California’s Department of Veterans Affairs

The Department of Veterans Affairs is set forth in the California Military and Veterans Code, Division 1, Chapter 2. Section 60 defines the term “department.” Section 61 defines the term “board.” Section 62 defines the term “secretary.” Section 63 provides that there is in the state government a Department of Veterans Affairs.

Section 64 established a California Veterans Board. Section 65 requires the Board to consist of seven members who are appointed by the Governor subject to the confirmation of the Senate. Section 66 requires all members of the board to be veterans. Every member of the board also has to be a member in good standing with a congressionally chartered veteran service organization.

Section 67 specifies that board members’ terms are four years. The resident of the California veterans home has a specified, rotational term. Vacancies are filled immediately by the Governor for the unexpired portion of the terms in which they occur. Section 68 provides that each board member receives a per diem and reimbursement for travel expenses.

Section 69 requires the board to hold meetings as it determines. Section 69.7 requires the board’s budget to have its budget separately stated. Those funds allocated for the board are used solely as determined by the members of the board, for the board’s operation and other necessary purposes as the board may determine.

Section 69.9 requires, prior to January 10 of each year, the department to provide the fiscal committees of both houses of the Legislature with a fiscal estimate package containing the anticipated budget year costs of carrying out the current year’s level of service as authorized by the Legislature for the state veterans homes. The fiscal estimate package must contain specified information for each veterans home.

In addition, prior to May 15 of each year, the department must provide the fiscal committees of both houses of the Legislature with an updated fiscal estimate package that includes specified information.

Section 70 states that the Department of Veterans Affairs succeeds to, and is vested with, the duties, powers, purposes, responsibilities, and jurisdiction of the Department of Military and Veterans’ Affairs, the Division of Veterans’ Welfare, the Veterans’ Welfare Board, the California Veterans’ Commission, the Division of Veterans’ Homes, the Board of Directors of the Veterans’ Home of California, and the Board of Directors of the Woman’s Relief Corps Home of California and of the officers and employees of that department, those divisions and boards, and that commission, with specified exceptions.

In addition, there is created the California Veterans Memorial Registry Fund, for the deposit of financial contributions made for the support of the Veterans Registry, which is part of the California Veterans Memorial. In order to be eligible for inclusion in the Veterans Registry, a person must have served in the active military of the United States, received a discharge under honorable conditions, and resided in California at some time before, during, or after his or her military service.

Section 72 requires the members of the board to select one of their members to serve as chairperson, who holds office as chairperson at the pleasure of the board. The board appoints an executive officer who must perform specified duties. And, the department is required to provide the board with adequate office and meeting space at no cost to the board. This space must be easily accessible to disabled veterans.

Section 72 requires the California Veterans Board to advise the department and secretary on policies for operations of the department. The department must respond to all proposed policy changes offered by the California Veterans Board prior to the next scheduled meeting of the board.

Section 73 authorizes the California Veterans Board to create advisory committees consisting of veterans to advise the board in specific fields under or relating to the jurisdiction of the board. These committees are under the direction of the board and are wholly advisory in character and are not delegated any administrative authority or responsibility.

Section 73.4 requires the secretary and the board tol each seek to confer with the California State Commanders Veterans Council at least twice per calendar year on issues affecting California veterans.

Section 73.7 specifies that any state officer or employee who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee of any state department, board, or authority for having disclosed what the employee, in good faith, believed to be improper activities regarding veterans programs that are supported by the state is to be disciplined by adverse action. If no adverse action is instituted by the appointing power, the State Personnel Board must take adverse action. The individual can also be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability has been established, the injured party is entitled to reasonable attorney’s fees as provided by law.

Section 73.8 requires the board to have access to all documents and employees of the department. Section 74 requires the chief administrative officer of the Department of Veterans Affairs to be the Secretary of Veterans Affairs who is a civil executive officer. The Secretary of Veterans Affairs must be a veteran. Section 75 requires the secretary to be appointed by and serve at the pleasure of the Governor. Section 76 specifies that the annual salary of the secretary is provided in the Government Code.

Section 78 provides that the Secretary of Veterans Affairs is head of the department and is required to perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities and carry out and effect all provisions now or hereafter vested by law in the department. The secretary may designate a deputy, employee, or other official in the department to act for them and to represent them at meetings.

Section 78.5 requires the secretary to conduct audits as required on internal controls of the department and those are provided to the inspector general. Section 79 requires there to be an Undersecretary of Veterans Affairs, who is a civil executive officer, and who is appointed and his or her salary is established by the secretary pursuant to law.

Section 79.1 requires there to be w a Deputy Secretary of Women Veterans Affairs who has responsibility over administration of women veterans affairs. The Governor must also appoint a Deputy Secretary of Veterans Homes, to serve at the pleasure of the secretary, who is responsible for the administration of all sites of the California veterans homes.

Section 79.3 authorizes the department to adopt, amend, or repeal regulations concerning the administration and operation of the Veterans’ Home of California. Section 79.4 requires the department to engage in specified activities concerning the operation and administration of the veterans’ homes.

Section 80 allows the director to employ expert, technical, legal, clerical, and other employees as may be necessary to carry out his powers. Whenever possible preference is to be given to veterans for employment in the department.

Section 84 authorizes the secretary to present reports and recommendations to the board concerning any matter relating to veterans’ welfare whether or not provided by existing law. The secretary cannot effectuate any policy change that would modify any veterans’ program without first fully briefing the board regarding the effects upon veterans of the proposed policy change. The terms “program” and “policy change” are defined.

Section 85 prohibits the records of the department which are records of contract purchasers from being open to inspection by the public.

Section 86 states that any person deeming himself or herself a veteran and who applies for benefits may appeal any decision made by a division of the department to the California Veterans Board. Upon receipt of the appeal, the board must grant a hearing, if requested, and render its decision in writing to the appellant not later than the second meeting of the board following the receipt of the appeal or of the hearing if one is held.

Affairs and the Department of Fish and Game.

Section 89 allows the department to apply to the California Debt Limit Allocation Committee for allocations of the state ceiling on qualified private activity bonds for qualified residential rental projects.

Section 89.5 requires the department to include two specified items in its strategic plan, which must be transmitted to the Chairman of the Senate Committee on Veterans Affairs and the Chairman of the Assembly Committee on Veterans Affairs.

Section 90.2 authorizes the Department of Veterans Affairs to accept donations of personal property, including cash or other gifts, to be used to further the purposes of the state’s strategic plan for providing veterans with transitional assistance, or to reimburse the state for expenditures made by the state for these purposes.