Common use of EMPLOYMENT PROTECTION SYSTEM Clause in Contracts

EMPLOYMENT PROTECTION SYSTEM. The Fresno County (hereinafter “County”) Employment Protection System (hereinafter “EPS”) shall govern all formal disciplinary actions for cause imposed by the District Attorney or Director of Child Support Services on any Deputy District Attorney I/II/III/IV/Senior or Child Support Attorney I/II/III/IV/Senior, respectively. Other than as provided herein, the County shall not impose any disciplinary action that adversely affects the pay of any Deputy District Attorney or Child Support Attorney. Nothing in EPS shall be construed to provide, either explicitly or implicitly, a civil cause of action for breach of contract either express or implied arising out of a termination of employment. Disciplinary actions shall only be imposed for cause. Consistent with this policy, certain levels of discipline shall be deemed informal and shall be exempt from review by any outside hearing officer(s) and certain levels of discipline shall be deemed formal and shall be subject to the review provided in this policy. Employee Performance Evaluations, Counseling Memos, and Oral and Written Reprimands shall not be considered formal disciplinary actions. Employees receiving one of these documents shall have the right to submit a written response to the County, which shall be included in the employee’s personnel file, but shall have no other rights or remedies under this policy. Formal disciplinary action is defined as disciplinary suspensions, administrative salary reductions, disciplinary demotions and disciplinary dismissals. Grounds for disciplinary action include, but are not limited to: • incompetency; • inefficiency; • insubordination; • neglect of duty; • absence without leave; • dishonesty; • fraud in securing employment; • discourteous treatment of the public or other employees; • drinking alcoholic beverages on the job, or reporting to work while under the influence of alcohol or intoxicants; • addiction to narcotics or other habit forming drugs; • conviction of a felony or misdemeanor involving moral turpitude; • failure to pay just debts as reflected by multiple or repeated salary executions, court judgements, and/or repeated contacts by creditors during working hours; • willful violation of any County code or lawful departmental or County regulation or order; • improper political activity as specified in the County Ordinance Code; • any conduct which bears some rational relationship to the employment and is of a character that can reasonably result in the impairment or disruption of County service, • abuse of sick leave; and • suspension or loss of license to practice law in the State of California. Should an individual lose their license to practice law in the State of California, they shall be suspended immediately without pay pending termination or reinstatement of license to practice law. Notwithstanding any other provision of EPS, if there is good cause to believe that a County employee may have engaged in such conduct which if true would warrant formal disciplinary actions, and which the Department Head has determined imminently threatens to disrupt County service either because of the nature of the alleged conduct itself or because of its anticipated effect(s) on others in the County or on County service, the Department Head may immediately place the employee on administrative leave with pay pending further investigation. In such event the Department Head shall comply with the Notice and Order provisions of EPS as soon as practicable. During such time from the commencement of administrative leave with pay pending investigation until actual service of an Order for Disciplinary Action, the employee shall receive the full salary and employment benefits to which they may be entitled. In the event no formal disciplinary action is ultimately imposed, any documents pertaining to the incident that lead to administrative leave shall be removed from the employee’s personnel file. Prior to the effective date of any formal disciplinary action as provided herein, a written Notice of Intended Order for Disciplinary Action shall be served on the employee. Such Notice shall include an unsigned copy of the proposed Order for Disciplinary Action and copies of applicable documents, materials or other evidence supporting the allegations pertaining to the employee. The Notice shall inform the employee of the specific type of disciplinary action proposed. The Notice shall inform the employee of the right to deny the allegations or provide a written or oral response to the allegations to the Department Head within ten (10) working days from the date of service of the Notice upon the employee. The Notice shall advise the employee that if he/she fails to reply to the Department Head within the ten (10)-day period, or that if the denial is deemed by the Department Head to be insufficient reason for the misconduct alleged in the proposed order, that formal disciplinary action shall be imposed. Unless the Department Head has placed the employee on administrative leave with pay pending further investigation, the employee shall continue on duty with pay during such time between the service of the Notice for Intended Disciplinary Action and until such time as the final Order for Disciplinary Action is signed and served upon the employee, at which time the disciplinary action shall become effective. Any employee facing formal disciplinary action shall have the right to be represented, at his/her own cost, by attorney, labor representative or other person selected by the employee. Any employee who contests a formal disciplinary action as defined in EPS shall have the right to a lawful evidentiary due process review hearing before an impartial hearing officer. Within ten (10) working days of the service of the final Order for Disciplinary Action, the employee may submit a written request to the Fresno County Department of Personnel Services, attn: Labor Relations Division for a review hearing. If the employee does not request a review hearing or file an answer, the employee shall be deemed to have consented to the disciplinary action and the disciplinary order shall become final. The employee, or their representative, and the County shall mutually agree on a hearing officer. The selection of the hearing officer shall be made within five (5) working days of the receipt of a list of seven (7) candidates referred by the California State Mediation and Conciliation Service, unless extended by mutual agreement. Each party shall have the right to alternately strike names from the recommended list until only one name is remaining. The employee’s formal written answer to the charges, denying the allegations the employee does not believe to be true and stating the basis for the denial or explanation of the employee’s alleged conduct, shall be presented to the County and hearing officer no later than ten (10) working days after selection of the hearing officer. Reasonable efforts shall be made so that the hearing can be conducted within thirty (30) working days of selection of the hearing officer, unless the parties otherwise mutually agree to a later date. Once a date for the hearing has been determined, the hearing date may only be continued upon a determination of good reason by the hearing officer.

EMPLOYMENT PROTECTION SYSTEM. The Fresno County (hereinafter “County”) Employment Protection System (hereinafter “EPS”) shall govern all formal disciplinary actions for cause imposed by the District Attorney or Director of Child Support Services on any Deputy District Attorney I/II/III/IV/Senior or Child Support Attorney I/II/III/IV/Senior, respectively. Other than as provided herein, the County shall not impose any disciplinary action that adversely affects the pay of any Deputy District Attorney or Child Support Attorney. Nothing in EPS shall be construed to provide, either explicitly or implicitly, a civil cause of action for breach of contract either express or implied arising out of a termination of employment. Disciplinary actions shall only be imposed for cause. Consistent with this policy, certain levels of discipline shall be deemed informal and shall be exempt from review by any outside hearing officer(s) and certain levels of discipline shall be deemed formal and shall be subject to the review provided in this policy. Employee Performance Evaluations, Counseling Memos, and Oral and Written Reprimands shall not be considered formal disciplinary actions. Employees receiving one of these documents shall have the right to submit a written response to the County, which shall be included in the employee’s personnel file, but shall have no other rights or remedies under this policy. Formal disciplinary action is defined as disciplinary suspensions, administrative salary reductions, disciplinary demotions and disciplinary dismissals. Grounds for disciplinary action include, but are not limited to: • incompetency; • inefficiency; • insubordination; • neglect of duty; • absence without leave; • dishonesty; • fraud in securing employment; • discourteous treatment of the public or other employees; • drinking alcoholic beverages on the job, or reporting to work while under the influence of alcohol or intoxicants; • addiction to narcotics or other habit forming drugs; • conviction of a felony or misdemeanor involving moral turpitude; • failure to pay just debts as reflected by multiple or repeated salary executions, court judgements, and/or repeated contacts by creditors during working hours; • willful violation of any County code or lawful departmental or County regulation or order; • improper political activity as specified in the County Ordinance Code; • any conduct which bears some rational relationship to the employment and is of a character that can reasonably result in the impairment or disruption of County service, • abuse of sick leave; and • suspension or loss of license to practice law in the State of California. Should an individual lose their license to practice law in the State of California, they shall be suspended immediately without pay pending termination or reinstatement of license to practice law. Notwithstanding any other provision of EPS, if there is good cause to believe that a County employee may have engaged in such conduct which if true would warrant formal disciplinary actions, and which the Department Head has determined imminently threatens to disrupt County service either because of the nature of the alleged conduct itself or because of its anticipated effect(s) on others in the County or on County service, the Department Head may immediately place the employee on administrative leave with pay pending further investigation. In such event the Department Head shall comply with the Notice and Order provisions of EPS as soon as practicable. During such time from the commencement of administrative leave with pay pending investigation until actual service of an Order for Disciplinary Action, the employee shall receive the full salary and employment benefits to which they may be entitled. In the event no formal disciplinary action is ultimately imposed, any documents pertaining to the incident that lead to administrative leave shall be removed from the employee’s personnel file. Prior to the effective date of any formal disciplinary action as provided herein, a written Notice of Intended Order for Disciplinary Action shall be served on the employee. Such Notice shall include an unsigned copy of the proposed Order for Disciplinary Action and copies of applicable documents, materials or other evidence supporting the allegations pertaining to the employee. The Notice shall inform the employee of the specific type of disciplinary action proposed. The Notice shall inform the employee of the right to deny the allegations or provide a written or oral response to the allegations to the Department Head within ten (10) working days from the date of service of the Notice upon the employee. The Notice shall advise the employee that if he/she fails to reply to the Department Head within the ten (10)-day 10)- day period, or that if the denial is deemed by the Department Head to be insufficient reason for the misconduct alleged in the proposed order, that formal disciplinary action shall be imposed. Unless the Department Head has placed the employee on administrative leave with pay pending further investigation, the employee shall continue on duty with pay during such time between the service of the Notice for Intended Disciplinary Action and until such time as the final Order for Disciplinary Action is signed and served upon the employee, at which time the disciplinary action shall become effective. Any employee facing formal disciplinary action shall have the right to be represented, at his/her own cost, by attorney, labor representative or other person selected by the employee. Any employee who contests a formal disciplinary action as defined in EPS shall have the right to a lawful evidentiary due process review hearing before an impartial hearing officer. Within ten (10) working days of the service of the final Order for Disciplinary Action, the employee may submit a written request to the Fresno County Department of Personnel Services, attn: Labor Relations Division for a review hearing. If the employee does not request a review hearing or file an answer, the employee shall be deemed to have consented to the disciplinary action and the disciplinary order shall become final. The employee, or their representative, and the County shall mutually agree on a hearing officer. The selection of the hearing officer shall be made within five (5) working days of the receipt of a list of seven (7) candidates referred by the California State Mediation and Conciliation Service, unless extended by mutual agreement. Each party shall have the right to alternately strike names from the recommended list until only one name is remaining. The employee’s formal written answer to the charges, denying the allegations the employee does not believe to be true and stating the basis for the denial or explanation of the employee’s alleged conduct, shall be presented to the County and hearing officer no later than ten (10) working days after selection of the hearing officer. Reasonable efforts shall be made so that the hearing can be conducted within thirty (30) working days of selection of the hearing officer, unless the parties otherwise mutually agree to a later date. Once a date for the hearing has been determined, the hearing date may only be continued upon a determination of good reason by the hearing officer.