November 2007
How to appeal a Letter of Reprimand
I would like to discuss the process for appealing a Letter of Reprimand. This is called an Administrative Appeal. Pursuant to Government Code Section 3304, a public safety officer who receives a Letter of Reprimand may request an Administrative Appeal. Each department has their own Administrative Appeal procedure.
The Sheriff’s Department Administrative Appeal procedure states that an employee has ten (10) County business days of receipt of the Letter of Reprimand to file an appeal. The public safety officer shall file a written answer containing specific detailed information on the reasons why the Department’s decision should be rescinded. This written answer shall be filed with your commanding officer. The commanding officer shall review the written answer and/or meet with the employee.
Within ten (10) County business days, the commander shall give a written decision to the public safety officer. If this is unsatisfactory to the employee, the employee may request an appeal in writing to an Assistant Sheriff not in their chain of command. This request must be submitted within ten (10) County business days of receipt of commander’s decision.
The public safety officer will forward the written request and the answer to the Internal Affairs Division. I.A. will then make the arrangements through the appropriate Assistant Sheriff to have the matter reviewed.
The Assistant Sheriff shall review the matter and within ten (10) County business days of the receipt of the request for appeal or shall assign a Deputy Chief, not in the employees chain of command, to handle the written matter within the same time guidelines.
The Assistant Sheriff or Deputy Chief shall review the public safety officer’s written answer and/or meet with the employee within fifteen (15) County business days of the receipt of the request for appeal. The Assistant Sheriff or Deputy Chief shall prepare findings and make recommendations to the Sheriff or his designee.
Within thirty (30) days of receipt of the recommendation, the Sheriff as the appointing authority or his designee shall render a decision. The decision of the Sheriff or his designee shall be final.
With this process there is a good chance you will never speak to the Assistant Sheriff or a Deputy Chief. The policy is written so a decision can be made on only your written appeal. And as I have highlighted above, once a decision is made, it is final. That means there are no other appeal processes for a Letter of Reprimand.
Government Code section 3306 does allow you to write a rebuttal within thirty (30) days of receipt of the Letter of Reprimand. The rebuttal will then be attached to, and accompany the Letter of Reprimand.
In the upcoming months I will be outlining the policies for the other Departments SEBA represents.
If you have any questions, contact your Field Representative.
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