Report 2009-107.1 Recommendation 6 Responses

Report 2009-107.1: California Department of Corrections and Rehabilitation: It Fails to Track and Use Data That Would Allow It to More Effectively Monitor and Manage Its Operations (Release Date: September 2009)

Recommendation #6 To: Corrections and Rehabilitation, Department of

To more closely align its operations with state law and its own policy, make certain that inmates are provided with an adequate level of supervision, and protect the health and safety of employees and inmates, Corrections should better ensure that it prevents the instances in which correctional officers work beyond the voluntary overtime limit in a pay period.

Annual Follow-Up Agency Response From September 2015

As stated in recommendation five, the California Department of Human Resources has reached an understanding on voluntary overtime that will go into effect if a full agreement is made on the successor MOU for BU 6. In addition, the following should reduce the possibility of Correctional Officers (COs) exceeding the 80 hours of overtime in the control period: (a) the amount of CO vacancies has greatly diminished since 2009, therefore, the amount of overtime (voluntary and involuntary) has significantly diminished, (b) on July 27, 2015, CDCR reduced the CO Academy from 16 weeks to 12 weeks, increasing its ability to fill vacancies more quickly, (c) as of July 2015, CDCR had 1,276 CO candidates available to begin future CO Academies. The current vacancy rate for COs, statewide is at 4 percent. Institutions with a higher percentage of vacancies continue to receive COs from the Academy each month. By February 2016, CDCR anticipates the average statewide vacancy rate should be less than 1 percent.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Corrections states that a reduction in vacancies and overtime since 2009 and its shorter training academy should reduce the possibility of correctional officers exceeding 80 hours of overtime. However, Corrections did not provide documentation to demonstrate its efforts better ensure that it prevents the instances in which correctional officers work beyond the voluntary overtime limit in a pay period. For example, has Corrections established a process to track and monitor instances when staff are working more than 80 hours during a month, is it tracking the instances and have the number of instances decreased, when instances occur what steps has the department taken to ensure that it minimizes the instances.

Annual Follow-Up Agency Response From October 2014

As stated in Recommendation 5, the new MOU ratified for BU6 on September 28, 2013, does not allow for the Department to mandate involuntary overtime if staff elects to volunteer even if the staff volunteering are over 80 hours of overtime during the work period. See BU6 MOU section 12.05 Voluntary Overtime BY Seniority. The MOU also has a new 7k process where it is now a 7-day work week and overtime begins after 41 hours, so it is no longer a "work period" but now a "pay period".

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

The new bargaining unit agreement that Corrections referenced continues to include the same voluntary limit of 80 hours of overtime in a work period. Additionally, Corrections did not provide documentation to demonstrate its efforts to better ensure that it prevents the instances in which correctional officers work beyond the voluntary overtime limit in a pay period.

Annual Follow-Up Agency Response From October 2013

As stated in Recommendation 5, the new MOU ratified for BU6 on September 28, 2013, does not allow for the Department to mandate involuntary overtime if staff elects to volunteer even if the staff volunteering are over 80 hours of overtime during the work period. See BU6 MOU section 12.05 Voluntary Overtime BY Seniority. The MOU also has a new 7k process where it is now a 7-day work week and overtime begins after 41 hours, so it is no longer a "work period" but now a "pay period".

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

The new bargaining unit agreement that Corrections referenced continues to include the same voluntary limit of 80 hours of overtime in a work period. Additionally, Corrections did not provide documentation to demonstrate its efforts to better ensure that it prevents the instances in which correctional officers work beyond the voluntary overtime limit in a pay period.

Annual Follow-Up Agency Response From September 2012

As CDCR has implemented the Standardized Staffing model which includes more relief in the areas of coverage in posted positions, there will be circumstances such as spontaneous transportation; emergency issues; and other unforeseen factors which will require CDCR to have staff on an overtime shift. CDCR makes every effort to align with the hours worked in a 28 day work period which is how the overtime for R06 is calculated.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement

All Recommendations in 2009-107.1

Agency responses received after June 2013 are posted verbatim.