Section 61320 - Confidentiality(a) Notwithstanding California Code of Regulations, title 2, section 61317, subdivision (h), the independent investigator may disclose the identity of a person providing information for an investigation as set forth in California Code of Regulations, title 2, section 61317, subdivision (h) to a law enforcement agency that is conducting a criminal investigation.(b) Any report that is appropriate to share with any entity other than the State Auditor's Office as authorized by California Code of Regulations, title 2, section 61317, subdivision (e) shall be redacted to protect the identity of, and all identifying information relating to, the whistleblower, witnesses, and employee or employees.(c) All draft reports, documents, materials, recordings, photographs, audit and investigative records, and similar evidence gathered in the course of the investigation shall be kept confidential.(d) The independent investigator and the Department of Justice shall keep every investigation confidential, including any and all information in any form obtained from the State Auditor's Office, the State Auditor, any employee or contractor of the State Auditor's Office, or any auditee.(e) Notices of adverse actions served by the State Auditor's Office at the recommendation of an independent investigation pursuant to this chapter become public records after their effective date and when filed with the State Personnel Board, or when appealed by the employee who was served, unless an Administrative Law Judge orders them to remain confidential, in whole or in part.(f) The independent investigator's investigation is confidential and remains confidential even if the independent investigator determines that it is appropriate to share with law enforcement, the Attorney General, or the policy committees of the California State Legislature having jurisdiction over the subject involved.Cal. Code Regs. Tit. 2, § 61320
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).