BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 921|
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THIRD READING
Bill No: SB 921
Author: Lieu (D) and Correa (D)
Amended: 8/17/11
Vote: 27 - Urgency
SENATE VETERANS AFFAIRS COMMITTEE : 7-0, 06/14/11
AYES: Correa, Cannella, Berryhill, Negrete McLeod, Rubio,
Runner, Lieu
NO VOTE RECORDED: Calderon
SENATE JUDICIARY COMMITTEE : 4-0, 6/28/11
AYES: Evans, Blakeslee, Corbett, Leno
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
SUBJECT : Military Department: Office of the Inspector
General
SOURCE : Author
DIGEST : This bill requires the Governor to appoint an
Inspector General who will oversee, but operate
independently from, the Military Department.
ANALYSIS : Existing law provides for an inspector general
within the California Military Department, who reports to
the California Adjutant General.
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The State Military Department Inspector General inspects,
audits, investigates, trains, and performs various duties
necessary to support the mission of the Military Department
.
This bill:
1. Specifies the duties of the State Military Department
Inspector General, and requires the Inspector General to
continue to maintain a toll-free public telephone number
to receive these complaints and allegations.
2. Requires that disciplinary action be brought against a
state officer or employee who intentionally retaliates
against a person who made a complaint or allegation of
wrongdoing to the State Military Department Inspector
General , as provided, and specifies that these officers
and employees may be liable for civil damages for these
same actions.
3. Requires the Inspector General to continue to
investigate specified complaints and allegations of
misconduct upon written request of specified persons and
provides that those requests are not a public record
under the California Public Records Act.
Background
Because of the shared federal and state responsibility
regarding the California National Guard, an inspector
general for federal issues also exists.
After years of unsubstantiated allegations, a series of
credible accusations began in October of 2010 with stories
continuing to unfold to the present date.
Since at least 2005, when the California State Auditor
authored report 2005-136, questions have surrounded State
Active Duty status and its use within guard ranks.
Comments
In normal times, adding a third inspector general might be
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considered overkill. However, over the past year it has
been demonstrated that all may not be normal within the
ranks of the California National Guard.
Numerous personnel have come forward to say they fear
reprisal for speaking out and have not merely made
accusations but handed over documentary evidence to this
committee anonymously. The mere volume of paperwork to
examine means even committee staff is not yet aware of
everything in its possession.
Although ironically a State Active Duty position, a third
inspector general may be the only way to ferret out the
issues within the Guard.
Depending on whom one believes, the State Active Duty
system is at its worst a "good ol' boys system" or at best
an overly used status that is costing the taxpayers of the
state more money than is necessary.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Inspector General -----------potentially
minor--------- General
position
RM:mw 8/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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