State military: inspector general.

Existing law establishes the California Military Department Inspector General to investigate alleged violations of law or gross mismanagement or waste of funds. Existing law establishes qualifications for a person serving in the position of inspector general, including, among other things, that the inspector general be subordinate to the Adjutant General. This bill would instead require that the inspector general be an advisor to the Governor and responsive to the Adjutant General. Existing law, either at the discretion of the inspector general or upon request by the Governor, a Member of the Legislature, any member of the Military Department, or any member of the public, authorizes the inspector general to investigate any complaint or allegation regarding specified issues. This bill would instead require the inspector general to expeditiously investigate those complaints. The bill would also require the inspector general to notify the requesting party of the results of the investigation. The bill would require specified allegations presented to the inspector general to be reported to either the Governor or specified federal inspectors general, and the Adjutant General, as specified. Existing law, the California Military Whistleblower Protection Act, prohibits a person from restricting a member of the Military Department from making specified communications to a Member of Congress, the Governor, a Member of the Legislature, or any state or federal inspector general, or from taking, or threatening to take, unfavorable personnel actions, or withholding, or threatening to withhold, favorable personnel actions, as a reprisal against a member of the Military Department for making specified communications. Existing law requires the inspector general to, after the completion of an investigation into an allegation relating to the act, submit a report on the results of the investigation to the Adjutant General and a copy of the report on the results of the investigation to the member of the department who made the allegation. This bill would require the inspector general to provide an interim response to allegations of actions prohibited by the act when the final response will be delayed, as specified. Existing law requires the inspector general, if the inspector general is not outside the immediate chain of command of both the member submitting the allegation and the individual or individuals alleged to have taken an action prohibited by the California Military Whistleblower Protection Act, to refer the allegation to the Chief of the National Guard Bureau and the Governor. This bill would instead require the inspector general to refer all allegations of actions prohibited by the act to the Chief of the National Guard Bureau and the Governor. The bill would additionally require the Governor or Adjutant General to take disciplinary actions against any member of the department who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts, as specified, against a person who reported improper activities.