| Old | New | Differences | |
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| 1 | - | Amended IN Senate | |
| 1 | + | Amended IN Senate March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1260Introduced by Senator NielloFebruary 15, 2024An act to add Section 7507.6 to the Government Code, relating to public employees retirement administration. An act to add Section 2704.79 to the Streets and Highways Code, relating to high-speed rail.LEGISLATIVE COUNSEL'S DIGESTSB 1260, as amended, Niello. Public Employees Retirement System: Office of Inspector General. High-speed rail: third-party analysis.The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law requires the authority, no later than 90 days before the submittal to the Legislature and the Governor of the initial request for appropriation of proceeds of specified bonds authorized for any eligible capital costs on each corridor, or usable segment of a corridor, to approve and submit to the Director of Finance, a specified independent peer review group, and the transportation policy committees and fiscal committees of the Legislature, a detailed funding plan for that corridor or a usable segment of that corridor, as provided. This bill would require the High-Speed Rail Authority, or its successor, to approve and submit an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system to the Director of Finance, the independent peer review group, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature. The bill would require the third-party analysis to include a determination of the economic and financial justification for the high-speed train system.Existing law creates the Public Employees Retirement System, which is administered by the Board of Administration of the Public Employees Retirement System. Existing law creates the Department of Human Resources and prescribes its duties, which include administering and enforcing the laws pertaining to personnel. Existing law creates the State Personnel Board and requires it to prescribe rules consistent with a merit-based civil service system, including those relating to disciplinary actions, consistent with the boards authority under the California Constitution. Existing law creates the Office of the Inspector General, which provides oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation.This bill would create the Office of the Inspector General for the Public Employees Retirement System (Inspector General), which would not be a subdivision of another governmental entity. The bill would require the Governor to appoint the Inspector General, subject to Senate confirmation, to a six-year term and would prohibit removal except for good cause. The bill would prescribe certain powers of the Inspector General, who would be a department head, and would collocate Inspector General staff within the offices of the Public Employees Retirement System (CalPERS), as specified. The books, writings, and records of the Inspector General would be public records, except as specified.The bill would require the Inspector General to be responsible for the oversight of internal investigations and the disciplinary process of CalPERS under policies to be developed by the Inspector General, as well as advising the public, as specified. The bill would require the Inspector General to establish a method and process for receiving communications regarding potential improper governmental activities, as defined, at CalPERS or by a CalPERS employee. The bill would authorize the Inspector General to conduct background and qualification reviews of executive-level positions within CalPERS. The bill would require, if requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, the Inspector General to initiate an audit or review of policies, practices, and procedures of CalPERS, and would authorize the Inspector General on its own accord to initiate an audit or review. The bill would require the Inspector General during the course of an audit or review, to identify areas of full and partial compliance, or noncompliance, with CalPERS policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions. The bill would require the Inspector General to make available certain reports, including to the Governor and the Legislature, and the public, and would require certain of those reports to be published on a website to be maintained by the office.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2704.79 is added to the Streets and Highways Code, immediately following Section 2704.78, to read:2704.79. Notwithstanding any other law, the High-Speed Rail Authority created pursuant to Section 185020 of the Public Utilities Code, or its successor, shall have approved and submitted to the Director of Finance, the independent peer review group established pursuant to Section 185035 of the Public Utilities Code, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature, an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system. The analysis shall include a determination of the economic and financial justification for the high-speed train system.SECTION 1.Section 7507.6 is added to the Government Code, to read:7507.6.(a)For purposes of this section: (1)Inspector General means the Office of the Inspector General for the Public Employees Retirement System, created by this section. (2)CalPERS means the Public Employees Retirement System described in Section 20002.(b)(1)There is hereby created the independent Office of the Inspector General for the Public Employees Retirement System 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 shall not be removed from office during that term, except for good cause. (2)The Inspector General shall be deemed to be a department head for the purpose of Section 11189. The Inspector General shall have authority to hire or retain counsel to provide confidential advice. 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. To facilitate oversight of the CalPERS internal investigations, the Inspector General shall have staff physically collocated within the CalPERS offices in close proximity with the entity that most often conducts internal investigations for CalPERS within a reasonable timeframe and without any undue delays. The Inspector General shall maintain a public internet website for purposes of publishing the public reports created pursuant to this section.(c)(1)The Inspector General may receive communications from any individual, including those employed by any department, board, or authority who believes they may have information that may describe an improper governmental activity, as that term is defined in subdivision (c) of Section 8547.2, at CalPERS or by an employee of CalPERS. It is not the purpose of these communications to redress any single disciplinary action or grievance that may routinely occur.(2)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 CalPERS. This telephone number shall be posted by CalPERS in clear view of all employees and the public.(3)All identifying information and any personal papers or correspondence from any person who initiated the review 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.(d)The Inspector General may conduct background and qualification reviews of executive-level positions within CalPERS.(e)(1)The Inspector General shall be responsible for the oversight of internal investigations and the disciplinary process of CalPERS under policies to be developed by the Inspector General.(2)The Inspector General shall be responsible for advising the public regarding the adequacy of an investigation and whether discipline of the subject of the investigation is warranted. The Office of the Inspector General shall have discretion to provide public oversight of CalPERS personnel investigations as needed.(f)(1)When requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, the Inspector General shall initiate an audit or review of policies, practices, and procedures of CalPERS. The Inspector General may, under policies developed by the Inspector General, initiate an audit or review on the Inspector Generals own accord. Following a completed audit or review, the Inspector General may perform a followup audit or review to determine what measures the department implemented to address the Inspector Generals findings and to assess the effectiveness of those measures.(2)The Inspector General shall, during the course of an audit or review, identify areas of full and partial compliance, or noncompliance, with CalPERS policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, as well as any other findings or recommendations that the Inspector General deems appropriate.(3)Upon completion of an audit or review pursuant to subdivision (b), the Inspector General shall prepare a complete written report, which may be held as confidential and disclosed in confidence, along with all underlying materials the Inspector General deems appropriate, to CalPERS and to the requesting entity described in paragraph (1), where applicable. The Inspector General shall also prepare a public report to be published on its website.(4)The Inspector General shall be responsible for advising the public regarding the adequacy of an investigation and whether discipline of the subject of the investigation is warranted. The Inspector General shall have discretion to provide public oversight of CalPERS personnel investigations as needed.(g)Except as provided, all books, papers, records, and correspondence of the office pertaining to its work are public records subject to Chapter Division 10 (commencing with Section 7920.000) and shall be filed at the regularly maintained offices of the Inspector General. The Inspector General shall not destroy any papers or memoranda used to support a completed review within three years after a report is released.(h)(1)The Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of CalPERS allegations of internal misconduct. The Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of CalPERS investigations. The reports shall include, but not be limited to, all of the following:(A)Data on the number, type, and disposition of complaints made against staff.(B)A synopsis of each matter reviewed by the Inspector General.(C)An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Inspector Generals recommendations regarding the disposition in the case and when founded, the level of discipline afforded, and the degree to which CalPERSs agreed with the Inspector Generals recommendations regarding disposition and level of discipline.(D)The report of any settlement and whether the Inspector General concurred with the settlement.(E)The extent to which any discipline was modified after imposition.(2)The reports required by this subdivision shall be in a form that does not identify the agency employees involved in the alleged misconduct.(3)The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature.(i)All reports provided to the Legislature pursuant to this section shall be submitted in compliance with Section 9795. SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 7507.6 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order for the Inspector General to perform oversight and investigations regarding improper governmental activities, while also protecting the identity and confidentiality of a public employee from retaliation, it is necessary to preserve the confidentiality of this information. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1260Introduced by Senator NielloFebruary 15, 2024An act to add Section 7507.6 to the Government Code, relating to public employees retirement administration. An act to add Section 2704.79 to the Streets and Highways Code, relating to high-speed rail.LEGISLATIVE COUNSEL'S DIGESTSB 1260, as amended, Niello. Public Employees Retirement System: Office of Inspector General. High-speed rail: third-party analysis.The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law requires the authority, no later than 90 days before the submittal to the Legislature and the Governor of the initial request for appropriation of proceeds of specified bonds authorized for any eligible capital costs on each corridor, or usable segment of a corridor, to approve and submit to the Director of Finance, a specified independent peer review group, and the transportation policy committees and fiscal committees of the Legislature, a detailed funding plan for that corridor or a usable segment of that corridor, as provided. This bill would require the High-Speed Rail Authority, or its successor, to approve and submit an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system to the Director of Finance, the independent peer review group, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature. The bill would require the third-party analysis to include a determination of the economic and financial justification for the high-speed train system.Existing law creates the Public Employees Retirement System, which is administered by the Board of Administration of the Public Employees Retirement System. Existing law creates the Department of Human Resources and prescribes its duties, which include administering and enforcing the laws pertaining to personnel. Existing law creates the State Personnel Board and requires it to prescribe rules consistent with a merit-based civil service system, including those relating to disciplinary actions, consistent with the boards authority under the California Constitution. Existing law creates the Office of the Inspector General, which provides oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation.This bill would create the Office of the Inspector General for the Public Employees Retirement System (Inspector General), which would not be a subdivision of another governmental entity. The bill would require the Governor to appoint the Inspector General, subject to Senate confirmation, to a six-year term and would prohibit removal except for good cause. The bill would prescribe certain powers of the Inspector General, who would be a department head, and would collocate Inspector General staff within the offices of the Public Employees Retirement System (CalPERS), as specified. The books, writings, and records of the Inspector General would be public records, except as specified.The bill would require the Inspector General to be responsible for the oversight of internal investigations and the disciplinary process of CalPERS under policies to be developed by the Inspector General, as well as advising the public, as specified. The bill would require the Inspector General to establish a method and process for receiving communications regarding potential improper governmental activities, as defined, at CalPERS or by a CalPERS employee. The bill would authorize the Inspector General to conduct background and qualification reviews of executive-level positions within CalPERS. The bill would require, if requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, the Inspector General to initiate an audit or review of policies, practices, and procedures of CalPERS, and would authorize the Inspector General on its own accord to initiate an audit or review. The bill would require the Inspector General during the course of an audit or review, to identify areas of full and partial compliance, or noncompliance, with CalPERS policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions. The bill would require the Inspector General to make available certain reports, including to the Governor and the Legislature, and the public, and would require certain of those reports to be published on a website to be maintained by the office.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 19, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 10, 2024 | |
| 8 | 7 | Amended IN Senate March 19, 2024 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1260 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator NielloFebruary 15, 2024 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Niello | |
| 19 | 18 | February 15, 2024 | |
| 20 | 19 | ||
| 21 | - | An act to add Section 2704.79 to the Streets and Highways Code, | |
| 20 | + | An act to add Section 7507.6 to the Government Code, relating to public employees retirement administration. An act to add Section 2704.79 to the Streets and Highways Code, relating to high-speed rail. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 1260, as amended, Niello. High-speed rail: third-party analysis. | |
| 26 | + | SB 1260, as amended, Niello. Public Employees Retirement System: Office of Inspector General. High-speed rail: third-party analysis. | |
| 28 | 27 | ||
| 29 | - | The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law requires the authority, no later than 90 days before the submittal to the Legislature and the Governor of the initial request for appropriation of proceeds of specified bonds authorized for any eligible capital costs on each corridor, or usable segment of a corridor, to approve and submit to the Director of Finance, a specified independent peer review group, and the transportation policy committees and fiscal committees of the Legislature, a detailed funding plan for that corridor or a usable segment of that corridor, as provided. | |
| 28 | + | The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law requires the authority, no later than 90 days before the submittal to the Legislature and the Governor of the initial request for appropriation of proceeds of specified bonds authorized for any eligible capital costs on each corridor, or usable segment of a corridor, to approve and submit to the Director of Finance, a specified independent peer review group, and the transportation policy committees and fiscal committees of the Legislature, a detailed funding plan for that corridor or a usable segment of that corridor, as provided. This bill would require the High-Speed Rail Authority, or its successor, to approve and submit an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system to the Director of Finance, the independent peer review group, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature. The bill would require the third-party analysis to include a determination of the economic and financial justification for the high-speed train system.Existing law creates the Public Employees Retirement System, which is administered by the Board of Administration of the Public Employees Retirement System. Existing law creates the Department of Human Resources and prescribes its duties, which include administering and enforcing the laws pertaining to personnel. Existing law creates the State Personnel Board and requires it to prescribe rules consistent with a merit-based civil service system, including those relating to disciplinary actions, consistent with the boards authority under the California Constitution. Existing law creates the Office of the Inspector General, which provides oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation.This bill would create the Office of the Inspector General for the Public Employees Retirement System (Inspector General), which would not be a subdivision of another governmental entity. The bill would require the Governor to appoint the Inspector General, subject to Senate confirmation, to a six-year term and would prohibit removal except for good cause. The bill would prescribe certain powers of the Inspector General, who would be a department head, and would collocate Inspector General staff within the offices of the Public Employees Retirement System (CalPERS), as specified. The books, writings, and records of the Inspector General would be public records, except as specified.The bill would require the Inspector General to be responsible for the oversight of internal investigations and the disciplinary process of CalPERS under policies to be developed by the Inspector General, as well as advising the public, as specified. The bill would require the Inspector General to establish a method and process for receiving communications regarding potential improper governmental activities, as defined, at CalPERS or by a CalPERS employee. The bill would authorize the Inspector General to conduct background and qualification reviews of executive-level positions within CalPERS. The bill would require, if requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, the Inspector General to initiate an audit or review of policies, practices, and procedures of CalPERS, and would authorize the Inspector General on its own accord to initiate an audit or review. The bill would require the Inspector General during the course of an audit or review, to identify areas of full and partial compliance, or noncompliance, with CalPERS policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions. The bill would require the Inspector General to make available certain reports, including to the Governor and the Legislature, and the public, and would require certain of those reports to be published on a website to be maintained by the office.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect. | |
| 30 | 29 | ||
| 31 | - | The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law requires the authority, no later than 90 days before the submittal to the Legislature and the Governor of the initial request for appropriation of proceeds of specified bonds authorized for any eligible capital costs on each corridor, or usable segment of a corridor, to approve and submit to the Director of Finance, a specified independent peer review group, and the transportation policy committees and fiscal committees of the Legislature, a detailed funding plan for that corridor or a usable segment of that corridor, as provided. | |
| 30 | + | The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law requires the authority, no later than 90 days before the submittal to the Legislature and the Governor of the initial request for appropriation of proceeds of specified bonds authorized for any eligible capital costs on each corridor, or usable segment of a corridor, to approve and submit to the Director of Finance, a specified independent peer review group, and the transportation policy committees and fiscal committees of the Legislature, a detailed funding plan for that corridor or a usable segment of that corridor, as provided. | |
| 32 | 31 | ||
| 33 | - | ||
| 32 | + | This bill would require the High-Speed Rail Authority, or its successor, to approve and submit an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system to the Director of Finance, the independent peer review group, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature. The bill would require the third-party analysis to include a determination of the economic and financial justification for the high-speed train system. | |
| 34 | 33 | ||
| 35 | - | This bill would require the High-Speed Rail Authority, or its successor, to approve and submit an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system to the Director of Finance, the independent peer review group, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature. The bill would require the third-party analysis to include a determination of the economic and financial justification for the high-speed train system. inspector general to conduct an independent review of the economic and financial justification for the high-speed rail project, including a review and assessment of a specified benefit-cost analysis submitted by the High-Speed Rail Authority to the United States Department of Transportation. The bill would also require the inspector general to conduct an independent review of the ability of the high-speed rail project to operate without subsidy before the Legislature recommits to the full Phase 1 system. The bill would require the inspector general to consult with industry experts for these reviews, as provided. | |
| 34 | + | Existing law creates the Public Employees Retirement System, which is administered by the Board of Administration of the Public Employees Retirement System. Existing law creates the Department of Human Resources and prescribes its duties, which include administering and enforcing the laws pertaining to personnel. Existing law creates the State Personnel Board and requires it to prescribe rules consistent with a merit-based civil service system, including those relating to disciplinary actions, consistent with the boards authority under the California Constitution. Existing law creates the Office of the Inspector General, which provides oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would create the Office of the Inspector General for the Public Employees Retirement System (Inspector General), which would not be a subdivision of another governmental entity. The bill would require the Governor to appoint the Inspector General, subject to Senate confirmation, to a six-year term and would prohibit removal except for good cause. The bill would prescribe certain powers of the Inspector General, who would be a department head, and would collocate Inspector General staff within the offices of the Public Employees Retirement System (CalPERS), as specified. The books, writings, and records of the Inspector General would be public records, except as specified. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 42 | + | The bill would require the Inspector General to be responsible for the oversight of internal investigations and the disciplinary process of CalPERS under policies to be developed by the Inspector General, as well as advising the public, as specified. The bill would require the Inspector General to establish a method and process for receiving communications regarding potential improper governmental activities, as defined, at CalPERS or by a CalPERS employee. The bill would authorize the Inspector General to conduct background and qualification reviews of executive-level positions within CalPERS. The bill would require, if requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, the Inspector General to initiate an audit or review of policies, practices, and procedures of CalPERS, and would authorize the Inspector General on its own accord to initiate an audit or review. The bill would require the Inspector General during the course of an audit or review, to identify areas of full and partial compliance, or noncompliance, with CalPERS policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions. The bill would require the Inspector General to make available certain reports, including to the Governor and the Legislature, and the public, and would require certain of those reports to be published on a website to be maintained by the office. | |
| 43 | + | ||
| 44 | + | ||
| 45 | + | ||
| 46 | + | Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. | |
| 47 | + | ||
| 48 | + | ||
| 49 | + | ||
| 50 | + | This bill would make legislative findings to that effect. | |
| 51 | + | ||
| 52 | + | ||
| 36 | 53 | ||
| 37 | 54 | ## Digest Key | |
| 38 | 55 | ||
| 39 | 56 | ## Bill Text | |
| 40 | 57 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 58 | + | The people of the State of California do enact as follows:SECTION 1. Section 2704.79 is added to the Streets and Highways Code, immediately following Section 2704.78, to read:2704.79. Notwithstanding any other law, the High-Speed Rail Authority created pursuant to Section 185020 of the Public Utilities Code, or its successor, shall have approved and submitted to the Director of Finance, the independent peer review group established pursuant to Section 185035 of the Public Utilities Code, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature, an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system. The analysis shall include a determination of the economic and financial justification for the high-speed train system.SECTION 1.Section 7507.6 is added to the Government Code, to read:7507.6.(a)For purposes of this section: (1)Inspector General means the Office of the Inspector General for the Public Employees Retirement System, created by this section. (2)CalPERS means the Public Employees Retirement System described in Section 20002.(b)(1)There is hereby created the independent Office of the Inspector General for the Public Employees Retirement System 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 shall not be removed from office during that term, except for good cause. (2)The Inspector General shall be deemed to be a department head for the purpose of Section 11189. The Inspector General shall have authority to hire or retain counsel to provide confidential advice. 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. To facilitate oversight of the CalPERS internal investigations, the Inspector General shall have staff physically collocated within the CalPERS offices in close proximity with the entity that most often conducts internal investigations for CalPERS within a reasonable timeframe and without any undue delays. The Inspector General shall maintain a public internet website for purposes of publishing the public reports created pursuant to this section.(c)(1)The Inspector General may receive communications from any individual, including those employed by any department, board, or authority who believes they may have information that may describe an improper governmental activity, as that term is defined in subdivision (c) of Section 8547.2, at CalPERS or by an employee of CalPERS. It is not the purpose of these communications to redress any single disciplinary action or grievance that may routinely occur.(2)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 CalPERS. This telephone number shall be posted by CalPERS in clear view of all employees and the public.(3)All identifying information and any personal papers or correspondence from any person who initiated the review 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.(d)The Inspector General may conduct background and qualification reviews of executive-level positions within CalPERS.(e)(1)The Inspector General shall be responsible for the oversight of internal investigations and the disciplinary process of CalPERS under policies to be developed by the Inspector General.(2)The Inspector General shall be responsible for advising the public regarding the adequacy of an investigation and whether discipline of the subject of the investigation is warranted. The Office of the Inspector General shall have discretion to provide public oversight of CalPERS personnel investigations as needed.(f)(1)When requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, the Inspector General shall initiate an audit or review of policies, practices, and procedures of CalPERS. The Inspector General may, under policies developed by the Inspector General, initiate an audit or review on the Inspector Generals own accord. Following a completed audit or review, the Inspector General may perform a followup audit or review to determine what measures the department implemented to address the Inspector Generals findings and to assess the effectiveness of those measures.(2)The Inspector General shall, during the course of an audit or review, identify areas of full and partial compliance, or noncompliance, with CalPERS policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, as well as any other findings or recommendations that the Inspector General deems appropriate.(3)Upon completion of an audit or review pursuant to subdivision (b), the Inspector General shall prepare a complete written report, which may be held as confidential and disclosed in confidence, along with all underlying materials the Inspector General deems appropriate, to CalPERS and to the requesting entity described in paragraph (1), where applicable. The Inspector General shall also prepare a public report to be published on its website.(4)The Inspector General shall be responsible for advising the public regarding the adequacy of an investigation and whether discipline of the subject of the investigation is warranted. The Inspector General shall have discretion to provide public oversight of CalPERS personnel investigations as needed.(g)Except as provided, all books, papers, records, and correspondence of the office pertaining to its work are public records subject to Chapter Division 10 (commencing with Section 7920.000) and shall be filed at the regularly maintained offices of the Inspector General. The Inspector General shall not destroy any papers or memoranda used to support a completed review within three years after a report is released.(h)(1)The Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of CalPERS allegations of internal misconduct. The Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of CalPERS investigations. The reports shall include, but not be limited to, all of the following:(A)Data on the number, type, and disposition of complaints made against staff.(B)A synopsis of each matter reviewed by the Inspector General.(C)An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Inspector Generals recommendations regarding the disposition in the case and when founded, the level of discipline afforded, and the degree to which CalPERSs agreed with the Inspector Generals recommendations regarding disposition and level of discipline.(D)The report of any settlement and whether the Inspector General concurred with the settlement.(E)The extent to which any discipline was modified after imposition.(2)The reports required by this subdivision shall be in a form that does not identify the agency employees involved in the alleged misconduct.(3)The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature.(i)All reports provided to the Legislature pursuant to this section shall be submitted in compliance with Section 9795. SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 7507.6 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order for the Inspector General to perform oversight and investigations regarding improper governmental activities, while also protecting the identity and confidentiality of a public employee from retaliation, it is necessary to preserve the confidentiality of this information. | |
| 42 | 59 | ||
| 43 | 60 | The people of the State of California do enact as follows: | |
| 44 | 61 | ||
| 45 | 62 | ## The people of the State of California do enact as follows: | |
| 46 | 63 | ||
| 47 | - | SECTION 1. Section | |
| 64 | + | SECTION 1. Section 2704.79 is added to the Streets and Highways Code, immediately following Section 2704.78, to read:2704.79. Notwithstanding any other law, the High-Speed Rail Authority created pursuant to Section 185020 of the Public Utilities Code, or its successor, shall have approved and submitted to the Director of Finance, the independent peer review group established pursuant to Section 185035 of the Public Utilities Code, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature, an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system. The analysis shall include a determination of the economic and financial justification for the high-speed train system. | |
| 48 | 65 | ||
| 49 | - | SECTION 1. Section | |
| 66 | + | SECTION 1. Section 2704.79 is added to the Streets and Highways Code, immediately following Section 2704.78, to read: | |
| 50 | 67 | ||
| 51 | 68 | ### SECTION 1. | |
| 52 | 69 | ||
| 53 | - | ||
| 70 | + | 2704.79. Notwithstanding any other law, the High-Speed Rail Authority created pursuant to Section 185020 of the Public Utilities Code, or its successor, shall have approved and submitted to the Director of Finance, the independent peer review group established pursuant to Section 185035 of the Public Utilities Code, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature, an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system. The analysis shall include a determination of the economic and financial justification for the high-speed train system. | |
| 54 | 71 | ||
| 55 | - | ||
| 72 | + | 2704.79. Notwithstanding any other law, the High-Speed Rail Authority created pursuant to Section 185020 of the Public Utilities Code, or its successor, shall have approved and submitted to the Director of Finance, the independent peer review group established pursuant to Section 185035 of the Public Utilities Code, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature, an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system. The analysis shall include a determination of the economic and financial justification for the high-speed train system. | |
| 56 | 73 | ||
| 57 | - | ||
| 74 | + | 2704.79. Notwithstanding any other law, the High-Speed Rail Authority created pursuant to Section 185020 of the Public Utilities Code, or its successor, shall have approved and submitted to the Director of Finance, the independent peer review group established pursuant to Section 185035 of the Public Utilities Code, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature, an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system. The analysis shall include a determination of the economic and financial justification for the high-speed train system. | |
| 58 | 75 | ||
| 59 | 76 | ||
| 60 | 77 | ||
| 61 | - | 187039. (a) The Inspector General shall conduct an independent review of the economic and financial justification for the project, including reviewing and assessing the benefit-cost analysis submitted by the High-Speed Rail Authority to the United States Department of Transportation in April 2023 to support the grant application for the Federal-State Partnership for Intercity Passenger Rail Grant (FSP) Program. | |
| 62 | - | ||
| 63 | - | (b) Before the Legislature recommits to the full Phase 1 system, as that term is described in paragraph (2) of subdivision (b) of Section 2704.04 of the Streets and Highways Code, the Inspector General shall conduct an independent review of the ability of the project to operate without subsidy, as required by the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century (Chapter 20 (commencing with Section 2704) of Division 3 of the Streets and Highways Code). | |
| 64 | - | ||
| 65 | - | (c) The Inspector General shall consult with industry experts, which may include the Institute for Transportation Studies at the University of California, for the reviews described in subdivisions (a) and (b). | |
| 78 | + | 2704.79. Notwithstanding any other law, the High-Speed Rail Authority created pursuant to Section 185020 of the Public Utilities Code, or its successor, shall have approved and submitted to the Director of Finance, the independent peer review group established pursuant to Section 185035 of the Public Utilities Code, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature, an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system. The analysis shall include a determination of the economic and financial justification for the high-speed train system. | |
| 66 | 79 | ||
| 67 | 80 | ||
| 68 | 81 | ||
| 69 | 82 | ||
| 70 | 83 | ||
| 71 | - | Notwithstanding any other law, the High-Speed Rail Authority created pursuant to Section 185020 of the Public Utilities Code, or its successor, shall have approved and submitted to the Director of Finance, the independent peer review group established pursuant to Section 185035 of the Public Utilities Code, and the policy committees with jurisdiction over transportation matters and the fiscal committees of both houses of the Legislature, an independent third-party analysis, as contracted by the California State Auditor, of the high-speed train system. The analysis shall include a determination of the economic and financial justification for the high-speed train system. | |
| 84 | + | (a)For purposes of this section: | |
| 85 | + | ||
| 86 | + | ||
| 87 | + | ||
| 88 | + | (1)Inspector General means the Office of the Inspector General for the Public Employees Retirement System, created by this section. | |
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | (2)CalPERS means the Public Employees Retirement System described in Section 20002. | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | (b)(1)There is hereby created the independent Office of the Inspector General for the Public Employees Retirement System 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 shall not be removed from office during that term, except for good cause. | |
| 97 | + | ||
| 98 | + | ||
| 99 | + | ||
| 100 | + | (2)The Inspector General shall be deemed to be a department head for the purpose of Section 11189. The Inspector General shall have authority to hire or retain counsel to provide confidential advice. 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. To facilitate oversight of the CalPERS internal investigations, the Inspector General shall have staff physically collocated within the CalPERS offices in close proximity with the entity that most often conducts internal investigations for CalPERS within a reasonable timeframe and without any undue delays. The Inspector General shall maintain a public internet website for purposes of publishing the public reports created pursuant to this section. | |
| 101 | + | ||
| 102 | + | ||
| 103 | + | ||
| 104 | + | (c)(1)The Inspector General may receive communications from any individual, including those employed by any department, board, or authority who believes they may have information that may describe an improper governmental activity, as that term is defined in subdivision (c) of Section 8547.2, at CalPERS or by an employee of CalPERS. It is not the purpose of these communications to redress any single disciplinary action or grievance that may routinely occur. | |
| 105 | + | ||
| 106 | + | ||
| 107 | + | ||
| 108 | + | (2)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 CalPERS. This telephone number shall be posted by CalPERS in clear view of all employees and the public. | |
| 109 | + | ||
| 110 | + | ||
| 111 | + | ||
| 112 | + | (3)All identifying information and any personal papers or correspondence from any person who initiated the review 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. | |
| 113 | + | ||
| 114 | + | ||
| 115 | + | ||
| 116 | + | (d)The Inspector General may conduct background and qualification reviews of executive-level positions within CalPERS. | |
| 117 | + | ||
| 118 | + | ||
| 119 | + | ||
| 120 | + | (e)(1)The Inspector General shall be responsible for the oversight of internal investigations and the disciplinary process of CalPERS under policies to be developed by the Inspector General. | |
| 121 | + | ||
| 122 | + | ||
| 123 | + | ||
| 124 | + | (2)The Inspector General shall be responsible for advising the public regarding the adequacy of an investigation and whether discipline of the subject of the investigation is warranted. The Office of the Inspector General shall have discretion to provide public oversight of CalPERS personnel investigations as needed. | |
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | (f)(1)When requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, the Inspector General shall initiate an audit or review of policies, practices, and procedures of CalPERS. The Inspector General may, under policies developed by the Inspector General, initiate an audit or review on the Inspector Generals own accord. Following a completed audit or review, the Inspector General may perform a followup audit or review to determine what measures the department implemented to address the Inspector Generals findings and to assess the effectiveness of those measures. | |
| 129 | + | ||
| 130 | + | ||
| 131 | + | ||
| 132 | + | (2)The Inspector General shall, during the course of an audit or review, identify areas of full and partial compliance, or noncompliance, with CalPERS policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, as well as any other findings or recommendations that the Inspector General deems appropriate. | |
| 133 | + | ||
| 134 | + | ||
| 135 | + | ||
| 136 | + | (3)Upon completion of an audit or review pursuant to subdivision (b), the Inspector General shall prepare a complete written report, which may be held as confidential and disclosed in confidence, along with all underlying materials the Inspector General deems appropriate, to CalPERS and to the requesting entity described in paragraph (1), where applicable. The Inspector General shall also prepare a public report to be published on its website. | |
| 137 | + | ||
| 138 | + | ||
| 139 | + | ||
| 140 | + | (4)The Inspector General shall be responsible for advising the public regarding the adequacy of an investigation and whether discipline of the subject of the investigation is warranted. The Inspector General shall have discretion to provide public oversight of CalPERS personnel investigations as needed. | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | (g)Except as provided, all books, papers, records, and correspondence of the office pertaining to its work are public records subject to Chapter Division 10 (commencing with Section 7920.000) and shall be filed at the regularly maintained offices of the Inspector General. The Inspector General shall not destroy any papers or memoranda used to support a completed review within three years after a report is released. | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | ||
| 148 | + | (h)(1)The Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of CalPERS allegations of internal misconduct. The Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of CalPERS investigations. The reports shall include, but not be limited to, all of the following: | |
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | (A)Data on the number, type, and disposition of complaints made against staff. | |
| 153 | + | ||
| 154 | + | ||
| 155 | + | ||
| 156 | + | (B)A synopsis of each matter reviewed by the Inspector General. | |
| 157 | + | ||
| 158 | + | ||
| 159 | + | ||
| 160 | + | (C)An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Inspector Generals recommendations regarding the disposition in the case and when founded, the level of discipline afforded, and the degree to which CalPERSs agreed with the Inspector Generals recommendations regarding disposition and level of discipline. | |
| 161 | + | ||
| 162 | + | ||
| 163 | + | ||
| 164 | + | (D)The report of any settlement and whether the Inspector General concurred with the settlement. | |
| 165 | + | ||
| 166 | + | ||
| 167 | + | ||
| 168 | + | (E)The extent to which any discipline was modified after imposition. | |
| 169 | + | ||
| 170 | + | ||
| 171 | + | ||
| 172 | + | (2)The reports required by this subdivision shall be in a form that does not identify the agency employees involved in the alleged misconduct. | |
| 173 | + | ||
| 174 | + | ||
| 175 | + | ||
| 176 | + | (3)The reports shall be posted on the Inspector Generals internet website and otherwise made available to the public upon their release to the Governor and the Legislature. | |
| 177 | + | ||
| 178 | + | ||
| 179 | + | ||
| 180 | + | (i)All reports provided to the Legislature pursuant to this section shall be submitted in compliance with Section 9795. | |
| 181 | + | ||
| 182 | + | ||
| 183 | + | ||
| 184 | + | ||
| 185 | + | ||
| 186 | + | The Legislature finds and declares that Section 1 of this act, which adds Section 7507.6 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: | |
| 187 | + | ||
| 188 | + | ||
| 189 | + | ||
| 190 | + | In order for the Inspector General to perform oversight and investigations regarding improper governmental activities, while also protecting the identity and confidentiality of a public employee from retaliation, it is necessary to preserve the confidentiality of this information. |