Cal. Code Regs. Tit. 2, § 61318 - Qualifications

The DOJ shall retain independent investigators who possess all of the following qualifications:

(a)

(1) Proficiency in conducting confidential workplace investigations relating to IGAs.

(2) Experience investigating matters where the applicable criteria included the California Civil Service Rules, State Personnel Board precedential decisions, and relevant state and federal employment laws.

(3) Knowledge about the Act and its application.

(b) Is outside of, and independent from, the State Auditor's Office and independent of the executive branch and legislative control in all of the following ways:

(1) Has not during the preceding 10 years been employed by or contracted with the executive, legislative, or judicial branch of the state government. For purposes of this section, "contracted with" means a contract to perform any service other than conducting independent workplace investigations.

(2) Has not during the preceding 10 years been employed by any entity the State Auditor's Office has audited or could audit.

(3) Has never been employed by the State Auditor's Office, including but not limited to temporary workers, retired annuitants, exempt employees, and those appointed to career executive assignment positions.

(4) Has never been an applicant for employment with the State Auditor's Office.

(5) Has never been a contractor, or an independent contractor, or employee of a contractor who has performed work for or on behalf of the State Auditor's Office.

(c) An independent investigator retained pursuant to Government Code section 8547.5 by the DOJ is deemed a consultant for the purposes of California Code of Regulations, title 2, section 18700.3 and shall file a statement of economic interests with the DOJ according to applicable law.

(d) An independent investigator retained by the DOJ shall maintain an errors and omissions insurance policy in the amount of at least one million dollars ($1,000,000).

Notes

Cal. Code Regs. Tit. 2, § 61318

1. New section filed 8-30-2019; operative 10-1-2019 pursuant to Government Code section 11343.4(a). Submitted to OAL for filing and printing only and not subject to OAL review pursuant to Government Code section 8546(g) (Register 2019, No. 35).

Note: Authority cited: Section 8546, Government Code. Reference: Section 8547.5, Government Code.

1. New section filed 8-30-2019; operative 10/1/2019 pursuant to Government Code section 11343.4(a). Submitted to OAL for filing and printing only and not subject to OAL review pursuant to Government Code section 8546(g) (Register 2019, No. 35).