SPB Restricts CHP's Ability to Discipline Public Safety Dispatchers
Discipline of OCCC PSD Significantly Reduced
In one such case, CHP issued a Notice of Adverse Action against a PSD at Orange County Communications Center in the form of a 5% Salary Reduction for 5 months, for alleged repeated tardiness. Many of the tardies were a result of the dispatcher’s difficulty adjusting to new medication that caused her to oversleep.
CAUSE filed an appeal on behalf of the dispatcher. But, before the case even got to hearing CHP served the PSD with a second Notice of Adverse Action; this time in the form a 20 day suspension. The second action also accused the PSD of continued tardiness, and for alleged disrespect to her supervisor during several discussions they had primarily regarding her tardies. This time the tardies were due primarily to personal emergencies related to the PSD's need to care for a seriously ill family member. The department attempted to justify the severity of the penalties by exaggerating the claims, and adding trumped up charges of outbursts on the communications center floor which the department claimed disrupted operations at the center.
The cases were consolidated and, after considering the evidence, the State Personnel Board (SPB) dismissed several of the charges outright and reduced the discipline significantly. The SPB found the department did not have evidence to support many of the charges, including several of the tardy incidents, and the claims of disrupting operations. The SPB did find that the PSD was late for work on multiple occasions. However, because many of those occasions were caused by personal emergencies beyond her control, (such as family illness and her own medical condition), the penalty on the first disciplinary action was reduced significantly to a Letter of Reprimand. The SPB also found the dispatcher had been disrespectful to her supervisor on at least two occasions. However, the SPB specifically held that any comments made were not disruptive to the communications center, and were in fact “relatively harmless.” The penalty in the second action was cut in half.
This case should send a message to CHP that although they might not view illness and family medical emergencies as legitimate reasons for missing work, the SPB says otherwise. CAUSE will be monitoring CHP closely to assess whether this decision reduces the department’s use of discipline to intimidate PSD's into not taking necessary and legitimate time off. No one expects CHP to stop using these tactics overnight. CAUSE will continue to challenge the department until it gets the message.
Discipline of OCCC PSD Significantly Reduced
Source: Linda Kelly, Legal Counsel
Date: 4/21/2005
In one such case, CHP issued a Notice of Adverse Action against a PSD at Orange County Communications Center in the form of a 5% Salary Reduction for 5 months, for alleged repeated tardiness. Many of the tardies were a result of the dispatcher’s difficulty adjusting to new medication that caused her to oversleep.
CAUSE filed an appeal on behalf of the dispatcher. But, before the case even got to hearing CHP served the PSD with a second Notice of Adverse Action; this time in the form a 20 day suspension. The second action also accused the PSD of continued tardiness, and for alleged disrespect to her supervisor during several discussions they had primarily regarding her tardies. This time the tardies were due primarily to personal emergencies related to the PSD's need to care for a seriously ill family member. The department attempted to justify the severity of the penalties by exaggerating the claims, and adding trumped up charges of outbursts on the communications center floor which the department claimed disrupted operations at the center.
The cases were consolidated and, after considering the evidence, the State Personnel Board (SPB) dismissed several of the charges outright and reduced the discipline significantly. The SPB found the department did not have evidence to support many of the charges, including several of the tardy incidents, and the claims of disrupting operations. The SPB did find that the PSD was late for work on multiple occasions. However, because many of those occasions were caused by personal emergencies beyond her control, (such as family illness and her own medical condition), the penalty on the first disciplinary action was reduced significantly to a Letter of Reprimand. The SPB also found the dispatcher had been disrespectful to her supervisor on at least two occasions. However, the SPB specifically held that any comments made were not disruptive to the communications center, and were in fact “relatively harmless.” The penalty in the second action was cut in half.
This case should send a message to CHP that although they might not view illness and family medical emergencies as legitimate reasons for missing work, the SPB says otherwise. CAUSE will be monitoring CHP closely to assess whether this decision reduces the department’s use of discipline to intimidate PSD's into not taking necessary and legitimate time off. No one expects CHP to stop using these tactics overnight. CAUSE will continue to challenge the department until it gets the message.
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