• Investigations into alleged employee misconduct can be initiated at any level in the chain of command.
  
  

• If the investigation results in a conclusion that some form of misconduct has been committed by the employee, a recommendation for disciplinary action shall be initiated from within the operational division where the employee was assigned at the time of the misconduct.
  
  

• If at any time during the investigation it becomes necessary for the accused (full-time sworn personnel) to be interviewed regarding an allegation of misconduct, the person conducting the interview shall adhere to all the procedural rights afforded the accused under the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300-3311).

Causes For Disciplinary Action

• Causes for disciplinary action are specifically set forth in:
  
  Sheriff's Department Policy and Procedure Manual, Rules on Conduct (Section 2) and Rules of the Civil Service Commission (Rule VII, Section 7.2)
  
  

• Personnel will be charged with violations of the Sheriff's Department Policy and Procedure Manual, Rules on Conduct.  The Internal Affairs Division will be responsible for charging disciplined employees with appropriate sections of the Civil Service Rules.

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Administrative Assignment

• Whenever it is deemed necessary, a member of this Department  may be placed on Administrative Assignment pending an investigation for an unlawful act or violation of the rules set forth above.
  
  The supervisor placing a subordinate on Administrative Assignment shall notify the Internal Affairs Division, via their chain of command, no later than the next working day.  Should the chain of command deem it necessary to keep an employee on Administrative Assignment for an extended period of time it shall be the responsibility of the Internal Affairs Division to serve written notification of such fact upon the employee.
  
  The written notification of Administrative Assignment shall be from the Assistant Sheriff, Human Resources Services Bureau, and shall elaborate on the conditions set forth below.
  
  

• An employee placed on Administrative Assignment will receive notice of the following:
  
  That they are temporarily relieved of present assignment (duty station).
  
  Instruction to telephonically report to a specific person at a specific time on a daily basis to receive that day's assignment.
  
  Designation of days off.
  
  The effective date of the assignment, anticipated duration, and reason for the action will be stated.
  
  

• During the time on Administrative Assignment, the employee will not lose any vested rights as a member of this Department, and will receive full pay.
  
  

• No member of this Department may be suspended without pay until he/she has been officially served a formal order imposing discipline.
  
  

• The only exception to this procedure is in the event that circumstances exist in which the immediate removal of the employee is essential to avert harm to the County or the public.  (Refer to Civil Service Rules, Section 7.2.1(b)).
  
  

• In lieu of Administrative Assignment, an employee may be temporarily reassigned to another command, subject to the provisions of Government Code Section 3303(l).
  
  

• Employees who are removed from normal job duties during the pendency of an investigation shall not be removed for longer than 45 calendar days, except where the business necessities of the Department require the removal from normal duties to extend beyond those 45 days.  After 45 days, the employee may request a hearing with the Assistant Sheriff, Human Resources Services Bureau, to review the continued necessity of the assignment.  In any event, the assignment will be reviewed after 60 days, and every 60 days thereafter.

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Disciplinary Procedures

Following an investigation by the immediate supervisor or Internal Affairs concluding some form of misconduct has been committed by the employee, the package will be forwarded to the second level supervisor for a disciplinary recommendation.  If the second level supervisor conducted the investigation, the recommendation should be made by someone else at the second level, or by the third level supervisor.

• Discipline is defined as any of the following:
  
  Counseling (as a result of alleged misconduct);
  Written Reprimand;
  Suspension;
  Reassignment (as a result of alleged misconduct);
  Pay Step Reduction;
  Demotion;
  Termination
  
  

• Discipline Recommendation
  
  Prior to recommending discipline, the second level supervisor will meet with the accused employee, outside the presence of the investigator, explain the findings, and allow the employee an opportunity to provide information which could mitigate the findings, or affect a recommendation for discipline.
  
  The employee may accompanied by a representative.
  
  If discipline, other than counseling, is to be recommended, the second level supervisor will initiate the "Notice of Proposed Disciplinary Action form (AS 1/3) and serve it on the employee.  This process informs the employee of the proposed charges and recommended discipline as well as specifying any similarly related priors within the past five years.
  
  The employee does not receive any reports at this time but, upon request, will be allowed to review the reports.  The second level supervisor will prepare a report containing the disciplinary recommendation and rationale.  The report will document the pre-recommendation discussion with the employee and include whether of not the employee was allowed to review any reports.  This report, together with all reports, will be forwarded to the third level supervisor (usually the station/facility commander).
  
  If the third level supervisor elects to take action other than discipline, all documents which contain the discipline will be destroyed, and the supporting documents will be filed in the Internal Affairs investigation file.
  
  The third level supervisor will notify the employee of any modification of the proposed discipline, and record such notification in the accompanying reports.
  
  Upon approval of the third level supervisor, the package will be forwarded to the Internal Affairs Division.  If counseling is recommended, it may be initiated at that time.

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• Counseling
  
  Supervisors may make a written record of the facts leading to counseling, but it is not the Department's intention that any/all counseling be recorded.  If a record is made, a copy of the report shall be placed in the individual's division performance/training file after the counseled employee has read and initialed all the items.  (Refer to Section 3.20, Policy and Procedure Manual.)
  
  In any event where a sustained finding, resulting in either counseling or no discipline, is filed in the Internal Affairs division, the employee shall have the same opportunity to respond as with a written reprimand.
  
  

• Discipline other than counseling
  
  Internal Affairs will prepare the written reprimand or appropriate "Notice of Intent" letter.  After obtaining the signature of the third level supervisor, Internal Affairs will serve the employee with the written reprimand or appropriate "Notice of Intent" letter complying with all the provisions required by Civil Service rule VII, Section 7.2.1.  Suspensions of less than five working days shall be administered in the form of pay step reductions.  Discipline in excess of five days may be recommended as either a suspension or a pay step reduction, at the discretion of the recommender.
  
  An employee may request a Skelly Conference for any proposed discipline other than a written reprimand or counseling.  (For written reprimand review process, refer to procedures below.)
  
  The employee shall have five (5) working days in which to request a Skelly Conference.  The Skelly Conference must take place within ten (10) working days of the request for the conference.  A waiver of the ten (10) working day limit must be mutually agreeable to both the employee and the conference officer.
  
  Failure of the employee to request a Skelly Conference within the allotted time, or failure to appear at the designated time and place without just cause, shall constitute a waiver, and the package will be forwarded to the appropriate level for final decision via Internal Affairs.
  
  Skelly Conference officers will normally be a Sheriff's representative, usually a third level supervisor (station/facility commander not in the employee's chain of command).  Where appropriate, due to the employee's rank or position, the Sheriff may be the conference officer, at his discretion.
  
  Following the Skelly Conference:
  
  The Skelly Conference officer will forward the disciplinary package along with a written summation and recommendation to the Internal Affairs Division.  The disciplinary package will then be forwarded to the employee's Assistant Sheriff/Executive Director, via the chain of command.  It will then be forwarded by the Assistant Sheriff, Human Resources Services Bureau, to the Undersheriff and Sheriff for final review and approval.
  
  After a final decision has been rendered, the Internal Affairs Division will prepare the formal final order imposing discipline complying with all the provisions of Civil Service Rule VII, Section 7.3.
  
  The final order of discipline will be signed by the Sheriff or his designee and will be served on the employee by the Internal Affairs Division.  The employee will be advised of all appeal rights at this time.
  
  Discipline should be carried out as soon as possible after service of the order.  In the case of suspensions, the employee shall be notified by his/her supervisor of the beginning and ending dates of the suspension.  The suspension shall be carried out in consecutive working days, except in cases where the suspension exceeds 10 days.
  
  The employee's command will have the discretion to impose the suspension in non-consecutive days.  The employee shall not be allowed to work in any capacity during the period of the suspension.

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Appeals to Discipline

The appeal process for members of this Department is as follows:

• Written Reprimand
  
  Written reprimands are not appealable to the Civil Service Commission.  However, within thirty (30) days of receipt of the reprimand, the employee may submit to the fourth level supervisor a written response to the reprimand.  After review by the fourth level supervisor, the written response will be attached to the reprimand and filed in the employee's discipline file.  The fourth level supervisor, after review of the written response, may elect an alternate course of action in lieu of the written reprimand.
  
  Further review of a written reprimand may be pursued through the grievance procedure applicable to the employee's classification.  (Refer to the Civil Service Rules, Rule VII, Section 7.3.(c).)
  
  NOTE:  Grievance procedures are set forth in the M.O.A. for each classification and are subject to change during annual negotiations.

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• Suspensions and Pay Step Reductions
  
  Suspensions and temporary pay step reductions are appealable according to the following criteria:
  
  Permanent Employees have a right to a Skelly Conference and may appeal to the Civil Service Commission.  This includes permanent employees who are in the probationary period following a promotion.
  
  Probationary Employees have a right to a Skelly Conference only.
  
  

• Demotion
  
  Demotions are appealable according to the following criteria:
  
  Permanent Employees have a right to a Skelly Conference and may appeal the discipline to the Civil Service Commission.
  
  Probationary Employees have a right to a Skelly Conference only.  This includes permanent employees who are in the probationary period following a promotion.
  
  

• Termination
  
  Terminations are appealable according to the following criteria:
  
  Permanent employees, including those serving probationary periods following a promotion, have a right to a Skelly Conference and may appeal the discipline to the Civil Service Commission.
  
  Probationary Employees who are terminated for violating the Sheriff's Rules of Conduct/Civil Service Rules will be entitled to a Skelly Conference only.
  
  Probationary employees who are terminated because of demonstrated deficiencies in performance dimensions will not be entitled to a Skelly Conference.
  
  Probationary employees who are terminated fro this Department may appeal to the Civil Service Commission for the Liberty Interest Conference.
  
  Liberty Interest Conferences are granted at the discretion of the Civil Service Commission.  (See County of San Diego Administrative Manual, Item #0080-04-5).

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Skelly Conference

The Skelly Conference officer usually is a third level supervisor not in the employee's chain of command.   The purpose of the conference is to review/hear the employee's written/oral response to a proposed disciplinary action.

Prior to the Skelly Conference, Internal Affairs will provide the employee with copies of all the documents upon which the proposed discipline is based so that an oral/written response to the proposed discipline can be prepared.

At the Skelly Conference, the employee may be accompanied by an attorney and/or representative of the employee's choice.  (Excluding persons involved in the investigation or the disciplinary action.)  In conducting a Skelly Conference, the Skelly officer will be allowed access to the personnel and training files relating to the employee.

At the conclusion of the Skelly Conference, the Skelly officer shall prepare a written summation of the conference with a recommendation of the appropriate charges and discipline to be imposed.  The Skelly officer may affirm, reject or modify the original recommended charges and/or level of discipline.  The entire disciplinary package is forwarded to Internal Affairs for processing and routing.

Should the Skelly recommendation result in an increase in the proposed discipline, Internal Affairs will be required to serve the employee a modified "Notice of Intent", provide the employee with a copy of the appropriate documents, and advise the employee of the right to another Skelly Conference.

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