Section 3392.4 - Adverse Action Penalties(a) Letter of Reprimand: A Letter of Reprimand is the lowest level of adverse action.(b) Salary Reduction: A Salary Reduction is a reduction of a percentage of an Employee's salary within the salary range of the employee's classification for a specified number of qualifying pay periods.(c) Suspension without Pay: Suspension Without Pay is a temporary separation from state service during which the employee does not work and pay is docked for a specified period of time. A Suspension without Pay shall be specified in qualifying workdays. (1) While on a Suspension without Pay, an employee who is on an alternate work schedule will revert to a 5/8/40 work schedule.(2) The Suspension without Pay shall not run concurrent with any other leave and shall be tolled for any holiday, vacation, furlough, or other leave.(3) An employee's service credits, health benefits, and other benefits may be affected depending upon the length of Suspension without Pay.(d) Demotion: Demotion may be to any lower class, within the promotional chain, for which the employee is otherwise qualified and eligible, at a lower than maximum salary, and at a salary not exceeding the salary the employee received in their prior position. (1) A demotion may be permanent or temporary.(2) If the demotion is temporary, the employee returns to their prior higher classification following the conclusion of the temporary demotion.(e) Dismissal: Dismissal from state service is an appropriate penalty for misconduct that renders the individual unsuitable for continued employment. Dismissal may or may not be preceded by corrective action or prior adverse action.Cal. Code Regs. Tit. 15, § 3392.4
1. New section filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-13-2022 order, including renumbering of former section 3392.4 to section 3392.5, renumbering of former section 3392.3 to section 3392.4 and amendment of NOTE, transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9-29-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 39). Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 19570, Government Code; Sections 5054 and 5058.4, Penal Code; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters Final Report Re: Department Of Corrections Post Powers Investigations And Employee Discipline; Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; Case No. C90-3094-T.E.H. Class Action.
1. New section filed 12-28-2021 as an emergency; operative 1/1/2022 (Register 2021, No. 53). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-13-2022 as an emergency; operative 6/13/2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-13-2022 order, including renumbering of former section 3392.4 to section 3392.5, renumbering of former section 3392.3 to section 3392.4 and amendment of NOTE, transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9/29/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 39).