence from any person who initiated the investigation shall
not be disclosed, except in those cases where the Inspector General
determines that disclosure of the information is necessary in the
interests of justice.
6129.  (a) (1) For purposes of this section, "employee" means any
person employed by the Youth and Adult Correctional Agency, the
Department of Corrections, the Department of the Youth Authority, the
Board of Corrections, the Board of Prison Terms, the Youth Authority
Board or the Inspector General.
   (2) For purposes of this section, "retaliation" means
intentionally engaging in acts of reprisal, retaliation, threats,
coercion, or similar acts against another employee who has done
either of the following:
   (A) Has disclosed or is disclosing to any employee at a
supervisory or managerial level, what the employee, in good faith,
believes to be improper governmental activities.
   (B) Has cooperated or is cooperating with any investigation of
improper governmental activities.
   (C) Has refused to obey an illegal order or directive.
   (b) (1) Upon receiving a complaint of retaliation from an employee
against a member of management, the Inspector General shall commence
an inquiry into the complaint and conduct a formal investigation
where a legally cognizable cause of action is presented.  All
investigations conducted pursuant to this section shall be performed
in accordance with Sections 6126.5 and 6127.3.  The Inspector General
may refer all other matters for investigation by the appropriate
employing entity, subject to investigative oversight by the Inspector
General.  In a case in which the employing entity declines to
investigate the complaint, it shall, within 30 days of receipt of the
referral by the Inspector General, notify the Inspector General of
its decision.  The Inspector General shall thereafter, conduct his or
her own inquiry into the complaint.  If, after reviewing the
complaint, the Inspector General determines that a legally cognizable
cause of action has not been presented by the complaint, the
Inspector General shall thereafter notify the complaining employee
and the State Personnel Board that a formal investigation is not
warranted.
   (2) When investigating a complaint, in determining whether
retaliation has occurred, the Inspector General or the employing
entity shall consider, among other things, whether any of the
following either actually occurred or were threatened:
   (A) Unwarranted or unjustified staff changes.
   (B) Unwarranted or unjustified letters of reprimand or other
disciplinary actions, or unsatisfactory evaluations.
   (C) Unwarranted or unjustified formal or informal investigations.
   (D) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are unprofessional, or foster a hostile work
environment.
   (E) Engaging in acts, or encouraging or permitting other employees
to engage in acts, that are contrary to the rules, regulations, or
policies of the workplace.
   (3) In a case in which the complaining employee has also filed a
retaliation complaint with the State Personnel Board pursuant to
Sections 8547.8 and 19683 of the Government Code, the State Personnel
Board shall have the discretion to toll any investigation, hearing,
or other proceeding that would otherwise be conducted by the State
Personnel Board in response to that complaint, pending either the
completion of the Inspector General's or the employing entity's
investigation, or until the complaint is rejected or otherwise
dismissed by the Inspector General or the employing entity.  An
employee, however, may not be required to first file a retaliation
complaint with the Inspector General prior to filing a complaint with
the State Personnel Board.
   (A) In a case in which the complaining employee has filed a
retaliation complaint with the Inspector General but not with the
State Personnel Board, the limitation period for filing a retaliation
complaint with the State Personnel Board shall be tolled until the
time the Inspector General or the employing entity either issues its
investigative report to the State Personnel Board, or until the
complaint is rejected or otherwise dismissed by the Inspector General
or the employing entity.
   (B) In order to facilitate coordination of efforts between the
Inspector General and the State Personnel Board, the Inspector
General shall notify the State Personnel Board of the identity of any
employee who has filed a retaliation complaint with the Inspector
General, and the State Personnel Board shall notify the Inspector
General of the identity of any employee who has filed a retaliation
complaint with the State Personnel Board.
   (c) (1) In a case in which the Inspector General determines, as a
result of his or her own investigation, that an employee has been
subjected to acts of reprisal, retaliation, threats, or similar acts
in violation of this section, the Inspector General shall provide a
copy of the investigative report, together with all other underlying
investigative materials the Inspector General determines to be
relevant, to the appropriate director or chair who shall take
appropriate corrective action.  In a case in which the Inspector
General determines, based on an independent review of the
investigation conducted by the employing entity, that an employee has
been subjected to acts of reprisal, retaliation, threats, or similar
acts in violation of this section, the Inspector General shall
submit a written recommendation to the appropriate director or chair
who shall take appropriate corrective action.  If the hiring
authority initiates disciplinary action as defined in Section 19570
of the Government Code, it shall provide the subject with all
materials required by law.
   (2) The Inspector General shall publish a quarterly summary of
investigations, with personal identifying information removed,
including, but not limited to, the conduct investigated, any
recommended discipline, and any discipline actually imposed.
   (3) Any employee at any rank and file, supervisory, or managerial
level, who intentionally engages in acts of reprisal, retaliation,
threats, coercion, or similar acts against another employee, pursuant
to paragraph (2) of subdivision (a), shall be disciplined by the
employing entity by adverse action as provided in Section 19572 of
the Government Code.  The disciplinary action shall require, at a
minimum, a suspension for not less than 30 days without pay, except
in a case in which the employing entity determines that a lesser
penalty is warranted.  In that case, the employing entity shall,
within 30 days of receipt of the investigative report, provide
written justification for that decision to the Inspector General.
The employing entity shall also, within 30 days of receipt of the
written report, notify the Inspector General in writing as to what
steps, if any, it has taken to remedy the retaliatory conduct found
to have been committed by any of its employees.
   (d) (1) In an instance in which the appropriate director or chair
declines to take adverse action against any employee found by the
Inspector General to have engaged in acts of reprisal, retaliation,
threats, or similar acts in violation of this section, the director
or chair shall notify the Inspector General of that fact in writing
within 30 days of receipt of the investigative report from the
Inspector General, and shall notify the Inspector General of the
specific reasons why the director or chair declined to invoke adverse
action proceedings against the employee.
   (2) The Inspector General shall, thereafter, with the written
consent of the complaining employee, forward an unredacted copy of
the investigative report, together with all other underlying
investigative materials the Inspector General deems to be relevant,
to the State Personnel Board so that the complaining employee can
request leave to file charges against the employee found to have
engaged in acts of reprisal, retaliation, threats, or similar acts,
in accordance with the provisions of Section 19583.5 of the
Government Code.  If the State Personnel Board accepts the complaint,
the board shall provide the charged and complaining parties with a
copy of all relevant materials.
   (3) In addition to all other penalties provided by law, including
Section 8547.8 of the Government Code or any other penalties that the
sanctioning authority may determine to be appropriate, any state
employee at any rank and file, supervisory, or managerial level found
by the State Personnel Board to have intentionally engaged in acts
of reprisal, retaliation, threats, or coercion shall be suspended for
not less than 30 days without pay, and shall be liable in an action
for damages brought against him or her by the injured party.  If the
State Personnel Board determines that a lesser period of suspension
is warranted, the reasons for that determination must be justified in
writing in the decision.
   (e) Nothing in this section shall prohibit the employing entity
from exercising its authority to terminate, suspend, or discipline an
employee who engages in conduct prohibited by this section.
6131.  (a) Upon the completion of any audit conducted by the
Inspector General, he or she shall prepare a written report, which
shall be disclosed, along with all underlying materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Youth and Adult Correctional Agency, the appropriate director, chair,
or law enforcement agency, and the Legislature.  Copies of all those
written reports shall be posted on the Inspector General's Web site
within 10 days of being disclosed to the above-listed entities or
persons.
   (b) Upon the completion of any investigation conducted by the
Inspector General, he or she shall prepare a complete written report,
which shall be held as confidential and disclosed in confidence,
along with all underlying investigative materials the Inspector
General deems appropriate, to the Governor, the Secretary of the
Youth and Adult Correctional Agency, and the appropriate director,
chair, or law enforcement agency.
   (c) Upon the completion of any investigation conducted by the
Inspector General, he or she shall also prepare and issue on a
quarterly basis, a public investigative report that includes all
investigations completed in the previous quarter.  The public
investigative report shall differ from the complete investigative
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the investigation, or where disclosure
of the information is otherwise prohibited by law, and to decline to
produce any of the underlying investigative materials.   In a case
where allegations were deemed to be unfounded, all applicable
identifying information shall be redacted.  The public investigative
report shall be made available to the public upon request and on a
quarterly basis as follows:
   (1) In those cases where an investigation is referred only for
disciplinary action before the State Personnel Board or for other
administrative proceedings, the employing entity shall, within 10
days of receipt of the State Personnel Board's order rendered in
other administrative proceedings, provide the Inspector General with
a copy of the order.  The Inspector General shall attach the order to
the public investigative report on its Web site and provide copies
of the report and order to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
investigation.
   (2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee.  The Inspector General shall include the
settlement information in the public investigative report on its Web
site and provide copies of the report to the Legislature, as well as
to any complaining employee and any employee who was the subject of
the investigation.
   (3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision.  The Inspector General shall
include the decision and rationale in the public investigative report
on its Web site and provide copies of the report to the Legislature,
as well as to any complaining employee and any employee who was the
subject of the investigation.
   (4) In those cases where an investigation has been referred for
possible criminal prosecution, and the applicable local law
enforcement agency or the Attorney General has decided to commence
criminal proceedings against an employee, the report shall be made
public at a time deemed appropriate by the Inspector General after
consultation with the local law enforcement agency or the Attorney
General, but in all cases no later than when discovery has been
provided to the defendant in the criminal proceedings.  The Inspector
General shall thereafter post the public investigative report on its
Web site and provide copies of the report to the Legislature, as
well as to any complaining employee and any employee who was the
subject of the investigation.
   (5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact.  The Inspector General shall include the
decision in the public investigative report on its Web site and
provide copies of the report to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
investigation.
   (6) In those cases where an investigation has been referred for
neither disciplinary action or other administrative proceedings, nor
for criminal prosecution, the Inspector General shall include the
decision not to refer the matter in the public investigative report
on its Web site and provide copies of the report to the Legislature,
as well as to any complaining employee and any employee who was the
subject of the investigation.
6132.  (a) The Inspector General shall report annually to the
Governor and the Legislature a summary of his or her investigations
and audits.  The summary shall be posted on the Inspector General's
Web site and otherwise made available to the public upon its release
to the Governor and the Legislature.  The summary shall include, but
not be limited to, significant problems discovered by the Inspector
General, and whether recommendations the Inspector General has made
through audits and investigations have been implemented by the
subject agency, department, or board.
   (b) The Inspector General shall issue regular, and in no case less
than twice per year, reports to the Governor and the Legislature
summarizing its findings concerning its oversight of Youth and Adult
Correctional Agency disciplinary cases and shall thereafter post the
reports summarizing disciplinary cases on its Web site.
6133.  (a) There is created within the office of the Inspector
General a Bureau of Independent Review (BIR), which shall be subject
to the direction of the Inspector General.
   (b) The BIR shall be responsible for contemporaneous public
oversight of the Youth and Adult Correctional Agency investigations
conducted by the Department of Corrections' Office of Investigative
Services and by Internal Affairs for the Department of the Youth
Authority.  The BIR shall also be responsible for advising the public
regarding the adequacy of each investigation, and whether discipline
of the subject of the investigation is warranted.  The BIR shall
have discretion to provide public oversight of other Youth and Adult
Correctional Agency personnel investigations as needed.
   (c) (1) The BIR shall issue regular reports, no less than
annually, to the Governor and the Legislature summarizing its
recommendations concerning its oversight of Youth and Adult
Correctional Agency allegations of internal misconduct and use of
force.  The BIR shall also issue regular reports, no less than
semiannually, summarizing its oversight of Office of Investigative
Services and Internal Affairs investigations pursuant to subdivision
(b).  The reports shall include, but not be limited to, the
following:
   (A) Data on the number, type, and disposition of complaints made
against correctional officers and staff.
   (B) A synopsis of each matter reviewed by the BIR.
   (C) An assessment of the quality of the investigation, the
appropriateness of any disciplinary charges, the BIR's
recommendations regarding the disposition in the case and when
founded, the level of discipline afforded, and the degree to which
the agency's authorities agreed with the BIR recommendations
regarding disposition and level of discipline.
   (D) The report of any settlement and whether the BIR concurred
with the settlement.
   (E) The extent to which any discipline was modified after
imposition.
   (2) The reports shall be in a form which does not identify the
agency employees involved in the alleged misconduct.
   (3) The reports shall be posted on the Inspector General's Web
site and otherwise made available to the public upon their release to
the Governor and the Legislature.