6126.6
. (a) Prior to filling a vacancy for warden by appointment
pursuant to Section 6050, or superintendent pursuant to Section 1049
of the Welfare and Institutions Code, the Governor shall first submit
to the Inspector General the names of candidates for the position of
warden or superintendent for review of their qualifications.
(b) (1) Upon receipt of the names of those candidates and their
completed personal data questionnaires, the Inspector General shall
employ appropriate confidential procedures to evaluate and determine
the qualifications of each candidate with regard to his or her
ability to discharge the duties of the office to which the
appointment or nomination is made.
(2) Within 90 days of submission by the Governor of those names,
the Inspector General shall advise in confidence to the Governor his
or her recommendation whether the candidate is exceptionally
well-qualified, well-qualified, qualified, or not qualified and the
reasons therefore, and may report, in confidence, any other
information that the Inspector General deems pertinent to the
qualifications of the candidate.
(c) In reviewing the qualifications of a candidate for the
position of warden or superintendent, the Inspector General shall
consider, among other appropriate factors, his or her experience in
effectively managing correctional facilities and inmate or ward
populations; ability to deal effectively with employees, detained
persons and other interested persons in addressing management,
confinement, and safety issues in an effective, fair, and
professional manner; and knowledge of correctional best practices.
(d) The Inspector General shall establish and adopt rules and
procedures regarding the review of the qualifications of candidates
for the position of warden or superintendent. Those rules and
procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
reputation and integrity which, unless rebutted, would be
determinative of the candidate's unsuitability for appointment. A
rule or procedure shall not be adopted that permits the disclosure to
the candidate of information from which the candidate may infer the
source, and information shall neither be disclosed to the candidate
nor be obtainable by any process that would jeopardize the
confidentiality of communications from persons whose opinion has been
sought on the candidate's qualifications.
(e) All communications, written, verbal, or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the Inspector General in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the Inspector General with a candidate
or person providing information in furtherance of the purposes of
this section shall not constitute a waiver of the privilege or a
breach of confidentiality.
(f) When the Governor has appointed a person to the position of
warden or superintendent who has been found not qualified by the
Inspector General, the Inspector General shall make public that
finding, after due notice to the appointee of his or her intention to
do so. That notice and disclosure shall not constitute a waiver of
privilege or breach of confidentiality with respect to communications
of or to the Inspector General concerning the qualifications of the
appointee.
(g) A person or entity shall not be liable for any injury caused
by any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefore.
(h) As used in this section, the term "Inspector General" includes
employees and agents of the Office of the Inspector General.
(i) At any time prior to the receipt of the review from the
Inspector General specified in subdivision (b), the Governor may
withdraw the name of any person submitted to the Inspector General
for evaluation pursuant to this section.
(j) No candidate for the position of warden or superintendent may
be appointed until the Inspector General has advised the Governor
pursuant to this section, or until 90 days have elapsed after
submission of the candidate's name to the Inspector General,
whichever occurs earlier. The requirement of this subdivision shall
not apply to any vacancy in the position of warden or superintendent
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies, the Governor shall be required to submit any candidate's
name to the Inspector General in order to provide him or her an
opportunity, if time permits, to review and make a report.
(k) This section shall not be construed as imposing an additional
requirement for an appointment or nomination to the position of
warden or superintendent, nor shall anything in this section be
construed as adding any additional qualifications for the position of
warden or superintendent.