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Civilian Civilian ManagementManagement

Richard Burns IIIRichard Burns III

Head Deputy Head Deputy

Los Angeles District Attorney’s Los Angeles District Attorney’s OfficeOffice

Management Rights:Management Rights:

ExclusiveExclusive right to manage right to manage resources:resources:

Determine your missionDetermine your mission Determine services to be Determine services to be offeredoffered

Exercise control and Exercise control and discretion over discretion over organization and organization and operationsoperations

Management Rights Management Rights cont’:cont’:

Direct employees re: Direct employees re: Assignments and HoursAssignments and Hours

Evaluate performanceEvaluate performance and take and take disciplinary action for proper disciplinary action for proper causecause

Discharge employees for Discharge employees for legitimate reasonslegitimate reasons

Determine the methods, means Determine the methods, means and personneland personnel

Employee Rights:Employee Rights:

Wages, hours and working Wages, hours and working conditions pursuant to the MOUconditions pursuant to the MOU

Equal treatment Equal treatment (Fair/Reasonable)(Fair/Reasonable)

Protection against discriminationProtection against discrimination

Right to Job ?!?Right to Job ?!? (Property Right ?) (Property Right ?)

Need To Balance Management And Employee Right’s

Internal DisciplineInternal Discipline

Begins withBegins with written standards written standards for for

ProperProper ConductConduct vs. vs. MisconductMisconduct::

Department Personal Policy Handbook!Department Personal Policy Handbook!

Agency Personnel Rules and ProceduresAgency Personnel Rules and Procedures

Memoranda of UnderstandingMemoranda of Understanding

Local Legislation & RegulationsLocal Legislation & Regulations

Job Descriptions & ArticulableJob Descriptions & Articulable

Performance ObjectivesPerformance Objectives

Some examples: Section Some examples: Section 2.01.01 Off-duty Incidents 2.01.01 Off-duty Incidents

Self-Reporting RequiredSelf-Reporting Required.. Employees who are Employees who are arrestedarrested, ,

citedcited, or , or formallyformally charged with charged with a crime, other than a traffic a crime, other than a traffic infraction, infraction, must report the must report the incident immediatelyincident immediately to their to their bureau director in writing.bureau director in writing.

Section 7.04.00: Use Of Section 7.04.00: Use Of CredentialsCredentials

Use of official badgesUse of official badges, , identificationidentification, , business cardsbusiness cards, , stationerystationery, or other , or other items bearing the seal of the Dept. or items bearing the seal of the Dept. or Co. of LA is Co. of LA is limited to official dutieslimited to official duties. . Use of these items to obtain special Use of these items to obtain special treatment or personal advantage is treatment or personal advantage is improper and prohibited and will result improper and prohibited and will result in discipline. - in discipline. - Conflict of interest rules?Conflict of interest rules?

Section 7.05.00: Misuse of Co. and Section 7.05.00: Misuse of Co. and Dept. Resources and Equipment Dept. Resources and Equipment

The use of District Attorney equipment and The use of District Attorney equipment and supplies for supplies for personal usepersonal use in any manner not in any manner not related to the work of the office is related to the work of the office is prohibitedprohibited. .

County equipmentCounty equipment, including , including telephonestelephones and and computerscomputers, is for conducting official , is for conducting official county business. Employees are prohibited county business. Employees are prohibited from using county equipment in a manner from using county equipment in a manner that that interferes with the office’s ability interferes with the office’s ability to conduct county business.to conduct county business.

We Are All Many We Are All Many Personalities: Tap Into Personalities: Tap Into Your Strengths !!Your Strengths !!

Classic Fact Patterns:Classic Fact Patterns:• 1) New Sup. In Town1) New Sup. In Town• 2) The Disappearing Act2) The Disappearing Act• 3) The Injured Worker3) The Injured Worker• 4) The Wedding Planner4) The Wedding Planner• 5) The Mystery Man5) The Mystery Man• 6) The Social Butterfly6) The Social Butterfly• 7) It Takes Two To Tangle7) It Takes Two To Tangle• 8) Safety First8) Safety First• 9) Hostile Grievance9) Hostile Grievance•10) The Star Officer10) The Star Officer

Section 4.06.00: Employee Section 4.06.00: Employee Assistance Program – Assistance Program – EAP !!EAP !! For employees who are experiencing For employees who are experiencing

problems that problems that affect job performanceaffect job performance, give , give them a referral slip - information or a booklet.them a referral slip - information or a booklet.

Problems may include alcohol or drug abuse, Problems may include alcohol or drug abuse, mental, emotional, behavioral or other mental, emotional, behavioral or other concerns.concerns.

County time authorized for assessment and County time authorized for assessment and referral, but Employee’s accumulated time referral, but Employee’s accumulated time charged for additional visitscharged for additional visits

Demonstrates management’s concern & Demonstrates management’s concern & efforts to assist employeeefforts to assist employee, prior to , prior to imposing discipline!imposing discipline!

Compare Different Compare Different Styles In Styles In

Counseling/DisciplinCounseling/Disciplinee

How To Handle The How To Handle The Politically Powerful:Politically Powerful:

How To Handle a How To Handle a Potential Serial Killer:Potential Serial Killer:

Ineffective – Feels Good Ineffective – Feels Good ?!?!

Second Fact Patterns:Second Fact Patterns:•11) The Rising Star11) The Rising Star•12) The Defendant12) The Defendant•13) Employee X13) Employee X•14) Employee Y14) Employee Y•15) Employee Z15) Employee Z•16) Employee A16) Employee A•17) Employee B17) Employee B•18) Employee C18) Employee C•19) Employee D19) Employee D•20) Employee E 20) Employee E

Internal Discipline:Internal Discipline:

Purpose isPurpose is corrective corrective, not punitive !!, not punitive !! Gather facts &Gather facts & documents - interview Ee!documents - interview Ee! Identify violations and charges.Identify violations and charges. Determine appropriate level of action, review Determine appropriate level of action, review

past past practicespractices & similar & similar entities policiesentities policies!! !! Goal is to Goal is to reducereduce riskrisk of of future misconductfuture misconduct!! ProgressiveProgressive (use the minimal level needed). (use the minimal level needed). PreviewPreview action with action with personnel representativepersonnel representative!!

Informal Discipline:Informal Discipline:

CounselingCounseling -- with or without with or without documentation.documentation.

Written letter Written letter confirming confirming counselingcounseling - (given to - (given to employee & signed for employee & signed for receipt).receipt).

Formal Formal DisciplineDiscipline

Written letter of warningWritten letter of warning (normally viewed as discipline)(normally viewed as discipline)

Written letter of reprimandWritten letter of reprimand SuspensionSuspension (Skulley – Local Rules) (Skulley – Local Rules) ReductionReduction DischargeDischarge Due ProcessDue Process – – notice & reviewnotice & review

requiredrequired for discharge, reduction for discharge, reduction & some suspensions !! & some suspensions !!

Good Documentation Good Documentation Includes:Includes: Notes in a supervisory log or calendarNotes in a supervisory log or calendar Record date, place, and time of incidentRecord date, place, and time of incident Describe incident and consequencesDescribe incident and consequences Describe your actionsDescribe your actions Describe employee’s responseDescribe employee’s response Document only or share with employee?Document only or share with employee? Keep original documents, i.e. absence Keep original documents, i.e. absence

slips, poor work productslips, poor work product Note potential witnesses (complainant)Note potential witnesses (complainant)

Performance Performance Evaluation:Evaluation:

• Follow Agency Procedures & Timelines.Follow Agency Procedures & Timelines.

• Avoid generalizations and subtlety.Avoid generalizations and subtlety.

• Document/communicate for employee.Document/communicate for employee.– Accurately reflect the employee’s strong Accurately reflect the employee’s strong

and weak performances during the yearand weak performances during the year– Incorporate information from the “Drop Incorporate information from the “Drop

File”.File”.

• Should not be surprise to employee.Should not be surprise to employee.

• Start with positive – end with negative.Start with positive – end with negative.

• Consider “out of cycle” evaluations Consider “out of cycle” evaluations when appropriate. (Needs when appropriate. (Needs Improvement)!!Improvement)!!

HandlingHandling Grievances:Grievances:

Don’tDon’t view as an adversarial view as an adversarial processprocess (LISTEN – REFLECT – (LISTEN – REFLECT – PAUSE – ACT)PAUSE – ACT)

Mutual Benefits to both you Mutual Benefits to both you and employee:and employee:Dispute resolutionDispute resolutionProblem solving Problem solving CommunicationCommunication

Grievance ProcedureGrievance Procedure

Check the applicable MOU for Check the applicable MOU for time limits.time limits.

Confirm rule, policy, code or Confirm rule, policy, code or section of MOU in violation.section of MOU in violation.

Grievance hearing and Grievance hearing and investigation occur on office time.investigation occur on office time.

Meet with employee, gather facts Meet with employee, gather facts ONLY!ONLY!

If denied, provide ‘basic’ reason.If denied, provide ‘basic’ reason. Don’tDon’t waive waive your level of hearing. your level of hearing.

Types of Types of DiscriminationDiscrimination

Disparate treatmentDisparate treatment

Disparate/Adverse Disparate/Adverse ImpactImpact

Bases of discrimination:Bases of discrimination:

RaceRace ReligionReligion ColorColor National OriginNational Origin AncestryAncestry Physical or mental disabilityPhysical or mental disability Medical ConditionMedical Condition Marital status – Marital status – Sexual Sexual

Orientation/StateOrientation/State AgeAge

AnyAny discriminating discriminating conduct here?conduct here?

Sexual Harassment:Sexual Harassment:

Quid pro quoQuid pro quo

Hostile EnvironmentHostile Environment

(Where most claims are now (Where most claims are now coming)coming)

Quid Pro Quo:Quid Pro Quo:

Tangible economic benefits are Tangible economic benefits are conditioned upon sexual conditioned upon sexual demand--“demand--“Casting couchCasting couch”.”.

Discriminatory employment Discriminatory employment decisionsdecisions by a person of authority. by a person of authority.

PromotingPromoting, at the unfair expense of , at the unfair expense of others, an employee who had an others, an employee who had an sexual relationship with someone in sexual relationship with someone in power.power.

Hostile Environment:Hostile Environment:

Comments Comments and/or and/or actsacts are are sexualsexual in in nature.nature.

Conduct is Conduct is unwelcomeunwelcome & & severe or severe or pervasivepervasive..

Liability for all acts of Liability for all acts of ‘‘supervisorssupervisors’’ even if even if in violation of office policy.in violation of office policy.

Liability for Liability for co-workersco-workers actsacts if managers or if managers or supervisors supervisors knew or should have knownknew or should have known and failed to take action.and failed to take action.

New area is liability forNew area is liability for non-employeesnon-employees acts acts (vendors/visitors) – same test as co-workers.(vendors/visitors) – same test as co-workers.

Hostile Environment?Hostile Environment?

What if an employee What if an employee makes a complaint?makes a complaint?

ListenListen, employee deserves to be heard, employee deserves to be heard Take immediate action - Take immediate action - ((investigateinvestigate)) Document, Document, Document !!Document, Document, Document !! Immediately refer any discrimination or Immediately refer any discrimination or

harassment complaint to Employee harassment complaint to Employee Relations Division (IA) or Labor Rep.Relations Division (IA) or Labor Rep.

Never retaliate against complainant Never retaliate against complainant ((major liabilitymajor liability).).

What do you do (con’t) ?What do you do (con’t) ?

Counsel employees regarding offensive Counsel employees regarding offensive behavior and behavior and document action.document action.

Do so immediatelyDo so immediately and advise of and advise of possible consequences.possible consequences.

Take immediate actionTake immediate action to have to have offensive conduct or material stoppedoffensive conduct or material stopped or or removed – *watch out for cartoons, removed – *watch out for cartoons, pictures, calendars.pictures, calendars.

Take immediate actionTake immediate action even where no even where no complaint has been made. (Don’t Wait)complaint has been made. (Don’t Wait)

Personal Liability for Supervisors !Personal Liability for Supervisors !

Does this comply with Does this comply with County policy?County policy?

What if you don’t act?What if you don’t act?

Personal liability of managerPersonal liability of manager is part is part of most anti-discrimination legislation!!of most anti-discrimination legislation!!

Most regulations Most regulations require a recordrequire a record of all of all complaints/violationscomplaints/violations and the and the responsesresponses bebe maintainedmaintained – failure to do so is its – failure to do so is its own basis for liability!!own basis for liability!!

Manager may be subject to internal Manager may be subject to internal disciplinediscipline including warning, reprimand, including warning, reprimand, suspension, demotion or dischargesuspension, demotion or discharge

Family School Family School Partnership ActPartnership Act

• Labor Code 230.8Labor Code 230.8 grants grants parentsparents and guardians of a child in and guardians of a child in kindergarten or grades 1 to 12 up to kindergarten or grades 1 to 12 up to 40 hours off40 hours off each school year to each school year to participate in participate in school activitiesschool activities..

• Limited to 8 hours each month.Limited to 8 hours each month.

• Employees may use vacation or Employees may use vacation or personal leave. personal leave.

Workplace Violence Workplace Violence Safety ActSafety Act • Civil Code 527.8 The Employer shall Civil Code 527.8 The Employer shall

obtain a obtain a restraining orderrestraining order andand injunction againstinjunction against an an employeeemployee who who commits an act of commits an act of workplace workplace violenceviolence..

• A finding by the court to A finding by the court to permanently permanently restrict the employeerestrict the employee form the work form the work site, will over come any civil service site, will over come any civil service ruling. ruling.

Useful Website:Useful Website:

Excellent web cite with national and Excellent web cite with national and state based information:state based information:

http//www.hrhero.com.http//www.hrhero.com.

(Hot Topics, State News Letters, H.R. (Hot Topics, State News Letters, H.R. Advice Columns on all topics)Advice Columns on all topics)

RichBurns @verizon.netRichBurns @verizon.net

HAVE A GREAT DAY !