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 - Employee Discipline

Current through Register 2024 Notice Reg. No. 28, July 12, 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 parolees 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 parolee, or alleges misconduct not involving an incarcerated
					 person or parolee.
(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)
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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)
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Letter--A letter notifying the employee of the hiring
					 authority's final decision regarding the imposition of a disciplinary
					 penalty.
(28)
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Officer--An employee, normally a manager assigned to conduct a
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Hearing and make a recommendation to the hiring authority as
					 set forth in section
					 3392.8.
(29)
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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.