Chapter 3 – Personnel, Training, and Employee Relations

33030.5.2 Hiring Authority

• Each Hiring Authority shall be responsible for the following:

  • Taking adverse action whenever warranted by an employee’s behavior/conduct;

  • Ensuring adverse actions are imposed in a fair, objective, and impartial manner and are consistent with this policy, the principles of just cause, and due process;

  • Submitting CDC Forms 989 to the OIAOffice of Internal Affairs including those cases in which direct adverse action is taken without an investigation;

  • Reviewing investigative reports, determining investigative findings, and completing CDCRCalifornia Department of Corrections and Rehabilitation Form 402;

  • Determining and justifying appropriate penalty level for employee misconduct by utilizing the Employee Disciplinary Matrix and completing the CDCRCalifornia Department of Corrections and Rehabilitation Form 403;

  • Executing and causing the Notice of Adverse Action to be served on employees;

  • Consulting with the Vertical Advocate, for designated cases, and the SAIG for cases the BIR is monitoring, regarding sufficiency of investigations and appropriateness of penalty;

  • Consulting with the Vertical Advocate, for designated cases, and the SAIG for cases the BIR is monitoring, before agreeing to any modification, stipulation, or withdrawal affecting the proposed action and before approving any settlement agreement;

  • Participating in Executive Review, as necessary, and forwarding material, as appropriate, for Executive Review;

  • Informing the Vertical Advocate, for designated cases, and the SAIG, for cases the BIR is monitoring, of any new case developments.

• Each Chief Deputy Secretary shall be responsible for the following:

  • Participating in Executive Review, as necessary;

  • Coordinating with the CAIG and the AGC on matters referred for Executive Review;

  • Elevating high-profile cases to the Secretary and Undersecretary, as necessary.

• The Chief Information Officer and General Counsel and each Assistant Secretary, Executive Officer, Director, Deputy Director, and Associate Director shall be responsible for the following:

  • Facilitating and participating in Executive Review, as necessary;

  • Coordinating with the CAIG and the AGC on matters referred for Executive Review;

  • Coordinating with and informing the appropriate Chief Deputy Secretary, Undersecretary, or Secretary regarding high-profile cases being monitored by the BIR and especially for cases where there is significant disagreement regarding a penalty level and/or settlement agreement;

  • Approving requests for Administrative Time Off (ATOAdministrative Time Off);

  • Elevating cases to the appropriate Chief Deputy Secretary, Undersecretary, and Secretary, as necessary.