California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 5 - Personnel
Article 2 - Employees
Section 3392.9 - Use of Administrative Time off

Universal Citation: 15 CA Code of Regs 3392.9

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) When an employee is under investigation or subject to discipline, the hiring authority shall place an employee on Administrative Time Off (ATO) for one or more of the following reasons, unless the employee is transferred pursuant to section 3392.10, or unless, based on the circumstances of the misconduct, the hiring authority determines that ATO or transfer is not necessary to ensure the safety and security of the institution or the integrity of the investigation:

(1) The employee has been convicted of a felony.

(2) The employee is suspected of smuggling contraband.

(3) The employee has jeopardized or their continued presence will jeopardize, the safety and security of the workplace or the health and welfare of other employees, wards, incarcerated or supervised persons.

(4) The employee's continued presence in the workplace during the investigation or discipline process would undermine the department's ability to conduct a fair and thorough investigation or discipline process.

(5) The proposed discipline is likely dismissal.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 5054, Penal Code; 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: Section 5054, Penal Code; 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.

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