Police Department Policy

3-08-Release of Probationary Employees (Rev 11-20)

Sacramento County Sheriff

Policy Text
Page 1 of 2 3/08 (REV 11/2020 ) RELEASE OF PROBATIONARY EMPLOYEES, RESERVE OFFICERS AND “AT WILL” EMPLOYEES The purpose of this General Order is to establish release procedures for Probationary Employees, Reserve Officers , and “At Will” Employees”. I. Probationary Employees A. Includes employees in full time job classifications that have not yet successfully completed the initial probationary period of employment. B. All employees shall be closely monitored during the ir probationary period to ensure their performance, training progress, and attitude reflect a strong probability that they will successfully discharge the duties of their job classification. It shall be incumbent upon division commanders to release an emp loyee no later than thirty days prior to the expiration of the ir probationary period. Releases will be determined upon either, or both, of the following: 1. Performance Deficiencies: A release recommendation in this category shall proceed through the chain of command to the Undersheriff. 2. “For Cause”/Stigmatizing Factors: Behavior which violates criminal statutes, the “Professional Responsibility” policy, or otherwise discredits the Sheriff’s Office shall presumptively require a release from probation. When a probationary employee is believed to have engaged in such conduct either on or off duty, the Division Commander shall notify the Service Area Chief, and with his/her concurrence, refer the case to the Legal Advisor’s Office. A final decision to release an employee will be made by the Undersheriff. A Liberty Interest Hearing will be offered to the employee immediately upon release from employment . The Liberty Interest Hearing does not need to occur prior to the employee ’s release from employment. The Liberty Interest Hearing is a due process hearing in order to afford the employee the oppor tunity to clear his or her name from any stigmatizing comments. The Liberty Interest Hearing is not a due process hearing to retain employment. “At Will” and probationary employees have no property right to their employment. Page 2 of 2 3/08 (REV 11/2020 ) Once served and released from employment, t he employee shall have five days to request the Liberty Interest Hearing. If requested, the Liberty Interest Hearing shall be scheduled within ten days of the employee’s request. The hearing will be conducted by a Chief Deputy from a service area other than the employee ’s own . II. Reserve Officers A. Includes all members of the Sheriff’s Reserve Force, whether volunteer, “on call,” retiree, or other classification. 1. Performance Deficiencies: A release recommendation in this category shall be made by the Commander of the Division to which the Reserve Officer is assigned, with the concurrence of the Service Area C hief Deputy . The recommendation of the Division Commander shall be forwarded to the Service Area Chief Deputy for a recommendation then , forwarded to the Undersheriff for a final decision. 2. “For Cause”/Stigmatizing Reasons: The procedure shall be the same as with Probationary Employees. III. “At Will” Employees A. Includes employees in temporary job classifications who do not qualify as permanent employees. 1. Performance Deficiencies: This procedure shall be the same as with Probationary Employees. 2. “For Cause”/St igmatizing Reasons: This procedure shall be the same as with Probationary Employees.

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