“On Dec. 2, 2021, in our response regarding the Office of the Inspector General’s Sentinel Report 21-02, we stated that the OIG elected to not follow ‘its own policy and established protocols’ for further executive review of the case. However, this policy is a CDCR policy and not an OIG policy. There is no requirement to invoke executive review, although it is a valuable tool to resolve some issues.
“The policy for executive review is CDCR’s policy, and stipulates various parties can request an executive review when significant disagreements arise. The policy and the process for requesting executive review is outlined in the Department’s Operations Manual, Article 22. The process of requesting executive review reads as follows:
DOM 33030.14 Executive Review
The purpose of Executive Review is to resolve significant disagreements between stakeholders about investigative findings, imposition of a penalty, or settlement agreements. Executive Review may be requested by the Hiring Authority, Vertical Advocate, AGC, SAIG, or CAIG and may be in person or via teleconference. Participants shall include, but are not limited to the following: the Hiring Authority; the Hiring Authority’s supervisor, or designee; the AGC, or designee; and the CAIG, or designee. In all cases, Executive Review shall be concluded prior to the statute of limitations expiration date. When Executive Review is initiated, completion of the CDCR Forms 402 or 403, service of the Final Notice of Adverse Action or Skelly Letter, and/or approval of the settlement agreement shall be delayed until the Executive Review is concluded and a determination has been made regarding investigative findings, imposition of a penalty, or details of the settlement agreement. If Executive Review is requested, the Hiring Authority shall immediately forward the CDCR Forms 402 and 403 (as applicable), the investigative report (if an investigation was conducted), and the proposed settlement agreement (if applicable) to his/her supervisor; the AGC; and the CAIG. The Hiring Authority’s supervisor, or designee, shall schedule the Executive Review and shall notify the appropriate Chief Deputy Secretary, as necessary, following each Executive Review and provide all requested information. If a decision cannot be reached through Executive Review, the Hiring Authority’s supervisor shall immediately elevate the matter to the appropriate Chief Deputy Secretary or higher for resolution.
“CDCR feels that it important that we clarify this issue. We will continue to work with the OIG on this important work.”
AGC—Assistant General Counsel
SAIG—Senior and Special Assistant Inspectors General
CAIG—Chief Assistant Inspector General