Section 6126.5 Of Chapter 8.2. Office Of The Inspector General From California Penal Code >> Title 7. >> Part 3. >> Chapter 8.2.
6126.5
. (a) Notwithstanding any other provision of law, the
Inspector General during regular business hours or at any other time
determined necessary by the Inspector General, shall have access to
and authority to examine and reproduce any and all books, accounts,
reports, vouchers, correspondence files, documents, and other
records, and to examine the bank accounts, money, or other property
of the Department of Corrections and Rehabilitation in connection
with duties authorized by this chapter. Any officer or employee of
any agency or entity having these records or property in his or her
possession or under his or her control shall permit access to, and
examination and reproduction thereof consistent with the provisions
of this section, upon the request of the Inspector General or his or
her authorized representative.
(b) In connection with duties authorized by this chapter, the
Inspector General or his or her authorized representative shall have
access to the records and property of any public or private entity or
person subject to review or regulation by the public agency or
public entity to the same extent that employees or officers of that
agency or public entity have access. No provision of law or any
memorandum of understanding or any other agreement entered into
between the employing entity and the employee or the employee's
representative providing for the confidentiality or privilege of any
records or property shall prevent disclosure pursuant to subdivision
(a). Access, examination, and reproduction consistent with the
provisions of this section shall not result in the waiver of any
confidentiality or privilege regarding any records or property.
(c) Any officer or person who fails or refuses to permit access,
examination, or reproduction, as required by this section, is guilty
of a misdemeanor.
(d) The Inspector General may require any employee of the
Department of Corrections and Rehabilitation to be interviewed on a
confidential basis. Any employee requested to be interviewed shall
comply and shall have time afforded by the appointing authority for
the purpose of an interview with the Inspector General or his or her
designee. The Inspector General shall have the discretion to redact
the name or other identifying information of any person interviewed
from any public report issued by the Inspector General, where
required by law or where the failure to redact the information may
hinder prosecution or an action in a criminal, civil, or
administrative proceeding, or where the Inspector General determines
that disclosure of the information is not in the interests of
justice. It is not the purpose of these communications to address
disciplinary action or grievance procedures that may routinely occur.
If it appears that the facts of the case could lead to punitive
action, the Inspector General shall be subject to Sections 3303,
3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of
Section 3309.5 of the Government Code as if the Inspector General
were the employer, except that the Inspector General shall not be
subject to the provisions of any memorandum of understanding or other
agreement entered into between the employing entity and the employee
or the employee's representative that is in conflict with, or adds
to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and
subdivisions (a) to (d), inclusive, of Section 3309.5 of the
Government Code.