April 2010
Letter of Reprimand
Some people believe that if you are on probation, you have no right to SEBA representation. That is completely false. The Peace Officers' Procedural Bill of Rights (POBR) gives you the same rights as everyone else. Whether you are on probation or you are an old timer, you have the right to SEBA representation for discipline and grievances.
If you are the subject of an investigation or a party to a potential grievance, you can always call SEBA for representation. If you just aren't sure, call us and we will advise you on what your options may be.
Now remember, if you are on probation your department does not have to investigate or discipline you, they can terminate you at any time. Individuals terminated during their probationary period for not meeting expected standards have no entitlement to a hearing under Section 3304(b) of the POBR or the Due Process Clause. Individuals terminated during their probationary period for misconduct, that you deny, are entitled to a "Liberty Interest" hearing under the Due Process Clause.
The purpose of a "Liberty Interest" hearing is to give you an opportunity to establish a formal record of the circumstances surrounding your termination. Each department shall have their own rules and procedures for how this hearing shall be conducted.
In case you are unaware of your probationary period, below is the language as written in the separate MOU's.
The probationary period for positions in the Safety Unit is 2080 hours. The probationary period for positions in the Safety Management and Supervisory Unit is 1600 hours. The probationary period will be automatically extended for each hour during which the employee is on leave without pay, including absences while receiving disability payments, or on military leave. In situations where the employee is on continuous paid sick leave or is using annual leave in lieu of paid sick leave for eighty (80) or more consecutive hours, or on modified duty for occupational or non-occupational reasons, the probationary period may be extended at the discretion of the appointing authority. Such extension is in addition to the fifteen (15) pay period extension allowed by the Personnel Rules.
The probationary period for positions in the Specialized Peace Officer Unit and Specialized Peace Officer Supervisory Unit is 1600 hours. The probationary period will be extended automatically for each hour during which the employee is on military leave or is on leave without pay. In situations where the employee is on modified duty or is continuously absent for eighty (80) or more consecutive hours because of occupational or non-occupational injury or illness, the probationary period may be extended at the discretion of the appointing authority. Such extension is in addition to the fifteen (15) pay period extension allowed by the Personnel Rules.
The probationary period for positions in the Specialized Fire Services Unit is 1600 hours. The probationary period will be automatically extended for each hour during which the employee is on leave without pay or on military leave, past thirty (30) days whether paid or unpaid. In situations where the employee is on continuous paid sick leave for eighty (80) or more consecutive hours, or on modified duty for occupational or non-occupational reasons, the probationary period may be extended at the discretion of the Appointing Authority. Such extension is in addition to the eighteen (18) pay period extension allowed by the Personnel Rules.
This last paragraph applies to all Units. The probationary period ends at the end of the day in which you have completed the required number of service hours. Completed service hours are defined as regularly scheduled hours in a paid status up to eighty (80) hours per pay period. Overtime hours are not counted towards hours worked when calculating the end of your probationary period.
The bottom line is that when you are on probation you need to be very careful. If you do have any problems or issues you DO have the right to representation through SEBA.
If you have any questions regarding this please contact your field representative.
|
