AB 1608

Existing law creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state. Existing law creates the High-Speed Rail Authority Office of the Inspector General and authorizes the High-Speed Rail Authority Inspector General to initiate an audit or review regarding oversight related to delivery of the high-speed rail project undertaken by the authority and the selection and oversight of contractors related to that project. Existing law authorizes the Inspector General to select, appoint, and employ officers and employees necessary to carry out the functions of the office, as specified. This bill would rename the office as the Office of the Inspector General, High-Speed Rail and revise the title of the Inspector General as the Inspector General of the High-Speed Rail. This bill would authorize the Inspector General to adopt and make use of the classifications, associated salary ranges, and other forms of compensation established or otherwise used by other state agencies identified by the Inspector General as performing comparable oversight work, as specified. This bill would authorize the Inspector General to contract for goods and services that the Inspector General deems necessary for the furtherance of the purposes of the office. For a contract up to $1,000,000 in value, the bill would exempt the Inspector General from all contract requirements of the Public Contract Code that require oversight, review, or approval by the Department of General Services or any other state agency. This bill would require the Inspector General, upon completion of an audit or review, to publish a complete report on its internet website, provide notification of the published report to the Governor and the High-Speed Rail Authority, and submit a copy of the report to the Legislature. The bill would authorize the Inspector General to hold that report, or a portion of that report, confidential, as specified, if the Inspector General determines that the report, or portion of the report, would describe or otherwise reveal weaknesses that would pose a substantial and articulable risk to the project or to state operations if publicly disclosed. If the Inspector General makes that determination, the bill would require the Inspector General, among other things, to deliver a confidential report to state officials with oversight of the project, as specified. This bill would require all books, papers, records, and correspondence of the office to be public records subject to the California Public Records Act, but would prohibit the Inspector General or the employees of the Inspector General from releasing certain types of records to the public, except under specified circumstances. The bill would prohibit the Inspector General from destroying any papers or memoranda used to support a completed audit or review sooner than 3 years after the corresponding report is published or delivered, as specified. Existing law authorizes the Inspector General to access certain records and property and requires an officer or employee of any agency or entity having those records or property in their possession or under their control to permit access to, and examination and reproduction of those records or property, upon the request of the Inspector General, as specified. This bill would specify that providing confidential information to the Inspector General under these circumstances does not constitute a waiver of that confidentiality. Existing law requires the Inspector General to report at least annually to the Legislature and the Governor a summary of its findings of any reviews, investigations, or audits, when the High-Speed Rail Authority provides statutorily required documents to the Legislature, and upon request of the Legislature or Governor. This bill would instead require the Inspector General to report at least annually to the Legislature and the Governor a summary of its findings of any reviews, investigations, or audits published pursuant to the above-described provisions at the beginning of each fiscal year and upon request of the Legislature or Governor. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.