Auditor's Report Called 'Hearsay' Due to Lack of Names

Wednesday, April 3, 2019 | 1

A California state auditor’s report that alleges “gross misconduct” by a former agency director should be kept out of an employee’s disciplinary hearing because the report doesn’t name individuals, the state is arguing.

Christine Baker

The subject of state Auditor Elaine Howle’s report, released last week, appears to be former Department of Industrial Relations Director Christine Baker, based on the time line and events detailed in the document. Gov. Gavin Newsom’s administration confirmed that the report centered on Baker’s former department while she was the director, the Sacramento Bee reported.

The report includes accusations that the director violated state hiring processes to arrange jobs and promotions for her daughter, while creating a “culture of fear” through efforts to ferret out and retaliate against whistleblowers.

But because the report doesn’t name the former director, the state is arguing that it is merely “hearsay” and shouldn’t be used in the defense of Socorro Tongco, a former DIR investigator, the Bee reported. The publication cited an email from a deputy attorney general to union attorneys at the California Statewide Law Enforcement Association.

Tongco has accused DIR of illegally firing her in retaliation for cooperating with a state auditor investigation. She is appealing her termination at the State Personnel Board and has also filed a wrongful termination complaint in Alameda County Superior Court.