December 2011

Senior Field Representative
Mary Blanco

Useful Information for Probationary Members

The County of San Bernardino (County) has just hired eight (8) Probation Correction Officer (PCO) Trainees as of November 16, 2011. Their official start date will be Monday, November 21, 2011. I was informed that the Probation Department is hoping to hire another twenty-six (26) PCOs as soon as possible. These members are desperately needed to alleviate the mandated overtime situation at the Juvenile Detention and Assessment Centers at Central, and the High Desert.

SEBA would like to welcome the new members to the organization. The arrival of new members is always great news! When new members begin employment with the County, a field representative and a membership secretary meet with the new members to discuss the services and benefits offered by the Safety Employees’ Benefit Association (SEBA). One of the topics always covered by the field representatives is to remind the new members that they will be on probation for a certain time period depending on their classification. Therefore, it is important members know what is expected of them, and to familiarize themselves with the various policies and procedures for their particular department. If a member has questions, ask a supervisor for assistance. Since the group consisted of PCOs, an emphasis was placed on conducting room checks in a timely manner. Additional tips given were always be honest and don’t take short cuts!

Personnel Rule VII, Section 8- Probationary Period states, “During the probationary period, the appointing authority shall review, examine, and monitor the conduct, capacity, efficiency, skill, responsibility, integrity, and effectiveness of an employee to determine whether the employee is fully qualified for employment in the classification and position to which the employee has been appointed...If the work performance or conduct of a probationer, who has not attained regular status in another classification of County employment, is found to be below standards acceptable to the appointing authority, the appointing authority shall terminate the probationer... A promoted employee who has attained regular status in another classification of County employment who does not successfully complete the probationary period in the promoted class shall be returned to the former department and classification or a comparable classification without right of review or appeal... Any employee serving a probationary period due to a voluntary demotion has no return rights.”

Members probationary periods may be extended for the reasons provided for in the applicable Memorandum of Understanding (MOU). Probationary periods may also be extended by the appointing authority, in multiples of three pay periods, with a maximum extension of 15 pay periods if the member is notified in advance. If not, the Personnel Rules state, “The probationary period is completed at the end of the business day in which the probationer completes the required number of service hours.”

The practice of rejection from probation without right of review or appeal is common in the public and private sector of employment. Many decision makers exercise this right in order to avoid any possible litigation. For peace officers, the fact that no reason is given by the employer for the termination other than the rejection from probation allows the peace officer to seek other law enforcement opportunities. This is particularly important if the undisclosed reason for the termination were allegations of misconduct.

Please contact your field representative if you have any questions regarding your status and rights, if any, during your probationary period.