Chapter 3 – Personnel, Training, and Employee Relations

33030.5.5 Vertical Advocate

• The Vertical Advocate shall be responsible for the following:

  • Monitoring and coordinating the adverse action process for all designated cases, from the onset of an investigation;

  • Calculating statute of limitations expiration dates;

  • Consulting with and advising the Hiring Authority and EROEmployee Relations Officer/Disciplinary Officer on all cases, as requested by the Hiring Authority;

  • Providing legal consultation for all designated cases to the assigned investigator, including developing the investigative plan, preparation of investigative interviews, and attending investigative interviews as appropriate to assess witness demeanor and credibility;

  • Providing legal consultation to the Hiring Authority on all designated cases and coordinating with the SAIG, for cases the BIR is monitoring, regarding application of the Disciplinary Matrix to determine the appropriate penalty;

  • Drafting Notices of Adverse Action (in consultation with the EROEmployee Relations Officer/Disciplinary Officer and the SAIG) for all designated cases;

  • Participating in Executive Review, as necessary;

  • Attending Skelly Hearings for all designated cases;

  • Representing the Department for designated cases in disciplinary matters before the SPBState Personnel Board (see CalHR);

  • Drafting settlement agreements for all designated cases;

  • Assisting the Hiring Authority and EROEmployee Relations Officer/Disciplinary Officer in drafting settlement agreements and reviewing the form and substance of each proposed settlement agreement drafted by the Hiring Authority and/or the EROEmployee Relations Officer/Disciplinary Officer, prior to the Hiring Authority entering into any settlement;

  • Coordinating with the SAIG, for cases the BIR is monitoring, at each step of the investigative and disciplinary process;

  • Coordinating with the Hiring Authority, SPBState Personnel Board (see CalHR) representatives, and other individuals and entities as appropriate;

  • Maintaining accurate records of assignments and documenting in the legal database all communications with the Hiring Authority and SAIG regarding disciplinary penalties; the Skelly Hearing; the Skelly Officer’s recommendation; the outcome of Executive Review; settlement agreements; SPBState Personnel Board (see CalHR) Hearings; and any appellate proceedings;

  • Documenting in the legal page of the CMS all communications with the investigator, Hiring Authority, and SAIG regarding investigative reports and investigative findings.