Principles for Public Safety Employment

B. D OCUMENTS I MPOSING D ISCIPLINE Once an agency has determined that discipline is appropriate, one of the keys to ensuring that the discipline is upheld is proper documentation in accordance with local and state procedural requirements. Many hearing officers have overturned or reduced discipline simply because the documentation was incomplete or inaccurate. For many situations, the FBOR has additional notice requirements which must comport with the Administrative Procedures Act (Government Code section 11500, et seq.) not applicable to many public employees, including peace officers. Consequently, once an agency decides to impose discipline, the agency should be meticulous in ensuring that all of the documentation is prepared properly and given to the firefighter in a timely manner. The procedural requirements for administrative appeals are discussed in more depth in Section 5 and in the Evaluation and Discipline workbook. 1. N OTICE OF I NTENT Where a punitive action involves a deprivation of property (e.g., a termination, a suspension, a reduction of pay, but not a reprimand), a public safety employee must receive written notice of the proposed action before it is implemented. This right arises out of constitutional due process and not the PBOR or FBOR, and due process is not implicated if there is no deprivation of liberty or property. The notice must:  State the purpose of the Notice.  State the proposed discipline.  State the rules, regulations, collective bargaining agreement provisions and/or statutes that have been violated.  State the factual bases for findings of violations of rules, regulations, collective bargaining agreement provisions and/or statutes.  Where appropriate, state that the violation of any one of the rules, etc., or commission of the factual acts of misconduct, would in and of itself support the imposition of the proposed discipline.  State the date that the proposed action will be effective.  Describe the impact the employee’s personnel history has on issues of credibility and penalty.  Articulate how the proposed discipline was determined.  Provide a warning regarding the impact of future related misconduct as well as an admonition that the discipline in the present case will be relied upon in deciding the proper amount of discipline in future cases.  Consider pre-selecting a date and time for the Skelly conference, and include these items in the Notice of Intent.  State that the employee may inspect his/her personnel file upon reasonable request to the agency.  Include copies of all materials alleged to support the action.

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 81