Policy Text
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A
DMINISTRATIVE HEARINGS
T
HE PURPOSE OF THIS GENERAL ORDER IS TO ESTABLISH THE RULES OF PROCEDURE FOR INTER‐DEPARTMENTAL
ADMINISTRATIVE HEARINGS CONDUCTED IN DISCIPLINARY AND OTHER INTERNAL PERSONNEL MATTERS.
I. Policy
A. Administrative Hearings
It is the policy of the Sacramen to County Sheriff’s Department to conduct all internal
administrative hearings in disciplinary and other personnel mat ters in a fair and
expeditious manner that conforms to the requirements of the law and standards of due
process for both the Department and the affected employee. Thi s order is not intended
to create new substantive rights or to impose new obligations b eyond those otherwise
required by applicable law.
B. Hearings Subject To This Order
As used in this order, “Administ rative Hearing” includes, but i s not limited to
1. Hearings conducted prior to the imposition of discipline which [is] are subject
to civil service appeal (Skelly Hearings);
2. Liberty Interest Hearings conducted before release from prob ation or the
Reserve Forces for stigmatizing misconduct (Lubey Hearings);
3. Hearings conducted prior to the imposition of a reassignment fo r expressed
punitive purposes, whether or not such reassignment results in a loss of pay;
4. Hearings conducted prior to imposition of an involuntary rea ssignment of a
peace officer which results in a loss of merit/specialized pay attached to the
position (white hearings);
5. Any other personnel action deemed appropriate for hearing as de termined by the
Sheriff and the Department Legal Advisor.
C. Hearing Procedure
1. Scheduling of hearing
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ሺNEW 7/99ሻ
(A) Pre-Disciplinary Hearings (Skelly Hearings)
The employee will have ten (10) days from service of the “Propo sed
Notice of Disciplinary Action” to request a hearing prior to th e
imposition of discipline. The employee may request a specific hearing
date to be scheduled during a thirty (30) day period that comme nces
with the date the hearing is requested. If no hearing date is requested in
conjunction with the employee’s request for a hearing, the hear ing date
will be set by the Department on a date not beyond that thirty day period
commencing with the date the employee requested the hearing.
(B) All other hearings
The employee will have five (5) days from service of notice of the
intended action to request a hearing on that matter from the Ch ief
Deputy so designated in that notice. This hearing will be cond ucted at a
time of mutual convenience between the employee and the Chief Deputy, in no instance to exceed ten (10) days from the date of the
employee’s request.
(C) Continuances
Continuances of scheduled hearing dates are disfavored and will b e
granted by the designated hearing officer only for compelling r easons
such as illness, unexpected conflicts of a serious and substant ial nature,
or other cause as the interest of justice shall require.
2. Hearing Officer
With the exception of skelly hearings,The Hearing Officer in al l other matters
arising under this General Order shall routinely be one (1) C hief Deputy
Sheriff from a service area other than the employee’s own. In extraordinary
circumstances this hearing officer may hold the rank of Sheriff ’s Captain to be
selected from a service area other than that of the employee. The Hearing
Officer may have another management officer present for the hea ring to assist in
cases requiring special expertise.
The hearing officer for skelly h earings shall be the undersheri ff.
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ሺNEW 7/99ሻ in cases involving a conflict of interest or other extraordina ry
circumstances, the undersheriff may designate a chief deputy as the hearing
officer.
3. Pre-Hearing Discovery
Prior to any hearing conducted pursuant to this General Order, the affected
employee shall receive:
a) The proposed level of disciplinary action or administrative act ion.
b) A factual statement of the charges against the employee.
c) A copy of all documents upon which the charges or other acti on is
based.
4. Employee Representation
Employee representation will be afforded in accordance with all applicable
statutory and decisional law.
5. Conduct of Hearing
The hearings conducted pursuant to this General Order are not FORMAL
evidentiary proceedings but are instead an opportunity for the affected
employee to be heard in meaningful fashion as to his or her con duct, the
reasons therefor, the mitigation of harm if any associated ther ewith,
mitigation of any proposed discipline therefor, or any other is sue relevant
to the proceedings under consideration. These hearings are to be informal
in nature and are limited to oral and/or written presentations. Witnesses
are not permitted. Written statements of witnesses will be acc epted and
considered.
The Chief