Investigations of Improper
Activities by State Employees
Delay in Reassigning an Incompetent Psychiatrist, Misuse
of State Resources, Failure to Protect the Security of
Confidential Documents, Theft of Registration Fees, and
Other Violations of State Law
January 2011 Report I2010-2

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Elaine M. Howle
State Auditor

CALIFORNIA STATE AUDITOR

Doug Cordiner
Chief Deputy

Bureau of State Audits

555 Capitol Mall, Suite 300

S a c r a m e n t o, C A 9 5 8 1 4

January 18, 2011	

916.445.0255

916.327.0019 fax

w w w. b s a . c a . g o v

Investigative Report I2010-2

The Governor of California
President pro Tempore of the Senate
Speaker of the Assembly
State Capitol
Sacramento, California 95814
Dear Governor and Legislative Leaders:
Pursuant to the California Whistleblower Protection Act, the Bureau of State Audits presents
its investigative report summarizing investigations completed between January and June 2010
concerning allegations of improper governmental activities.
This report details eight substantiated allegations involving several state departments. Through
our investigations, we found patients placed at risk and state funds wasted during the continued
employment of an incompetent psychiatrist, misuse of state resources, theft of registration fees,
and failure to protect the security of confidential documents. As an example, we found that
the Department of Corrections and Rehabilitation failed to promptly investigate allegations
of a psychiatrist’s incompetence, and in doing so, placed patients at risk and wasted nearly
$367,000 in state funds as it continued to pay the psychiatrist more than $600,000 in salary
while he was under investigation for nearly three years.
In addition, this report provides an update on previously reported investigations and describes
additional actions taken by state departments to correct the problems we previously identified.
For example, the Department of Industrial Relations filed a civil lawsuit against a former
inspector in an effort to obtain reimbursement for $70,105 in improper payments she received
and formally reprimanded the inspector’s immediate supervisor for his failure to monitor the
inspector’s time and attendance.
Respectfully submitted,

ELAINE M. HOWLE, CPA
State Auditor

California State Auditor Report I2010-2

January 2011

Contents
Summary	

1

Chapter 1	
Department of Corrections and Rehabilitation: Delay in	
Reassigning an Incompetent Psychiatrist,	
Waste of State Funds	

7

Chapter 2	
California Conservation Corps: Failure to Follow State	
Contracting Laws	

15

Chapter 3	
Department of Corrections and Rehabilitation: Misuse of	
State Resources, Failure to Appropriately Manage Employees	

19

Chapter 4	
Victim Compensation and Government Claims Board: Failure	
to Protect the Security of Confidential Documents	

23

Chapter 5	
Department of General Services: Misuse of State Resources	

29

Chapter 6	
California Department of Transportation: Failure to Adhere to Established	
Work Schedule, Failure to Monitor Employees’ Attendance	
33
Chapter 7	
Department of Motor Vehicles: Theft of Registration Fees	

37

Chapter 8	
Department of Corrections and Rehabilitation: Improper	
Overtime Reporting	

41

Chapter 9	
Update of Previously Reported Issues	
Department of Corrections and Rehabilitation	

45

Department of Parks and Recreation	

47

Department of Corrections and Rehabilitation	

47

Department of Fish and Game, 	
  Office of Spill Prevention and Response	

48

Department of Corrections and Rehabilitation	

50

California State University, Office of the Chancellor	

52   

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January 2011

Department of Justice	

53

Department of Water Resources	

54

Department of Motor Vehicles	

55

Department of Corrections and Rehabilitation	

56

Department of Industrial Relations	

56

Department of Consumer Affairs, 	
  California Architects Board	

57

Appendix	
The Investigations Program	

61

Index	

65

California State Auditor Report I2010-2

January 2011

Summary
Results in Brief

Investigative Highlights . . .

The California Whistleblower Protection Act (Whistleblower
Act) empowers the Bureau of State Audits (bureau) to investigate
and report on improper governmental activities by agencies
and employees of the State of California (State). Under the
Whistleblower Act, an improper governmental activity is any
action by a state agency or employee during the performance of
official duties that violates any state or federal law or regulation;
that is economically wasteful; or that involves gross misconduct,
incompetence, or inefficiency.

State employees and agencies engaged in
improper activities, including the following:

Between January 1, 2010, and June 30, 2010, the bureau received
2,444 allegations of improper governmental activities, which
required it to determine whether the allegations involved
improprieties by state agencies or employees. In response to the
allegations, the bureau opened 420 cases, and it reviewed or
continued to work on 327 cases it opened previously. For these
cases, the bureau completed a preliminary review process and
determined which cases lacked sufficient information for an
investigation. The bureau also referred cases to other state agencies
for action and—either independently or with assistance from other
state agencies—conducted investigations of cases.
This report details the results of eight particularly significant
investigations completed by the bureau or undertaken jointly
by the bureau and other state agencies between January 1, 2010,
and June 30, 2010. This report also outlines the actions taken by
state agencies in response to the investigations into improper
governmental activities described in this report and in prior
reports. The following paragraphs briefly summarize these
investigations and the state agencies’ actions, which individual
chapters discuss more fully. For more information about the
bureau’s investigations program, please refer to the Appendix.

»» By not conducting a timely investigation
of a psychiatrist’s competence, the
Department of Corrections and
Rehabilitation wasted at least $366,656
in state funds by continuing to pay him
more than $600,000 in salary throughout
the investigation.
»» Evading competitive bidding
requirements to make purchases costing
$64,666 from a single vendor, and failing
to obtain from the same vendor the
required price quotes for later purchases
totaling $19,812.
»» Allowing a subordinate employee to
take two-hour breaks nearly every
day for three years at an estimated cost
of $23,937.
»» Failing to take appropriate steps to
prevent an employee from improperly
removing confidential documents
from her workplace, and thus failing
to promptly process $10,567 in
compensation claims.
»» Improperly using state vehicles for
daily commutes, which cost the
State an estimated $12,379 over a
three‑year period.

Department of Corrections and Rehabilitation
The Department of Corrections and Rehabilitation (Corrections)
placed patients at risk by not relieving a psychiatrist of his duty to
treat patients until four months after it learned of allegations of his
incompetence. In addition, Corrections took 35 months to complete
its investigation. By not promptly conducting an investigation,
Corrections wasted at least $366,656 in state funds by continuing
to pay the psychiatrist more than $600,000 in salary throughout

»» Paying two employees a total of $2,080
for hours they did not work.
»» Stealing $448 in vehicle registration fees.

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California State Auditor Report I2010-2

January 2011

the investigation. This included two merit-based salary increases as
well as an additional $29,149 in accrued leave that Corrections paid
to him upon his termination.
California Conservation Corps
The California Conservation Corps evaded competitive bidding
requirements by splitting contracts to purchase uniforms costing
$64,666 from a single vendor. It also did not obtain required price
quotations for two later uniform purchases totaling $19,812 from
the same vendor.
Department of Corrections and Rehabilitation
A supervisor at Kern Valley State Prison allowed an employee to
take two-hour breaks nearly every day for more than three years.
The State paid the employee an estimated $23,937 for 1,160 hours
during which he was not performing his job duties.
Victim Compensation and Government Claims Board
An employee of the Victim Compensation and Government Claims
Board (claims board) improperly removed confidential documents
from her workplace, and the claims board failed to take appropriate
steps to prevent these actions. Consequently, the security of
personal information of victims of violent crimes was compromised
and the claims board failed to promptly process $10,567 in
compensation claims from these victims.
Department of General Services
A manager with the Department of General Services improperly
used state vehicles for his daily commute for nine years. The misuse
that occurred from July 2006 through July 2009—the three years
for which complete records are available—cost the State an
estimated $12,379.
California Department of Transportation
Two electrical engineers at the California Department of
Transportation (Caltrans) each missed 24 hours of work, costing the
State $2,080, when they repeatedly left work early over a six‑week
period to teach classes at a local community college. Their supervisor
failed to monitor their attendance even though Caltrans had
reprimanded them previously for similar actions.

California State Auditor Report I2010-2

January 2011

Department of Motor Vehicles
An employee of the Department of Motor Vehicles (Motor
Vehicles) stole at least $448 in registration fees from
Motor Vehicles. After completion of our investigation, the
employee was convicted of one count of misdemeanor theft. Motor
Vehicles subsequently terminated the employee.
Department of Corrections and Rehabilitation
Corrections improperly compensated an employee $446 in
overtime pay for responding to building alarm activations
that never occurred. After discovering the misconduct,
Corrections failed to establish controls, discipline the employee,
or seek repayment.
Update on Previously Reported Issues
In addition to conveying our findings about investigations
completed from January through June 2010, this report
summarizes the status of issues described in our prior reports.
Chapter 9 details the actions taken by the respective agencies for
12 previously reported issues. The following paragraphs briefly
summarize two of these prior issues and the status of corrective
action taken by the agencies.
In September 2005 we reported that Corrections did not track the
total number of hours available in a release time bank (time bank)
composed of leave hours donated by members of the California
Correctional Peace Officers Association (union) so that union
representatives could cover union business. Our investigation
revealed 10,980 hours that three union representatives used from
May 2003 through April 2005 but that Corrections failed to charge
against the time bank, costing the State $395,256. Following our
report, Corrections did not attempt to obtain reimbursements
for the time that the three employees spent on union activities
in May and June 2005, resulting in an additional cost to the State
of $39,151. Corrections later informed us that it was unable to
reconstruct an accurate leave history for any period before July 2005
for the three union representatives. Consequently, Corrections will
not seek reimbursements totaling $434,407. Instead, Corrections
billed the union but was not reimbursed $1,078,193 for union work
performed by the employees from July 2005 through June 2010.1 In
January 2010 the State formally demanded that the union reimburse
it for the compensation paid to these and other employees who
1	

One of the three employees returned to full-time work at a correctional facility in January 2008.

3

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California State Auditor Report I2010-2

January 2011

performed full-time union work. In June 2010 Corrections reported
that it had initiated litigation against the union for the cost of all
unreimbursed union work since July 2005.
In June 2010 we reported that an inspector for the Department of
Industrial Relations (Industrial Relations), Division of Occupational
Safety and Health (Cal/OSHA), misused state resources and
improperly engaged in dual employment during her state work
hours, during which she received a total of $70,105 in inappropriate
payments. In addition, we reported that Cal/OSHA management
failed to implement controls that would have prevented the
improper acts. Subsequently, Industrial Relations informed us
that the inspector had resigned from state service. It also stated that
it conducted its own investigation of the inspector’s improper
activities, and in August 2010 it filed a civil lawsuit against the
former inspector in an effort to obtain reimbursement from her.
In addition, through a comprehensive survey of its employees,
Industrial Relations determined that the former inspector’s improper
conduct was an aberration. Further, Industrial Relations reported
that it gave a formal reprimand to the inspector’s direct supervisor
in October 2010. Finally, it stated that it retrained Cal/OSHA
supervisors in October 2010 to ensure that they understood and
complied with the policies and rules for accurate time reporting,
and it reiterated proper controls to ensure that employees do not
determine their own work hours and make up time informally.
Table 1 displays the issues and the financial impact of the cases in
this report, the months in which we initially reported on the cases,
and the status of any corrective actions taken.
Table 1
The Issues, Financial Impact, and Status of Corrective Actions for Cases Described in This Report
STATUS OF CORRECTIVE ACTIONS

CHAPTER

AGENCY

DATE OF OUR
INITIAL REPORT

ISSUE

COST TO THE
STATE AS OF
JUNE 30, 2010

FULLY
CORRECTED

PARTIALLY
CORRECTED

PENDING

New Cases
1

Department of Corrections
and Rehabilitation

2

California Conservation Corps

3

Department of Corrections
and Rehabilitation

January 2011

Delay in reassigning an
incompetent psychiatrist, waste
of state funds

January 2011

Failure to follow state
contracting laws

84,478

January 2011

Misuse of state resources,
failure to appropriately
manage employees

23,937



Failure to protect the security of
confidential documents

NA



4

Victim Compensation and
Government Claims Board

January 2011

5

Department of
General Services

January 2011

Misuse of state resources



$366,656

12,379





NO
ACTION
TAKEN

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California State Auditor Report I2010-2

January 2011

STATUS OF CORRECTIVE ACTIONS

CHAPTER

AGENCY

6

Department of Transportation

DATE OF OUR
INITIAL REPORT

ISSUE

January 2011

Failure to adhere to established
work schedule, failure to monitor
employees’ attendance
Theft of registration fees

7

Department of Motor Vehicles

January 2011

8

Department of Corrections
and Rehabilitation

January 2011

Improper overtime reporting

COST TO THE
STATE AS OF
JUNE 30, 2010

FULLY
CORRECTED

2,080



448



PARTIALLY
CORRECTED

PENDING

NO
ACTION
TAKEN



446

Previously Reported Cases
9

Department of Corrections
and Rehabilitation

September 2005

Failure to account for employees’
use of union leave

1,512,600

9

Department of Parks
and Recreation

March 2007

Misuse of state resources, failure
to perform duties adequately

NA



9

Department of Corrections
and Rehabilitation

October 2008

Improper payments for
inmate supervision

16,530



9

Department of Fish and
Game, Office of Spill
Prevention and Response

April 2009

9

Department of Corrections
and Rehabilitation

November 2009

Improper payments for
inmate supervision

34,512



9

California State University,
Office of the Chancellor*

December 2009

Improper and
wasteful expenditures

152,441



9

Department of
Industrial Relations

70,105



110,797



392



2,605



1,840



Improper travel expenses

June 2010

Misuse of state employees’ time,
waste of state funds

Department of Corrections
and Rehabilitation

June 2010

9

Department of
Consumer Affairs,
California Architects Board

June 2010

Department of Justice
June 2010

9

Department of
Water Resources

June 2010

9

Department of Motor Vehicles

June 2010



71,747

Misuse of state time and
resources, incompatible
activities, inadequate
administrative controls

9

9



Fictitious claim, improper gifts,
incompatible activities
Failure to report absences
accurately, inadequate
administrative controls
Improper gifts
Failure to follow personnel rules

NA



Source:  Bureau of State Audits.
NA = Not applicable because the situation did not involve a dollar amount or because the findings did not allow us to quantify the financial impact.
*	 The California State University, Office of the Chancellor, has completed corrective action on two of the five recommendations. However, it has taken
no action on the three remaining recommendations.



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California State Auditor Report I2010-2

January 2011

Blank page inserted for reproduction purposes only.

California State Auditor Report I2010-2

January 2011
Department of Corrections and Rehabilitation

Chapter 1
DEPARTMENT OF CORRECTIONS AND REHABILITATION:
DELAY IN REASSIGNING AN INCOMPETENT PSYCHIATRIST,
WASTE OF STATE FUNDS
Case I2009‑0607
Results in Brief
The Department of Corrections and Rehabilitation (Corrections)
placed parolees at risk by allowing a psychiatrist to continue
to treat them for four months after it received allegations of
his incompetence. In addition, Corrections wasted at least
$366,656 in state funds by not conducting a timely investigation
of the allegations. Because it identified the investigation as low
priority, Corrections took 35 months to complete it, resulting
in the psychiatrist performing only administrative duties for
31 months before being discharged. Nonetheless, during the
35-month investigation, he received over $600,000 in salary,
including two separate merit-based salary increases of $1,027 and
$818 per month, and he also accrued 226 hours of leave for which
Corrections paid him an additional $29,149 upon his termination.
Background
The mission of Corrections is to enhance public safety through
the safe and secure incarceration of offenders, effective parole
supervision, and rehabilitative strategies that help offenders
successfully reintegrate into communities upon their release.
Corrections employs physicians, including psychiatrists, to ensure
that inmates and parolees receive adequate health care.
When Corrections becomes aware of alleged misconduct by an
employee, it assesses the alleged misconduct and, if warranted,
conducts an investigation of the matter based on procedures
found in its operations manual. A complaint of misconduct
generally starts at the department level and from there may be
sent to Corrections’ Office of Internal Affairs (Internal Affairs).
Internal Affairs reviews the complaint and determines if it should
investigate. If it decides to investigate, it assigns an investigator to
the case. The investigator, along with Internal Affairs management,
sets a date for the completion of fieldwork and issuance of
the investigator’s final report. If the investigation substantiates the
employee’s misconduct, the initiating department and Corrections’
legal unit proceed with a disciplinary action against the employee.

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January 2011
Department of Corrections and Rehabilitation

California Code of Regulations, title 15, section 3360, subdivision (a),
mandates that Corrections is responsible for providing necessary
mental health services to persons on parole. Numerous court
decisions, including Hoptowit v. Ray (1982) 682 F.2d 1237, have
found that Corrections has a duty to ensure that the care it provides
is competent. Further, section 8547.2 of the Government Code
requires that Corrections avoid being wasteful or inefficient when
providing care.
When we received a complaint that Corrections had continued
paying a psychiatrist his full salary even though it had prohibited
him from treating patients due to concerns about his competency,
we initiated an investigation.
Facts and Analysis

Because Corrections took 35 months
to complete its investigation,
it placed patients at risk of
physical harm.

Corrections’ investigation of the serious misconduct of one of
its staff psychiatrists took 35 months. As a result of its delays,
Corrections placed patients at risk and wasted state funds.
In June 2006 it became aware of issues regarding the work
performance of the psychiatrist in question. Corrections sent an
allegation to its Internal Affairs in June 2006 that the psychiatrist
had falsified records and was unfit for duty. In September 2006
Internal Affairs assigned an investigator to the matter and
set February 8, 2007, as the expected date for completing
the investigation. In early October 2006 Corrections relieved the
psychiatrist of his duty to treat patients and gave him alternate
administrative duties after Internal Affairs determined that he had
negligently failed to prescribe, overprescribed, and inappropriately
prescribed medications to patients, thereby placing them at risk of
physical harm. After repeated delays, Internal Affairs completed
its investigation in October 2008 and referred the matter for legal
review and disciplinary action against the psychiatrist. Corrections
finally terminated the psychiatrist in May 2009. Figure 1 provides a
timeline of the events in the case.
At the time the investigation began, Corrections was paying the
psychiatrist a salary of $20,247 per month. Over the ensuing
35-month period, while it was investigating his competency and
taking actions to terminate his employment, Corrections not
only continued to pay the psychiatrist this monthly salary, but
increased it by giving him two merit-based salary increases of
$1,027 and $818 per month, respectively. In total, Corrections paid
the psychiatrist over $600,000 in salary, as well as an additional
$29,149 upon his termination for 226 hours of accrued leave during
the period.

California State Auditor Report I2010-2

January 2011
Department of Corrections and Rehabilitation

Figure 1
Timeline of the Department of Corrections and Rehabilitation’s Investigation
June 15
Internal Affairs receives the allegation from the
parole division administrator.
June 29
Internal Affairs completes an initial case
analysis that recommends a full investigation.
July 5
Internal Affairs’ management reviews
the initial case analysis and concurs
with the recommendation.

October 1
Internal Affairs completes its
investigation and refers the
matter for legal review and
disciplinary action.

September 8
Internal Affairs assigns an
investigator to the case.

2006

2007
October 4
Corrections prohibits the
psychiatrist from treating patients.

2008

2009

May 12
Corrections terminates
the psychiatrist.

June 6
Department of Corrections and
Rehabilitation (Corrections) is
notified of the improper behavior.

Source:  Bureau of State Audits’ review of Corrections’ investigation report and case
management system.

Corrections Placed Parolees at Risk by Allowing the Psychiatrist
to Treat Patients for Four Months After Learning of Allegations of
His Incompetence
By allowing the psychiatrist to continue to treat patients for
four months after learning of circumstances suggesting he was
unfit for duty, Corrections unnecessarily placed parolees at risk. As
discussed previously, Internal Affairs’ management decided after
three weeks that an investigation was necessary, and then took
nine weeks to assign the matter to an investigator.
According to Corrections, the nature of the case caused the general
delays that plagued the investigation. It stated that the case was
complex because it involved issues of dishonesty, inexcusable
neglect of duty, and other failures of good behavior. It also explained
that Internal Affairs had been required to consult with both
Corrections’ Employment Advocacy and Prosecution Team and
the Inspector General’s Bureau of Independent Review throughout
all phases of the investigation because these two entities were
monitoring the case. According to Corrections, this significantly
increased the time needed to complete the investigation.
The long period that elapsed before Corrections took action
to protect patients from the dangers of incompetent treatment
indicates that Corrections either lacks an efficient process for

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January 2011
Department of Corrections and Rehabilitation

responding in a timely manner to allegations of incompetency or
that it does not prioritize these cases appropriately in light of the
associated risk.
Corrections Wasted State Funds by Assigning a Low Priority to an
Investigation Involving a High‑Salaried Employee
Because Internal Affairs assigned a lower priority to the
investigation into the psychiatrist’s competency than it did to other
matters, it extended its date for completing the investigation several
times. As a result, the psychiatrist remained in his position for at
least 20 months longer than he might have had Internal Affairs
stuck to its original timeline. Between October 2006 and May 2009
he received full salary despite performing only administrative
tasks that staff at a much lower pay scale could have performed.
According to our calculations, the amount of salary Corrections
paid the psychiatrist during this period exceeded the value of the
administrative duties he performed by $366,656.

For 7 of the 28 months from
July 2006 through October 2008,
Corrections’ staff did not spend
even an hour on the case.

When asked about the delays, an Internal Affairs official explained
that Internal Affairs had assigned a higher priority to other cases,
including criminal investigations, investigations involving sworn
peace officers, and investigations involving high-level but not
necessarily high-salaried employees. The official also informed
us that when Corrections removes an employee from his or her
regular duties and assigns them alternate duties, investigators
tend to accelerate their investigation of the employee. However,
in this case, Internal Affairs was aware that Corrections relieved
the psychiatrist of his duty to treat patients in October 2006 but
did not take steps to accelerate the investigation in response.
According to time entries in Corrections’ case management system,
investigators, supervisors, and other staff (excluding legal counsel)
spent 516 hours working on the case from July 2006 through
October 2008.2 As shown in Figure 2, these hours ranged from
none to 88 hours per month, and averaged only 18.5 hours per
month. For 7 of the 28 months, staff did not spend even an hour on
the case.
Although Internal Affairs could have saved $366,656 in state
funds by completing its investigation of the psychiatrist within the
eight months it originally allotted, it could have saved additional
state funds had it initiated and completed the investigation even
more expeditiously. Further, if Corrections had terminated the
psychiatrist more promptly after Internal Affairs completed its
2	

We obtained all entries made by legal counsel in Corrections’ case management system; however,
they had not recorded their time spent on the case. According to a Corrections attorney, the
previous version of the case management system did not require its legal counsel to enter time
worked on specific tasks.

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California State Auditor Report I2010-2

January 2011
Department of Corrections and Rehabilitation

investigation, rather than taking almost seven and a half months
to do so, its savings would have been even greater. In short, a more
timely response to the psychiatrist’s alleged incompetence would
have resulted in increased safety to patients and significant savings
to the State.
Figure 2
Hours Internal Affairs Spent on the Investigation
July 2006 Through October 2008
100
90

June 29
Internal Affairs completes its
initial case analysis.
October 4
Department of Corrections
and Rehabilitiation prohibits
the psychiatrist from
treating patients.

80
70

February 8
Internal Affairs misses its
original self-established
due date to complete
the investigation.

Hours

60
50

October 1
Internal Affairs completes
its investigative report

40
30
20

Months
Source:  Department of Corrections and Rehabilitation’s case management system.
*	 Month in which investigators, supervisors, and other staff (excluding legal counsel) spent less than one hour on the case.

Recommendations
Corrections should take the following actions to ensure that it
provides inmates and parolees with competent health care and that
it minimizes the waste of state funds:
•	 Establish a protocol to ensure that upon receiving credible
information that a medical professional may not be capable
of treating patients competently, it promptly relieves that
professional from treating patients, pending an investigation.

October 2008

August 2008

September 2008

July 2008

June 2008

May 2008

April 2008

*
March 2008

January 2008

February 2008

December 2007

November 2007

October 2007

September 2007

August 2007

July 2007

June 2007

January 2007

May 2007

December 2006

*
April 2007

*
March 2007

*

February 2007

*
November 2006

October 2006

*
September 2006

*

August 2006

0

July 2006

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January 2011
Department of Corrections and Rehabilitation

•	 Increase the priority Internal Affairs assigns to the investigation
of high-salaried employees.
•	 Develop procedures to ensure that Internal Affairs assigns a
higher priority for completion of investigations into employee
misconduct involving employees who have been assigned
alternate duties.
Agency Response
In December 2010 Corrections reported that it recognized the
need to review its policies and procedures to ensure that patients
are treated by competent professionals and that state funds are
not wasted. Nevertheless, it disagreed with the findings of our
investigation. Corrections asserted that patients’ safety was
not jeopardized when it waited four months after receiving the
allegations to remove the psychiatrist from duties that involved
treating patients. It stated that it must substantiate the facts of
an allegation and receive enough proof before taking action.
Corrections also stated that once it reviewed the findings, it took
immediate action to remove the psychiatrist from his regular duties,
pending the final personnel outcome. However, as we point out
in our report, Corrections removed the psychiatrist from treating
patients well before its investigation was completed but four
months after it received the allegations. We contend that when
Corrections receives from a credible source serious allegations of
behavior that could jeopardize the safety of patients or others, it
should not postpone reassigning the employee to alternate duties,
even if only temporarily. Thus, its failure in this case to respond
promptly to serious and credible accusations put the safety of the
psychiatrist’s patients at risk.
In addition, contrary to our findings, Corrections stated that its
investigation was timely and consistent with its policies and state
law. It cited Government Code section 19635, which provides that
an adverse action against a state employee is valid if it is served
to the employee within three years after the cause for discipline
first arose. Although Corrections served the psychiatrist with
adverse action within the three-year limit imposed by state law,
no law or regulation prevented it from assigning a higher priority
to the case and completing it sooner. Had Corrections completed
the investigation and subsequently terminated the psychiatrist
promptly, it would have saved significant state funds that it paid
to the psychiatrist while he performed administrative duties of
little value.

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January 2011
Department of Corrections and Rehabilitation

Even though Corrections disagreed with our findings, it reported
that it would take some steps to implement our recommendations.
Corrections stated that it was discussing our recommendation to
establish a protocol for promptly relieving medical professionals
from treating patients upon receiving credible information that a
professional may not be capable of treating patients competently.
However, it did not indicate whether it planned to implement the
recommendation. In addition, Corrections stated that Internal
Affairs would communicate with the proper authorities to
determine whether an employee under investigation has been
removed from primary duties and would consider expediting the
completion of investigations involving high-salaried staff assigned
alternate duties in order to reduce the fiscal impact on the State.
Finally, Corrections included in a training presentation a discussion
of the need for staff involved in the disciplinary process to consult
with Internal Affairs when employees are placed on administrative
leave or removed from their primary duties.

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California Conservation Corps

Chapter 2
CALIFORNIA CONSERVATION CORPS: FAILURE TO
FOLLOW STATE CONTRACTING LAWS
Case I2008‑1021
Results in Brief
The California Conservation Corps (Conservation Corps) evaded
competitive bidding requirements by splitting contracts to purchase
uniforms costing $64,666 from a single vendor. In addition,
the Conservation Corps did not properly obtain required price
quotations when approving two other uniform purchases totaling
$19,812 from the same vendor.
Background
State law created the Conservation Corps in 1976 as a workforce
development program for young men and women it calls
corpsmembers. The corpsmembers respond to natural disasters
and provide environmental conservation services to the State. The
Conservation Corps hires approximately 3,300 young men and
women each year to accomplish its mission.
When purchasing uniforms for its corpsmembers, the Conservation
Corps must abide by the purchasing provisions in state law. Public
Contract Code section 10302 requires competitive bidding for
the purchase of goods in excess of $25,000, and section 10301
requires that all contracts for the acquisition of goods amounting to
$25,000 or more be entered into with the lowest responsible bidder.
In addition, section 10329 states that it is unlawful to willfully
split a single transaction into a series of transactions to evade
competitive bidding requirements. Notwithstanding these sections,
Government Code section 14838.5 allows state agencies to forgo
competitive bidding requirements when procuring goods with an
estimated value between $5,000 and $100,0003 from a certified
small business or a disabled veteran business enterprise as long as
the agencies obtain price quotations from two or more certified
small businesses or disabled veteran business enterprises.
When we received information that the Conservation Corps
violated state contracting laws when it purchased uniforms from a
small business, we initiated an investigation.
3	

The law changed effective January 1, 2010, to increase the upper limit of the estimated value to
$250,000. However, during the relevant period for the transactions investigated, the estimated
value could not exceed $100,000.

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California Conservation Corps

Facts and Analysis
Our investigation revealed that when purchasing uniforms for
its corspmembers, the Conservation Corps evaded competitive
bidding requirements and did not properly obtain price quotations
as required by state law. Specifically, the Conservation Corps
contracted with a certified small business by issuing three purchase
orders dated July 1, 2007, for a total of $110,400 worth of clothing
and boots. If the Conservation Corps had used a single purchase
order for the full amount of $110,400, it would have exceeded
the small business exception to competitive bidding authorized
by Government Code section 14838.5. Conservation Corps staff
improperly split the contract into three purchase orders, two for
$50,000 and the third for $10,400, and proceeded to purchase
its uniforms without engaging in competitive bidding. Table 2
shows the date and amount of the purchase orders as well as the
amounts the Conservation Corps eventually paid for purchases
associated with each purchase order.4
Table 2
Improper Purchase Orders in July 2007
DATE OF
PURCHASE ORDER

AMOUNT OF
PURCHASE ORDER

AMOUNT OF
PURCHASE ORDER
PAID TO VENDOR

July 1, 2007

$50,000

$46,002

July 1, 2007

50,000

18,289

July 1, 2007

10,400

375

$110,400

$64,666

Totals

Source:  California Conservation Corps accounting records.

Our review of the Conservation Corps’ accounting records
indicated that it paid the vendor $64,666 for the uniforms it
purchased, using the improper purchase orders when recording
the purchases. Moreover, we determined that the Conservation
Corps failed to use consistent accounting practices in recording the
purchases.5 Thus, the $64,666 may not encompass all expenditures
related to the three purchase orders. Because the Conservation

4	

The purchase order amounts represent the amounts set aside to pay for future purchases. The
amounts paid represent the actual costs of the purchases.
5	 Some staff members failed to include the purchase order numbers in the appropriate data field
when entering transaction data into the accounting system. We found one instance in which
accounting staff did not properly record a $3,859 purchase related to the July 2007 purchase
orders. We are uncertain as to whether other such errors exist.

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January 2011
California Conservation Corps

Corps originally estimated the total value of the goods at $110,400,
it violated state law by splitting the purchases into a series of
contracts, regardless of the final amount paid.
In two more instances nearly a year later, we found that the
Conservation Corps did not properly obtain price quotations from
two or more small businesses prior to making other purchases
totaling $19,812 from the same vendor that it used in July 2007.
The procurement files for the purchase orders contained price
quotations from three vendors, including the selected vendor.
However, the two alternate vendors were not certified small
businesses as required by Government Code section 14838.5. In
addition, the price quotations from all of the vendors for one of the
purchase orders were dated nearly two months after the purchase
order’s date. Thus, the Conservation Corps could not have used
these price quotations as the basis for the purchase order.
Our investigation determined that the improper purchase orders
resulted from failures at several levels within the Conservation
Corps. Specifically, the manager who approved the three purchase
orders totaling $110,400 told us that she believed a former
employee, who prepared the purchase orders, received inadequate
training and created the purchase orders to set aside funds for
future uniform purchases in the Conservation Corps’ accounting
system. The manager acknowledged that she should not have
approved the purchase orders and expressed regret for her actions.
A second manager told us that he did not believe that the employee
and the approving manager intended to circumvent the proper
protocols but simply wanted to expedite the purchase of uniforms,
which generally is a time-sensitive task. Another employee
apparently failed to obtain the required quotes from two certified
small businesses for each of the two additional purchase
orders totaling $19,812. The Conservation Corps headquarters
staff members who were responsible for processing all of the
purchase orders discussed in this report did not detect any of
these violations.
Recommendations
To address the improper acts we identified and prevent similar
acts in the future, the Conservation Corps should take the
following actions:
•	 Take appropriate corrective action against the employees
responsible for the improper purchases.

The improper purchase orders were
the result of failures at several levels
within the Conservation Corps.

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California Conservation Corps

•	 Implement controls to ensure that staff do not split contracts to
evade competitive bidding requirements and that staff obtain
and document in the procurement file the appropriate number
of price quotations from certified small businesses prior to
purchasing goods.
•	 Provide adequate training to staff responsible for preparing and
approving purchases.
•	 Correct inconsistent accounting practices and require staff to
associate expenditures directly with the purchase orders that
authorized the expenditures.
Agency Response
The Conservation Corps reported in December 2010 that it
had issued a corrective action memorandum to each employee
responsible for the improper purchases. In addition, the
Conservation Corps reported that to strengthen its controls, it had
developed a process in October 2008 to ensure that staff follow
the proper procedures regarding bidding documents and price
quotations, but it did not elaborate on what the process entails.
The Conservation Corps also told us that it had audited purchase
orders from 2007 through the current fiscal year, but it did not
indicate the results of the audit. In addition, it stated that it holds
quarterly meetings with its business services officers to discuss
procurement matters, including new policies and procedures.
Further, the Conservation Corps stated that it had provided
procurement training to its staff in 2007, 2008, and 2009. It also
stated that it planned to offer additional training in March 2011,
focusing on proper bidding procedures and other procurement
activities. Finally, to correct inconsistent accounting practices, the
Conservation Corps reported that it planned to provide additional
training to supervisors who authorize purchasing documents to
ensure consistency in basic accounting principles.

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January 2011
Department of Corrections and Rehabilitation

Chapter 3
DEPARTMENT OF CORRECTIONS AND REHABILITATION:
MISUSE OF STATE RESOURCES, FAILURE TO
APPROPRIATELY MANAGE EMPLOYEES
Case I2008‑0820
Results in Brief
A supervisor at Kern Valley State Prison within the Department of
Corrections and Rehabilitation (Corrections) allowed an employee
to take two-hour breaks at the end of his shifts from June 2006
through August 2009. We estimate that as a result, the State paid
the employee $23,937 for 1,160 hours during which he was not
performing his job duties.
Background
The mission of Corrections is to enhance public safety through
safe and secure incarceration of offenders, effective parole
supervision, and rehabilitative strategies that help offenders
successfully reintegrate into communities upon their release.
Corrections’ employees are required to comply with laws
regarding misuse of state resources. California Government
Code section 11813 declares that waste and inefficiency in
state government undermine Californians’ confidence in their
government. Further, section 13401 of the Government Code
declares that all levels of management within state agencies
must be involved in assessing and strengthening the systems of
administrative control to minimize fraud, errors, abuse, and waste
of government funds.
When we received an allegation that a Corrections employee
regularly took two-hour breaks at the end of his shifts, we
contacted Corrections and requested its assistance in conducting
an investigation.
Facts and Analysis
The investigation revealed that for more than three years the
employee, with full knowledge of his supervisor, had frequently
taken two-hour breaks at the end of his shifts. The employee’s
duties included delivering goods from a warehouse to other areas
of the facility. When interviewed, the employee acknowledged
that he usually stopped work approximately two hours before

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Department of Corrections and Rehabilitation

The employee admitted that
he usually stopped working
approximately two hours before his
shift ended.

his shift ended and went to a prison receiving area to sit out the
remainder of the time. He explained that because of shift changes
and potential traffic within the facility, he was unable to make
deliveries after 2 p.m. Other employees stated that they witnessed
the employee sitting in the receiving area for these two‑hour
periods “almost daily” or approximately three to four times a
week. Two witnesses indicated that they sometimes observed the
employee sitting with his eyes closed, apparently sleeping. However,
the employee denied sleeping in the receiving area.
The supervisor, who acknowledged being aware that the employee
was not working during these breaks, failed to manage the
employee in a manner consistent with the efficient use of state
resources. During the investigation, the employee’s supervisor
stated that he did not believe the employee’s two-hour daily breaks
were improper. The employee confirmed that his supervisor was
aware that he did not make deliveries for the last two hours of his
shift and stated that if his supervisor had assigned him additional
duties to perform, he would have complied. By permitting the
employee to regularly take two-hour breaks, the supervisor allowed
the employee to waste state time. The supervisor’s manager
denied knowing about the afternoon breaks. However, witnesses
interviewed during the investigation contradicted that assertion.
The supervisor’s manager also failed to take action when notified of
the hours of state time wasted nearly every day.
Through their inaction, the supervisor and manager failed to fulfill
their responsibilities to manage employees appropriately and
minimize the waste of state resources. Because of the supervisor’s
and manager’s failure to take appropriate action, we estimated that
the employee wasted 1,160 hours of state time from June 2006
through August 2009 at a cost to the State of $23,937.
Recommendations
To address the supervisor’s and manager’s waste of state resources
and failure to manage the employee appropriately, Corrections
should do the following:
•	 Take appropriate disciplinary action against the supervisor
and manager.
•	 Evaluate the employee’s position, duties, and workload to
determine how best to avoid the waste of state time in the future.
For example, an earlier start time might allow the employee to
make deliveries throughout his entire shift. Other options might
include converting the position to part-time or assigning other
tasks to the employee for the last two hours of his shift.

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January 2011
Department of Corrections and Rehabilitation

Agency Response
In November 2010 Corrections reported that the facility’s business
manager reiterated to staff the expectation that employees should
report to a supervisor when they have completed tasks or duties
to receive new assignments. In addition, Corrections stated that
it had revised the employee’s duty statement to include additional
duties consistent with State Personnel Board guidelines and that
it had changed the employee’s work schedule to an earlier start
time. Corrections reported in December 2010 that, based on its
review of the findings, it did not find any misconduct on the part
of the supervisor or the manager. Therefore, it declined to take any
disciplinary action against them. Instead, Corrections provided to
these and other employees on‑the‑job training relevant to the issues
in the investigation. Nevertheless, Corrections did not provide
us any information or evidence that would call into question the
accuracy of our findings.

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January 2011
Victim Compensation and Government Claims Board

Chapter 4
VICTIM COMPENSATION AND GOVERNMENT CLAIMS
BOARD: FAILURE TO PROTECT THE SECURITY OF
CONFIDENTIAL DOCUMENTS
Case I2008‑1229
Results in Brief
An employee at the Victim Compensation and Government Claims
Board (claims board) improperly removed hundreds of confidential
documents from her workplace. Despite a history of misconduct on
the employee’s part, the claims board failed to take appropriate steps
to monitor her actions and protect the security of the documents.
Her removal of the documents compromised the security of
victims’ personal information and resulted in the claims board
failing to promptly process $10,567 in compensation claims from
victims of violent crimes.
Background
The claims board provides compensation for eligible services to
Californians who have been victims of violent crimes, including
domestic violence, child abuse, sexual and physical assault,
homicide, robbery, and vehicular manslaughter. The claims board
reimburses victims who have been injured or threatened with
injury for the costs associated with medical and dental care, mental
health services, income loss, funeral expenses, rehabilitation,
and relocation. In the course of receiving and processing claims
for reimbursement, staff at the claims board regularly handle
documents containing victims’ confidential and personal
information, including medical and mental health reports, crime
reports, and medical and mental health bills.
Employees at the claims board are required to follow state laws
governing the storage and protection of state records. Specifically,
Government Code section 6200, subdivision (a), prohibits
any employee from willfully stealing, removing, or secreting any
document filed with his or her office. In addition, Civil Code
section 1798.3, which is a part of California’s Information Practices
Act, requires each state agency to establish appropriate and
reasonable administrative, technical, and physical safeguards
to ensure the security and confidentiality of records, and to
protect against anticipated threats or hazards to their security or
integrity. Pursuant to that mandate, the claims board has adopted
explicit policies stating that all materials in victims’ claim files are
confidential, employees must protect the confidentiality of the

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Victim Compensation and Government Claims Board

information contained in the claim files, and employees may not
disclose the information in the claim files unless authorized to do so
by law.
When we received an allegation that an employee at the claims
board had removed confidential documents from the claims board’s
offices and left those documents at an unsecured location, we asked
the claims board to assist us with an investigation.
Facts and Analysis
The investigation revealed that during a three-year period from
2004 through 2007, a claims board employee removed hundreds of
confidential documents from the claims board’s offices and stored
the documents at her residence. During this period, management
at the claims board became aware of documents disappearing, was
alerted that the employee had an alcohol abuse problem, and even
found the employee hiding documents in her desk. Yet, the claims
board failed to monitor the employee’s work activities in a manner
that would have revealed the extent of her improper conduct.
The Employee Improperly Removed Confidential Documents
From the Workplace
The employee removed hundreds
of confidential documents from the
claims board’s offices and stored
the documents at her residence.

The investigation found that the employee had stored hundreds of
documents related to victims’ compensation claims in the garage
of what had been her residence for many years.6 An inventory of
the stored items identified 468 confidential documents related to
victims’ compensation claims. The documents included the names
of 348 victims and the Social Security numbers of 160 victims.
Although the claims board did not uncover any incidents of identity
theft or other improper use of the victims’ personal information
during the investigation, claims board staff alerted the victims
to this possibility so they would remain vigilant. The claims
board determined that because the employee had removed these
documents from its offices, it had not processed 23 applications for
compensation within the time period prescribed. In addition, it had
failed to pay 27 invoices for medical or mental health services in a
timely manner. These 27 invoices totaled $10,567.
When questioned during the investigation, the employee denied
taking any documents home and asserted that her former
spouse had taken them from her work location when he visited
her. However, the investigation found no evidence to support
6	

At the time of our investigation, the employee had moved out of the house.

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January 2011
Victim Compensation and Government Claims Board

this assertion. The employee’s spouse lacked the opportunity to
remove so many confidential documents covering such a broad
time period. The employee’s supervisor told us he believed the
employee may have removed the documents from the workplace to
avoid doing work associated with them.
By removing claim documents from the workplace, the employee
violated Government Code section 6200, subdivision (a), governing
the custody of documents submitted to a state agency.
Further, she compromised the security of victims’ personal
information, including their names, Social Security numbers,
and health information, by failing to protect the confidentiality
of that information as required by claims board policies enacted
pursuant to the California’s Information Practices Act.
The Claims Board Failed to Monitor the Employee’s Actions Properly
Despite Her History of Misconduct
During the period when the employee was removing documents
from the workplace, management at the claims board had ample
evidence suggesting the need to more closely monitor her actions.
A review of the employee’s work history revealed that in 2006 and
2007, the employee was involved in six separate incidents at work
that appeared to have been related to the abuse of alcohol, including
three incidents in which the employee was found sleeping in a
restroom. More significantly, claims board management discovered
in June 2006 that the employee had hidden 788 pieces of unopened
mail in her desk. The employee’s supervisor stated that when
he confronted the employee about the discovery, the employee
told him that she had forgotten about the documents. However,
the documents found in the employee’s desk were dated from
April 2005 to June 2006, indicating that the problem was ongoing
and not due to a single incident of forgetfulness.
During the investigation, the employee’s supervisor admitted that it
was common for documents to be missing from victims’ case files,
but he stated that this occurred so regularly that it did not cause
him to suspect the employee might be taking documents home.
The claims board referred the employee to the state’s Employee
Assistance Program for help with alcohol abuse, but did not take
any action to watch for or prevent the employee—or any other
claims board employee—from improperly storing work-related
documents. Instead, the employee’s supervisor merely sent an
e-mail to all of his subordinates informing them that the claims
board had a legal right to look in their desk drawers and that they
should lock up their personal possessions. Given the employee’s
history of misconduct, the employee’s supervisor should have
implemented controls, including checking the employee’s desk

The employee may have removed
the documents from the workplace
to avoid doing work associated
with them.

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Victim Compensation and Government Claims Board

drawers, that would have alerted him that the employee was hiding
documents and removing them from the workplace, but he did not
do so.
At the conclusion of the investigation, the claims board dismissed
the employee.
Recommendations
To ensure that it effectively protects confidential documents
related to victims’ claims, the claims board should take the
following actions:
•	 Provide training to its employees, emphasizing the need to
protect confidential information from misuse and reiterating
that employees are prohibited from hiding documents or storing
them at home.
•	 Implement a protocol that requires management and staff to
search for and locate missing claim files and file documents
immediately after the discovery of them missing.
•	 Take appropriate disciplinary action against the employee’s
supervisor for failing to monitor the employee’s actions
after becoming aware that the employee had hidden claims
board documents.
Agency Response
The claims board reported in December 2010 that it provides
training to its employees emphasizing the need to protect
confidential information when it annually reviews with staff its
policies related to the protection of confidential information. It also
reported that it has incorporated the importance of maintaining
the confidentiality of claims board information and documents as
a regular part of its new staff training. In addition, the claims board
stated that it regularly discusses information security issues at
manager and all‑staff meetings.
In response to our recommendation that it locate missing claim
files and file documents immediately after they are discovered
missing, the claims board reported that in 2008 it implemented
an automated claims processing system. In this system, claims
board staff in its scan unit scan all documents into the system and
electronically transmit them as files are assigned to individuals
for processing. The claims board also stated that it maintains hard
copies of the files in a secure room separate from claims processing

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January 2011
Victim Compensation and Government Claims Board

staff. Further, it stated that its scan and intake units maintain and
report daily statistics about mail received and processed. Thus,
the claims board indicated that it identifies, investigates, and takes
appropriate action for any fluctuations. Consequently, the claims
board stated that, under its automated processing system, an
employee would neither have access to nor be able to accumulate
mail as the employee in this investigation did.
Finally, the claims board responded that it takes a proactive
approach in addressing personnel issues, including disciplinary
matters, through risk management meetings. It also stated that
it holds its managers accountable for their actions or lack of
action. Despite these statements, the claims board failed to take
any disciplinary action against the supervisor for his inadequate
monitoring of the employee after he learned that she had hidden
confidential claims board documents.

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January 2011
Department of General Services

Chapter 5
DEPARTMENT OF GENERAL SERVICES: MISUSE OF
STATE RESOURCES
CASE I2008‑1024
Results in Brief
A manager with the Department of General Services (General
Services) improperly used state vehicles for his daily commute for
nine years. The cost of the misuse from July 2006 through July 2009,
the three years for which complete records are available, totaled an
estimated $12,379. Because the records were not retained, we were
not able to accurately estimate the cost to the State for the remaining
six years.
Background
General Services provides a variety of services to other state
agencies, including administering the State’s vehicles. Its Office of
Fleet and Asset Management owns about 6,000 vehicles that it leases
to other state agencies for use by state employees while conducting
official state business. As part of its administration of these vehicles,
General Services operates five garages statewide that maintain and
service the vehicles.
General Services’ employees are required to comply with laws
that govern proper use of state resources, including state vehicles.
Specifically, section 8314 of the Government Code prohibits state
employees from using public resources, including state vehicles, for
personal purposes. Section 19993.1 of the same code mandates that
employees may use state-owned vehicles only when conducting state
business. California Code of Regulations, title 2, section 599.802,
further clarifies that using a state vehicle to travel to or from an
employee’s home is a misuse of state resources unless specific
requirements are met. A related regulation, section 599.803, states
that an employee is liable to the State for the actual costs attributable
to misuse of a state-owned vehicle.
Upon receiving an allegation that a General Services manager
had used state vehicles for personal purposes, we initiated
an investigation.

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Department of General Services

Facts and Analysis
Our investigation revealed that the General Services manager
improperly used various state vehicles to commute to and from
work over a nine-year period. When we interviewed the manager,
he acknowledged that four to five days a week he had driven state
vehicles home, stored them overnight, and then returned them
to the state garage the next day. The manager justified his use of
the vehicles by stating that he needed to take the vehicles home
to test‑drive them for safety and to drop them off at vendor shops
where he would pick up other state vehicles that had been repaired.
However, an administrator in the manager’s division informed
us that while the manager may have had a legitimate reason to
occasionally take a vehicle home, it was inappropriate for the
manager to take vehicles home as frequently as he did.
We estimate that the cost to the State for the three years of
misuse that occurred and for which records were available—from
July 2006 through July 2009—totaled $12,379. We restricted our
examination of the cost associated with the manager’s misuse of
vehicles during this time period because records for prior periods
were not complete. Table 3 displays our estimate of the number
of miles the manager improperly commuted in state vehicles
and the associated costs, which we determined by the number of
days the manager worked each month and the applicable mileage
reimbursement rates in effect at the time. However, because the
manager acknowledged that he used state vehicles to commute to
work for about the past nine years, the total cost to the State of his
misuse is significantly higher.
Table 3
Estimated Commute Miles the Manager Drove in State Vehicles and
the Associated Costs
July 2006 Through July 2009
ESTIMATED NUMBER
OF COMMUTE MILES

AVERAGE REIMBURSEMENT
RATE PER MILE

ESTIMATED
COST OF MISUSE

July through December 2006

3,667

$0.4450

$1,632

January through December 2007

8,010

0.4850

3,885

January through December 2008

8,295

0.5440

4,512

January through July 2009

4,272

0.5500

2,350

24,244

$0.5106

$12,379

TIME PERIOD

Estimated number of commute
miles and cost of misuse

Sources:  Bureau of State Audits’ analysis of the manager’s time sheets, home location, sworn
statement, and applicable mileage reimbursement rates.

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Department of General Services

The manager retired from state service shortly after we interviewed
him. He was still under investigation at the time of his retirement.
Recommendations
To address the manager’s improper acts and prevent similar acts
from occurring, General Services should take the following actions:
•	 Seek reimbursement from the manager for the costs associated
with his misuse of state vehicles.
•	 Issue a memorandum regarding the appropriate use of
state‑owned vehicles to all division employees with access
to state vehicles.
Agency Response
In December 2010 General Services reported that it planned to seek
reimbursement from the retired manager for the costs associated
with the misuse. In addition, it stated that in March 2010, prior to
the completion of our investigation, it issued a number of operating
policies to its employees that prohibit the use of state‑owned
vehicles for travel to and from an employee’s home without
express permission.

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California Department of Transportation

Chapter 6
CALIFORNIA DEPARTMENT OF TRANSPORTATION:
FAILURE TO ADHERE TO ESTABLISHED WORK SCHEDULE,
FAILURE TO MONITOR EMPLOYEES’ ATTENDANCE
Case I2008‑1046
Results in Brief
Over a six-week period in June and July 2008, two electrical
engineers at the California Department of Transportation
(Caltrans) repeatedly left work early to teach classes at a local
community college. As a result, the engineers each missed 24 hours
of work, at a total cost to the State of $2,080. Their supervisor failed
to monitor their attendance even though Caltrans had previously
reprimanded both engineers for similar actions.
Background
Caltrans is responsible for designing, building, operating, and
maintaining California’s state highway system, bridges, and intercity
rail passenger services. Caltrans employs engineers to perform a
variety of electrical and electronic engineering work in office and
field settings.
As state employees, Caltrans employees are subject to the
provisions of section 8314 of the Government Code, which
prohibits employees from using public resources, including
state‑compensated time, for their personal enjoyment or private
gain. In addition, section 19990 of the same code prohibits state
employees from engaging in any employment, activity, or enterprise
that is clearly inconsistent, or in conflict with, their duties as state
employees. Section 13401 of the same code declares that all levels
of management at state agencies must be involved in assessing
and strengthening administrative controls to minimize fraud,
errors, and waste of government funds. Finally, California Code
of Regulations, title 2, section 599.665, requires departments to
keep complete and accurate time and attendance records for
each employee.
When we received an allegation that two Caltrans engineers had
repeatedly left work early over a six-week time period, we asked
Caltrans to assist us with the investigation.

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California Department of Transportation

Facts and Analysis
The two engineers each failed to
account for 24 hours of absences
when they left work early to teach
classes at a community college.

Our investigation found that two Caltrans engineers failed to
properly account for their absences when they left work early
without approval in June and July 2008 to teach classes at a local
community college. As a result, they each failed to account for
24 hours, at a total cost to the State of $2,080.
Caltrans had investigated the two engineers for similar behavior in
2005 and found that their work at the college conflicted with their
state work schedules. As a result, Caltrans formally reprimanded
the two engineers in May 2006 and provided them and other
employees in their unit with a workplace expectations memo in
June 2007. The 2006 reprimands directed both engineers to adhere
to their work schedules. It specifically stated that if in the future
the two engineers left work to teach on state time, Caltrans would
consider them absent without leave, and they would therefore be
subject to adverse action. The 2007 workplace expectations memo,
which both engineers signed, required that they seek and receive
permission from their supervisor if they wanted to alter their
schedules in any way.
During our investigation of the allegations involving June and
July 2008, the two engineers admitted that they had left work
early to accommodate their teaching schedules without obtaining
approval from their supervisor. The engineers’ work schedules
required them to work Monday through Friday from 6 a.m. to
2:30 p.m. However, during the 2008 summer term, both taught
classes that started at 3:00 p.m. at a college that is located 31 miles
from their headquarters. Our investigation determined that the
commute time between the two locations averages between 34 and
45 minutes. Thus, the two engineers violated the conditions of their
May 2006 reprimands and the workplace expectations memo. The
two engineers asserted that they had made up the time that they
were not at work, either by working additional time not captured
on their time sheets or by skipping lunch. However, both engineers
acknowledged that they had not always notified their supervisor of
their actions.
The supervisor of the two engineers failed to show the diligence
necessary to ensure that they were not leaving work early. When
questioned, the supervisor stated that he allowed his employees
flexibility in adjusting their work schedules as long as they informed
him. However, as we noted previously, the two engineers failed
to notify the supervisor when they left work early to teach at the
college. The supervisor also stated that he was at times unable to
monitor his employees because he had to attend meetings outside
the office. Nevertheless, he was unable to explain why he was not
aware that the two engineers had left early during the six-week

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California Department of Transportation

period under investigation. The supervisor stated that he had not
known of his employees’ teaching schedules because he considered
that activity to be taking place on their own time. However, we
believe that he should have been more proactive in this instance,
given that he had previously admonished these two engineers for
leaving work early. Thus, under these circumstances, he failed to
show the diligence necessary to ensure that they were not again
leaving work early.
Both engineers stated they believed they had worked full 40‑hour
weeks during the six-week period in question. However, the
investigation found that they had not adhered to their official work
schedules, had not obtained permission from their supervisor
to leave work early, had violated the provisions of the workplace
expectation memo, and had failed to follow the directives outlined
in their 2006 reprimands. Based on the findings, Caltrans again
issued written reprimands to each of the engineers and required
each one to charge 24 hours as absent without leave to compensate
for the work they had missed.
Recommendations
To ensure that the engineers adhere to their established schedules
and that the supervisor adequately monitors his subordinates’
attendance, Caltrans should take the following actions:
•	 Verify that the two engineers follow the directives outlined in
their reprimands.
•	 Require that the supervisor establish practices that enable him to
ensure that his subordinates work their entire shifts.
•	 Take appropriate adverse or corrective action against
the supervisor for his failure to adequately monitor his
subordinates’ attendance.
Agency Response
Caltrans reported in December 2010 that the supervisor and
his manager established a plan to verify that the employees are
following the directives outlined in their reprimands. It also
stated that the supervisor established practices to ensure that his
subordinates work their entire shifts. Finally, Caltrans stated that
it verbally reprimanded the supervisor for his failure to adequately
monitor his subordinates’ attendance and gave him a “letter of
warning” for his poor performance.

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Department of Motor Vehicles

Chapter 7
DEPARTMENT OF MOTOR VEHICLES: THEFT OF
REGISTRATION FEES
Case I2009‑0832
Results in Brief
An employee of the Department of Motor Vehicles (Motor Vehicles)
stole at least $448 in registration fees from Motor Vehicles. After
properly charging customers for transactions, the employee altered
records to waive late fees and to show that lesser amounts were
paid. The employee stole the late fees paid by the customers and
forged documents to make the alterations appear legitimate. After
the completion of our investigation, the employee was convicted of
one count of misdemeanor theft.
Background
The employee’s duties at Motor Vehicles included interpreting
provisions of the State’s Vehicle Code, regulations, and policies
pertaining to the registration of motor vehicles and the licensing
of drivers. She was also responsible for issuing driver’s licenses
and vehicle registrations and for processing fees collected during
those transactions.
Penal Code section 484 defines theft as the taking of personal
property of another person. Government Code section 19572,
subdivision (f ), mandates that state employees have a duty to
behave honestly with their state employers and that acts of
dishonesty may be cause for disciplinary action.
When we received an allegation that the Motor Vehicles
employee was stealing transaction fees, we contacted it and asked
for assistance with our investigation. Motor Vehicles had already
begun investigating the employee’s conduct, and we provided it
with additional evidence that it used to substantiate the allegation.
Facts and Analysis
On at least six occasions between April and October 2009,
the employee properly collected transaction and late fees from
cash‑paying customers, entered the amounts paid into Motor
Vehicles’ computer system, and then provided the customers with
new registrations. However, after completing the transactions, the
employee altered the information in Motor Vehicles’ computer

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Department of Motor Vehicles

system by waiving the late fees and adjusting the amounts paid
by the customers to match the amounts due after the late fees
were waived. The employee then pocketed the difference, in effect
stealing the late fees paid by the customers. On at least two of these
occasions, the employee also forged documents in an effort to make
the altered transactions appear legitimate.
When confronted by investigators, the employee admitted to stealing
late fees collected from customers. The investigation revealed that the
employee had stolen at least $448. The employee was convicted of
one count of misdemeanor theft in March 2010, and Motor Vehicles
terminated her effective June 2010.
After we concluded our investigation, Motor Vehicles informed
us that when an employee waives a fee or makes an adjustment,
the transaction is included in an exception report. Motor Vehicles’
policy states that a manager or other designee should review this
exception report within two working days of the transaction.
However, the employee’s manager appears to have failed to follow
this practice consistently.
Recommendations
To prevent the future theft of transaction fees by its employees,
Motor Vehicles should take the following actions:
•	 Ensure that managers or their designees review exception reports
within two working days, as required by Motor Vehicles’ policy.
•	 Determine whether corrective or disciplinary action is necessary
for the employee’s manager.
Agency Response
Motor Vehicles reported in July 2010 that it had issued a counseling
memo to the employee’s manager regarding her failure to properly
adhere to the exception report review process. In addition, Motor
Vehicles stated that it had given the manager’s designee, another
supervisor, a memo of discussion since the designee had been
inconsistent in her review of exception reports. Motor Vehicles
stated that it had provided training to the manager and the designee
to ensure that the proper review of exception reports occurs in the
future. Further, Motor Vehicles temporarily assigned the supervisor
to another Motor Vehicles field office to receive additional training
regarding her role as a supervisor in overseeing the exception report
review process.

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Department of Motor Vehicles

In December 2010 Motor Vehicles reported that it agreed with our
recommendation to ensure that managers or their designees review
exception reports within two working days. Specifically, it stated that
it would provide additional training to all of its field supervisors to
ensure compliance with its exception report review policies.

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Department of Corrections and Rehabilitation

Chapter 8
DEPARTMENT OF CORRECTIONS AND REHABILITATION:
IMPROPER OVERTIME REPORTING
Case I2007‑0887
Results in Brief
An employee with the Department of Corrections and
Rehabilitation (Corrections) improperly reported 16 hours of
overtime for responding to building alarm activations that never
occurred. Because Corrections did not have adequate controls
to detect the improper reporting, it compensated the employee
$446 in overtime pay she did not earn. After discovering the
employee’s misconduct, it failed to take appropriate actions
to establish controls, discipline the employee, or collect the
improper pay.
Background
The mission of Corrections is to enhance public safety through
safe and secure incarceration of offenders, effective parole
supervision, and rehabilitative strategies that help offenders
successfully reintegrate into communities upon their release.
Corrections ensures that its nonprison facilities remain secure by
using alarm systems and subscribing to monitoring services. In
some instances, Corrections assigns employees to respond when
building alarms are triggered to confirm that the locations are
secure and to reset the alarms.
When Corrections requires an employee to respond to an alarm
outside of normal business hours, the employee is typically entitled
to receive credit for four hours of work. For example, the collective
bargaining agreement between the State and Bargaining Unit 4
states that when an employee has completed a normal work shift
and is then ordered back to work, the employee must be credited
with a minimum of four hours of work.
California Code of Regulations, title 2, section 599.665, requires
each state agency to keep complete and accurate time and
attendance records for each of its employees. Consistent with this
regulation, Corrections requires that its employees certify the
accuracy of their time sheets and that its managers and supervisors
approve time sheets submitted by their subordinates only after
ensuring that those time sheets are accurate. Further, Government

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Department of Corrections and Rehabilitation

Code section 19572, subdivision (f ), provides that state employees
have a duty to behave honestly with their state employers and that
acts of dishonesty may be cause for disciplinary action.
After receiving a complaint that a Corrections employee had
claimed overtime for responding to building alarm activations
that had not occurred, we contacted Corrections and requested its
assistance in conducting an investigation.
Facts and Analysis
Our investigation revealed that the employee improperly reported
and received compensation for 16 hours of overtime that she did
not earn. From March 2007 through June 2007, the employee
recorded on her monthly time sheets that she responded to a total
of seven separate building alarm activations. On each occasion,
she recorded four hours of overtime as specified by her union’s
bargaining agreement. However, the alarm company’s records
indicated that on five of these occasions no building alarms had
been activated. The employee explained that the alarm company’s
practice was to call her cell phone when an alarm was activated,
yet the employee’s cell phone records indicate that in four of the
five instances the alarm company did not call her. As a result of
the employee’s misconduct, the State improperly compensated her
approximately $446.7
Corrections lacked controls to ensure the legitimacy of the
overtime recorded on the employee’s time sheets and failed to take
appropriate action when it discovered the employee’s misconduct.
Because the time recorded by the employee for responding to
building alarm activations occurred after regular business hours,
the employee’s supervisor should have verified the legitimacy of the
overtime with the alarm company. However, the supervisor did not
follow this practice and thus failed to ensure that the employee’s
time and attendance records were accurate. As of February 2010
Corrections still had not implemented a similar control to ensure
that overtime related to building alarm activations is accurately
recorded on time sheets.
In August 2009—during our investigation—Corrections took steps
to remove the employee’s responsibility to respond to building
alarm activations. However, it deemed that corrective action was
not warranted to address the 16 hours of overtime the employee
improperly reported. As a result, Corrections allowed the employee
to retain compensation that she did not earn.

7	

The employee elected to receive compensating time off in lieu of cash for some of the overtime
hours claimed.

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Department of Corrections and Rehabilitation

Recommendations
To address the employee’s misconduct and to ensure the accuracy
of employee time sheets in the future, Corrections should take the
following actions:
•	 Take appropriate disciplinary actions against the employee and
pursue collection efforts for the compensation she did not earn.
•	 Obtain monthly logs from the alarm company and verify that
overtime reported for responding to building alarm activations is
consistent with the logs.
Agency Response
Corrections reported in December 2010 that, based on its review
of the findings, the employee did not engage in any misconduct.
Therefore, it has declined to implement our recommendations.
However, Corrections did not provide us any information or
evidence that would call into question the accuracy of our findings.

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Update of Previously Reported Issues

Chapter 9
UPDATE OF PREVIOUSLY REPORTED ISSUES
Chapter Summary
The California Whistleblower Protection Act requires an employing
agency or appropriate appointing authority for the State to report
to the Bureau of State Audits (bureau) any corrective action or
disciplinary action that it takes in response to an investigative
report. The agency or authority must submit information regarding
its corrective actions to the bureau no later than 60 days after
the bureau notifies it of the improper governmental activities. If the
agency or authority has not completed its corrective action within
this time frame, it must submit monthly reports to the bureau until
it completes that action. This chapter summarizes corrective actions
agencies and authorities took on 12 previously reported issues.
Department of Corrections and Rehabilitation
Cases I2004-0649, I2004-0681, and I2004-0789
On September 21, 2005, we reported that the Department of
Corrections and Rehabilitation (Corrections) had failed to adequately
manage a release time bank (time bank) composed of leave hours
donated by members of the California Correctional Peace Officers
Association (union) for use by union representatives performing
union business. Specifically, Corrections did not track the total
number of hours available in the time bank and consequently
released employees to work on union-related activities without
knowing whether the bank had sufficient balances to cover these
releases. In addition, the reports that Corrections used to track
time-bank charges did not capture 10,980 hours that three union
representatives used from May 2003 through April 2005. Corrections
appears to have paid these hours through regular payroll at a cost
to the State of $395,256. Following our report, Corrections did not
attempt to obtain reimbursement for hours the three representatives
spent conducting union activities in May and June 2005, resulting
in an additional cost to the State of $39,151. In total, Corrections
inappropriately paid these representatives $434,407 from May 2003
through June 2005.
Corrections subsequently reported that due to inadequacies in its
retention of records, it had been unable to reconstruct an accurate
leave history for the three union representatives prior to July 2005.
Thus, it had decided it would not seek recovery for the $434,407
it improperly paid the representatives before this date. Instead, it
had directed its efforts toward the period beginning in July 2005,

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Update of Previously Reported Issues

billing the union $1,021,168 for unreimbursed union work the three
employees performed from July 2005 through December 2009.8
In March 2010 Corrections informed us that it had improved its
processes for reconciling, tracking, and billing union-paid leave.
In June 2010 Corrections notified us that it had initiated litigation
against the union regarding the unpaid leave.
Updated Information
Corrections has provided monthly updates regarding the cost of
union work hours for which it has billed the union but not yet
received reimbursement. As shown in Table 4, Corrections’ most
recent update shows that it failed to collect $1,512,600 for union
activities conducted by the three representatives from May 2003
through June 2010.
Table 4
Cost of Unreimbursed Union Leave From
May 2003 Through June 2010
TIME PERIOD

COST

May 2003 through June 2005:
Union work hours for which the Department
of Corrections and Rehabilitation
(Corrections) failed to seek reimbursement

$434,407

July 2005 through December 2009:
Union work hours billed but not reimbursed
to the State

1,021,168

January through June 2010:
Union work hours billed but not reimbursed
to the State
Total

57,025
$1,512,600

Sources:  Bureau of State Audits’ analysis, State Controller’s Office records, and invoices provided
by Corrections.
Note:  The cost of union work hours for which Corrections failed to seek reimbursement represents
the three union members’ salaries. The cost of union work hours billed but not reimbursed
includes the union members’ salaries plus benefits as prescribed in the collective bargaining
agreement with the union. The total unpaid cost of union-related activities for all Corrections
employees on full-time union leave—including the three union representatives in our report—for
the period from July 2005 through June 2010 was $4,414,666. In January 2010 the State formally
demanded that the union reimburse it for the compensation paid to employees who conducted
full-time union work.

8	

In January 2008 one of the three union representatives returned to his full-time assignment at a
correctional institution, thus ending his full-time union leave.

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Update of Previously Reported Issues

Department of Parks and Recreation
Case I2005-1035
On March 22, 2007, we reported that an employee with the
Department of Parks and Recreation (Parks and Recreation) had
repeatedly misused state resources and failed to adequately perform
his duties. Over a 13-month period, the employee made more
than 3,300 personal calls on his state-issued cellular telephone. In
addition, he made hundreds of calls to what appeared to be other
state employees’ cellular telephones when in fact the State had not
assigned these numbers to its employees. This discovery raised
questions about the assignment of the wireless phones, which was
part of the employee’s duties, as well as the appropriateness of the
employee’s calls.
At the time of our report, Parks and Recreation stated that it
had conducted a corrective interview with the employee and
submitted a draft departmental notice updating its policy for staff
use of personal communication devices. Parks and Recreation
subsequently reported that in order to ensure the segregation of the
procurement, billing, and inventory of its personal communication
devices, it had assigned three staff to perform the duties that the
employee had performed previously. Parks and Recreation also
stated that as of May 2010 it had submitted to its management a
draft employee handbook and a revised policy concerning the use
of personal communication devices.
Updated Information
In July 2010 Parks and Recreation issued the personal
communication device handbook and policy to its employees.
Department of Corrections and Rehabilitation
Case I2006-0826
On October 2, 2008, we reported that Corrections had
improperly paid nine office technicians a total of $16,530 from
January 1, 2005, through February 29, 2008, for supervising
inmates when the technicians had not met the necessary criteria
for this additional pay. Corrections had not maintained adequate
accounting and administrative controls that would have prevented
improper payments.
In response to our investigation, Corrections reported in April 2009
that it had drafted procedures detailing the proper methods for
monitoring and requesting inmate supervision pay. It also stated
that it intended to establish accounts receivable for $11,210 of the

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Update of Previously Reported Issues

$16,530 we identified in our investigation as being improperly paid.9
In May 2009 Corrections suspended its overpayment recovery
efforts because a number of employees had filed grievances
and the Department of Personnel Administration (Personnel
Administration) had indicated that it would issue a ruling regarding
the employees’ contract provisions regarding inmate supervision.
When Personnel Administration issued its ruling in October 2009,
Corrections established a task force to review the findings. In
February 2010 Corrections reported that it was reviewing Personnel
Administration’s findings and that it had collected just $2,090 of the
improper payment as of that date.
Corrections reported that in May 2010 it issued a departmentwide
operational procedure that clarified and defined the criteria
for receiving inmate supervision pay, identified documentation
and training needs, and established an internal audit process.
Corrections further informed us that it had decided not to pursue
collection efforts against the employees whom we had identified
as receiving improper payments. It explained that it did not
believe it would prevail in an arbitration hearing, since it had
not established a formal operating procedure at the time of our
investigation and it lacked documentation to demonstrate that the
payments were improper.
Updated Information
Corrections reported that in June 2010 it conducted training with
its personnel officers and staff regarding its new departmentwide
procedure. In November 2010 it stated that it was developing an
internal audit process to examine compliance with the operating
procedure and that it anticipated scheduling its first annual audit
between July and September 2011.
Department of Fish and Game, Office of Spill Prevention
and Response
Case I2006‑1125
On April 28, 2009, we reported that Official A, formerly a high‑level
official with the Office of Spill Prevention and Response (spill office)
of the Department of Fish and Game (Fish and Game), had received
reimbursements to which she was not entitled for commute
expenses between her official headquarters in Sacramento and
her Southern California residence. Despite lacking the necessary
9	

Corrections determined that it could not recover the remaining $5,320 for a variety of reasons,
including the fact that some of the payments had occurred more than three years before it
initiated recovery efforts.

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Update of Previously Reported Issues

authority, former officials for the spill office permitted Official A to
identify her home as her headquarters and to claim expenses when
traveling to Sacramento. Fish and Game allowed her to use state
vehicles or state-funded flights for commutes between her Southern
California home and her Sacramento headquarters, and to claim
lodging and per diem expenses when she stayed in Sacramento.
In addition, Fish and Game violated state travel regulations by
reimbursing Official A for lodging and meal expenses incurred near
her Sacramento headquarters and her residence. In total, Fish and
Game improperly reimbursed Official A $71,747 from October 2003
through March 2008.
At the time of our report, we recommended that Fish and Game
either seek to recover the amount it had reimbursed Official A
for her improper travel expenses or explain and document its
reasons for not seeking recovery. In addition, we made several
recommendations for Fish and Game to improve its accounting
office’s review process for travel claims.
Fish and Game notified us subsequently that it had completed
a review of Official A’s expenses but stated that it had yet to
determine if it would seek to recover reimbursement from
Official A for the improper commute and travel expenses. In
addition, Fish and Game reported that it had instructed its
accounting staff and supervisors to identify and resolve concerns
related to discrepancies in travel expense claims. In January 2010
Fish and Game informed us that it had updated its employee
training to ensure that employees identify the addresses of their
headquarters and the purposes of their trips on travel expense
claims. However, in our June 2010 report we expressed serious
concerns about the lack of oversight in Fish and Game’s process for
determining the headquarters designations for its employees.
Updated Information
In November 2010 Fish and Game reported that it would
not seek to recover reimbursement from Official A for her
improper commute and travel expenses, because former Fish
and Game officials had informed her that she would receive
such reimbursements and had honored these “agreements”
throughout her employment with the spill office. However, Fish
and Game stated that it has since directed staff to implement more
effective internal controls to ensure that any assignment of an
employee’s home as his or her headquarters is based on established
criteria and approved by a Fish and Game deputy director or
higher-level official.

Fish and Game will not seek
reimbursement from Official A
for her $71,747 in improper
expenses because former officials
had told her she could receive
the reimbursements.

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In addition, Fish and Game reported that it had provided ongoing
training to accounting staff to ensure that they use a checklist when
processing travel claims. The checklist requires staff to identify
the addresses of employees’ residences and headquarters. Fish and
Game stated that when an employee’s residence and headquarters
have the same address, the staff must ensure that the employee has
included a form with the travel claim that explains the criteria for
the headquarters designation and demonstrates that the designation
has been approved by executive management.
Finally, Fish and Game reported that by February 2011 it would
provide us with a list of employees whose headquarters differ from
their established positions, including those who identify their
residences as their headquarters.
Department of Corrections and Rehabilitation
Case I2009‑0702
On November 17, 2009, we reported that Corrections had overpaid
employees for inmate supervision from March 2008 through
February 2009 at five of six correctional facilities we visited. These
findings were similar to those of our October 2008 investigation,
which we discussed previously. The improper payments, which
23 of the 153 employees we examined received, totaled $34,512.
We identified these employees by sampling inmate supervision
payments at the facilities. Based on our sample, we estimated that
Corrections may have improperly paid as much as $588,376 to its
employees statewide during the 12-month period we reviewed.
These improper payments occurred because Corrections lacked
the controls necessary to ensure that its employees satisfied all
of the requirements for receiving the extra pay. We also found that,
except in a few instances, Corrections had not initiated collection
efforts to recover the improper payments it identified during its
follow-up to our previous investigation on this same issue.
We recommended that Corrections initiate accounts receivable
for the employees who received improper payments and begin
collection efforts for these accounts. In addition, we recommended
that Corrections require employees at all of its facilities to submit
copies of supervised inmates’ time sheets each month along with
their own so that personnel staff could verify the employees’
eligibility to receive the extra pay. We also recommended that
Corrections take steps to specifically define what constitutes
“regular” supervision of inmates. Finally, we recommended
that Corrections provide adequate training and instruction to

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Update of Previously Reported Issues

its personnel staff and to its employees who supervise inmates
regarding the requirements for receiving the payments and for
ensuring proper documentation.
At the time of our report, Corrections stated that we had applied
the requirements for receiving these payments too strictly,
basing its opinion on information it had received from Personnel
Administration. However, we concluded that much of the
information from Personnel Administration did not contradict
or affect our findings, and also disagreed with a Personnel
Administration opinion that inmates did not need to work the
required number of hours for the supervising employees to qualify
for the extra pay. Corrections stated that it had set up a task force
of key staff to fully review the information received from Personnel
Administration and to establish necessary guidelines and internal
controls. It informed us that it would recover the funds it had
improperly paid to its employees once the task force had completed
its assigned responsibilities.
Corrections reported that in May 2010 it issued a departmentwide
operational procedure that clarified and defined the criteria
for receiving inmate supervision pay, identified documentation
and training needs, and established an internal audit process.
Corrections further informed us that it had decided not to pursue
collection efforts against the employees whom we had identified
as receiving improper payments. It explained that it did not
believe it would prevail in an arbitration hearing since it had
not established a formal operating procedure at the time of our
investigation and it lacked documentation to demonstrate that the
payments were improper.
Updated Information
Corrections reported that in June 2010 it had conducted
training with its personnel officers and staff regarding its new
departmentwide procedure. In November 2010 it stated that it was
developing an internal audit process to examine compliance with
the operating procedure and that it anticipated scheduling its first
annual audit between July and September 2011.

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California State University, Office of the Chancellor
Case I2007‑1158
On December 2, 2009, we reported that the Office of the
Chancellor for the California State University (university) system
had improperly reimbursed a former official10 $152,441 from
July 2005 through July 2008 for unnecessary expenses that did
not reflect the best interests of the university or
the State. The text box explains these improper
reimbursements in detail. The former official’s
A Former University Official’s Improper
supervisor and the university failed to review the
Expense Reimbursements
official’s reimbursement claims sufficiently or to
•	 $39,135 in unnecessary travel costs that appeared to
follow long-established policies and procedures
offer the university few tangible benefits and that were
designed to ensure the accuracy and adequate
not in the State’s best interest.
control of expenses. In addition, the lack of
clarity in university policies regarding business
•	 $26,455 in reimbursements that exceeded the amounts
meals contributed to the waste of public funds,
allowed for the official to organize, host, and attend
as did the university’s failure to place limits on
business meals.
lodging expenses.
•	 $43,288 in commute expenses that violated
university policies.
•	 $17,053 for personal expenses that the official incurred
while purportedly conducting university business from
his home in Northern California.
•	 $24,676 related to monthly payments for long-term
living expenses the employee received for 33 months but
for which he did not qualify.
•	 $1,834 in duplicate reimbursements and overpayments
to the official.
Source:  Bureau of State Audits.

We recommended that the university take several
actions, including the following:
•	 Recover from the official the duplicate
payments and overpayments.
•	 Reexamine its review process for
preapproving and reimbursing high-level
university employees for their expenses.
•	 Terminate informal agreements that allow
university employees to work at locations
other than their headquarters.

•	 Establish maximum limits with regard to business meals and
specify when these policies apply.
•	 Establish maximum limits for lodging costs and create
controls that allow for exceptions to such limits only in
specific circumstances.
At the time of our report, the university agreed that it would seek
repayment from the official for any duplicate reimbursements or
overpayments and would reexamine its reimbursement procedures
for high-level employees. However, it did not agree that it would
terminate informal agreements regarding work locations, stating
10	

The official left the university in July 2008.

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Update of Previously Reported Issues

that it needed flexibility to recruit and retain highly skilled
employees. The university failed to indicate whether it would
specify in its policies monetary limits for business meals and
clarify when specific policies apply. Finally, the university stated
that establishing defined limits for reimbursing the costs of lodging
would be “impractical.” The university stated that instead it asked its
employees who travel frequently to “pay careful attention to lodging
choices” and requested that its managers “scrutinize travel claims
for wasteful expenditures.”
Subsequently, the university collected from the official $1,903—
consisting of $1,834 we identified and $69 the university identified
later—in duplicate payments and overpayments. In addition,
the university reported that it sent a memorandum to its vice
chancellors informing them that international travel must be
preapproved by the chancellor. However, the university took
no specific actions with regard to our other recommendations.
Thus, it did not terminate its informal agreements that allowed
employees to work at locations other than their headquarters,
it did not clarify its reimbursement policies for business meals,
and it did not establish limits on lodging costs. In fact, university
administrators informed us that the university does not need to
take further action on these recommendations.
Updated Information
In November 2010 the university reported that it needed to take
no further corrective action. This lack of corrective action will
allow it to engage in the activities we identified that are not in the
State’s best interest: to enter into informal agreements concerning
employee workplace locations that do not provide effective
safeguards for controlling university employees’ travel costs, to
retain reimbursement policies for business meals that fail to provide
sufficient clarity, and to place no limits on the lodging costs of its
employees even though these costs can be excessive.
Department of Justice
Case I2008‑0637
On June 29, 2010, we reported that a Department of Justice
(Justice) employee had failed to report 82 hours of leave she took
from February 2007 through March 2008 and that the employee’s
manager had not ensured that she reported her time accurately.
Consequently, Justice did not charge the employee’s leave balances
for these absences and instead paid her $2,605 for hours she did not
work. We recommended that Justice charge the employee’s leave

The university reported that
it will take no further action,
thus allowing it to engage in
activities that are not in the
State’s best interest.

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balances for the hours she did not work and that it provide training
to the manager and his staff regarding policies and procedures for
time reporting.
At the time of our report, Justice stated that the employee had
amended her time sheets to account for the 82 hours of leave and
that it had established an accounts receivable so the employee could
reimburse the State for the hours she did not work. In addition,
Justice reported that it planned to provide training to the manager
and his staff about time reporting and leave usage.
Updated Information
Justice reported that in July 2010 it conducted training for the
manager and his staff—including the employee—about its policies
and procedures for proper leave use and time reporting.
Department of Water Resources
Case I2008‑0644
On June 29, 2010, we reported that a supervisor with the
Department of Water Resources (Water Resources) had received
at least $1,840 in gifts from a vendor with which the supervisor
contracted during the course of his duties as a state employee and
under circumstances indicating that the gifts were a reward for his
doing business with the vendor. In addition, the Water Resources
field division office (division office) lacked sufficient administrative
controls to ensure that an appropriate separation of duties existed
to protect the integrity of its purchasing process. As a result, the
supervisor was able to enter into contracts with the vendor without
complying with state contracting rules.
We recommended that the Water Resources division office require
its purchasing staff to comply with state contracting rules and
to document the steps involved in their compliance. We also
recommended that the division office provide additional training to
its warehouse staff about their roles in ensuring that division office
staff follow the purchasing process.
At the time of our report, Water Resources informed us that it had
implemented practices to address concerns about its purchasing
process. It also reported that it was making changes to its
purchasing software to ensure an appropriate separation of duties.
Water Resources stated that it would reinforce with division staff
their responsibilities in the purchasing process and that it would
counsel the supervisor about his incompatible activities.

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January 2011
Update of Previously Reported Issues

Updated Information
Water Resources reported that it changed its purchasing software
in July 2010 to ensure segregation of duties among its employees.
That same month it provided a memorandum to management,
purchasing, and warehouse staff in the division office that identified
their responsibilities in the purchasing process, and it sent a
similar memorandum to its other employees throughout the State
who perform related tasks. Water Resources also provided the
supervisor with a corrective memorandum to counsel him about
his incompatible activities.
Department of Motor Vehicles
Case I2008‑0908
On June 29, 2010, we reported that the Department of Motor
Vehicles (Motor Vehicles) had allowed one of its employees to
perform duties outside his job classification and that consequently
the employee failed to perform his assigned responsibilities. We
recommended that Motor Vehicles monitor the employee’s work
to ensure that he was completing only those duties assigned to
his classification and that it distribute to its managerial staff a
memorandum reminding them that employees must perform only
work within their job classifications.
At the time of our report, Motor Vehicles stated that the
employee’s manager and supervisor were routinely monitoring
the employee to ensure that he was performing only the duties
assigned to his job classification. Motor Vehicles also informed
us that it would issue a memorandum first to managerial staff
in the employee’s division and then departmentwide reminding
staff to ensure that employees perform duties only within their
job classifications.
Updated Information
In July 2010 Motor Vehicles issued a memorandum to managerial
staff in the department reiterating the need to ensure that
employees perform duties only within their job classifications.

Water Resources reported that it
changed its purchasing software to
ensure segregation of duties among
its employees.

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Department of Corrections and Rehabilitation
Case I2008‑0920
On June 29, 2010, we reported that a supervisor at Corrections’
Herman G. Stark Correctional Facility (facility)11 had misused the
time of two psychiatric technicians by assigning them to perform
clerical and administrative duties rather than to provide direct care
to the facility’s patients. The supervisor’s misuse of the employees’
time resulted in a loss to the State of $110,797 for direct psychiatric
technician services not rendered. We recommended that
Corrections formally remind the supervisor of the duties delineated
by job classifications for employees that he oversees and that it
seek corrective action against the supervisor for his misuse of the
two employees’ time.
At the time of our report, Corrections reported that it would review
the allegations and, if warranted, take administrative steps that
might lead to disciplinary action. Corrections acknowledged that it
had disciplined the supervisor previously; however, it did not
specify the cause for discipline.
Updated Information
Corrections stated that it would
conduct periodic checks to ensure
staff are working on tasks within
their job classifications.

Corrections reported that in June 2010 it provided the clinical
administrator overseeing the supervisor with a directive to ensure
that all staff in medical classifications perform their assigned
duties. Corrections stated that rather than pursue disciplinary
action, it had verbally chastised the supervisor for his misuse of
the employees’ time. Further, Corrections stated that its juvenile
division management would conduct periodic checks to ensure that
staff are assigned to tasks within their job classifications.
Department of Industrial Relations
Case I2008‑1066
On June 29, 2010, we reported that an inspector for the Department
of Industrial Relations (Industrial Relations), Division of
Occupational Safety and Health (Cal/OSHA), had misused state
resources and improperly engaged in dual employment during
her state work hours. Because Cal/OSHA management failed to
implement controls that would have prevented the inappropriate
acts, it improperly paid her a total of $70,105.

11	

In February 2010 Corrections closed the facility, which served juveniles. The supervisor now works
at another Corrections location.

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January 2011
Update of Previously Reported Issues

We recommended that Industrial Relations take appropriate
corrective action against the inspector and her manager. We also
recommended that it evaluate controls designed to ensure that
inspectors work the required number of hours and implement
changes as necessary to protect against time and attendance abuse.
Finally, we recommended that Industrial Relations no longer
allow employees to work schedules in which they determine
their own hours and in which they track absences and make up
hours informally.
At the time of our report, Industrial Relations reported that it had
nearly completed its own investigation of the complaint. It stated
that the inspector had resigned from state service and that it was
reviewing its options for obtaining reimbursement from her. It
indicated that it had yet to decide whether it would take action
against any individuals involved in the supervision or management
of the inspector. It planned to retrain Cal/OSHA supervisors to
ensure that they understand and comply with the rules regarding
accurate reporting of time and attendance, and it had initiated a
comprehensive survey to determine whether the improper conduct
was an aberration among its employees.
Updated Information
Industrial Relations reported that in August 2010 it filed a
civil lawsuit against the former inspector in an effort to obtain
reimbursement from her and that in January 2011 it planned to
depose her. In addition, in October 2010 it formally reprimanded
the inspector’s direct supervisor. It further stated that in
October 2010 it provided training to Cal/OSHA supervisors
to ensure that they understood and complied with the policies
regarding accurate reporting of time and attendance. At this
training, it reiterated the need for proper controls to ensure that
employees do not determine their own work hours and make up
hours informally. Finally, Industrial Relations informed us that it
completed its survey and determined that the inspector’s improper
conduct was an aberration.
Department of Consumer Affairs, California Architects Board
Case I2008‑1100
On June 29, 2010, we reported that an employee with the California
Architects Board (Architects Board) had used fabricated invoices
to claim $392 for lodging and meal expenses she did not incur. In
addition, she violated state law by receiving substantial discounts
as gifts for personal stays from a hotel she frequently used for
state business. Because the Architects Board operates within

Industrial Relations filed a civil
lawsuit against the former
inspector to obtain reimbursement
from her.

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the Department of Consumer Affairs (Consumer Affairs), we
recommended that Consumer Affairs take appropriate disciplinary
steps to deal with the employee’s improper actions, require her
to repay the State for the expenses that she claimed but did not
incur, and reinforce to its staff the existing rules regarding fictitious
claims and incompatible activities.
At the time of our report, Consumer Affairs reported that the
Architects Board had conducted a preliminary investigation that
indicated the employee had fabricated the invoices in part because
of a hotel billing error that occurred when the hotel billed the
employee for two nights rather than the four that she had stayed
there. Consumer Affairs stated also that the Architects Board
was investigating whether it could reasonably substantiate that
the discounted hotel rate received by the employee for personal
stays was a gift intended to reward or influence the employee.
Lastly, Consumer Affairs reported that the Architects Board had
reinforced existing rules on fictitious claims and incompatible
activities by redistributing Consumer Affairs’ policies to its staff.

Updated Information
The Architects Board informed
the employee via counseling
memorandum that it will not
tolerate the re-creation or
fabrication of invoices in the future.

The Architects Board gave the employee a counseling
memorandum in August 2010. The memorandum included
a statement of the Architects Board’s position that it will not
tolerate the re-creation or fabrication of invoices in the future.
The memorandum also advised the employee to follow the
submittal requirements for travel expense claims, the travel rules
against filing fictitious claims, and the rules regarding incompatible
work activities.

California State Auditor Report I2010-2

January 2011
Update of Previously Reported Issues

We conducted this review under the authority vested in the California State Auditor by Section 8547
et seq. of the Government Code and pursuant to applicable investigative standards.
Respectfully submitted,

ELAINE M. HOWLE, CPA
State Auditor
Date:			

January 18, 2011

Investigative Staff:	
			
			
			
			
			
			

Russ Hayden, CGFM, Manager of Investigations
Siu‑Henh Canimo, CFE
Beka Clement, MPA
Lane Hendricks, CFE
Andrea Javist
Kerri Spano, CPA
Michael A. Urso, CFE

Legal Counsel:		
			

Steven Benito Russo, Chief of Investigations
Janis Burnett

For questions regarding the contents of this report, please contact
Margarita Fernández, Chief of Public Affairs, at (916) 445 0255.

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California State Auditor Report I2010-2

January 2011
Appendix

Appendix
THE INVESTIGATIONS PROGRAM
The California Whistleblower Protection Act (Whistleblower Act)
authorizes the Bureau of State Audits (bureau), headed by the
state auditor, to investigate allegations of improper governmental
activities by agencies and employees of the State. In section 8547.2
of the Government Code, the Whistleblower Act defines an
improper governmental activity as any action by a state agency or
employee during the performance of official duties that violates any
state or federal law or regulation; that is economically wasteful; or
that involves gross misconduct, incompetence, or inefficiency.
To enable state employees and the public to report suspected
improper governmental activities, the bureau maintains a toll-free
Whistleblower Hotline (hotline): (800) 952-5665 or (866) 293-8729
(TTY). The bureau also accepts reports of improper governmental
activities by mail and over the Internet at www.bsa.ca.gov.
The bureau has identified improper governmental activities totaling
$30.3 million since July 1993, when it reactivated the hotline. These
improper activities include theft of state property, conflicts of
interest, and personal use of state resources. The investigations have
also substantiated improper activities that cannot be quantified
in dollars but have had negative social impacts. Examples include
violations of fiduciary trust, failure to perform mandated duties,
and abuse of authority.
Although the bureau conducts investigations, it does not
have enforcement powers. When it substantiates an improper
governmental activity, the bureau reports confidentially the details
to the head of the state agency or to the appointing authority
responsible for taking corrective action. The Whistleblower Act
requires the agency or appointing authority to notify the bureau
of any corrective action taken, including disciplinary action, no
later than 60 days after transmittal of the confidential investigative
report and monthly thereafter until the corrective action concludes.
The Whistleblower Act authorizes the state auditor to report
publicly on substantiated allegations of improper governmental
activities as necessary to serve the State’s interests. The state
auditor may also report improper governmental activities to other
authorities, such as law enforcement agencies, when appropriate.

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Appendix

Corrective Actions Taken in Response to Investigations
The chapters of this report describe the corrective actions
that departments implemented on individual cases from
September 2005 through June 2010. Table A summarizes all of
the corrective actions that departments took between the time
that the bureau reactivated the hotline in 1993 until June 2010. The
table separately identifies the corrective actions that departments
have taken since July 2002, when the law changed to require all
state departments to notify their employees annually about the
bureau’s hotline. In addition to the corrective actions listed, our
investigations have resulted in many departments modifying
or reiterating their policies and procedures to prevent future
improper activities.
Table A
Corrective Actions
July 1993 Through June 2010

TYPE OF CORRECTIVE ACTION

NUMBER OF
INCIDENTS
JULY 1993 THROUGH
JUNE 2002

NUMBER OF
INCIDENTS
JULY 2002 THROUGH
JUNE 2010

TOTALS

Convictions

7

3

10

Demotions

8

10

18

Job terminations

46

33

79

Pay reductions

10

44

54

Referrals for criminal prosecution
Reprimands
Suspensions without pay
Totals

73

6

79

135

158

293

12

12

24

291

266

557

Source:  Bureau of State Audits.

New Cases Opened From January 2010 Through June 2010
The bureau receives allegations of improper governmental activities
in several ways. From January 1, 2010, through June 30, 2010,
the bureau received 2,444 calls or inquiries. Of these, 1,940 were
reported through the hotline, 279 through the mail, and
225 through the bureau’s Web site. In response to the 2,444 calls
or inquiries, the bureau opened 420 cases, as shown in Figure A.1.
The bureau determined that the remaining 2,024 allegations were
outside its jurisdiction and, when possible, referred these remaining
complaints to the appropriate federal, state, or local agencies.

California State Auditor Report I2010-2

January 2011
Appendix

Figure A.1
Disposition of 2,444 Allegations Received
January 2010 Through June 2010
Cases closed—9 (2%)
Allegations within the bureau’s
jurisdiction—420 (17%)

Cases referred to state agencies
for action—13 (3%)
Cases investigated by the bureau or
other state agency—37 (9%)

Cases opened
Cases pending assigment
or closures—361 (86%)
Allegations outside the bureau’s
jurisdiction—2,024 (83%)

Source:  Bureau of State Audits.

Work on Investigative Cases From January 2010 Through June 2010
In addition to the 420 new cases opened during this six‑month
period, the bureau reviewed or assigned 186 cases from
previous periods. The bureau also continued work on another
141 cases that were still under investigation by this office or other
state agencies or that required the completion of corrective
action. Consequently, the bureau provided some level of review to
747 cases during this time. After completing a preliminary review
process that includes analyzing evidence and calling witnesses,
the bureau determined that 143 of the 747 cases lacked sufficient
information for an investigation. Figure A.2 on the following page
shows the disposition of the 747 cases that the bureau worked on
from January 2010 through June 2010.
From January 1, 2010, through June 30, 2010, the bureau
independently investigated 33 cases, substantiating allegations for
three of the four investigations it completed during the period.
The results of the three investigations appear in this report. In
addition, the Whistleblower Act specifies that the state auditor
can request the assistance of any state entity in conducting an
investigation. After a state agency completes its investigation and
reports its results to the bureau, the bureau analyzes the agency’s
investigative report and supporting evidence and determines
whether it agrees with the agency’s conclusions or whether

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Appendix

additional work must take place. In the six-month period of
this report, the bureau conducted analyses of 97 cases that state
agencies investigated under its direction; it substantiated allegations
in six of the eight cases completed. The results of five of these
investigations appear in this report.12
Figure A.2
Disposition of 747 Cases Worked on
January 2010 Through June 2010
Referred to another state agency for action—6 (1%)
Independently investigated by
the bureau—33 (4%)
Investigated with assistance of another
state agency—97 (13%)

Closed—143 (19%)
Pending assignment
or closure—468 (63%)

Source:  Bureau of State Audits.

12	

The bureau concluded that the improper activities in one of the investigations did not rise to the
level of publicly reporting it.

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Index

Index
DEPARTMENT/AGENCY

CASE NUMBER

ALLEGATION

PAGE NUMBER

California Conservation Corps

I2008-1021

Failure to follow state contracting laws

15

California State University, Office of
the Chancellor

I2007-1158

Improper and wasteful expenditures

Consumer Affairs, Department of,
California Architects Board

I2008-1100

Fictitious claim, improper gifts, incompatible activities

Corrections and Rehabilitation, Department of

I2004-0649,
I2004-0681,
I2004-0789

Failure to account for employees’ use of union leave

Corrections and Rehabilitation, Department of

I2006-0826

Improper payments for inmate supervision

47

Corrections and Rehabilitation, Department of

I2007-0887

Improper overtime reporting

41

Corrections and Rehabilitation, Department of

I2008-0820

Misuse of state resources, failure to appropriately manage employees

19

Corrections and Rehabilitation, Department of

I2008-0920

Misuse of state employees’ time, waste of state funds

56

Corrections and Rehabilitation, Department of

I2009-0607

Delay in reassigning an incompetent psychiatrist, waste of state funds

7

Corrections and Rehabilitation, Department of

I2009-0702

Improper payments for inmate supervision

50

Fish and Game, Department of,
Office of Spill Prevention and Response

I2006-1125

Improper travel expenses

General Services, Department of

I2008-1024

Misuse of state resources

29

Industrial Relations, Department of

I2008-1066

Misuse of state time and resources, incompatible activities, inadequate
administrative controls

56

Justice, Department of

I2008-0637

Failure to report absences accurately, inadequate administrative controls

53

Motor Vehicles, Department of

I2008-0908

Failure to follow personnel rules

55

Motor Vehicles, Department of

I2009-0832

Theft of registration fees

37

Parks and Recreation, Department of

I2005-1035

Misuse of state resources, failure to perform duties adequately

47

Transportation, California Department of

I2008-1046

Failure to adhere to established work schedule, failure to monitor
employees’ attendance

33

Victim Compensation and Government
Claims Board

I2008-1229

Failure to protect the security of confidential documents

Water Resources, Department of

I2008-0644

Improper gifts

52
57
45

48

23
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