March 2010
Letter of Reprimand
It has come to my attention that there are some members who do not know what their options are when they receive a Letter of Reprimand. Most of these calls are from members employed by the Probation Department so this article will address their options.
One of your options is to write a rebuttal to the Letter of Reprimand. This consists of the facts surrounding why you disagree with the Letter of Reprimand. Your rebuttal will be attached to the Letter of Reprimand and placed in your file. This is done so if anyone reviews your Letter of Reprimand, they will read your rebuttal also. Your rebuttal is for documentation only.
If you want to appeal the Letter of Reprimand there is Administrative Appeal procedure.
The Probation Department's Administrative Appeal procedure states that an employee has thirty (30) calendar days of receipt of the Letter of Reprimand to file an appeal. The Probation Department has a form titled "Administrative Appeal of Punitive Action" that must be completed and turned into the Division Director II of Personnel and Training.
Hearing Officers are assigned by the Deputy Chief of Administrative Services. The hearing is selected outside the employee's immediate chain of command. The hearing officer shall coordinate the date, time and place of the appeal and may request the participation of the Department Human Resources Officer and/or the Director II of Personnel and Training. The hearing will be scheduled within 15 working days of the receipt of the appeal.
You are entitled to a representative at this hearing. Usually your representative would have filed the appeal for you. At this hearing you and your representative present facts and evidence supporting why you believe the reprimand was too severe or unwarranted and attempt to convince the Department to reverse its decision.
The hearing officer has 15 working days to make a decision. That decision is final. There are no other appeal procedures or processes for a Letter of Reprimand.
If the Letter of Reprimand is sustained, you then have 30 days from that decision to submit a rebuttal if you chose to do so.
Another topic that comes up with regards to a Letter of Reprimand is whether or not you should sign it. If you read the last paragraphs in the Letter of Reprimand it clearly states that your signature does not imply that you approve or disapprove of the action proposed or the facts contained in the Letter of Reprimand. By signing the Letter of Reprimand you are acknowledging that it will be placed in your personnel file. So it's okay to sign the Letter of Reprimand even if you disagree with it.
If you have any questions regarding this please contact your field representative.
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