Chapter 1 – General Administration

The General Counsel of the Office of Legal Affairs (OLAOffice of Legal Affairs) reports to the Secretary of CDCRCalifornia Department of Corrections and Rehabilitation. The primary functions of the OLAOffice of Legal Affairs are managing all litigation involving the Department; providing legal advice to the Secretary and the staff of the Department; and representing the Department in administrative proceedings. Among the services provided by OLAOffice of Legal Affairs are the following:

• Advice on legal matters related to business operations and administrative functions, including contracts, transactions and disputes involving vendor goods and services contracts, environmental issues, and construction related matters.

• Assessment of requests of records pursuant to federal and state law, such as the Public Records Act

• Advice to hiring authorities and the Office of Internal Affairs regarding the investigation and prosecution of those CDCRCalifornia Department of Corrections and Rehabilitation employees who have committed crimes or misconduct as specified in Government Code Section 19572 and representation of CDCRCalifornia Department of Corrections and Rehabilitation in administrative hearings on these matters.

• Advice on U.S.United States Equal Employment Opportunity Commission (EEOCU.S. Equal Employment Opportunity Commission) and California Civil Rights Department (CRD) mediations and related proceedings, which may include representing CDCRCalifornia Department of Corrections and Rehabilitation in EEOCU.S. Equal Employment Opportunity Commission or CRD investigative interviews or depositions, on-site investigations, fact-finding conferences, or conciliation conferences.

• Advice on incarcerated persons, and parolee health care issues, including representation of CDCRCalifornia Department of Corrections and Rehabilitation in involuntary psychiatric medication administrative hearings.

• Oversight of the management of class action litigation against CDCRCalifornia Department of Corrections and Rehabilitation.

• Oversight of litigation against CDCRCalifornia Department of Corrections and Rehabilitation, including lawsuits seeking monetary damages filed by incarcerated persons, parolees, employees, and external plaintiffs, writs of habeas corpus, and writs of mandate.

• Advice on a broad spectrum of issues that pertain to incarcerated persons and parolees, including conditions of confinement, regulations, policies, and legislative analysis.

• Advice on general personnel matters, including labor issues, equal employment opportunity claims, employee requests for reasonable accommodations, and Department of Industrial Relations, Division of Occupational Safety and Health  (DOSH/CalOSHA) matters.

• Training, support, legal research and analysis, case management, and settlement authority in workers’ compensation cases of CDCRCalifornia Department of Corrections and Rehabilitation employees.

• Advice to proactively identify and address areas where CDCRCalifornia Department of Corrections and Rehabilitation may be vulnerable to risk of litigation, or can best mitigate such exposure with early intervention.

• Oversight of Victim Compensation and Government Claims Board (VCGCBVictim Compensation and Government Claims Board (formerly Board of Control)) claims filed against CDCRCalifornia Department of Corrections and Rehabilitation or its employees, including coordination with institution or program staff to develop recommendations to pay or reject claims, staff training on VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) processes, and representation of CDCRCalifornia Department of Corrections and Rehabilitation at VCGCBVictim Compensation and Government Claims Board (formerly Board of Control) hearings.

High level CDCRCalifornia Department of Corrections and Rehabilitation staff may request assistance with legal matters by sending an email outlining the issue about which they need assistance to Legal.Assistance@cdcr.ca.gov. These high level staff are Executive Staff and their designees, headquarters staff at the level of Chief of a unit and above, Parole Regional Administrators, Wardens, Division of Juvenile Justice Superintendents, and all Litigation Coordinators.

The General Counsel or designee is responsible for ensuring that the contents of this Article are kept current and accurate.

CCRCalifornia Code of Regulations 15 (3)