Chapter 3 – Personnel, Training, and Employee Relations

33010.1 Policy

• The Department shall, through the provisions of this Article:

  • Assure a uniform and equitable basis for employer/employee relations.

  • Maintain open channels of communications that permit the exchange of information and ideas in a cooperative manner to ensure increased departmental efficiency and the wellbeing of employees.

  • Further the understanding of rights, and obligations of the Department and employee organizations.

33010.2 Purpose

• This Article specifies requirements for employer/employee relationships.

33010.2.1 Employee Notification

• Each institution, parole region, and community correctional facility shall establish a policy for the purpose of employee notification. It is the responsibility of each Warden, Regional Parole Administrator (RPARegional Parole Administrator), and Community Correctional Center Administrator to establish procedures to notify employees at work of personal emergency situations. Personal emergencies that require employee notification shall be routed to the area manager/supervisor who will determine if the situation warrants immediate employee notification.

33010.3 Disclaimer

• If any provision in this Article is in conflict with a Memorandum of Understanding (MOUMemorandum Of Understanding), Side Letter Agreement, Arbitration Award, Public Employment Relations Board (PERBPublic Employment Representative Board) Decision, Settlement, or Local and/or Statewide Agreement, this Article shall not prevail as it relates to the specific represented group.

33010.4 Management Team

• Employees designated as manager, supervisor, or confidential shall be members of the management team.

• “Supervisors” and “supervisory employees” refer to persons designated as supervisors pursuant to the State Employer Employee Relations Act (SEERAState Employer Employee Relations Act). Persons not so designated are not supervisors within the meaning of SEERAState Employer Employee Relations Act, even if their working or class title includes the term “supervisor,” and shall not be considered part of the management team for the purpose of this Article.

• The management team shall:

  • Relate with all employee organizations and their official representatives, regardless of title or classification, as equals on all matters within the scope of representation.

  • In good faith, abide by all terms, conditions, or provisions of all MOUs in effect.

  • Give consideration to the viewpoints submitted by individual employees and organized employee groups in connection with the development of policy and in determining courses of action relating to employer/employee relations.

33010.5 Employees Right to Organize

• The State recognizes the right of State employees to join and participate in organizations of their own choosing and be represented by such organizations in their employment relations with the State.

• In order to guarantee this right, the management team shall not:

  • Impose, threaten to impose, cause, or allow any type of reprisals on employees because of their exercise of rights guaranteed them by SEERAState Employer Employee Relations Act, departmental policy, MOUMemorandum Of Understanding, or any other applicable law or rule.

  • Conduct any type of business relating to wages, hours, or working conditions of unit employees with any organization except the exclusive representative.

  • Participate in handling grievances on behalf of employees.

  • Participate in meet-and-confer sessions on behalf of rank and file employees.

  • Influence, cause to be influenced, interfere with, or in any way condone the influence of internal affairs of a rank and file employee representative organization.

  • Influence, cause to influence, interfere with, or in any way allow the influencing of the unit election process.

  • Contribute to any organization financial or any other type of support that is used for representation of rank-and-file employees.

• Rank and file employees shall not:

  • Participate in handling grievances on behalf of supervisory employees.

  • Participate in meet-and-confer sessions on behalf of supervisory employees.

33010.5.1 Rights of Employees

• Rank and file employees shall have the right to:

  • Form, join, and participate in the activities of employee organizations of their own choice for the purpose of representation on all matters of employer/employee relations.

  • Refuse to join or participate in activities of organizations.

  • Withdraw from organizations.

  • Represent themselves individually in their employment relations.

• Supervisory employees have the right to:

  • Form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of supervisory employer/employee relations.

  • Refuse to join or participate in the activities of employee organizations.

  • Represent themselves individually in their employment relations.

• Employees shall not be granted preferential treatment or have equitable treatment withheld because of either membership or non-membership in employee organizations.

33010.5.2 Exclusive Representatives

• The Department recognizes and agrees to meet with designated stewards and staff of the exclusive representatives on the following:

  • Administration of the contract.

  • Employee discipline cases.

  • Informal settlement conferences or formal hearings conducted by the Public Employment Relations Board.

  • Matters scheduled for hearing by the Victim Compensation and Government Claims Board.

  • Terms and conditions of employment.

33010.5.3 Bona Fide Associations

• The Department shall recognize other employee organizations providing they are registered and approved by California Human Resources (CalHRCalifornia Department of Human Resources (formerly DPA and SPB)) as bona fide associations.

• A bona fide association is an organization that is comprised primarily of employees and former employees of agencies of the State and which:

  • Does not represent State employees on matters within the scope of representation.

  • Is not affiliated with an employee organization.

  • Remains neutral in representational elections among State employees on the selection of an employee organization as an exclusive bargaining agent.

• If an employee organization wishes to represent employees and there is some question regarding its status, the hiring authority shall contact the Office of Labor Relations (OLROffice of Labor Relations) for clarification.

33010.6 Access to Work Locations

• Reasonable access to employee work locations during working hours shall be granted:

  • To employee organization officers and representatives on employment relations matters.

  • Where specific problems exist which necessitate the officer/representative seeing the work location to understand the situation.

  • Access to work locations shall not include visits for the purpose of solicitation of membership or routine contact.

  • The restrictions or limitations shall be for legitimate State purposes, such as safety, security, potential work disruption, undue State costs, etc.

  • No restrictions or limitations shall be applied, or not applied, on the basis of any antipathy or sympathy for or against employee organizations in general or particular.

• Approval

  • Representatives shall obtain the approval of the appropriate official or their designee before entering an employee work location. Requests shall be made through the employee relations office. The appropriate officials are:

    • An institution – Warden or Superintendent.

    • DAPODivision of Adult Parole Operations (formerly P&CSD) Regional Headquarters – Regional Parole Administrator.

    • DAPODivision of Adult Parole Operations (formerly P&CSD) Headquarters – Deputy Director, Division of Adult Parole Operations.

    • Headquarters – Assistant Secretary, Office of Labor Relations.

    • DAPODivision of Adult Parole Operations (formerly P&CSD) Parole Unit – Unit Supervisor.

    • DAPODivision of Adult Parole Operations (formerly P&CSD) Parole Outpatient Clinic – Chief Psychiatrist.

    • CalPIA Central Office – General Manager.

    • CCHCS Headquarters – Chief, Labor Relations Unit

33010.6.1 Barred Access

• Each Warden/Superintendent shall prepare a list of work locations to which access for the purpose of contact with an employee shall be barred because of security reasons. The list shall be:

  • Kept to a minimum consistent with institution security.

  • Available at the office of the Warden/Superintendent for inspection by representatives.

• Armed posts shall generally be excluded from visits by representatives.

• A disagreement between an employee organization and a Warden/Superintendent as to reasonableness of denying access to any given location shall be referred to the Assistant Secretary (ASAccounting Services (see ASB)), OLROffice of Labor Relations for review and determination.

• If a representative wishes to contact an employee assigned to a prohibited area, the meeting shall be arranged on the employee’s own time unless the organization will furnish qualified relief acceptable to the institution. Overtime funds are not available to permit an employee to be relieved for consultation.

33010.6.2 Escorted Access

• It is anticipated that employee organization representatives will be permitted access to most areas of the institution with the appropriate escort.

33010.6.3 Other Access

• Contact with an employee on the job shall be in a manner that eliminates the possibility of incidents or breaches of security.

• Representatives shall receive equal access treatment whether or not they are the Department employees.

• Representatives, employees of the Department or not, are subject to all laws, rules, and regulations governing entrance to and behavior within a correctional institution/facility.

• Employees may be allowed to engage in employee or organization business during working hours without loss of pay only when the business is specifically authorized by the appropriate MOUMemorandum Of Understanding or Department Operations Manual (DOMDepartment Operations Manual).

• Employees’ “own time” or “non-working hours” are lunch periods, regularly scheduled rest periods, and time before and after work.

• Access to a work location may be denied or delayed for reasons including safety, security, work load requirements, or other legitimate circumstances.

• When access is denied, reasonable alternatives should be provided to allow representatives to communicate with employees (e.g., providing space in a cafeteria or elsewhere in the institution/facility).

• If an employee representative requests meeting room space, an effort shall be made to comply with the request as long as space is available and the granting of the request will not violate any established rules, regulations, or policy.

33010.6.4 Trespass

• See CCRCalifornia Code of Regulations (Title 15) Section 3289.

33010.7 Posting and Distribution of Information

• Representatives may post, distribute, or place organization material in institution/appropriate parole office (district, unit, etc.) mail boxes when:

  • Prior approval of the appropriate administrator or employee relations officer as listed in DOMDepartment Operations Manual 33010 has been received.

  • The material does not advocate:

  • Unlawful or illegal activity.

  • Violation of departmental rules or regulations.

  • Material is not obscene, defamatory, lewd, vulgar, libelous, or slanderous.

  • Such activities do not adversely affect institutional security or operation.

• Approval to post or circulate material shall not in any way constitute endorsement by the Department of any of the statements contained in the material.

33010.8 U.S. Mail

• The Department shall allow employee organizations to send U.S.United States mail to employees at work addresses and shall make every effort to deliver mail to employee mail boxes if:

  • The mail is sent to the specific institution/parole office address.

  • The volume of mail does not increase to the point that additional resources are necessary to process it.

33010.9 Use of State Facilities and Time

• Uniform standards of treatment shall be applied to all employee organizations concerning the use of State facilities, equipment, and work time.

• Employee organizations may be granted the use of State facilities for organization meetings composed of the State employees, provided such meetings are outside regularly scheduled working hours and space is available.

• State time shall not be used for conducting or participating in employee organization business affairs including dues collection, organization meetings, and membership campaigns.

• All services provided employees through any employee organization involving use of institution facilities, grounds, equipment, or inmates shall be approved in writing by the Warden/Superintendent.

• Employees may, during assigned working hours, use a reasonable amount of State time to prepare and present grievances and to meet with management on issues and problems.

• Time spent by representatives on representation activities shall not qualify for, or result in, overtime compensation.

33010.10 Release of Information

• Non-confidential information pertaining to employer/employee relations may be made available to representatives, upon request.

• Each employee shall have the right to review the contents of his or her personnel file.

• Review of any portion of an employee’s personnel file by a representative requires written authorization of the employee.

• The DOMDepartment Operations Manual, Administrative Bulletins, and other statements of policy are not confidential and shall be made available for review upon request.

• In case of disagreement between an employee or employee organization and a representative of the Department as to the confidentiality of a given piece of information, the matter shall be referred to the Secretary through the Assistant Secretary, Office of Labor Relations.

33010.11 Grievance Procedure

• Employees shall attempt to reach acceptable solutions to problems or complaints through informal discussion with their supervisor and if necessary the supervisor’s supervisor.

• Equal Employment Opportunity representatives are available to assist in resolution of issues on an informal basis.

• If informal discussions fail to resolve the issue, a formal grievance may be filed as follows:

33010.11.1 Process

• Represented employees shall use STDStandard Form (DGS). Form 630, Employee Contract Grievance, in accordance with the provisions of the appropriate MOUMemorandum Of Understanding.

• Excluded employees shall use STDStandard Form (DGS). Form 631, Excluded Employee Grievance, in accordance with procedures on the back of the form.

33010.11.2 Health and Safety Grievance

• A health and safety grievance may be filed as follows:

  • Represented employees shall file in accordance with the provisions of the appropriate MOUMemorandum Of Understanding.

  • Excluded employees shall use STDStandard Form (DGS) Form 631, in accordance with the procedures outlined on the back of the form.

33010.12 Incompatible Activities and Outside Employment

• See CCRCalifornia Code of Regulations (Title 15) Section 3413.

33010.13 Confidentiality of Employee Personnel Files

• Information from employee personnel files shall be disclosed in accordance with the provisions of DOMDepartment Operations Manual 13040 and 13050 of this manual.

33010.14 Employee Housing

• Employee quarters shall primarily be used to:

  • Provide temporary housing for new employees while they seek permanent housing.

  • House interns and trainees.

• If necessary to vacate rooms for these purposes, the person(s) with the longest occupancy shall be asked to vacate.

• CalHRCalifornia Department of Human Resources (formerly DPA and SPB) defines housing accommodations.

• Monthly rental rates are determined by the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) or by negotiation with the bargaining units.

• Only those articles of household furnishings included in the “Maximum List of Basic Furnishings for Housekeeping Quarters to be Provided by the State,” prepared by Department Of Finance (DOFDepartment Of Finance), may be supplied to housekeeping apartments and homes.

33010.15 Vacation Credits

• The limit on the number of hours that may be accumulated during a calendar year is established by:

  • The appropriate MOUMemorandum Of Understanding for represented employees.

  • CalHRCalifornia Department of Human Resources (formerly DPA and SPB) rules for nonrepresented employees.

33010.15.1 Vacation Credit Carry‑Over

• Represented Employees

  • By June 1 of each calendar year, represented employees whose vacation balance exceeds, or could exceed by December 31, the vacation cap allowed by their MOUMemorandum Of Understanding shall submit to their supervisor for approval a written plan to bring their vacation balance below the cap.

  • If an employee fails to submit a written plan or adhere to an approved plan, the employee’s supervisor shall order the employee to take sufficient vacation to reduce the actual or potential vacation balance to below the authorized cap.

  • If it is unavoidable that the employee cannot use the scheduled time due to emergency, sick leave, or unanticipated operational needs, the employee shall be allowed to reschedule the time to be taken.

• Non-Represented Employees

  • By June 1 of each calendar year, non-represented employees whose vacation or annual leave balances exceed, or could exceed by December 31, the vacation or annual leave cap permitted by CalHRCalifornia Department of Human Resources (formerly DPA and SPB) rules shall submit to their supervisor for approval a written plan to bring their vacation or annual leave balance to the amount permitted prior to January 1 of the following year.

  • If the employee fails to take off the required number of days/hours by January 1, the appointing power shall require the employee to take off the excess hours at the convenience of the Department during the following calendar year.

  • If it is unavoidable that the employee cannot use the scheduled time due to emergency, sick leave, or unanticipated operational needs, the employee shall be allowed to reschedule the time to be taken.

  • Non-represented employees whose vacation or annual leave balances exceed their maximum cap on January 1 shall not have the excess deducted from their balances.

33010.15.2 Catastrophic Leave Program

• The Catastrophic Leave program was established in 1985 for excluded (non-represented) employees by CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rules 599.925 and 599.925.1 and in 1988 for represented employees by their respective bargaining unit contracts. Under this program, employees may receive paid leave donations if:

  • They are suffering from an incapacitating illness/injury (nonwork related) and are financially burdened because they have depleted all of their accrued leave credits.

  • They need to take an extended period of time off from work to care for an incapacitated family member and they are financially burdened because they have depleted all of their accrued leave credits.

  • They are unable to work because of the effect of a natural disaster on their principal residence (in a county declared as a State of Emergency by the Governor) and they are financially burdened because they have depleted all of their accrued leave credits (excluding sick leave).

  • They are taking extended time off after childbirth and are financially burdened, because they have depleted all of their accrued leave credits (excluding sick leave).

• The following are general Catastrophic Time Bank (CTBCatastrophic Time Bank) provisions. The Secretary has delegated authority to approve/deny CTBCatastrophic Time Bank request and to review appeals as follows:

  Division	Initial Request	Appeals
  Executive Office	Undersecretary	Secretary
  Institutions	Warden / Superintendent	Director
  DAPODivision of Adult Parole Operations (formerly P&CSD) Regions	Regional Parole Administrator	Director
  DAPODivision of Adult Parole Operations (formerly P&CSD) Headquarters	Deputy Director	Director
  Legal Affairs	Chief Deputy General Counsel	Assistant Secretary / General Counsel
  Facility Planning, Construction, and Management	Deputy Director	Director
  Administrative Services	Deputy Director	Director
  Correctional Health Care Services	Director	Undersecretary

• To establish a CTBCatastrophic Time Bank, a CDC Form 868, Catastrophic Time Bank (CTBCatastrophic Time Bank) Request, shall be completed and submitted to the employee’s local personnel office by the employee or the employee’s representative if the employee is incapacitated. All requests to establish a CTBCatastrophic Time Bank are subject to CalHRCalifornia Department of Human Resources (formerly DPA and SPB) laws and rules/contract provisions. Note: CTBCatastrophic Time Bank requests shall not be processed without the consent of the employee or the employee’s representative; this is to protect the employee’s right to privacy.

• Upon receipt of the CTBCatastrophic Time Bank request, the approval authority has five working days in which to review the request, approve/deny the CTBCatastrophic Time Bank, and forward the form to the appropriate local personnel office.

• The approval authority shall name the person(s) designated to advertise for donations at the time the CTBCatastrophic Time Bank request is approved. The responsibility may be delegated to a single individual or several persons.

• To make CTBCatastrophic Time Bank donations, employees shall complete and submit a CDC Form 869, Catastrophic Time Bank Donation Authorization, to the CTBCatastrophic Time Bank recipient’s personnel office. All CTBCatastrophic Time Bank donations from nonrepresented employees are subject to their contract provisions. Exceptions to the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) laws and rules/various contract provisions must be requested and approved.

• If there is an indication of a substantial change in the nature of the illness/injury, the local Return-to-Work Coordinator (RTWCReturn To Work Coordinator) or Medical Officer (MO) (on a case-by-case-basis), may be contacted by personnel office staff. The RTWCReturn To Work Coordinator/MO shall then contact the recipient/representative within three working days to obtain the medical status of the ill/injured person, verify the continued need for CTBCatastrophic Time Bank leave, and notify the local personnel office when a decision is reached.

• CTBCatastrophic Time Bank donations shall not be used to augment any benefits received due to a work-related injury or illness.

• Personnel office staff shall direct all questions regarding appeals to the headquarters OLROffice of Labor Relations’s.

• In all cases where the CTBCatastrophic Time Bank recipient dies, donations shall not be accepted unless dated and signed on or before the date of death of the recipient. All unused donations received through the date of death of the recipient shall become part of the recipient’s estate.

• Upon expiration of the CTBCatastrophic Time Bank for a reason other than death, all unused donations shall be returned to donors on a last received first returned basis, 60 days after the employee returns to work.

33010.16 Employee Holidays

• Holidays to which all employees are entitled are as follows:

  • First day of January.

  • Third Monday of January.

  • Third Monday of February.

  • Last Day of March

  • Last Monday of May.

  • Fourth day of July.

  • First Monday of September.

  • Eleventh day of November.

  • Fourth Thursday of November.

  • Day after Thanksgiving.

  • Twenty-fifth day of December.

  • Day chosen by an employee (Personal Holiday).

  • Every day appointed by the Governor of this State for a public fast, Thanksgiving, or holiday.

  • When a holiday falls on a Sunday, the following Monday shall become the holiday.

  • If November 11 falls upon a Saturday, the preceding Friday shall be the holiday.

• Refer to the MOUMemorandum Of Understanding as it shall be the controlling factor if the provisions of Government Code (GCGovernment Code) 19853 are in conflict with the bargaining agreement.

• The legal holidays may be observed or celebrated in the institutions, in accordance with approved practices. This does not imply that all legal holidays shall be observed by work stoppage or special programs for the inmate population.

33010.16.1 Holiday Time Credit

• Holidays falling on an employee’s day off shall be credited to an employee pursuant to current administrative practices, contract MOUMemorandum Of Understanding provisions, and consistent with GCGovernment Code 19853.

• Special holiday pay provisions for employees working shifts other than Monday through Friday, who work on holidays, are specified in the MOUs.

33010.17 Exchange of Duty Assignments

• Employees may be permitted to exchange hours and/or days of work if allowed by their respective bargaining unit MOUMemorandum Of Understanding.

• Process

  • SWAP requests shall be:

    • Submitted no less than 24 hours in advance.

    • Signed by both employees.

    • Approved by immediate supervisor(s).

    • Completed within the timeframes outlines in the respective bargaining unit MOUMemorandum Of Understanding.

• Employees exchanging SWAPS shall not be entitled to any additional compensation that they would not otherwise receive.

  • For example:

    • Overtime.

    • Overtime meals.

    • Holiday pay/credit.

    • Shift differential.

33010.17.1 Employee Responsibility

• Employees shall be responsible for work assignments they accept.

• Failure to report for SWAPS may result in SWAP restriction and/or administrative action in accordance with the respective bargaining unit MOUMemorandum Of Understanding.

33010.18 Watch Assignment Preference by Seniority

• Watch assignment preference by seniority shall:

  • Apply to Lieutenants, Sergeants, and Officers.

  • Apply to 60 percent of the positions on each watch.

  • Not apply to camps and Community Correctional facilities.

  • Post assignments by each watch shall be at management’s discretion.

• The following Lieutenant positions shall be exempt from watch preference:

  • Personnel Assignment.

  • In-Service Training.

  • Public Information Officer/Administrative Assistant.

  • Investigations.

• Assignment of probationary employees shall be based on their training needs. The Public Information Officer position requires the participation of the ASAccounting Services (see ASB), Office of Public and Employee Communications, in the selection/interview process.

• Watch preference shall be based on the lieutenant’s seniority within the classification at the time of the request. Participation is voluntary and those who elect to participate must submit their request to the Custody Captain by November 30 of each year. Lieutenants shall be placed into the designated available assignments by watch in February of each year. All assignments shall be published on the Custody Personnel Movement Sheet.

• Relief position determination shall be based on the watch in which the majority of work shifts occur. For example, two Second Watch shifts and three Third Watch shifts is considered a Third Watch assignment.

• Lieutenants removed from an administratively assigned position shall be assigned at the discretion of the Warden. However, the assignment may not result in the displacement of a Lieutenant who was assigned to the watch by seniority bid.

• Lieutenant assignment rotations shall occur in two year intervals. Exceptions to the two year rotation may be made by the Warden for operational necessity. Retention of a Lieutenant in a specific assignment beyond four years shall be approved in writing by the respective Regional Administrator (RA).

• Lieutenant positions outside the institutions, such as Camp Commanders, Background Investigations, etc., shall be filled by an impartial and competitive hiring process.

33010.18.1 Rosters by Seniority

• Each institution shall maintain a seniority roster of:

  • Lieutenants.

  • Sergeants.

  • Senior Youth Counselors (DJJDivision of Juvenile Justice (formerly CYA))

  • Youth Correctional Counselors (DJJDivision of Juvenile Justice (formerly CYA))

  • Officers.

  • Probationary Lieutenants.

  • Probationary Officers.

  • Probationary Sergeants.

  • Permanent Intermittent (PIPermanent Intermittent) Officers.

  • Watch assignments.

33010.18.2 Seniority Status

• The Officers’ (including intermittent employees) seniority shall be in accordance with MOUMemorandum Of Understanding, Bargaining Unit 6.

• Seniority for employees (including intermittent employees) in all other bargaining units shall be in accordance with their respective MOUs.

• Correctional Sergeant and Correctional Lieutenant seniority shall be based on:

  • Total service in class as a permanent employee without a break in service; or

  • Any qualifying pay periods earned in limited-term assignments, in class, if the employee changes tenure from limited-term to permanent without a break in service.

• When a limited-term assignment is terminated or when an employee is rejected on probation, i.e., Captain back to Correctional Lieutenant and/or Correctional Lieutenant back to Correctional Sergeant, the seniority accrued in the higher classification shall be calculated into the former supervisory classification to which the employee is returning.

• An employee who accepts a transfer to a non-custody classification but does not leave the Department shall receive credit for the previous seniority earned upon returning to his or her former classification.

• Ties in seniority shall be broken first by considering an employee most senior based on combining total class seniority with the total continuous state service. If a tie still exists, it shall be broken by examining the last four digits of each employee’s social security number. The employee with the highest four digits will be considered the most senior. For example, last four digits 6321 are higher than last four digits 1978.

• A break in State service (as defined by CCRCalifornia Code of Regulations, Title 2, Division 1, Section 6.4) of 12 months or more shall result in the loss of all seniority credits.

33010.19 Permanent Intermittent (PI) Requirements

• Each institution shall maintain a roster of PIPermanent Intermittent Officers.

• The number of hours a PIPermanent Intermittent may work may be increased to ensure that the institutions have sufficient PIs to cover their needs. To exceed 1,500 hours in any calendar year, requires written departmental approval.

33010.20 Seniority for Vacation Scheduling

• Vacation scheduling for rank and file employees shall be in accordance with their respective MOUMemorandum Of Understanding for the bargaining unit.

• Vacation scheduling for excluded employees and rank and file employees, when not specifically addressed in their MOUMemorandum Of Understanding, shall:

  • Be by seniority in grade (i.e., total service in classification at any institution/facility or office).

  • Be consistent with the needs of the institution/facility.

  • Ensure an adequate work force to maintain the security and operation of the institution/facility or parole region.

33010.21 Employee Opportunity Transfer

• The Department recognizes the benefit of allowing represented employees the opportunity to make voluntary lateral job transfers.

• The needs of the State shall be given first priority when a vacant position is filled. The needs include, but are not limited to:

  • Special skills.

  • Abilities.

  • Aptitudes.

• The Department shall have the right to fill vacant positions using the existing eligible or promotional lists, voluntary or involuntary transfers, reassignments, or other selection methods.

• Process

  • Employees desiring interdepartmental transfer shall submit a CDC Form 923, Employee Opportunity Transfer Application, with a STDStandard Form (DGS) Form 678, State Application Form, attached. Parole Agents desiring interdepartmental transfer shall submit a CDCRCalifornia Department of Corrections and Rehabilitation Form 923-PART, Parole Agent Request for Transfer, with a STDStandard Form (DGS) Form 678 attached, to the hiring authority’s Regional Parole Headquarters. Requests shall be in compliance with the appropriate MOUMemorandum Of Understanding.

  • When a hiring authority elects to fill a vacancy through a transfer, the selection shall be as specified in the appropriate MOUMemorandum Of Understanding.

  • The effective date of transfer shall be agreed upon by the sending and receiving hiring authority, but no later than 30 days following approval.

• Time Credits

  • When transferring employees have an accumulation of compensating time off, holiday credits, or other administrative time, the employee should be allowed to use this time prior to transfer. If it is not possible, the employee shall be allowed to transfer credits.

  • Use and/or transfer of credits shall be agreed upon by the sending and receiving hiring authority.

  • Incidents affecting the employees’ performance occurring between the time of transfer approval and the transfer date shall immediately be brought to the attention of the receiving hiring authority.

• Adverse Action Pending

  • The Assistant Secretary of the Office of Labor Relations shall review and approve any request for transfer of an employee who has an adverse action pending.

33010.21.1 Hardship Transfer

• Employees who demonstrate a hardship may be considered for transfer to another institution/facility/program.

• The hiring authority at the sending and receiving institution/facility/program may refuse to approve a hardship transfer request.

• A hardship transfer shall only be allowed when the following criteria have been met:

  • Circumstances creating the hardship developed after the employee reported to the institution/facility/program.

  • Circumstances are related to the employee’s immediate family (including spouse, children, step-children, parents, parents-in-law) residing in the employee’s immediate household.

  • Circumstances involve health or personal problems expected to continue for at least 90 days.

  • Circumstances have been documented by physician’s statement or other official records.

  • Alternatives to the hardship transfer have been explored and determined to be not feasible.

  • The hiring authority at the receiving institution/facility/program reviewed the employee’s personnel file and is willing to accept transfer, subject to the availability of a suitable job opening.

33010.21.2 Probationary Employees

• Generally, transfer requests shall only be considered if the employees have permanent status in their present classification. This allows:

  • The employee to demonstrate he/she can satisfactorily perform the duties of the class in which he/she is serving probation prior to being moved to different surroundings and new supervisors.

  • Opportunity to consistently evaluate the employee’s work performance and his/her ability to perform the work of the class.

• Requests shall be reviewed to determine if it is preferable to delay transfer until completion of probation.

• The hiring authority at either the sending or receiving institution/facility/program may refuse such transfer.

• Hardship transfers for custody classifications occurring within the probationary period require the approval of the Director, Division of Adult Institutions.

• For employees transferred in current probationary class, the length of probation remains unchanged.

  • If the requested transfer is to another class, the employee shall meet the standards governing transfers between civil service classes.

  • Serve a new probationary period unless waived by the hiring authority under provisions of the GCGovernment Code.

33010.22 Involuntary Transfer

• An appointing power may involuntarily transfer employees to vacant positions (under the jurisdiction of the Department to deal with Budget reductions and the impact of resulting layoffs, changes in office function or location, reorganization, or the activation of new work sites (e.g., parole offices, facilities). There may be additional causes, however the decision to implement involuntary transfers as a solution are management-initiated and may be in the same or a different geographical location. When such a transfer reasonably requires an employee to change residence, the appointing power shall give the employee written notice of transfer 60 days prior to the effective date of the transfer. Departmental policy prescribes that an employee subject to an involuntary transfer which does not require a change in residence shall be given 30 days advance notification.

33010.22.1 Authority

• GCGovernment Code:

  • GCGovernment Code 19841 provides the right to moving and relocation expenses when all criteria are met.

  • GCGovernment Code 19050.5 states that involuntary transfer of an employee may be made to a different classification under the jurisdiction of the appointing power, however, advance approval of the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) is required.

  • GCGovernment Code 19994.1 states that 60 days written advance notice of involuntary transfer is required, unless the employee waives this right, when a change in the employee’s residence is reasonably required.

  • GCGovernment Code 19994.2 states that the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) may determine the method by which employees are selected for involuntary transfer when two or more employees are involved.

• CalHRCalifornia Department of Human Resources (formerly DPA and SPB):

  • CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rule 434 describes involuntary transfer between classification: When the transfer between classifications is not voluntary on the part of the employee, the classification to which the employee is transferred shall have prior executive officer (CalHRCalifornia Department of Human Resources (formerly DPA and SPB)) approval.

  • Rule 599.714 defines “reasonably required to relocate” as stated in GCGovernment Code 19994.1. The employee is reasonably required to change residence, and therefore, receives 60 days advance written notice of involuntary transfer, when the following criteria are met:

    • At least 35 miles between the old headquarters and the new headquarters.

    • At least 35 miles between the old residence and the new headquarters.

• Regardless of whether the employee chooses to change residence, a 60-day written advance notice must be given when the above criteria are met.

• Additionally, an employee is entitled to moving and relocation expenses when all of the following criteria are met:

  • At least 35 miles between the old headquarters and the new headquarters.

  • At least 35 miles between the old residence and the new residence.

  • At least 35 miles between the old residence and the new headquarters.

  • The new residence shall not be farther from the new headquarters than the old residence is from the new headquarters.

• For further information on moving and relocation expenses, contact the Travel Coordinator at the CDCRCalifornia Department of Corrections and Rehabilitation Corcoran Regional Accounting Office, Travel Unit.

• MOUMemorandum Of Understanding:

  • If this policy is in conflict with a MOUMemorandum Of Understanding reached pursuant to GCGovernment Code 3517.5, the MOUMemorandum Of Understanding shall be controlling without further legislative action, except if the MOUMemorandum Of Understanding requires the expenditure of funds, it shall not become effective unless approved by the Legislature in the annual Budget Act.

33010.22.2 Policy, Standards, and Guidelines

• General Policy

  • It is the policy of the Department to minimize employee hardship resulting from management-initiated organizational changes by attempting to accommodate such employees via voluntary means prior to involuntary means.

  • A “Notice of Involuntary Transfer” will be issued only after the Department has attempted to place the employee through the Departmental Restriction of Appointments (DROADepartmental Restrictions Of Appointment) process (when practical*). The DROADepartmental Restrictions Of Appointment process is administered by the Office of Workforce Planning (OWP). The employee(s) is informed in writing of his/her surplus status in the Department and the available options are explained. For further information on the DROADepartmental Restrictions Of Appointment process, contact OWP.

  • A department may place its employees on the State Restriction of Appointments (SROAState Restrictions Of Appointment) list and designate them as surplus only when CalHRCalifornia Department of Human Resources (formerly DPA and SPB) has recognized that the department is in a layoff mode. Placement on the SROAState Restrictions Of Appointment list is limited by CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rule 599.854.1 to those employees who are actually subject to layoff or demotion in lieu of layoff. Employees facing involuntary transfer do not meet the aforementioned criteria and therefore are not eligible for SROAState Restrictions Of Appointment.

    • *In the event of an office closure (e.g., Parole Unit, Office, Facilities), program abolishment, or downsizing, the time involved to offer the DROADepartmental Restrictions Of Appointment process to the affected employees may not be practical. The impending closure of an office, program abolishment, or downsizing may necessitate that the involuntary transfer process be initiated immediately. However, this type of urgent need should be rare. Office closure, program abolishment, or downsizing should be a well-planned management decision which includes the appropriate amount of lead time to effectuate employee placement and give optimum advantage and opportunity to the affected employee(s). A minimum of 90 days advance written notice to OWP will ensure sufficient time for preparation.

33010.22.3 Responsibilities

• Organization

  • The organization (e.g., parole region, facility) experiencing the budget reduction, closure of an office, deactivation, etc. provides OWP with a written notice describing the cause of the surplus and need for involuntary transfer and sends a copy to the Office of Labor Relations (OLROffice of Labor Relations) and the Regional Accounting Office. The classifications and the names of all employees holding appointments in those classifications shall be listed. Any special circumstances surrounding the need for involuntary transfer should be explained. A contact person from the organization shall be identified to act as liaison between the organization and OWP on the process. CDC Form 1822, Involuntary Transfer Worksheet, and Request to Implement Involuntary Transfer Process are to be completed and attached to the memorandum to OWP. It is imperative that OWP be notified as soon as the anticipated involuntary transfer of employees is realized. Ninety days advance written notice will ensure sufficient time for OWP to effect the involuntary transfer of surplus staff. This advance notice will relieve the organization of their surplus situation in a timely manner.

• Office of Workforce Planning

  • Upon receipt of written notice of an anticipated need to involuntarily transfer employees, OWP staff will review the request, outline the process, and meet with organization staff to discuss the process.

  • There may be specific Bargaining Unit (BU) requirements, seniority calculations, or other considerations to be made prior to the movement of employees. It is essential to carefully review the current MOUMemorandum Of Understanding for the method of seniority calculation to be used for involuntary transfer.

  • The need to involuntarily transfer employees often varies in that a “surplus” of employees may or may not require that the seniority of all employees in the classification is calculated to ensure that the least senior employees are transferred.

  • Following are conditions under which involuntary transfer may be necessary:

    • There are 50 employees in the classification of Office Assistant (OAOffice Assistant) (Typing) (T) and the program has 50 authorized budgeted OAOffice Assistant (T) positions. The program is required to reduce their OAOffice Assistant (T) positions by 10 percent which equates to five positions. In order to identify the five least senior employees who will be subject to involuntary transfer to vacant OAOffice Assistant (T) positions elsewhere in the Department, seniority must be calculated for all 50 employees. OWP will order seniority from CalHRCalifornia Department of Human Resources (formerly DPA and SPB) and effectuate the involuntary transfer of the five least senior employees.

    • The closure and movement of an office.

    • A field office is being closed due to the conclusion and nonrenewal of the lease. Another office in another location has been obtained and leased for a lesser cost. Transferring the employees to the new office location would not necessitate seniority calculations, as long as all the employees are being transferred to the same location (new office). However, the employees and affected unions must be given notice consistent with policy, applicable laws, and MOUs. OWP would initiate the notices.

    • Abolishment of a program.

    • A vocational program is abolished. There are two positions and both are filled. This classification is used elsewhere in the Department. The classification is frozen through the DROADepartmental Restrictions Of Appointment process.

      • OWP staff and the Institutional Personnel Officer explore options available to the affected employees such as voluntary transfer to other classifications.

    • If there are other vacant positions in this classification in the Department, OWP will order seniority scores from CalHRCalifornia Department of Human Resources (formerly DPA and SPB) and implement the involuntary transfer of staff. If the vacant positions exist in separate locations, the most senior employee is offered first choice.

    • OWP prepares and assures the delivery of CDC Form 1822, in accordance with this policy, applicable laws, MOUs, or other negotiated agreements between the State and the unions.

• Office of Labor Relations

  • The OLROffice of Labor Relations receives a copy of the initial notice sent to OWP of the possible involuntary transfer of employees. The OLROffice of Labor Relations staff reviews any MOUMemorandum Of Understanding restrictions or requirements with regard to those represented employees affected by an involuntary transfer. Notification of the union(s) is made by OLROffice of Labor Relations staff. If requested by the union, a meet-and-confer on impact will be scheduled. A coordinated effort between OWP and OLROffice of Labor Relations is essential to effectuate a smooth transition of affected employees.

• Accounting Services

  • The Relocation Coordinator located at Sacramento Accounting Office (SAO) receives a copy of the initial notice sent to OWP of the possible involuntary transfer of employees. The SAO will address any concerns of the employee(s) regarding claiming relocation and moving reimbursement after CDC Form 1822 has been delivered. Upon authorization for the move, the SAO will send a moving and relocation package to the employee. The STDStandard Form (DGS) Form 255, Moving Service Authorization, is included in the package to the employee.

  • The employee may receive relocation payment or reimbursement of actual and necessary moving, traveling, lodging, and meal expenses when the employee is required to change residences, as a result of an involuntary transfer for the advantage of the State or a transfer in lieu of layoff.

  • The actual and necessary relocation expenses incurred by a relocating employee, both before and after the change of residence, are defined and controlled pursuant to the State Administrative Manual (SAMState Administrative Manual) 0721 through 0774, 3800 through 3885, 8572.1 and DPADepartment of Personnel Administration (see CalHR) Rules 599.714 through 599.724.

  • Actual and necessary moving expenses include the following (the amounts are subject to change; consult with the SAO for current per diem rates, etc.):

    • Meals, lodging, and incidental expenses while locating a permanent residence at the new headquarters within the limits of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rules 599.721 and 599.722. Relocation per diem is allowed up to a maximum of 60 days and shall terminate immediately upon establishment of a permanent residence.

      • The BU contract should always be referenced to obtain per diem and other expense allowances at the time the transfer is to be made.

    • Although some expenses do not require receipts in order to receive reimbursement, the employee should retain sufficient documentation as proof that the amounts claimed do not exceed actual expenses in the event they are audited by the Internal Revenue Service.

    • Movement of household goods are allowed within the limitations of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rules 599.718 and 599.719.

    • Expenses incurred for dissolution of the household and/or establishment of the new household are allowed in accordance with CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rule 599.715.

    • Expenses incurred for the actual and necessary cost to sell a residence will be reimbursed as determined by prevailing practices within the area of the sale and within the limitations of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rule 599.716.

    • The settlement of an unexpired lease agreement up to the maximum of one year will be reimbursed within the limitations of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rule 599.717.

  • When involuntary transfer is utilized in lieu of employee layoff and/or due to budget reductions, the Department may negotiate a lesser relocation package than the procedures listed above. The above procedures and rules are governed by CalHRCalifornia Department of Human Resources (formerly DPA and SPB), SAMState Administrative Manual, and the employee’s BU contract; however, the Department has the discretion to modify or eliminate certain portions of the relocation expense reimbursement with the agreement of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) and the appropriate BU. An example of a modified package may include 30 days of per diem expense, 30 days of storage, movement of household goods, and the elimination of the sale of residence reimbursement.

  • Upon receipt of a Std. Form 262, Travel Expense Claim, the SAO will process the claim within 30 days.

• Employee

  • The employee may waive the 30-day or 60-day notice and choose to report to the new headquarters at an earlier date; however, no employee shall be coerced or forced to waive his/her right to such notice. Employees shall be assured that they will not be subject to reprisal, if they do not waive this right. An employee has the right to file an appeal with CalHRCalifornia Department of Human Resources (formerly DPA and SPB), if he/she believes the involuntary transfer is being made for the purpose of harassment or discipline.

  • An employee faced with involuntary transfer cannot elect to voluntarily demote and displace a lower senior employee in order to remain at the “old headquarters.” An employee who refuses an involuntary transfer may seek a permissive transfer to another agency; seek a permissive transfer to a vacant position in the Department; resign in lieu of the transfer; or retire, if eligible. If the employee fails to report to the new headquarters as instructed, he/she may be separated (Absent Without Leave {AWOLAbsent Without Leave}) five working days after the effective date of the involuntary transfer (in accordance with the California Supreme Court decision Coleman vs. DPADepartment of Personnel Administration (see CalHR) and General Services), or be subject to other types of adverse action.

  • For BU 6 employees, the MOUMemorandum Of Understanding recognizes additional procedural steps when processing an AWOLAbsent Without Leave separation. Therefore, the Department may elect to use the Adverse Personnel Action procedures to process an AWOLAbsent Without Leave separation for BU 6 employees. When making a determination as to which process to use, program staff should consult with OLROffice of Labor Relations and OWP for guidance.

33010.23 Examination Application Acceptance Policy

• Examination bulletins publicize final filing dates designed to allow a reasonable time for interested persons to file an application on or before the final filing date.

• Strict adherence to filing dates is required by the CalHRCalifornia Department of Human Resources (formerly DPA and SPB).

• Applicants are encouraged to file early to ensure timely receipt of their applications.

33010.23.1 Timeliness Determination

• If a mailed application is received after the final filing date, the cancellation date stamped on the envelope by the post office is used to determine whether the application was mailed on or before the final filing date. The applicant shall ensure the application is postmarked on or before the final filing date.

• Applications placed in interdepartmental mail and not received on or before the final filing date shall be considered to be late applications. To avoid this, mail at a post office and obtain a certificate of mailing receipt. This is acceptable proof that the application was submitted timely.

• Following are the conditions under which late applications typically shall not be accepted:

  • The applicant claims he/she did not see the bulletin because of distribution problems within the reporting unit.

  • The applicant gave an application to another person to turn in to the office that is administering the examination, but it is not received on or before the final filing date.

  • The applicant claims the application was mailed, placed in interdepartmental mail, or hand-delivered to the Office of Workforce Planning (OWP) or the local testing office on or before the final filing date.

    • A late application may be accepted under this condition only if the applicant has a written statement from a post office official or other witness who verifies the application was mailed on time.

  • Application is postmarked after the final filing:

    • If the post office verifies, in writing, this was caused by post office error, the application shall be accepted.

• Following are the conditions under which late applications may be considered:

  • The hiring authority verifies in writing that the examination bulletin was not received by the local testing unit because of bulletin distribution problems and prevented the employee from being properly notified.

  • The unit manager verifies the employee was away from his/her work during the entire publicity period.

  • The application delay was caused by OWP or field office staff error (for instance, an application was returned to an applicant in error).

  • The application was submitted in error to the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) or to another state department’s Personnel Office and was either postmarked on or before the final filing date or date stamped by that department’s personnel office.

33010.23.2 Examination Bulletin Distribution

• Examination bulletins are sent to all reporting units in Headquarters (including off-site units), institutions, and Regional Parole Headquarters and parole units.

• The local manager shall ensure all examination bulletins are posted in a place visible to all employees.

• Employees shall be responsible to keep themselves informed of testing for classes currently being administered.

33010.23.3 Testing Information

• Office of Workforce Planning (OWP) Front Counter Number (916) 322-6791

• Office of Peace Officer Selection (OPOS) Customer Service Phone Number 866-232-5627

  • Northern Selection Center (Sacramento)

    • (916) 255-2500 – Testing

    • (916) 255-2500 – Background Investigation

  • Central Selection Center (Fresno)

    • (559) 445-6141 – Testing

    • (559) 445-5770 – Background Investigation

33010.24 Reduced Worktime Policy

• The Department shall make available, to the extent feasible, reduced worktime to requesting employees.

• Employees shall submit a request to the appropriate hiring authority.

• The hiring authority shall make a written response within 30 days either granting approval or explaining why reduced worktime is not feasible.

33010.24.1 Impact Consideration

• Reduced worktime schedules may impact:

  • Costs.

  • Service to public/clients.

  • Health and safety.

  • Administrative considerations.

  • Supervision.

  • Span of control.

  • Workload.

  • Other factors.

• Planning and scheduling may minimize or eliminate the impact, and the request may be feasible.

• When impact is of significant extent, and planning and scheduling does not alleviate the impact, the requests may not be feasible.

33010.24.2 Peace Officer Exclusion

• Employees in peace officer classifications shall be precluded from reduced worktime provisions.

33010.25 Nepotism/Fraternization

• The Department has established policies to counteract nepotism and fraternization in
  the workplace.

  • Policy

    • It is the policy of CDCRCalifornia Department of Corrections and Rehabilitation to recruit, hire, and assign all employees on the basis of merit and fitness in accordance with civil service statutes, rules, and regulations.  This policy is intended to uphold the merit principle of civil service by preventing and prohibiting preferential treatment or bias due to personal relationships.  Nepotism is antithetical to a merit-based personnel system and staff shall not use their personal relationships to aid or hinder others in the employment setting.  CDCRCalifornia Department of Corrections and Rehabilitation reserves the right to initiate mandatory reassignments, employee transfer, or take other administrative action to avoid or correct situations where the potential for employment decisions based on nepotism exists.

  • Personal Relationship Defined

    • For purposes of this section, personal relationships include, but are not limited to, an association with another individual by blood, adoption, foster arrangement, cohabitation, current or previous marriages (including in-laws), registered domestic partnership, or romantic relationships.

  • Hiring Authority, Manager, or Supervisor Responsibilities

    • The hiring authority, manager, or supervisor must ensure their candidates and employees are aware of the departmental nepotism and fraternization policy, including reporting requirements.  The hiring authority, manager, or supervisor shall consider the nepotism and fraternization policy prior to making employment decisions.  The hiring authority, manager, or supervisor must inform candidates of the nepotism and fraternization policy at the time of interview.  As part of the interview process for any position, regardless of whether the candidate is a current employee, each candidate shall be required to sign a CDCRCalifornia Department of Corrections and Rehabilitation Form 8019, Nepotism and Fraternization PolicyAcknowledgement form to confirm their understanding of this policy.  In addition, the hiring authority, manager, or supervisor must take appropriate action to correct violations of this policy.  The hiring authority, manager, or supervisor is responsible for requesting an exception/appeal to the policy if necessary (refer to Exception/Appeal Procedures below).  Exceptions/appeals to the policy may be granted under limited circumstances. 

  • Employee Responsibilities

    • Upon hire employees shall complete and submit a CDCRCalifornia Department of Corrections and Rehabilitation Form 8019 to their hiring authority, manager, or supervisor.

    • Employees shall immediately notify the hiring authority or their respective supervisor when an employment decision is in conflict with the departmental nepotism and fraternization policy.  It is the employee’s responsibility to read and adhere to the nepotism and fraternization policy.

  • Employment Settings

    • Employment settings refer to the working relationships of employees and their supervisors.  Employees involved in personal relationships may work in the same program, section, or unit as the person with whom they have a personal relationship, however, in accordance with applicable State employment laws and collective bargaining agreements employment settings shall not exist where an employee would:

      • Work for the same first-line supervisor as the person with whom they have a
        personal relationship.

      • Have a direct (first line supervisor), or indirect (second line supervisor) supervisory relationship as the person with whom they have a
        personal relationship.

      • Work under a hiring authority with whom they have a personal relationship, regardless of departmental separation.

  • Employment Decisions

    • Employment decisions refer to the full array of assessments and actions that involve CDCRCalifornia Department of Corrections and Rehabilitation and employees and their employment.  Employees involved in personal relationships may work in the same program, section, or unit as the person with whom they have a personal relationship, however, employment decisions shall not be made where an employee involved in a personal
      relationship would:

      • Audit the work of, or exercise fiscal control over a person with whom they have a personal relationship, regardless of organizational separation.

      • Hire, promote, transfer, or approve an out-of-class, or re-assignment of a person with whom they have a personal relationship.

      • Participate in the selection process, including assisting with the development of screening criteria and/or interview questions, or serve on a hiring panel of a person with whom they have a personal relationship.

      • Develop, administer, or rate a civil service examination of a person with whom they have a personal relationship.

      • Initiate an administrative investigation or be involved in the discipline process of a person with whom they have a personal relationship.

      • Assign work to a person with whom they have a personal relationship, except in a rare emergency situation.

      • Prepare, conduct, or contribute information on a performance appraisal of a person with whom they have a personal relationship.

      • Approve overtime or any other compensated time/pay of a person with whom they have a personal relationship, when it is on a voluntary basis and another supervisor is available.

      • Approve vacation, sick, or any other type of leave of a person with whom they have a personal relationship, when another supervisor is available.

      • Grant or deny permission to attend a conference or other work-related event of a person with whom they have a personal relationship.

      • Approve reimbursement for work related expenses of a person with whom they have a personal relationship.

      • Adversely affect or influence the safety, security, or morale of employees of a program, section, or unit.

      • Adversely affect or influence the fair and impartial supervision and evaluation of employees.

  • Exception/Appeal Procedures

    • When the employment setting or employment decision violates the departmental nepotism and fraternization policy, the hiring authority, manager, or supervisor shall request and receive approval prior to making an employment decision.  Actions to remediate noncompliance may include an involuntary transfer of employees, in accordance with applicable State employment laws and collective bargaining agreements.  Under no circumstances should an employee participate in the defined employment decisions with an employee, applicant, or candidate with whom they have a personal relationship.

    • The exception/appeal procedures are as follows:

      • A written request shall be submitted through the immediate manager or supervisor to the hiring authority, which clearly defines the personal relationship, and the benefit(s) to the State that an exception/appeal would provide (e.g., overcoming a recruitment difficulty or obtaining a uniquely
        skilled person). 

        • For CDCRCalifornia Department of Corrections and Rehabilitation: Exception/appeal requests involving the hiring authority (Regional Administrator, Deputy Director, Superintendent, etc.) shall be submitted to the next higher level within the hiring authority’s chain of command or equivalent, and then to the applicable second higher level within the hiring authority’s chain of command or equivalent to render a decision.

        • For CDCRCalifornia Department of Corrections and Rehabilitation: Exception/appeal requests involving the Warden shall be submitted to the applicable Associate Director or equivalent, then to the applicable Deputy Director or equivalent, and then to the applicable Director or equivalent to render a decision.

        • For CCHCS: Exception/appeal requests involving the hiring authority shall be submitted to the next level within the hiring authority’s chain of command. All exception/appeal requests shall be reviewed by the CCHCS Office of Legal Affairs via the Deputy Director, Human Resources, to render a decision.

      • Each exception/appeal request shall be reviewed to assess the potential for, and degree of impact upon the following:

        • Safety, security, and morale of the employees in the program, section,
          or unit.

        • Fair and impartial supervision and evaluation of the employee by the supervisor in the program, section, or unit.

        • Basis of merit and fitness in accordance with civil service statutes, rules,
          and regulations.

      • A written response to the exception/appeal request will be completed within
        ten (10) working days.

        • If the exception/appeal request is approved, a copy of the approved document(s) shall be forwarded to the appropriate personnel officer.  The personnel officer shall place a copy of the approval document(s) in the hiring and recruitment package and in the respective employee’s official
          personnel file.

        • If an exception/appeal is granted, there shall not be any employment decisions made by the related employees.  Another manager or supervisor shall be responsible for employment decisions except in an extremely rare
          documented circumstance.

        • If the exception/appeal request is denied, a written explanation of the basis for the denial, shall be provided to the candidate or employee.  A copy of the denial document(s) shall be forwarded to the appropriate personnel officer.  The personnel officer shall place a copy of the denial document(s) in the hiring and recruitment package, and if applicable, into the respective employee official personnel file.  Every effort shall be made to avoid relocation expenses.  If an employee must relocate to meet the Department’s nepotism and fraternization policy, the Department shall pay any associated relocation expenses.  (Refer to the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rules and Regulations.)

  • Retention

    • All Nepotism and Fraternization forms, and any exception/appeal approvals or denials, shall be forwarded to the personnel officer for filing in either the official personnel file or the hiring and recruitment file.

33010.25.1 Incarcerated Relatives/Associates

• When an employee becomes aware that any relative, or person with whom the employee has or has had either a personal or business relationship, has been committed to or transferred to the jurisdiction of the Department, the employee shall immediately notify in writing the employee’s institution head, Superintendent, or Deputy/Assistant Director (AD).

• The employee shall provide written notification by filling out CDCRCalifornia Department of Corrections and Rehabilitation Form 2189. This form can be obtained in the Personnel Office or institutional Watch Office. The employee will provide completed CDCRCalifornia Department of Corrections and Rehabilitation Form 2189 to the institution head, Superintendent, or Deputy/Assistant Director.

• One copy of the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 2189 will be kept in the employee’s Official Personnel File (OPFOfficial Personnel File), and one copy shall be kept in the affected inmate’s Central File.

• The copy of CDCRCalifornia Department of Corrections and Rehabilitation Form 2189 that is placed in the employee’s OPFOfficial Personnel File shall be confidential and maintained in a sealed envelope at the back of the file. Access to this form within the employee’s OPFOfficial Personnel File will be limited to authorized personnel only.

33010.26 Prohibition of Personal Influence

• Employees shall not use their personal influence to aid or hinder any individual in any phase of a civil service examination or hiring process because of a family or close personal relationship.

• Employees shall not:

  • Participate in the hiring or promoting of any person with whom they have a close personal relationship.

  • Aid or hinder any individual in any phase of a civil service examination or hiring process because of such relationship.

  • Defeat, deceive, or obstruct any other person’s right of examination, application, or employment.

  • Willfully and falsely mark, grade, estimate, or report upon the examination standing of any person examined or certified.

  • Furnish any person with information improving or injuring chances of that person’s examination or application.

  • Practice deception or fraud with regard to any person’s identity in connection with any examination, application, or request to be examined.

  • Obtain examination questions/materials before, during, or after an examination for purpose of preparing candidates for examinations.

  • Use unfair means to cause or attempt to cause any eligible to waive any rights under these regulations.

33010.26.1 Appearance of Improper Influence

• To avoid the appearance of improper influence, employees with such a relationship to any competitor shall not participate in any phase of the examination process including but not limited to:

  • Planning.

  • Question development.

  • Preliminary Review Committee (PRC).

  • Oral interview panel.

  • Serve as a rating or reviewing supervisor of the competitor.

  • Participate in discussions or ratings of the competitor.

• If an employee serving on a PRC, oral interview panel, or participating in the discussion or rating of competitors finds one of the competitors is one with whom he/she has a family or close relationship, the employee shall leave the room and not participate in the interview, observation, discussion, or rating of that competitor.

• If an employee serving in any capacity discovers a competitor is one with whom he/she has a family or close relationship, the employee shall contact OWPS for direction.

• Employees selected to participate in the State Civil Service examination process shall maintain the competitive and confidential nature of the examination process. Disregard for examination integrity can result in examination appeals from the candidate group and may ultimately be grounds to void an examination.

• Violation of the provisions of this Section:

  • May be a misdemeanor.

  • Shall be cause for adverse action.

33010.27 Service Awards

• Pursuant to GCGovernment Code 19849.9, employees completing 25 or more years of State service and retiring employees who have at least 25 years of State service as of the effective date of their retirement qualify for a service award consisting of a framed certificate and their choice of any one of the items offered by and described in the catalog provided by the contracting vendor.

• Employees who are being awarded under this program shall be presented a memento within one year of completion of 25 years of State service or within 60 days of their retirement date. (See DOMDepartment Operations Manual Chapter 3, Article 3, Employee Awards.)

33010.27.1 Personnel’s Responsibility

• The local personnel office shall:

  • Notify the unit timekeeper/supervisor via a CDC Form 1785, Service Award Eligibility Notification, of employees who are within at least 2 months of attaining 25 years of State service or who have 25 years of State service as of the effective date of retirement and are qualified to receive a retirement memento.

33010.27.2 Supervisor’s Responsibility

• The employee’s supervisor shall:

  • Make the contracting vendor’s catalog available to the employee.

  • Arrange for the ordering of a selected award/memento from the contracting vendor as follows:

    • Headquarters and Division of Adult Parole Operations

      • Submit a CDC Form 954, Intraoffice Requisition (IOR). A copy of CDC Form 1785 shall be attached to CDC Form 954. All orders shall include the information outlined under “Ordering Instructions” in the vendor’s catalog.

    • Institution/Facilities

      • Supervisors are responsible for ensuring the award is ordered according to the institution/facility’s established procedure.

        • Prepare a 25-year service anniversary/retirement letter for the Secretary’s signature.

        • Submit the letter through the chain of command to the appropriate Warden/Superintendent, RPARegional Parole Administrator, Health Care Manager, or DD for signature.

33010.27.3 Manager’s Responsibility

• The appropriate DD, Warden/Superintendent, Regional Parole Administrator, Chief Executive Officer, or his/her designee shall:

  • Check with the following offices to ensure the proposed 25-year anniversary or retirement letter accurately reflects the employee’s employment record with the Department, including prior positions:

    • OPSOutpatient Status (for prior or pending adverse actions against the employee).

    • OLAOffice of Legal Affairs (for prior or pending legal actions in which the employee is a plaintiff or defendant and for prior or pending workers’ compensation litigation).

    • OIAOffice of Internal Affairs (for pending or prior internal affairs investigations where the charges against the employee were sustained).

  • Every employee who completes 25 years of State service or retires from the Department shall receive the appropriate letter signed by the Secretary. However, the letter shall be personalized, meaningful, and relevant. For example, the letter for an employee who retires because of a disability should contain this information and should be consistent with the employee’s length of State service and the circumstances of the retirement (without specifically stating the nature of the employee’s disability). If an employee recently has been formally disciplined (i.e., with a formal reprimand, suspension, demotion, or reduction in pay) for misconduct, the letter should simply acknowledge the retirement or completion of 25 years of service. An employee who has made significant contributions to the Department and/or who has an exemplary employment record should be recognized in the letter.

33010.27.4 Standards

• A retirement and service anniversary letter shall receive careful consideration to ensure it is a personalized, meaningful, and relevant document that demonstrates appreciation and respect for the employee’s years of service.

• Letters shall be prepared for the Secretary’s signature and be consistent with procedures outlined in the Secretarial Handbook Section 2-3000.

• Letters shall contain information on the employee’s:

  • Service history.

  • Pertinent work history.

  • Appropriate biographical information.

33010.27.5 Retirement Resolution

• Upon request from the employee or the employee’s unit, the local personnel office shall print a retirement resolution and shall forward the resolution to the employee’s unit or home address.

• The following information is needed to complete the resolution:

  • Name of retiree.

  • Total State service (number of months).

  • Year State service began.

  • Initial title or position with the State.

  • Initial department.

  • Title and department at time of retirement.

  • Indicate luncheon or dinner if applicable.

  • Date of event if applicable.

  • Date of presentation.

33010.28 Presentation

• The hiring authority shall provide for appropriate presentation of letters, certificates, resolutions, and service awards.

33010.28.1 Employee Retirement and Death Benefits

• PERSPublic Employees Retirement System provides retirement or death benefits that could be applicable to an employee. For more specific information, the following pamphlets are available from your local personnel office or Public Employees Retirement System (PERSPublic Employees Retirement System):

  • PERSPublic Employees Retirement System Benefits for State Miscellaneous Members.

  • PERSPublic Employees Retirement System Benefits for State Industrial Members.

  • PERSPublic Employees Retirement System Benefits for State Safety Members.

  • PERSPublic Employees Retirement System Benefits for State Peace Officers/Fire Fighters.

• Retirement information includes:

  • Service credit.

  • Eligibility.

  • Allowance formula and calculation.

  • Final compensation.

  • Optional settlement with survivor continuance.

  • Estimates.

  • Health insurance.

33010.28.2 Disability Retirement

• State Miscellaneous members with five years of service are eligible to apply for disability retirement if they cannot work because of illness or injury.

• State Industrial, Safety, Peace Officer, and Firefighter members may apply for:

  • Disability retirement if illness or injury is nonjob related. (Member needs a minimum of five years of service.)

  • Industrial disability retirement if illness or injury is job related.

33010.28.3 Social Security

• Employees/survivors shall contact the local social security office to determine what benefits may be available under that program.

33010.28.4 Public Safety Officers’ Benefit Act Of 1976

• Law Enforcement Assistance Administration (LEAALaw Enforcement Assistance Administration) is authorized to pay a $50,000 death benefit to the eligible survivor of a public safety officer who died as a “direct and proximate result of personal injury sustained in the line of duty.” Claims are filed by the Department on behalf of the survivor, but the survivor may elect to file directly to LEAALaw Enforcement Assistance Administration.

33010.28.5 Term Life Insurance

• A State sponsored term life insurance policy is available to certain excluded employees below the age of 70.

• Enrollment is automatic for eligible employees.

• Additional information is available through the local personnel offices and CalHRCalifornia Department of Human Resources (formerly DPA and SPB).

33010.28.6 Other Benefits

• GCGovernment Code 13959 through 13969.1 provides benefits and assistance to victims who sustain injuries or death as a result of a crime or violence.

• GCGovernment Code 13970 through 13974 provides benefits to private citizens who incur injury, death, or property damage under the following circumstances:

  • In the course of preventing the commission of a crime against another person or property.

  • In apprehending a criminal.

  • In assisting a peace officer in his/her duties.

  • In rescuing a person in immediate danger.

• Further information relative to these indemnities may be obtained from the Victim Compensation and Government Claims Board.

33010.29 Hardship Salary Advances

• In accordance with provisions of the SAMState Administrative Manual 8595, a hardship salary advance may be issued to an employee before the employee’s regular monthly, bimonthly, or intermittent payday. The hardship salary advance shall be based on the net amount of the employee’s regular base salary and shall only be for serious, unforeseeable hardship.

• It is the policy of the Department that all employees receive a paycheck each payday. For all permanent employees, except intermittent or hourly employees, this is the last working day of each pay period. For intermittent, hourly, or temporary employees, this is no later than the fifteenth calendar day of the month providing the attendance documents are received in the Personnel Office timely.

• A request for hardship salary advance is not an automatic option nor is it intended to be a simple loan made available to the employee. The Department cannot legally loan employees’ money to cope with the economic difficulties or temporary inconveniences that occasionally fall upon every individual. A hardship salary advance cannot be a substitute for adequate personal financial management.

• The circumstances during which a request for a hardship salary advance is made shall have the following characteristics:

  • The situation or event was such that it caused an immediate emergency or economic hardship on the employee or those economically dependent upon the employee.

  • The situation or event was such that the employee could not have reasonably planned or prepared for it in advance.

  • The employee has exhausted all conventional means of obtaining necessary funds elsewhere (savings, credit union, bank, etc.). A hardship salary advance shall only be the last resort.

  • A description of the situation or event that warranted the request for a hardship salary advance is clearly provided with adequate supporting documentation.

  • The amount of the request is clearly documented and does not exceed the net salary earned to date by the employee. The amount allowable for a hardship salary advance shall be based on the employee’s net regular base salary, excluding overtime, physical fitness, bilingual, recruitment, and retention pay, etc. The maximum amount available shall be the regular wages earned to date during the calendar month of request.

  • A hardship salary advance has not been requested for the prior 12-month period. Hardship salary advances shall be limited to one for any 12-month period.

• Acceptable Reasons

  • The following is a listing of some of the acceptable reasons for applying for a hardship salary advance:

    • Acts of vandalism that have caused significant damage to vehicle or residence that require immediate repair.

    • Emergency home repairs due to unforeseeable events such as fire, flooding, storm damage, theft, or vandalism.

    • Emergency medical expenses due to serious injury or prolonged illness.

    • Death in the immediate family.

• Unacceptable Reasons

  • The following is a listing of examples of unacceptable reasons for hardship salary advances:

    • Moving expenses.

    • School expenses.

    • Vacation expenses.

    • Being away from the office on payday.

    • Routine vehicle maintenance or vehicle repair as a result of normal usage.

    • Automobile loan or lease payments.

    • Monthly rent or mortgage payment.

    • Other items that the employee should have planned and/or budgeted for since they are recurring, predictable expenses.

• The above lists are not meant to be exhaustive, but rather examples. Good judgment shall be used in requesting and in approving hardship salary advances.

33010.29.1 Process

• Wardens/Superintendents shall designate a staff member (minimum level is the Business Manager) to review all hardship salary advance requests for their respective facilities.

• The Chief of the Office of Accounting Services shall be the reviewer for headquarters and for DAPODivision of Adult Parole Operations (formerly P&CSD) (Headquarters and Regional Parole offices). The employee shall submit a written request to his or her supervisor for a specific amount with sufficient explanation of the circumstances to indicate that it is an unforeseeable emergency and some supporting documentation that all other means of obtaining the necessary funds have been exhausted. In addition, the employee shall sign a CDCRCalifornia Department of Corrections and Rehabilitation Form 1161, Authorization for Repayment of Payroll Revolving Fund/Hardship Salary Advance.

33010.29.2 Responsibilities

• Supervisor of Requestor

  • Prior to signing and forwarding the hardship salary advance request, the supervisor of the requestor shall:

    • Review the request.

    • Verify the unforeseeable emergency if appropriate.

    • Verify that all other means of obtaining necessary funds have been exhausted.

    • Verify that CDCRCalifornia Department of Corrections and Rehabilitation Form 1161 was filled out and attached.

    • Verify the actual emergency expense or the net salary earned to date, whichever is less.

    • If approved, sign the request and forward it to the designated reviewer with all appropriate supporting documentation.

    • If denied, return the request to the employee.

• Designated Reviewer

  • Prior to signing and forwarding the hardship salary advance request, the designated reviewer shall:

    • Review the request for appropriateness.

    • Request further verification if necessary.

    • If approved, sign the request and forward it to the personnel office (with all appropriate supporting documentation).

    • If denied, return the request to the employee.

    • Maintain a copy of each request (approved or denied).

• Personnel Office

  • The personnel office shall:

    • Determine the vacation leave, sick leave, dock, etc., that the employee has used in that particular month.

    • Determine that the amount requested does not exceed the net salary earned to date. Determination may be based on payroll records of prior pay period or other appropriate method.

    • Determine the employee’s normal mandatory and voluntary payroll deductions. A participant of the Direct Deposit (DD) Program shall cancel their participation in the DD Program prior to the hardship salary advance being issued.

    • May reduce the request so that the amount does not exceed the salary earned and/or net pay of the prior pay period.

    • Notify the accounting office in writing to issue a revolving fund check.

    • Recover the amount of the hardship salary advance from the employee’s next payroll warrant or, if necessary, from subsequent payroll warrants (i.e., overtime, physical fitness pay, uniform allowance, future pay warrants, etc.).

• Accounting Office

  • In addition to the normal revolving fund requirements, the Accounting Office shall:

    • Issue the revolving fund check as approved by the Personnel Office.

    • Notify the employee when the check can be picked up.

    • Follow normal collection procedures to clear the salary advance in a timely manner.

33010.30 High Stress Assignments

• High stress assignments are those in controlled housing units requiring direct and continuous contact with inmates confined therein because they present too great a management problem for housing in general population settings. Such housing unit assignments include, but are not limited to, the following:

  • Security Housing Units.

  • Administrative Segregation Units.

  • Psychiatric Services Units.

  • Protective Housing Units.

33010.30.1 Selection

• Employees shall:

  • Be carefully evaluated before such assignment.

  • Have demonstrated a high degree of maturity, tolerance, and ability to cope with stressful situations.

33010.30.2 Duration

• High stress assignments shall be limited to no longer than two years.

• Exceptions may be made by the Warden/Superintendent when:

  • The employee indicates a desire to remain.

  • The employee’s performance is completely satisfactory and does not reflect the effect of undue stress.

33010.30.3 Supervision

• Supervisors shall:

  • Evaluate the performance of employees on a continuous basis.

  • Act promptly to remedy stress-related problems that appear to adversely affect the employee’s physical and mental health and effectiveness.

  • Take remedial action including placement in a less stressful assignment in or outside of the unit.

33010.31 Personnel Records

• Only those personnel records which are necessary, relevant, timely, or required by law shall be collected and maintained.

• Personnel records shall be maintained no longer than the period of time required by law or in accordance with the approved Department retention period established for the record.

33010.31.1 Definition

• Any record maintained under an individual’s name by their employing agency and containing records relating to the following:

  • Personnel data, including marital status, family members, educational and employment history, or similar information.

  • Election of employee benefits.

  • Employee advancement, appraisal, or discipline.

  • Complaints or investigations of complaints pertaining to the manner in which the employee participated or was perceived to have participated.

  • Summary criminal history information.

  • Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy.

33010.31.2 Public Information

• Pursuant to CCCorrectional Counselor 1798 et seq., and the Information Practices Act, the following employee information is considered “public” and may be released upon request:

  • Name.

  • Employing agency and name of unit.

  • Work location and office phone number.

  • Civil service classification.

  • Job description, duties, and responsibilities.

  • Salary range and gross salary rate.

  • Time base.

  • Tenure.

  • Date appointed and/or separated.

  • Cost to the State for training, travel, and/or attendance at conferences.

33010.31.3 Adverse Comments

• GCGovernment Code 3305 provides that no comment adverse to a public safety officer’s interest shall be entered in any file used for personnel purposes without the employee’s having first read, signed, and dated the document. The Director has extended the application to all Department employees. If the employee refuses to sign, the fact is noted on the document and it is then signed by a witness (usually the supervisor presenting the memorandum) prior to it being placed in the file.

• The employee has 30 calendar days in which to file a response to any adverse comment. If a response is made, it shall be attached to the document that contains the adverse comment.

33010.31.4 Disclosure

• PCPenal Code 832.7, GCGovernment Code 6254, and CCCorrectional Counselor 1798 protect the confidentiality of personnel records and strictly limit their disclosure. Information from employee personnel records (other than public information) shall be disclosed only as follows:

  • To individuals whose official duties require they process or review such records including, but not limited to:

    • Personnel staff.

    • Hiring supervisors/managers including Wardens, RPARegional Parole Administrator’s, and Executive Staff or their designees.

    • Employee Relations Officers.

    • Return-to-Work-Coordinators.

    • Department investigators.

    • Attorneys representing the Department.

  • In accordance with PCPenal Code 832.5, 832.7, and 832.8; ECEvidence Code 1043; and GCGovernment Code 6254, the employee shall be immediately informed of the service of a subpoena or court order requesting the release of personnel records. Advice of legal counsel will be sought where legality of disclosure is in question.

  • With a release signed by the employee to whom the record pertains. The employee’s signature shall be verified with that on file.

33010.31.4.1 Medical Records

• Medical records are confidential and are maintained in such a manner so as to protect that confidentiality. These records are generally exempt from inspection other than by personnel staff.

33010.31.4.2 Internal Investigations

• If a review of the personnel records is required during an internal investigation, the reviewer shall obtain authorization from the Secretary, or designee before the review can be granted.

  TYPE OF OFFICIAL INVESTIGATION	DESIGNEE
  Third Level Complaints/ Grievances	Assistant Secretary, Office of Labor Relations
  Discrimination or Sexual Harassment complaint	Chief, Office of Civil Rights Operations
  Background Investigations	Chief, Office of Peace Officer Selection
  Criminal and/or Administrative Investigations	Deputy Director, Office of Internal Affairs

Additionally, attorneys from the OLROffice of Labor Relations are authorized to review personnel records.

33010.31.4.3 Supervisory Files

• To maintain a system of comprehensive and effective record keeping, supervisors may keep an informal personnel file on their premises in addition to the OPFOfficial Personnel File maintained by the personnel office. This informal file shall be subject to the same provisions as the OPFOfficial Personnel File.

33010.31.4.4 Work Performance Inquiries

• Supervisors may comment on the work performance of subordinates or former subordinates and respond to inquiries from third parties about a subordinate’s or former subordinate’s qualifications, as long as such comments are founded in documentation. A supervisor may indicate whether a subordinate or former subordinate would be considered for rehire. Personal or confidential information shall not be disclosed unless authorized by the individual to whom it pertains (CCCorrectional Counselor 1798.50).

33010.31.4.5 Employee Access to Personnel Records

• GCGovernment Code 18573 permits an employee to examine employment records relating to their State service. All of the material, except for the following, may be reviewed:

  • Any medical information determined to be confidential under CCCorrectional Counselor 1798.40 (i.e., information containing custodian of the record reasonably determines that disclosure of the information would be medically or psychologically detrimental to the individual) or medical file material which is protected by the attorney/client privilege. An employee may authorize disclosure of medical information to their physician. In turn, the physician may disclose to the employee any information they deem appropriate.

  • Any confidential information contained in an applicant’s background investigation file.

33010.31.4.6 Employee Representative Access

• Personnel records may be reviewed by an employee’s representative with the written permission of the employee and proper identification of the representative. Any and all information available to the employee shall also be available to the representative.

33010.31.5 Review Process

• An appointment should be made with the personnel office staff or other office holding the file.

• The reviewer shall present identification to the personnel office staff prior to reviewing any personnel record.

• Original OPFOfficial Personnel File’s shall not be removed from the personnel office area designated as the review area and may be reviewed only in the presence of an authorized personnel office employee.

• Travel to the employee’s personnel office and time required for travel and review of the employee’s records shall be at the expense and on the time of the employee. An employee may request a copy of the record to which they have a right to access, be mailed to their office. The copy will be mailed in a sealed envelope marked “Personal and Confidential.”

33010.31.6 Inspection Log

• Each employee’s OPFOfficial Personnel File shall contain an inspection log. Any person reviewing the file shall sign and date the log, indicating the reason for review (in accordance with the law).

33010.32 Release of Regular Pay for Permanent Intermittent Employees

• All positive pay employees shall receive their regular pay for the appropriate number of hours worked in the pay period (including paid leave and holiday pay) no later than the 15th day of the following month. If the 15th day falls on a Saturday, the release date will be adjusted to the preceding workday. If the 15th day falls on a Sunday or holiday, the release date shall be adjusted to the following workday.

• If an SCOState Controller’s Office warrant is not issued by the deadline, a request to issue a revolving fund check (salary advance) will be sent by the personnel office to the respective accounting office on that date.

33010.32.1 Exceptions

• Release of checks for positive attendance regular pay may be delayed beyond the 15th day of the month for the following reasons:

  • Late receipt of CDCRCalifornia Department of Corrections and Rehabilitation Form 998-A, Employee’s Attendance – Record and Personnel Post Assignment System (PPAS) Worksheet.

  • Late receipt of proper appointment documentation.

  • Delay in mail delivery (outside the control of the Department).

33010.33 Revisions

• The Deputy Director, Human Resources, or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate.

References

• CCCorrectional Counselor §§ 17981798.50 and 1798.40.

• CCRCalifornia Code of Regulations (2) (1) §§ 6.4, 599.737, 599.738, 599.742, 599.742.1, and 599.752.

• CCRCalifornia Code of Regulations (15) (3) §§ 3289, 3406, and 3413.

• ECEvidence Code §§ 1043.

• GCGovernment Code §§ 3305, 6254, 13959, 13960, 1396213966, 1397013974, 18573, 19849.9, 19853, and 19991.4.

• Governor’s Executive Order R2971.

• Information Practices Act of 1977.

• PCPenal Code §§ 832.5, 832.7, and 832.8.

• Personnel Transaction Manual § 656.

• SAMState Administrative Manual §§ 07210774, 38003885, 8572.1, and 8595.

• Secretarial Handbook.

Revision History

• Revised: Section 33010.25:  June 29, 2020.