Amended in Assembly April 23, 2015

Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 255

Introduced by Assembly Member Irwin

(Principal coauthor: Assembly Member Mathis)

(Coauthors: Assembly Members Brough and Brown)

February 9, 2015

An act to add and repeal Sections 73.5 and 73.6 begin delete to end delete begin insert of end insert the Military and Veterans Code, relating to veterans.

LEGISLATIVE COUNSEL’S DIGEST

AB 255, as amended, Irwin. Veterans: Inspector General for Veterans Affairs.

Existing law establishes the Department of Veterans Affairs and designates the Secretary of Veterans Affairs as the chief administrative officer of the department. Existing law also establishes the California Veterans Board, and requires the board to advise the department and secretary on policies for operations of the department. Existing law provides for veterans programs, including the veterans farm and home purchase programs, and provides for veterans homes.

This bill would create the office of begin delete Inspector General end delete begin insert Internal Audits end insert for Veterans Affairs, begin delete who end delete begin insert the chief auditor of which end insert would be subject to the direction of the begin delete Governor, end delete begin insert secretary end insert within the department. The bill would require the begin delete inspector general end delete begin insert chief auditor end insert to be appointed by the Governor, subject to Senate confirmation. The begin delete inspector general end delete begin insert chief auditor end insert would be responsible for reviewing begin insert and investigating, at the request of the secretary or other members of senior management of the department, end insert the operations and financial condition of each California veterans home, each veterans farm and home purchase program, and begin delete all end delete other begin delete veterans end delete begin insert department end insert programs begin delete supported by the state. end delete begin insert and functions. end insert Beginning January 1, 2017, and each year begin delete after, end delete begin insert thereafter, end insert the bill would require the begin delete inspector general end delete begin insert chief auditor end insert to submit a begin insert summary end insert report to the board and the begin insert appropriate committees of the end insert Legislature begin delete and make any end delete begin insert providing information about the office’s activities and end insert recommendations begin delete he or she deems necessary for improving the operations of the veterans programs. end delete begin insert that lead to departmental efficiencies and improvements. end insert

The bill would authorize the begin delete inspector general end delete begin insert chief auditor end insert to receive communications from any individual who believes he or she may have information that warrants a review or investigation of a veterans program. begin delete The bill would authorize, and in some instances require, the inspector general to conduct a review or investigation. end delete The bill would begin delete also require the establishment of end delete begin insert require the chief auditor to establish end insert a toll-free telephone number to report alleged wrongdoing regarding veterans programs.

The bill would repeal the provisions described above on January 1, 2020.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 73.5 is added to the Military and Veterans
Code, to read:

73.5.  

(a) (1) There is hereby created the office of begin delete Inspector
General end delete begin insert Internal Audits end insert for Veterans Affairs within the department.

(2) The begin delete inspector general end delete begin insert chief auditor end insert shall be appointed by
the Governor, subject to Senate confirmation.

(3)  begin delete (A) end delete begin delete   end delete begin delete The inspector general end delete begin insert The chief auditor end insert shall be subject
to the direction of the begin delete Governor. end delete begin insert secretary. end insert

begin delete

(B) The inspector general shall provide ongoing and independent
advice to the board regarding any issue that is being considered
by the board.

end delete begin delete

(b) The inspector general shall be responsible for all of the
following:

end delete begin insert

(b) The chief auditor shall conduct reviews and investigations
at the request of the secretary or other members of senior
management of the department with the intent of increasing
efficiencies, improving operations, and reducing fraud, waste, and
abuse. The chief auditor’s work shall include, but not be limited
to, both of the following:

end insert

(1) Reviewing the operations and financial condition of each
California veterans home and veterans farm and home purchase
begin delete program. For the purposes of reviewing the operations of each
veterans home, the Veterans Home Allied Council and home
residents shall have unfettered access to the inspector general. end delete
begin insert program, and other department programs and functions. end insert

begin delete

(2) Reviewing the operation and financial condition of all other
veterans programs supported by the state, including, but not limited
to, county veterans service offices and veterans memorials.

end delete begin delete

(3)

end delete

begin insert (2) end insert  Investigating begin delete any end delete allegations of department employee
misconduct and reporting any findings of misconduct directly to
the secretary, for further action that the secretary may deem
necessary.

begin delete

(c) (1) The inspector general shall conduct a review or
investigation, as specified in subdivision (b), if requested to do so
by the Governor, any member of the board, or the secretary. In
addition, the inspector general may conduct a review or
investigation, as specified in subdivision (b), as he or she deems
necessary or if requested by any Member of the Legislature or any
member of the public.

(2) Whenever the inspector general conducts a review or
investigation pursuant to a request of any Member of the
Legislature, the inspector general shall submit a report of his or
her findings to that member.

end delete begin insert

(c) To ensure the independence of the audit function, the
department and chief auditor are subject to the requirements set
forth in subdivision (a) of Section 13887 of, and Sections 13887.5
and 13888 of, the Government Code.

end insert

(d)  begin delete (1) end delete begin delete   end delete Beginning January 1, 2017, and each year begin delete after, the
inspector general end delete begin insert thereafter, the chief auditor end insert shall submit a
begin insert summary end insert report to the board and the begin insert appropriate end insert begin insert committees of
the end insert Legislature begin delete and make any recommendations he or she deems
necessary for improving the operations of the veterans programs. end delete
begin insert providing information about the office’s activities and identifying
recommendations that lead to departmental efficiencies and
improvements. end insert

begin delete

(2) A report submitted to the Legislature pursuant to paragraph
(1) shall comply with Section 9795 of the Government Code.

end delete

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

SEC. 2.  

Section 73.6 is added to the Military and Veterans
Code, to read:

73.6.  

(a) The begin delete inspector general end delete begin insert chief auditor end insert may receive
communications from any individual, including, but not limited
to, a participant in a farm and home purchase program or a resident
of a California veterans home, who believes he or she may have
information that warrants a review or investigation of a begin insert department end insert
veterans begin delete program that is supported by the state. The end delete begin insert program. If
requested, the end insert identity of the person providing the information
shall be held as confidential by the begin delete inspector general end delete begin insert chief auditor end insert
and may be disclosed only to the begin delete Governor, any member of the
board, any Member of the Legislature, or the secretary, as the
inspector general deems appropriate and in the furtherance of his
or her duties. end delete begin insert secretary or senior management of the department
when necessary to resolve the complaint. end insert

(b)  begin delete In order to properly respond to any allegation, the inspector
general end delete begin insert To enhance accountability, the chief auditor end insert shall establish
a toll-free public telephone number for the purpose of identifying
any alleged wrongdoing regarding begin delete veterans end delete begin insert the department or its end insert
programs. This telephone number shall be posted at every
California veterans home and throughout all department and county
veterans service offices, in clear view of all veterans home
residents, employees, and the public. In addition, the telephone
number shall be issued to every participant of a home purchase
program. When deemed appropriate by the begin delete inspector general, end delete begin insert chief
auditor, end insert he or she shall initiate a review or investigation of any
alleged wrongdoing. begin delete However, any request to conduct an
investigation shall be in writing. end delete The request shall be confidential
and is not subject to disclosure under the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).

(c) The identity of the person providing the information that
initiated the review or investigation shall not be disclosed without
that person’s written permission, except begin insert in response to a court
order or end insert to a law enforcement agency in the furtherance of its
duties.

(d) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

SEC. 3.  

The Legislature finds and declares that Section 2 of
this act, which adds Section 73.6 of the Military and Veterans
Code, imposes a limitation on the public’s right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:

In order to protect the privacy of persons who provide
information of alleged wrongdoing by or complaints against
veterans programs to the begin delete Inspector General end delete begin insert Chief Auditor end insert for
Veterans Affairs, the limitations on the public’s right of access
imposed by Section 2 of this act are necessary.