Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Definitions -- The definitions in this section apply to Subchapter 5, Article
2, sections
3391 and
3392 through
3392.10.
(1) 5/8/40 Work Schedule -- A fixed work
schedule consisting of five 8-hour days during a workweek.
(2) Administrative Time Off -- A form of paid
leave initiated by a hiring authority when it is determined that an employee
should not come to work as set forth in section
3392.9.
(3) Adverse Action -- A punitive action taken
by a hiring authority to discipline an employee as set forth in section
3392.3.
(4) Allegation Inquiry Unit (AIU) -- The unit
within the Office of Internal Affairs that conducts investigations into
complaints alleging misconduct toward incarcerated persons and supervised
persons as set forth in 3486.2, and reviews allegation inquiry reports
completed by locally designated investigators.
(5) Appointing Power -- The Secretary of the
CDCR.
(6) Bargaining Unit Agreement
(also known as a Memorandum of Understanding) -- An agreement entered into
between the State of California and an employee representative organization
certified by the Public Employee Relations Board as the exclusive
representative for an employee bargaining unit.
(7) Centralized Screening Team -- The entity
that reviews documentation to determine if the documentation contains a routine
issue, alleges misconduct toward an incarcerated person or supervised person,
or alleges misconduct not involving an incarcerated person or supervised
person.
(8) Corrective Action -- A
non-punitive action taken by a supervisor to assist an employee to improve work
performance, or correct behavior or conduct as set forth in section
3392.2.
(9) Designated Case -- An employee discipline
case assigned to a vertical advocate.
(10) Employee Disciplinary Matrix -- The
department's Employee Disciplinary Matrix set forth in section
3392.5, utilized by all hiring
authorities to identify misconduct allegations and determine the penalty to be
imposed when an allegation(s) of misconduct is sustained.
(11) Employee Relations Officer -- The
department employee responsible for coordinating the administrative process for
designated cases, and representing the department in non-designated cases
during the disciplinary process and at any administrative hearings.
(12) Hiring Authority -- The appointing power
may act, or delegate the power to act, as the hiring authority. The hiring
authority has the power to hire, initiate the investigation process by
submitting a confidential request for internal affairs investigation or
approval for direct adverse action, discipline, and dismiss staff. The power to
act as a hiring authority may be delegated to the following classifications:
Undersecretary; Assistant Secretary; General Counsel; Chief Deputy General
Counsel; Executive Officer; Chief Information Officer; Director; Deputy
Director; Associate Director; Assistant Deputy Director; Chief, Office of
Correctional Safety; Chief, Office of Labor Relations; Warden; Superintendent;
Health Care Chief Executive Officer; Regional Health Care Administrator;
Regional Parole Administrator; Parole Administrator; Superintendent of
Education; Assistant Superintendent of Education; Administrator at the Richard
A. McGee Correctional Training Center for Correctional Officer Cadets; or any
other person authorized by the appointing power.
(13) Job Steward -- A recognized union
representative for a state bargaining unit.
(14) Letter of Intent -- Written notification
to a peace officer employee that an investigation has been completed, adverse
action will be taken, and the proposed penalty.
(15) Manager -- An employee in a managerial
classification having significant responsibilities for formulating or
administering agency or departmental policies and programs or administering an
agency or department.
(16) Locally
Designated Investigator -- Departmental staff trained by OIA to collect
evidence and conduct Allegation Inquiries.
(17) Monitored Case -- An employee discipline
case monitored by the Office of the Inspector General.
(18) Non-Designated Case -- An employee
discipline case assigned to an employee relations officer.
(19) Notice of Adverse Action -- A written
notice of punitive action to an employee including the penalty, effective date
of the action, causes for discipline, factual allegations of misconduct,
pre-deprivation (Skelly) rights, and the right to appeal the
action to the State Personnel Board.
(20) Office of Internal Affairs -- The entity
with authority to investigate allegations of employee misconduct.
(21) Official Personnel File -- A file for a
department employee containing records maintained by the department including
records relating to the employee's performance or any grievances filed by the
employee.
(22) Preponderance of
Evidence -- The standard of proof necessary to establish that it is more likely
than not that the alleged misconduct occurred.
(23) Progressive Discipline -- Written
preventative, corrective, or disciplinary action, providing an employee with
notice of departmental expectations, an opportunity to learn from prior
mistakes, and correct and improve future work performance.
(24) Qualifying Pay Period -- Eleven or more
qualifying workdays of service in a monthly pay period.
(25) Qualifying Work Day -- An employee's
regularly scheduled workday, excluding regular-days-off, sick leave, holidays,
vacation, annual leave, or other periods of approved leave.
(26)
Skelly Hearing -- A
hearing, normally held prior to the effective date of an adverse action, which
provides the employee with an opportunity to respond to the allegations of
misconduct set forth in the notice of adverse action.
(27)
Skelly Letter -- A
letter notifying the employee of the hiring authority's final decision
regarding the imposition of a disciplinary penalty.
(28)
Skelly Officer -- An
employee, normally a manager assigned to conduct a Skelly
Hearing and make a recommendation to the hiring authority as set forth in
section 3392.8.
(29)
Skelly Package -- All
documents and materials relied upon by the hiring authority to impose adverse
action.
(30) Vertical Advocate --
An Employment Advocacy and Prosecution Team attorney who provides legal advice
to the department during investigations and the employee discipline process for
designated cases, and represents the department at administrative hearings and
during any subsequent writ or appellate proceedings.
(31) Work Week -- Any seven consecutive days,
starting with the same calendar day each week beginning at any hour on any day,
so long as it is fixed and regularly occurring.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
5054,
5058.4 and
6053, Penal
Code; Sections
3304(d)(1),
3513,
19570 and
19574,
Government Code; Section
115,
Evidence Code; Skelly v. State Personnel Board (1975) 15 Cal.3d 194; Madrid v.
Gomez, 889 F. Supp. 1146 (N.D. Cal. 1995); and Armstrong et al. v. Newsom et
al., United States District Court for the Northern District of California,
Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters Final
Report Re: Department Of Corrections Post Powers Investigations And Employee
Discipline; Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; and Case
No. C90-3094-T.E.H. Class Action.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
5054,
5058.4 and
6053, Penal
Code; Sections
3304(d)(1),
3513,
19570 and
19574,
Government Code; Section
115,
Evidence Code; Skelly v. State Personnel Board (1975) 15 Cal.3d 194; Madrid v.
Gomez, 889 F. Supp. 1146 (N.D. Cal. 1995); and Armstrong et al. v. Newsom et
al., United States District Court for the Northern District of California,
Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters Final
Report Re: Department Of Corrections Post Powers Investigations And Employee
Discipline; Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; Case No.
C90-3094-T.E.H. Class Action.
