Chapter 5 – Adult Custody and Security Operations

54100.25.1 Rights and Responsibilities Statement

• An appeal that alleges misconduct by a departmental peace officer as defined in 15 CCRCalifornia Code of Regulations §3291(b) shall be accompanied by the 15 CCRCalifornia Code of Regulations §3391(b) Rights and Responsibility Statement.

  • An appeal received without such statement shall be processed and the statement obtained from the appellant at the time of the initial appeal interview.

  • Should the inmate/parolee refuse to sign the Rights and Responsibilities Statement, the appeal shall be cancelled for lack of cooperation.

    • Cancellation does not relieve the Department of its responsibility to address alleged staff misconduct as revealed or suggested via the cancelled appeal. Therefore, the appeal shall be returned to the hiring authority for determination if an inquiry remains appropriate in light of the refusal to cooperate.

    • The result of any such inquiry shall not be shared with the appellant and the appellant will not be considered to have exhausted administrative remedies.