Chapter 5
The Department of Public Safety and Homeland Security

INTRODUCTION
Government's first and most important job is to protect its citizens from crime, terrorism, fires and other natural disasters. California has many fine agencies and individuals working hard to safeguard its citizens, but these activities have not been sufficiently coordinated and public safety suffers as a result.

FINDINGS OF THE CALIFORNIA PERFORMANCE REVIEW
Four problems with the state's public safety efforts were identified, all of which revolve around a lack of coordination:

  1. The command structure for emergency response is not unified.
    Although all state agencies are supposed to follow a common plan in the event of an emergency, they all report to different people. The California Highway Patrol (CHP) is part of the Business, Transportation and Housing Agency. The Department of Forestry and Fire Protection, which works hand-in-hand with the CHP in the event of a fire, reports to the Secretary of the Resources Agency. In addition, public safety agencies do not have a common system to communicate in the event of an emergency.
  2. California has multiple law enforcement entities with duplicative training programs.
    More than 30 state departments and boards employ peace officers and multiple departments perform similar types of investigations, but there is no coordinated training for all of them. This results in a law enforcement system that inefficiently serves the public and exposes first responders to unnecessary danger.
  3. The process for purchasing equipment and resources is not coordinated.
    The California Highway Patrol purchases hundreds, sometimes thousands, of law enforcement vehicles each year. While CHP's consolidated purchasing results in better pricing, other state agencies with similar needs are not currently part of this system.
  4. The provision of victims' services lacks coordination.
    In the aftermath of a crime victims need help. California has enacted legislation to provide a variety of assistance programs. Unfortunately, funding for this is spread across state government and victims of crime must navigate a system rife with conflicting and duplicative policies.

PROPOSED ORGANIZATIONAL IMPROVEMENTS
To protect the safety of Californians, California's state public safety entities should be consolidated into one integrated Department of Public Safety and Homeland Security. This Department should be comprised of four divisions and one office that report to the Department Secretary, as follows:
  • California Highway Patrol;
  • Division of Law Enforcement;
  • Division of Fire and Emergency Management;
  • Division of Victim Services; and
  • Office of Internal Affairs.
This organizational framework is depicted in Exhibit 6.

The components of the Department should have the following roles and responsibilities:

  1. Office of the Secretary
    1. Management Goal:
      The Secretary should serve as the primary point of accountability for the management of law enforcement, emergency management and victims' services. The Office of the Secretary should also establish a unified command structure and overall coordination of services to manage the various programs and disciplines involved with any declared emergency.

    2. Proposed Functions:
      The Secretary should advise the Governor and assist in the implementation of major policy and program matters. The Office of the Secretary should also serve as the principal communication link between the Governor and the divisions of the Department.

      The specific functions that should be performed within the Office of the Secretary include: overseeing issues related to homeland security (coordinating state and local resources and requests), budget review of each division (planning and monitoring of expenditures), review of personnel management (establishing uniform training and performance standards), intergovernmental liaison (including the Legislature, local and national governments and other parts of the state executive branch), coordination between divisions and offices during emergencies and other operational conditions, information management coordination, strategic planning, public affairs and communications.

    3. Transferred Functions:
      Authority for the oversight of the California Highway Patrol, the Division of Law Enforcement, the Division of Fire and Emergency Management and the Division of Victim Services should be derived from functions transferred, in part, from the Business, Transportation and Housing Agency; the Resources Agency; the Health and Human Services Agency; the Office of Homeland Security; the Office of Emergency Services; and the various departments, boards and commissions affected by this transfer.

  2. California Highway Patrol
    1. Management Goal:
      The goal of the Division should be to ensure traffic safety and maintain responsibility for general law enforcement, homeland security and dignitary protection. To minimize disruption of these responsibilities, the California Highway Patrol should be transferred to the new department intact.

    2. Proposed Functions:
      All existing functions and responsibilities of the California Highway Patrol should be included within this Division. In addition to its existing roles and responsibilities, the California Highway Patrol should also be responsible for the personnel management, training and administrative functions of the Department.

    3. Transferred Functions:
      The existing functions and statutory authorities of the California Highway Patrol should be transferred from the Business, Transportation and Housing Agency to the Division.

  3. Division of Law Enforcement
    1. Management Goal:
      The goal of the Division should be to provide law enforcement and investigative services in a consolidated, coordinated and efficient manner.

    2. Proposed Functions:
      The Division of Law Enforcement should consolidate law enforcement services currently performed by peace officers from eight different state organizations.

    3. Transferred Functions:
      The specified functions of the following entities should be transferred to the Division:
      • Department of Alcoholic Beverage Control: The entire department and its functions should be transferred from the Business, Transportation and Housing Agency.
      • Department of Consumer Affairs: The enforcement functions associated with the Department of Consumer Affairs' California Medical Board, the Dental Board of California, the Contractors' State License Board, and the Division of Investigations should be transferred from the State and Consumer Services Agency.
      • Department of Developmental Services: Peace officer and enforcement functions of the Department of Developmental Services should be transferred from the Department and the Health and Human Services Agency.
      • Department of Fish and Game: Peace officer and enforcement functions of the Department of Fish and Game should be transferred from the Department and the Resources Agency.
      • Department of Motor Vehicles: Peace officer and enforcement and investigative functions of the Department of Motor Vehicles should be transferred from the Department and the Business, Transportation and Housing Agency.
      • Department of Parks and Recreation: Peace officer and law enforcement functions from the Department of Parks and Recreation should be transferred from the Department and the Resources Agency.
      • State Fair Police: Peace officer and law enforcement functions of the California Exposition Board should be transferred from the Department of Food and Agriculture to the Department of Public Safety and Homeland Security.
      • Department of Toxic Substances Control: Peace officer and enforcement functions of the Department of Toxic Substances Control should be transferred from the Department and Environmental Protection Agency.

  4. Division of Fire and Emergency Management
    1. Management Goal:
      The goal of the Division should be to provide statewide fire and emergency management services in a consolidated, coordinated and efficient manner.

    2. Proposed Functions:
      This Division should have responsibility for statewide fire and emergency management services, including homeland security functions and federal grant management.

    3. Transferred Functions:
      The functions of the following entities should be transferred to the Division from their current agencies:
      • Governor's Office of Emergency Services (OES): The related functions of OES should be transferred to the Department of Public Safety and Homeland Security.
      • California Department of Forestry and Fire Protection (CDF): The related functions of CDF should be transferred from the Resources Agency.
      • Office of Homeland Security: The functions of the Office of Homeland Security should be transferred to the Department of Public Safety and Homeland Security.
      • Emergency Medical Services Authority (EMSA): The functions of EMSA should be transferred from the Health and Human Services Agency.
      • Department of Social Services Disaster Section (DSSDS): The functions of DSSDS should be transferred from the Department of Social Services in the Health and Human Services Agency.
      • Department of Water Resources, Division of Flood Management and the Division of Safety of Dams: The functions of the Divisions of Flood Management and Safety of Dams should be transferred from the Department of Water Resources in the Resources Agency.
      • California Office of Traffic Safety (OTS): The functions of OTS should be transferred from the Business, Transportation and Housing Agency.

  5. Division of Victim Services
    1. Management Goal:
      The goal of the Division should be to coordinate and enhance the effectiveness of victim services funding, programs and compensation, which are currently fragmented and spread across a number of state organizations by:
      • Creating a single lead agency on crime victims' issues and improve coordination at the state level;
      • Providing stable leadership and a comprehensive vision on victims' issues;
      • Increasing avenues for collaboration among public and private victim service providers;
      • Maximizing the collection of restitution and acquisition of state and federal funds; and
      • Developing consistent criteria for awarding grants and coordinating the distribution of funds to the local level.

    2. Proposed Functions:
      This Division should consolidate victim services funding, victim service delivery and compensation for survivors of violent crimes.

    3. Transferred Functions:
      The functions of the following entities should be transferred to the Division from their current agencies:
      • Victim Services Branch, Office of Emergency Services: The functions of the Victim Services Branch should be transferred from OES.
      • Victim Compensation Program of the Victim Compensation and Government Claims Board: The victims compensation functions of the Board should be transferred from the State and Consumer Services Agency.
      • Battered Women's Shelter Program: The functions of the Battered Women's Shelter Program should be transferred from the Department of Health Services and the Health and Human Services Agency.

  6. Office of Internal Affairs
    1. Management Goal:
      The goal of the Office should be to provide a comprehensive, standardized structure and process to investigate complaints of improper conduct or criminal activity among employees of the Department of Public Safety and Homeland Security.

    2. Proposed Functions:
      The Office should establish a customer complaint process and a peace officer misconduct investigation process based on those now employed by the California Highway Patrol. These systems should exist to protect both the civil rights of citizens and those of peace officers, as provided under the Peace Officers Bill of Rights. Effective use of these processes should minimize litigation against the state and its public safety employees.

    3. Transferred Functions:
      The functions of this Office should be carried out by personnel associated with internal investigation functions from the transferred departments.