BILL NUMBER: AB 255 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
INTRODUCED BY Assembly Member Irwin
(Principal coauthor: Assembly Member Mathis)
(Coauthors: Assembly Members Brough and Brown)
FEBRUARY 9, 2015
An act to add and repeal Sections 73.5 and 73.6 to
of the Military and Veterans Code, relating to
veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 255, as amended, Irwin. Veterans: Inspector General for
Veterans Affairs.
Existing law establishes the Department of Veterans Affairs and
designates the Secretary of Veterans Affairs as the chief
administrative officer of the department. Existing law also
establishes the California Veterans Board, and requires the board to
advise the department and secretary on policies for operations of the
department. Existing law provides for veterans programs, including
the veterans farm and home purchase programs, and provides for
veterans homes.
This bill would create the office of Inspector General
Internal Audits for Veterans Affairs,
who the chief auditor of which would be subject
to the direction of the Governor, secretary
within the department. The bill would require the
inspector general chief auditor to be appointed
by the Governor, subject to Senate confirmation. The
inspector general chief auditor would be
responsible for reviewing and investigating, at the request of
the secretary or other members of senior management of the
department, the operations and financial condition of each
California veterans home, each veterans farm and home purchase
program, and all other veterans
department programs supported by the state.
and functions. Beginning January 1, 2017, and
each year after, thereafter, the bill
would require the inspector general chief
auditor to submit a summary report to the board and
the appropriate committees of the Legislature and
make any providing information about the office's
activities and recommendations he or she deems
necessary for improving the operations of the veterans programs.
that lead to departmental efficiencies and
improvements.
The bill would authorize the inspector general
chief auditor to receive communications from any
individual who believes he or she may have information that warrants
a review or investigation of a veterans program. The bill
would authorize, and in some instances require, the inspector general
to conduct a review or investigation. The bill would
also require the establishment of require the
chief auditor to establish a toll-free telephone number to
report alleged wrongdoing regarding veterans programs.
The bill would repeal the provisions described above on January 1,
2020.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 73.5 is added to the Military and Veterans
Code, to read:
73.5. (a) (1) There is hereby created the office of
Inspector General Internal Audits for Veterans
Affairs within the department.
(2) The inspector general chief auditor
shall be appointed by the Governor, subject to Senate
confirmation.
(3) (A) The
inspector general The chief auditor
shall be subject to the direction of the Governor.
secretary.
(B) The inspector general shall provide ongoing and independent
advice to the board regarding any issue that is being considered by
the board.
(b) The inspector general shall be responsible for all of the
following:
(b) The chief auditor shall conduct reviews and investigations at
the request of the secretary or other members of senior management
of the department with the intent of increasing efficiencies,
improving operations, and reducing fraud, waste, and abuse. The chief
auditor's work shall include, but not be limited to, both of the
following:
(1) Reviewing the operations and financial condition of each
California veterans home and veterans farm and home purchase
program. For the purposes of reviewing the operations of each
veterans home, the Veterans Home Allied Council and home residents
shall have unfettered access to the inspector general.
program, and other department programs and functions.
(2) Reviewing the operation and financial condition of all other
veterans programs supported by the state, including, but not limited
to, county veterans service offices and veterans memorials.
(3)
(2) Investigating any allegations of
department employee misconduct and reporting any findings of
misconduct directly to the secretary, for further action that the
secretary may deem necessary.
(c) (1) The inspector general shall conduct a review or
investigation, as specified in subdivision (b), if requested to do so
by the Governor, any member of the board, or the secretary. In
addition, the inspector general may conduct a review or
investigation, as specified in subdivision (b), as he or she deems
necessary or if requested by any Member of the Legislature or any
member of the public.
(2) Whenever the inspector general conducts a review or
investigation pursuant to a request of any Member of the Legislature,
the inspector general shall submit a report of his or her findings
to that member.
(c) To ensure the independence of the audit function, the
department and chief auditor are subject to the requirements set
forth in subdivision (a) of Section 13887 of, and Sections 13887.5
and 13888 of, the Government Code.
(d) (1) Beginning January 1,
2017, and each year after, the inspector general
thereafter, the chief auditor shall submit a summary
report to the board and the appropriate
committees of the Legislature and make any
recommendations he or she deems necessary for improving the
operations of the veterans programs. providing
information about the office's activities and identifying
recommendations that lead to departmental efficiencies and
improvements.
(2) A report submitted to the Legislature pursuant to paragraph
(1) shall comply with Section 9795 of the Government Code.
(e) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. Section 73.6 is added to the Military and Veterans Code,
to read:
73.6. (a) The inspector general chief
auditor may receive communications from any individual,
including, but not limited to, a participant in a farm and home
purchase program or a resident of a California veterans home, who
believes he or she may have information that warrants a review or
investigation of a department veterans program
that is supported by the state. The program. If
requested, the identity of the person providing the information
shall be held as confidential by the inspector general
chief auditor and may be disclosed only to the
Governor, any member of the board, any Member of the
Legislature, or the secretary, as the inspector general deems
appropriate and in the furtherance of his or her duties.
secretary or senior management of the department when necessary
to resolve the complaint.
(b) In order to properly respond to any allegation, the
inspector general To enhance accountability, the chief
auditor shall establish a toll-free public telephone number
for the purpose of identifying any alleged wrongdoing regarding
veterans the department or its
programs. This telephone number shall be posted at every California
veterans home and throughout all department and county veterans
service offices, in clear view of all veterans home residents,
employees, and the public. In addition, the telephone number shall be
issued to every participant of a home purchase program. When deemed
appropriate by the inspector general, chief
auditor, he or she shall initiate a review or investigation of
any alleged wrongdoing. However, any request to conduct an
investigation shall be in writing. The request shall be
confidential and is not subject to disclosure under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
(c) The identity of the person providing the information that
initiated the review or investigation shall not be disclosed without
that person's written permission, except in response to a court
order or to a law enforcement agency in the furtherance of its
duties.
(d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 3. The Legislature finds and declares that Section 2 of this
act, which adds Section 73.6 of the Military and Veterans Code,
imposes a limitation on the public's 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 to protect the privacy of persons who provide information
of alleged wrongdoing by or complaints against veterans programs to
the Inspector General Chief Auditor for
Veterans Affairs, the limitations on the public's right of access
imposed by Section 2 of this act are necessary.