Presentation on theme: "Ft. Bend County Sheriff’s Office Civil Service Commission Rules and Regulations Prepared by Jeff Ragland 10 JUN 2012."— Presentation transcript:
Ft. Bend County Sheriff’s Office Civil Service Commission Rules and Regulations Prepared by Jeff Ragland 10 JUN 2012
Ft. Bend County Sheriff’s Office Civil Service Commission Policy as adopted 16 MAY 2012 Mission: It is the mission of the Ft. Bend County Sheriff’s Office Civil Service Commission to effectively adopt, publish, and enforce rules regarding selection and classification of employees; competitive examinations; promotions, seniority, and tenure; layoffs and dismissals; disciplinary actions; grievance procedures; the rights of employees during an internal investigation; and other matters relating to the selection of employees and the procedural and substantive rights, advancement, benefits, and working conditions of employees.
Leadership As appointed 15 FEB 2012 Earnest Taylor, Chairman of the Commission (1 year term) Otoniel Cantu, Commissioner (2 year term) Bobby Slavinski, Commissioner (2 year term)
Powers Selection and classification of employees Competitive examinations Promotions, seniority, and tenure Layoffs and dismissals Disciplinary actions Grievance procedures Rights of employees during an internal investigation Other matters relating to the selection of employees and the procedural and substantive rights, advancement, benefits, and working conditions of employees
Applicability All regular, full-time employees, except – Chief Deputy – 4 positions of Major Deputy – Department Legal Counsel (1 or more positions) – Additional positions as designated by Sheriff No more than 10 positions Affected employee must agree to excluded position Sheriff can – Appoint a person to excluded position – Demote, suspend, dismiss, transfer for any/no reason excluded employees – No express or implied employment contract exists with excluded employee Sheriff must – Maintain current listing of excluded employees – On taking office, excluded employees must explicitly accept excluded position in writing to the Civil Service Commission and the Sheriff
Removing Excluded Employee Either Sheriff or excluded employee can choose to vacate position – With prior continuous service, assigned to last classified rank and/or pay range prior to excluded position – Outside hires, offered position as entry level in their area – If Sheriff demotes and no payroll slot exists, carried “under fill” (lower rank/pay range) and moved into classified position as soon as available, thereby releasing the excluded position
Selection and Classification of Employees Job descriptions issued to personnel, maintained by HR Part time, temporary, and excluded positions serve at the will of the Sheriff Applications must be submitted by 1500 last day of posting Application process specified with each job description Medical Exam (physically sound and drug free) – All peace, detention, telecommunications and non-officer position Psychological Exam (satisfactory mental health, in writing) – Peace, detention, telecomm Residency – Peace, detention, telecomm – must be citizens – Non-sworn officers – citizen or work VISA Misrepresentations – grounds for rejection or dismissal Employment eligibility list will be maintained for applicants Employment offers on satisfactory completion of medical, psych, and background investigation / polygraph Rehires: (within one year) – Update background investigation – Complete any physical conditioning examination required – Must have completed application requirements for new hires (e.g. reading comprehension, vocabulary test) – Exempt from probation period if they have already completed Transfers – Must update their personal history statement on file with HR – Complete any testing required if it is a new hire position – Compete in competitive promotion process if above entry level – Requires a minimum of two weeks notice in current position – Exceptions may occur as determined by Sheriff – Transfer between Divisions require 6 month to 1 year probation period If probation unsuccessful, employee can return subject to availability and that the employee is in good standing and did not fail for misconduct or disciplinary reasons Applicants limited to two oral review board attempts, if fail – cannot be considered for one year Previous employees may be required to complete medical, psych, and background investigation Employees who resign or are terminated ineligible for rehire unless approved by Sheriff Probationary Periods – Purpose is to test capability and willingness – Non-TCLEOSE positions – 6 month probation – TCLEOSE positions – 12 month probation – Temporary and part-time positions, leave of absence time does not count for probation – Supervisor must periodically evaluate – Sheriff can extend probation for up to 6 months if warranted – Failure to complete probation period may result in termination without right of appeal
Competitive Promotional Process Minimum requirements: – Must meet posted job requirements (certifications, licenses, and training) no less than 5 days prior to exam date – Not on probation (unless approved by Sheriff) – Promotion to next higher rank – 24 out of 30 months in current rank – Exceptions to 24 month service. Must meet other position requirements – Candidates must notify their supervisor and the Civil Service Commission in writing prior to competitive exams – Eligibility disputes decided by Commission (their decision is final) Competitive process (written exam, oral exam, experience, and education): – Date, time, and location for written exams (alternate date acceptable if justified, e.g. military leave) – Questions are to test overall and job specific knowledge – Test Review Committee (Majors, Captains, and Lieutenants) prior to exam – Civil Service Committee to proctor exams, Sheriff’s office to provide longevity and college/certification points – Written exams at least 10 days prior to oral exam, 70% to pass – Candidate can appeal a question (after first answering), results of appeal required prior to posting scores – Review of test / answer sheet by candidate is not permitted, Coordinator can inform how many questions were missed in each category – Top 20 candidates with a passing score and any candidate scoring greater than 70% and within 10 points of highest score processed for Oral Review Board – Oral exams recorded with audio equipment, Civil Service Committee to proctor – No less than 6 and no more than 8 members required for Oral Review Board – Civil Service Commission reserves right to select Oral Review Board Must be licensed or certified officers Must be of equal or higher rank to position being sought May not be a relative May be from outside agencies or organizations as appropriate Sheriff, Chief Deputy, and/or Division Major may participate in Oral Review Board if they do not exceed 8 members and they participate in all Personnel files for candidates will be made available to Oral Review Board members Results are by ballot, highest and lowest scores dropped on each candidate and the remainder averaged. Score sheets will be retained for 2 years Candidate must achieve 70% or higher
Competitive Promotional Process (cont) – Eligibility List Written exam (100% maximum) Oral exam (100% maximum) Longevity (10 points) – 1 point / year (up to 10) full-time employment with Ft. Bend Sheriff’s Office – Education OR TCLEOSE certification (max of 8 points), must be documented in personnel file » TCLEOSE intermediate certification, 2 points » TCLEOSE advanced certification, 4 points » TCLEOSE master certification, 5 points » Assoc. Degree, 2 points » Bachelors Degree, 4 points » Masters Degree, 6 points » Doctoral Degree, 8 points Maximum of 218 points possible In event of tie, employee’s seniority with Sheriff’s office will be used Results no later than 3 days after completion of process List maintained for 1 year, in descending scored numerical order When position available, 30 days for Sheriff to appoint someone from list Candidates can be removed for: – Promotion – Promotion declination – Sustained disciplinary action – Termination or resignation – Voluntary request to be removed Promotions other than TCLEOSE, Civil Service Commission to review and approve process and candidates Failure to perform at promoted level will result in demotion to previous rank Lateral transfers must participate in competitive promotional process for affected positions
Layoffs and Dismissals Reduction in Force (RIF) (Layoffs) – Not to be considered a disciplinary action – Changes determined by Commissioners Court based on budgetary concerns – Eliminate part-time or temporary positions first – Employees eligible for intra-service transfer within county – Laid off in inverse order of seniority – Any employee laid off shall, after timely reinstatement, regain seniority possessed at time of layoff – RIF in promotional rank – employee reduced to next lower rank (cannot bump a person with greater seniority in the lower rank) – Any employee who refuses a reduction in rank during a RIF is considered to have resigned an ineligible for RIF reinstatement list RIF Reinstatement List – All employees affected by RIF entered onto list – Background investigation not required for reinstatement, drug screening or medical exam may be required – Any new certifications or promotions will come from RIF reinstatement list – Any employee refusing reinstatement will be dropped from list Resignations – 2 weeks notice in writing of intention to leave Dismissal – employees may appeal unless they are on probationary status
Disciplinary Actions Actions or omissions inconsistent with goals, policies, and rules Determination of violation usually made by immediate supervisor – consider all reasonably attainable info absent emotions Suspected criminal acts – Employee required to notify supervisor within 24 hours – Supervisor will subsequently (immediately) notify Sheriff or his designee Alternative Disciplinary Actions or Measures – Counseling or Training – Oral Reprimand – Coaching Report – Written Reprimand – Relief from Duty (Pending other Recommendation) – Suspension without pay – Additional Probation of Position for up to One Year – Demotion – Dismissal – Criminal Charges Recommended disciplinary action communicated (orally or in writing) to Sheriff Disciplinary actions normally in progressive order but not required (Sheriff may determine) Sheriff (or designee) reviews disciplinary recommendations and decides action Emergency actions-supervisor may immediately relieve subordinate if actions determined dangerous or interferes with effective operations. Employee is relieved without pay and Sheriff must be immediately informed.
Disciplinary Actions (cont) Corrective/Developmental Measures – Counseling or Training (written or oral) – most preferred means of correcting and developing behavior – Oral Reprimands – Disciplinary Probation (up to 12 months) Disciplinary Actions – Written Reprimands – approved by next higher level – Recommendations for Suspension without Pay – for one or more days, reviewed by Chief Deputy – Recommendations for Demotion – Chief Deputy sets the effective date of demotion – Recommendations for Dismissal – Chief Deputy sets the effective date of dismissal – Criminal Charges – filed as directed by the Sheriff Supervisors may intervene at anytime in disciplinary review Disciplinary actions are included in personnel file. Sheriff has authority to remove documentation of disciplinary actions.
Grievance Procedures Grievance should be presented to Supervisor within 10 days (unless agreed otherwise). Supervisor must respond in writing within 10 days. Failure of timeline constitutes affirmation of grievance. Employee can skip chain of command if grievance involves their immediate supervisor. Can be appealed to next higher authority within 10 days, and with a 10 day written resolution response required from higher. Can be further escalated (to Division Captain) within 10 days and with a 10 day written resolution response. Can be further escalated to Major of Division within 10 days and with a 10 day written resolution resonse. Can be further appealed to Chief Deputy within 10 days. Chief Deputy has 15 days for written resolution. Final appeal to Sheriff within 10 days. Sheriff has 20 days for discipline below termination and 30 days for discipline involving termination. Decisions by the Sheriff are final except for matters under jurisdiction of Commission Matters under Civil Service Commission authority are appealable beyond Sheriff – An employee demoted, suspended, or removed may appeal by filing a petition in District Court within 30 days after decision issued. Appeal is tried de novo.
Appeals Resolution Procedures Employees not placed on disciplinary probation have right to appeal – Notice, in writing, within 10 days, to Civil Service Commission – Grievance must include: Grievant Name, Address, and Phone Number Cause for Grievance Desired Relief Requested Copies of any Grievances and Responses Received Commission has 30 days to decide and must conduct hearing within 6 months – Parties can be appear in person or be represented – At hearing, Sheriff presents, employee presents, Sheriff allowed to rebut – Witness list must be provided at least 10 days prior to hearing – All hearings are recorded / transcribed – Final decision by Committee within 5 days of end of hearing – Commission can uphold, modify, or grant relief but cannot increase severity of disciplinary action – If employee restored to work, back pay is appropriate Subpoenas are authorized for calling witnesses to hearings Failing to appear-may request an attachment against non-compliant witness Irrelevant witnesses called will result in assessment of all costs against the calling party There will be no cost assessed if witness deemed relevant
Other Matters Employees will be provided with written copy of citizen complaints Suspension or termination only if citizen complaint investigated and evidence proves allegation If criminal act, employee will be read his rights and is permitted to obtain legal counsel IF SHERIFF INTENDS TO FILE CHARGES Internal Investigations – Conducted by Internal Affairs – Investigation-IA investigation of unprofessional conduct that could result in disciplinary action (excludes criminal activity) – Unprofessional conduct: any act or omission of an employee which violates federal, state, county, or municipal statute, regulation or ordinance, or which violates a court order, or which violates any policy, procedure, or rule of Ft. Bend County Sheriff’s Office Employee will be investigated during normal work hours (or appropriately compensated) Investigator cannot investigate or interview at employee home without employee permission Complainant and person(s) involved cannot conduct investigation Nature of complaint will be provided to employee prior to investigation Investigator cannot threaten employee with punitive action during interview Transfer assignments shall be based on need, as well as considerations of diversity, liability, special skills, and to promote harmony. Grievances procedures apply Procedures for filling vacancies will be posted with job announcement If an activity or event is removed or discontinued, employees should be reassigned in other divisions at similar rank. If RIF is necessary, the procedures in Layoffs and Dismissals apply Sheriff may “loan” employees other agencies, offices, or departments. Sheriff will retain command of employee. If an event or activity is added, new employees may become classified – Must meet new-hire standards including background screening – 12 month probationary period required – Time in grade credit for internal / external work must be determined for prospective employees, to be accomplished by Civil Service Commission in open hearing.