Department of Corrections and Rehabilitation - Operations Manual

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Chapter 3 – Personnel, Training, and Employee Relations

Article 7 – Personnel Identification Cards

Revised October 3, 2013

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31070.8.3.1 Approval/Denial

  • When the IPOInstitutional Personnel Officer or OPSOutpatient Status HCCWL receives an initial CCW application from a retiring Peace Officer requesting a CCW endorsement, the IPOInstitutional Personnel Officer, OPSOutpatient Status HCCWL shall perform the following procedures to process the application:

    • Review the employee’s official personnel file (OPFOfficial Personnel File) to identify any disqualifying factors for the hiring authority’s consideration.

    • The IPOInstitutional Personnel Officer shall review the employee’s Workers’ Compensation case file for institution and parole employees. The OPSOutpatient Status HCCWL shall ask the Employee Health and Wellness, Worker’s Compensation Section to review the employee’s Workers’ Compensation case file, and report any factors/considerations.

    • Email CDCRCalifornia Department of Corrections and Rehabilitation Form 1054 to CDCROIA.LitigationRequest@cdcr.ca.gov mailbox for review by the Special Agent-In-Charge at the Office of Internal Affairs (OIAOffice of Internal Affairs). OIAOffice of Internal Affairs shall determine if the employee is currently under investigation for a prohibiting offense, indicating “clear” or “not clear” on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1054. If the response is “not clear,” OIAOffice of Internal Affairs shall document the case number on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1054 and return it to the IPOInstitutional Personnel Officer/OPSOutpatient Status HCCWL.

  • Each of these reviews will determine if there are any of the following disqualifying factors/considerations:

    • Subsequent arrest notifications or Firearm Restrictions that indicate the employee has a disqualifying conviction or charge pending litigation.

    • The employee is retiring in lieu of termination (not being “honorably retired” per
      PCPenal Code Section 16690 but rather “dishonorably retired”), whether or not CDCRCalifornia Department of Corrections and Rehabilitation chooses to take punitive action. An employee who knowingly retires while under investigation will be considered “dishonorably retired.”

    • For violating any departmental rule, State or federal law, that if violated by an officer on active duty, would result in that officer’s arrest, suspension, or removal from CDCRCalifornia Department of Corrections and Rehabilitation per PCPenal Code Subsection 26305(d).

    • The employee’s privilege to possess a firearm or to carry a concealed weapon has been revoked or is currently revoked.

    • The employee is under investigation for an offense that, if the charges were sustained, could result in an active employee’s arrest, suspension, or dismissal from CDCRCalifornia Department of Corrections and Rehabilitation (PCPenal Code Subsection 26305(b) (i.e., misdemeanor violations listed in
      PCPenal Code Sections 29800-29875 and violent offenses listed in PCPenal Code Sections 29900-29905).

    • The employee is retiring because the employee:

      • has a psychological disability (PCPenal Code Subsection 26305(a)).

      • has been found to have a psychological disability in the adjudication of a worker’s compensation claim.

      • has a psychological condition indicated in any other document.

      • Note: parts (B) and (C) are “factors” to be considered on a case-by-case basis.]

  • The IPOInstitutional Personnel Officer/OPSOutpatient Status HCCWL shall complete CDCRCalifornia Department of Corrections and Rehabilitation Form 1052 for submission to the
    hiring authority.

  • The IPOInstitutional Personnel Officer/OPSOutpatient Status shall fax the CDCRCalifornia Department of Corrections and Rehabilitation Form 1054 to the Special Agent-In-Charge (SAIC) at the Office of Internal Affairs (OIAOffice of Internal Affairs). The OIAOffice of Internal Affairs shall determine if the employee is currently under investigation for a prohibiting offense. The OIAOffice of Internal Affairs shall document the information on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1054 and fax it back to the IPOInstitutional Personnel Officer/OPSOutpatient Status within two working days of receipt. If the response is “Not Clear”, the OIAOffice of Internal Affairs shall be contacted for information on which to base the approval or denial.

  • The IPOInstitutional Personnel Officer/OPSOutpatient Status HCCWL shall submit the completed CDCRCalifornia Department of Corrections and Rehabilitation Forms 1051, 1052, 1053, 1054, 2164, 894-A, DOJDepartment Of Justice, FBIFederal Bureau of Investigation, and Firearms results, and CDCRCalifornia Department of Corrections and Rehabilitation form 3056, Request for Live Scan, to the hiring authority for review. The CCW application package must also include all other documents upon which the decision will be based. For example, if it is a disability retirement, the California Public Employees’ Retirement System (CalPERS) disability approval letter stating the medical condition would be required. The hiring authority will review the entire package and determine if the CCW endorsement is to be issued. A retired IDInstitutions Division (see DAI) with CCW endorsement is to be issued on the day of retirement unless the employee has any of the listed disqualifying factors, or unless required information is still pending and/or the request was submitted less than 90 days prior to retirement. If responses have not been received within 30 days, contact OPOS LSU at CDCRLivescan@cdcr.ca.gov for a status check.  The live scan submission process should be investigated to determine the problem. DOJDepartment Of Justice will not release any results until
    all 3 components are completed. The hiring authority can also show “good cause” to deny the CCW endorsement for reasons not outlined above, such as acts of violence or conduct that jeopardized the safety of the public, staff, or inmates. The hiring authority shall sign and date the CDCRCalifornia Department of Corrections and Rehabilitation Form 1052, approving or disapproving the application.

  • If the CCW endorsement is approved, the IPOInstitutional Personnel Officer/OPSOutpatient Status HCCWL shall:

    • Issue the CDCRCalifornia Department of Corrections and Rehabilitation retired IDInstitutions Division (see DAI) card with the “CCW” endorsement on the back of the IDInstitutions Division (see DAI) card and the notation “CCW Expires: date” under the picture of the retiring employee. Write the IDInstitutions Division (see DAI) card number and expiration date on the CDCRCalifornia Department of Corrections and Rehabilitation Form 894-A.

    • The CCW expiration date is determined as five years from the date of retirement. If the retired Peace Officer did not apply for a CCW endorsement at the time of retirement, then applies at a later date and is approved, the CCW expiration date would be five years from the hiring authority’s approval date.

    • Forward the entire application package to the EOU. The EOU CCW Coordinator shall review the CCW application package for quality control and add the retiree’s name and information to the departmental CCW database.

  • If the CCW endorsement is denied, the hiring authority shall notify the employee by sending a registered letter containing the specific reason for denial and advise them of the appeal process, including the 15-day response time. The hiring authority will include a copy of the letter of denial, along with any supporting documentation upon which the decision was based, in the completed application package and forward it to the EOU.

  • An employee who has been denied may appeal in writing within 15 days following the receipt of the notice denying/revoking an endorsement to carry a concealed weapon. Note one exception:  If employee/retiree has been approved by CalPERS for disability retirements based on a psychological condition, they are not eligible to appeal
    the decision.

  • The appeal shall be directed to the managerial level above the hiring authority issuing the denial. If the hiring authority issuing the denial reports to the Secretary, the appeal will be assigned to the Undersecretary of Administration for review and response. In the event the Undersecretary of Administration is the hiring authority issuing the initial denial, the appeal will be assigned to the Undersecretary of Operations for review and response. The appeal shall describe the reason(s) the decision to deny the endorsement should be reversed.

  • The employee shall be notified in writing of the managerial decision. If the managerial decision upholds the CCW endorsement denial, the letter shall state the reason(s) why the denial is being upheld, outlining the process for the retiree to request a Good Cause Hearing (GCH) (unless a GCH is precluded by PCPenal Code) and including the 15-day response time requirement (PCPenal Code Subsection 26315(c)). A copy of the notice shall be provided to the EOU. If requested by the retiree, the EOU CCW Coordinator will setup and coordinate a GCH review panel pursuant to PCPenal Code Section 26320. Retirees whose CCW applications have been denied and advised of the appeal process cannot reapply at a later date.