Assistant Inspector General Series

California State Personnel Board Specification

Series established January 9, 2007

Scope

This series specification describes three classifications used by the Office of the Inspector General to ensure that internal affairs investigations and disciplinary processes conducted by the California Department of Corrections and Rehabilitation (CDCR) are thorough, professional, and timely. Incumbents in these classes monitor and assess the investigation of employee misconduct within the CDCR and advise the Inspector General, Governor, Legislature, Federal Courts, and the public on the adequacy of internal affairs investigations, reform efforts, and the results of all special investigations. Assistant Inspectors General are active members of the California State Bar.

Definition of Series

The concept of the classes within this series is to monitor the internal affairs investigations conducted by CDCR and report whether they are conducted thoroughly, professionally and timely, and that a legal point of view is included whenever CDCR undertakes an investigation, prepares to take an adverse action against an employee, prepares to take criminal action against an employee or inmate, and that investigative and legal activities are conducted in a manner which will ensure that all rights and due process are made available to all included within the scope of the investigation.

Incumbents monitor and assess the conduct of investigations by the CDCR related to employee misconduct, prosecution, and subsequent employee discipline, determining whether investigations are completed in a fair, just, thorough, and professional manner. Incumbents monitor and report on the progress of internal affairs investigations of CDCR employees; consult with CDCR special agents regarding the progress of active investigations; assess whether CDCR employees have accurately determined the correct statute of limitations for all monitored cases; confer with CDCR special agents regarding investigative strategies; complete case monitoring reports, special reports, letters, or other written communications regarding ongoing monitoring of cases; input data into an electronic case monitoring system; identify potential legal issues, and/or concerns regarding cases; read and analyze reports of complaints or employee misconduct; prepare written comments to be incorporated into semi-annual reports on the progress of internal affairs matters within CDCR; prepare an accurate synopsis of each case and provide an assessment as to the quality of the investigation, the appropriateness of any discipline, the quality of the legal representation during the investigation, and the degree to which the hiring authority agreed with the recommendations made; schedule progress meetings with CDCR special agents and other supervisorial staff; discuss evidence and proposed discipline against charged employees with CDCR vertical advocates and hiring authorities; evaluate reports of employee misconduct for presence of factors that indicate real time monitoring is appropriate; liaison with a variety of CDCR staff, outside law enforcement agencies, and criminal prosecutors; review reports of incidents that have occurred within CDCR; respond to monitor critical incidents; read and analyze reports of investigations conducted by a variety of investigative entities, including outside 1aw enforcement agencies; conduct special reviews relating to critical incidents or important situations as directed; determine whether written allegations against employees accurately reflect the employee’s misconduct and provide recommendations if the written allegations are not accurate; respond to scenes of critical incidents involving CDCR employees to monitor and report on the CDCR response; meet and consult with the hiring authority to discuss investigation and potential settlement of cases; assess the legal representation provided by the CDCR vertical advocate regarding legal advice to the hiring authority concerning proposed discipline; read and analyze daily advance sheets; assist in identifying potential witnesses and evidence; meet with CDCR vertical advocate regarding progress of investigations; draft reports relating to special reviews; attend and observe subject/witness interviews; attend, observe, and assess Skelly hearings, provide input regarding Skelly recommendations, observe, and assess; consult with local prosecutors regarding criminal investigations; observe disciplinary proceedings before the State Personnel Board and assess the legal representation provided by the CDCR vertical advocate at the settlement conference, evidentiary hearing, and any other subsequent appeal; attend prosecution hearings in Superior Court; and perform other related duties.

Incumbents monitor and assess CDCR internal investigators in the conduct of on-site, real-time responses to complaints or critical incidents at institutions harboring dangerous criminal populations. Assistant Inspectors General monitor peace officers and are required to review and help develop investigative strategies; are present during interviews of inmates and parolees who may be mentally unstable or have a history of acting in a dangerous manner toward institutional personnel; work with and create sensitive and confidential law enforcement and intelligence information and reports; be present during interviews of correctional officers in relation to incidents under investigation; accompany and monitor investigative services officers when processing criminal evidence, conducting criminal interviews, and processing gruesome crime scenes; work with Federal, State, and local law enforcement officers; perform duties within assigned correctional institutions; monitor the presentation of criminal cases to district attorneys for filing; respond at all hours to critical incidents at institutions, including responding to riots, shootings, stabbings, and hostage situations; respond to emergency situations at institutions in an expedited manner; perform duties with daily exposure to potential physical harm while working at prisons with peace officers (e.g., gassing, assault, etc.); wear triple-threat body armor inside and outside of the institutions for personal protection; assess the drafting and presentation of criminal warrants to judges; view crime scenes and confer with CDCR and outside law enforcement agencies regarding deadly force reviews; and testify in criminal court regarding observations at crime scenes.

Definition of Levels

Special Assistant Inspector General

Under general direction, incumbents perform a full range of independent monitoring activities related to investigations conducted by the CDCR. Incumbents monitor investigations of CDCR activities and staff members and provide technical assistance to the hiring authority and law enforcement agencies in the conduct of investigations, prosecutions, and disciplinary proceedings; conduct authorized reviews of CDCR policies, practices, and procedures; prepare reports; and conduct special studies as requested. In the conduct of these duties, incumbents interpret and apply laws, court decisions, and other legal authorities; monitor the preparation of and prepare case memoranda, digests, summaries, and reports; monitor the seizure and eva1uation of evidence; attend witness interviews; perform lega1 research; discuss with CDCR management and investigative and legal staff lega1 issues arising from internal affairs investigations, and the legal effects of rules, regulations, proposed legislation, statutory 1aw, court decisions, and administrative actions; monitor, assess, and offer recommendations in settlement conferences; and evaluate the weight of evidence.

Senior Assistant Inspector General

Under general direction, in addition to the duties performed by the Special Assistant Inspector General, incumbents function as regional office or headquarters supervisors/managers and monitor and assess the most complex or sensitive CDCR employee misconduct investigations. Incumbents review, evaluate, and assign all incoming internal affairs investigations for monitoring to agency staff; confer with CDCR special agents regarding investigation plans, strategies, and progress of cases being monitored; confer with legal staff, the hiring authority, and employee relations officers regarding administrative discipline cases being monitored; assign specific job tasks, monitor workload, and evaluate staff performance; coordinate and consult with regional senior deputy inspectors general to ensure that regional tasking is effectively and efficiently accomplished; take or effectively recommend corrective and disciplinary action of subordinates; remain on call for immediate response for any major incident to provide on-site observation and consu1tation; assess whether CDCR employees have accurately determined the correct statute of limitations for all cases; supervise authorized reviews of CDCR policies, practices, and procedures; oversee and review all regional OIG administrative functions, including, but not limited to, the purchase of equipment and supplies, facilities management, mileage and expense claims, and timesheets; assist in the preparation of semiannual and annual agency reports; provide legal advice and assistance to the Inspector General; research legal issues; conduct staff meetings; function as liaison with local district attorney’s offices to assist and facilitate the filing of criminal cases arising from incidents or investigations; and act as liaison with outside agencies connected to inmate rights groups, citizens advisory committees, and others with interest in the investigations.

Chief Assistant Inspector General

Under administrative direction, the incumbent functions as the Operations Chief and is responsible for all administrative, technical, and policy-making directives for the North, Central, and South Operations regional offices. The incumbent establishes program strategies and initiatives; manages the investigative program components; and advises the Inspector General, Governor, Legislature, the Federal Court, and the public regarding internal affairs investigations, reform efforts, and results.

Minimum Qualifications

All Levels:

All applicants must possess active membership in the California State Bar in order to be considered eligible for appointment.

Special Assistant Inspector General

Either I

Two years of experience in the California state service performing duties comparable in level to those of a Staff Counsel III (Specialist) or (Supervisor). (Applicants who have completed one year and six months of the required experience comparable to one of the Staff Counsel III classes wil1 be admitted to the examination, but must complete two years of such experience before they will be considered eligible for appointment.)

Or II

Broad and extensive experience (eight or more years acquired after admission to the Bar) in the practice of law, at least two years of which must have been performing duties equivalent in level of responsibility to that of a Staff Counsel III (Specialist) or (Supervisor) in the California state service. (Applicants who have completed seven years and six months of the required experience will be admitted to the examination, but must complete eight years of such experience before they will be considered eligible for appointment.)

Senior Assistant Inspector General

Either I

Two years of experience in the California state service performing the duties of a Special Assistant Inspector General. (Applicants who have completed one year and six months of the required experience will be admitted to the examination, but must complete two years of such experience before they will be considered eligible for appointment.)

Or II

Four years of experience in the California state service performing duties comparable in level of responsibility to that of a Staff Counsel III (Specialist) or (Supervisor). (Applicants who have completed three years and six months of the required experience comparable to one of the Staff Counsel III classes will be admitted to the examination, but must complete four years of such experience before they will be considered eligible for appointment.)

Or III

Broad and extensive experience (ten or more years acquired after admission to the Bar) in the practice of law, at least four years of which must have been performing duties equivalent in level of responsibility to that of a Staff Counsel III (Specialist) or (Supervisor) in the California state service. (Applicants who have completed nine years and six months of the required experience will be admitted to the examination, but must complete ten years of such experience before they will be considered eligible for appointment.)

Chief Assistant Inspector General

Broad and extensive experience (ten or more years acquired after admission to the Bar) in the practice of law, at least four years of which must have been performing duties in a supervisory position equivalent in level of responsibility to that of a Staff Counsel III (Supervisor) in the California state service. (Applicants who have completed nine years and six months of the required experience will be admitted to the examination, but must complete ten years of such experience before they wi11 be considered eligible for appointment.)

Knowledge and Abilities

All Levels:

Knowledge of: Rules of evidence; constitutional rights related to laws of arrest, search and seizure, and service of legal process; investigative strategies and techniques, including use of warrants, interrogations, surveillance, evidence preservations and gathering, crime scene processing, forensics, and interviewing; internal investigations, including administrative and criminal investigations; Public Safety Officers Procedural Bill of Rights Act; public employment law; computer programs and software related to word processing, database management, and email communications; interrogation laws and techniques; crimina1 law and procedures; peace officer training and techniques; legal use of force; organizational structure and functions within CDCR; State and Federal civil rights laws and due process; use of administrative and prosecutorial immunity; and the organizational structure and functions of the California State Government.

Ability to: Maintain confidentiality of official matters and preserve protected legal relationships and privileges; consider the facts of a case in a fair and unbiased manner; communicate effectively with a variety of persons contacted in the course of the work; conduct and review complex and sensitive investigations, both criminal and administrative; demonstrate initiative; develop cooperative working relationships with correctional employees, union representatives, employee relations officers, prison administration, vertical advocates, and investigators; prepare reports in a clear and concise manner; work independently; evaluate evidence; persuasively articulate arguments and/or conclusions based on sound logic and relevant facts; manage an extensive workload; critical1y analyze complex regulations and policies; work with a sma1l team of special assistant inspectors general and deputy inspectors general with differing backgrounds and expertise; and maintain management systems to ensure the quality and timeliness of work operations.

Senior Assistant Inspector General

Chief Assistant Inspector General

Knowledge of: In addition to the above, time management techniques; advocacy ski11s, personnel management, and supervision techniques; a supervisor’s or manager’s responsibility for promoting equal opportunity in hiring and employee development and promotion, and for maintaining a work environment that is free from discrimination and harassment; program development and evaluation; principles, practices, and trends in public administration; and principles and practices of policy formu1ation and development.

Ability to: In addition to the above, exercise mature judgment; demonstrate leadership; build consensus; evaluate work products and staff performance; employ strong management skills to ensure the successful implementation of the Agency’s mission; recommend and implement steps for change; and effectively promote equal opportunity and maintain a work environment that is free of discrimination and harassment.

Special Personal Characteristics

All Levels:

All positions require incumbents to travel long distances by vehicle or by air; to remain away from home for extended periods of time; to work within a penal institution setting; to work long hours outside of the normal business day; and to remain on-call for 24-hour periods, including on weekends.

Background Investigation

Persons shall be required to undergo a background investigation prior to appointment. Persons who have previously undergone an Office of the Inspector General background investigation may be required to undergo an additional background investigation.

Training Requirements

Under provisions of Penal Code Section 832.11, successful completion of a training course in laws of arrest and search and seizure may be a requirement for permanent status in these classifications.

Class History