Dallas County Sheriff's Association The DCSA Has Been Serving the Employees of the Dallas County Sheriff's Department Since 1971             

Our Response

I concur with Captain Mitchell on several of the issues that he outlined. Further input is as follows:

 

  • Even though 2.07 is employment probation and 2.41 is promotion probation, those policies are somewhat ambiguous and should reflect each other.

 

  • I would like to see 2.35 reworked. It would be clearer if 2.34 clearly defined Civilian, law enforcement employee and sworn law enforcement employee.

 

  • I see several issues with 2.41, specifically:

 

    • A (1) The immediate supervisor does not have the authority to “ensure appropriate, effective training is provided” if the department does not provide adequate support.

 

    • A.(4). This should not be the responsibility of the employee.

 

    • B (3) Termination should not be an option if the employee has demonstrated the ability to satisfactorily perform the duties associated with the old position or the other suitable position.

 

    • C. Remove the following two exceptions from the paragraph: “unless there is a break in their employment with Dallas County.” And “with the exception of Section 2.41 (B-2).”

 

  • 2.42­ - Revert 2.42 back it’s original wording as follows: “2.42.  Resolution of promotion sequence.
    • In the event of any disagreement over who should receive a promotion when candidates score equally in testing the determining factor will be seniority in their prior rank. If that criteria fails to resolve the issue, seniority within the sheriff's department will be used to determine order of promotion.”

 

    • The new section is too convoluted and may cause confusion especially in cases where the test scores have not been maintained. This should also be the same for reduction of force. The fairness of the policy can be debated by either position but seniority is easier to determine and simplifies the compliance with the policy.

 

  • 2.50 I don’t see any problems with the policy in regard to the reduction for the current list but in the event of a tie, the considering factor should be seniority. Again, this policy is convoluted and needs to be simplified. What about non-sworn law enforcement employees?

 

  • 2.53 I agree completely with Captain Mitchell but I would also include Detention Service officers in the paragraph with sworn law enforcement employees under the two year stipulation.

 

  • 4.00 I don’t see any issues with this policy.

 

In general, our civil service rules are in need of a major overhaul and these changes are like putting a band aid on an arterial wound. Civil Service was implemented in part to protect the rights of employees and I think we have lost sight of that aspect. The Dallas County Sheriff’s Association has been working through its attorneys to develop an updated civil service manual that we would like to present to the commission for review once it is complete, if the commission is amicable.

 

 

From Dallas County Human Resources: Captain Mitchell's response is in RED.

PROMOTIONS

2.34. Definition.

A promotion is the advancement of an employee from a lower salary grade to a higher salary grade.

2.35. Advancement.

It is the policy of the department and the civil service commission to give qualified employees advancement opportunities whenever possible. Qualified employees will be required to satisfy all qualifying those that meet requirements and guidelines, to be as determined and formulated by the commission. Civilian and law enforcement employees follow different paths in the promotional process.

2.36. Vacancy notice posted.

When a vacancy is created in a department, a job opening notice (Form P/CS 102) shall be posted on the detail board in order to determine if any current employees are interested and qualified.

2.37. Review qualifications.

Interested employees must notify their immediate supervisor and contact the department's resource division to have their qualifications reviewed. Some positions may require testing (i.e., detention service officer and deputy). The most qualified detention service officer candidates will be placed in the DSO academy where they must satisfactorily complete the training program as well as pass the TCLEOSE written exam. The most qualified deputy candidates will undergo a rigorous selection process and will be placed in the deputy academy where they must satisfactorily complete the training program as well as pass the TCLEOSE written exam, and the field training program.

2.37 should also say that DSOs must pass a field training program

2.38. Interviews.

Qualified employee applications shall be sent referred to the supervisor where the vacancy exists and where interviews will be conducted.

2.39. New salary grade.

Salary ranges for promotional increases are as follows:

(1) Non-law enforcement employees receiving a promotion shall be placed in the appropriate new salary grade and be given a salary which will assure him of a minimum of five percent; or a maximum of five percent per pay grade of advancement, not to exceed a maximum of 20 percent; or the maximum in hire salary, (based on qualifications), whichever is greater.

(2) Law enforcement and detention officer promotions shall include a ten percent increase and be accomplished by placement in the closest step in the promotional grade which meets or exceeds the ten percent increase in salary. Promotion to corporal shall be limited to five percent and to the closest higher step.

(3) Employees who transition from civilian employee to law enforcement employee or vice versa will be treated as new hires in accordance with the applicable policy or plan.

2.40. Promotions; two-week notice.

Any employee who is accepted for a promotional transfer between departments shall give his supervisor/department head two weeks prior notice before transferring between departments unless a mutual agreement of lesser or greater notice is made between the affected department heads.

2.41. Promotion probation.

A. An employee who is promoted to a higher grade level shall be placed on a six-month probationary period from his effective date of promotion during which time the employee must satisfactorily demonstrate his ability to perform the duties required. The following guidelines shall apply:

The immediate supervisor will ensure that appropriate, effective training is provided;

The employee shall receive three and six month performance appraisals;

Additional formal feedback may be given at the department’s discretion, e.g., weekly/daily training assessments, performance standards, etc.; and

Employees who do not receive their formal appraisals at the end of the three and six month interval within 31-days after the due date should immediately contact the Sheriff’s Department’s Resources Development Division

periodically evaluate and advise the employee of his progress and assure that the employee receives any necessary training required in order for the employee to successfully perform the job duties.

2.41 is in conflict with 2.07 on the probationary period for those promoted into DSO or Deputy positions. 2.41 must refer those promoted into DSO and Deputy positions to 2.07.

Also 2.07 needs to be reworded:

The Civil Service Commission currently treats persons promoting into DSO positions (from clerk or Courtesy Patrol) and persons promoting into Deputy positions (from clerk, Courtesy Patrol, or DSO) as promotions and not new hires. This rule needs to address this along with retreat and appeal rights.

 

Also 2.07 needs to clarify the probationary period for DSOs. It says 12 months for certified law enforcement personnel. It later talks about detention service officers and deputies. The language needs to be consistent.

Also in 2.07 the words certified/certification needs to be replaced with licensed/licensure.

 

Failure of the employee to perform satisfactorily perform the assigned job duties during the probationary period may will result in the employees:

Demotion back to the employee's old position and salary with the Sheriff’s department head's approval;

Transfer to another suitable position; or

Termination in the event no suitable positions are open.

Civil Service covered employees who are placed in another position with civil service coverage will retain their coverage during the probationary period in the new position. They do not start their initial employment probationary period over again, unless there is a break in their employment with Dallas County. While the department may take any one of the actions outlined in Section 2.41(B), documentation will be required and an employee is eligible to appeal such actions to the Sheriff’s Department Civil Service Commission, with the exception of Section 2.41(B-2).

 

2.42 Resolution of promotion sequence. Promotional Guidelines for Law Enforcement

For law enforcement personnel, the following promotional guidelines shall apply:

(1) Promotions are made from a promotional list approved by the civil service commission;

(2) This promotional list is good for one-year unless extended by the civil service commission;

(3) An officer is ranked on the approved promotional list based on his test score for that rank;

(4) An officer is promoted from the promotional list based on his ranking on the promotional list. For seniority purposes, the officer ranked #1 on the promotional list will be considered to have been promoted before the officer ranked #2, etc., even when they are promoted on the same day.

(5) An officer may be promoted on a temporary basis without following the formal promotional process. However, the officer receives no credit for time in rank while in a temporary assignment;

(6) When a vacancy occurs, the Sheriff shall

a. determine when to fill the position based on operational and/or business needs;

b. the department must verify that a position vacancy has appropriate funding and there are no pending grievances/appeals for the position under consideration; and

c. when the decision is made to fill the vacancy, the Sheriff must follow all applicable civil service rules and regulations.

Promotional Sequence.

When law enforcement officers are promoted, the following promotional sequence will apply:

(1) For the vacancy under consideration, the officer with the highest ranking on the applicable civil service promotional list shall be promoted. If there is a tie between officers, then we will consider:

(2) Seniority in the rank the officers’ currently holds. If there is still a tie, then we consider:

(3) Ranking on the promotional list for the rank the officers’ currently holds. If there is still a tie, then we consider:

(4) Seniority in the next lower rank held. If there is still a tie, then we consider:

(5) Ranking on promotional list for the next lower rank held. If there is still a tie, then we consider:

(6) Seniority with department.

Example:

Officer A and B took the Lt. promotional exam and both scored 99. Since there is a tie (99), consideration is given to the officer "who has the most seniority as a sergeant (current rank).

Upon review of seniority as a sergeant, both officers were promoted on the same day. Consideration is then given to their ranking on the promotional list for sergeant (current rank).

Upon review of ranking on the promotional list, both officers scored 95 on their sergeant examination. Since there is still a tie (95), consideration is then given to "who has the most seniority in prior rank" (deputy).

Upon review of seniority as a deputy, both officers were hired on the same day. Consideration is then given to their ranking on the promotional list for deputy (prior rank).

Upon review of ranking on the promotional list, both officers scored 94 on their deputy examination. Since there is still a tie (94), consideration is then given to "who has the most seniority in the sheriff’s department.

If there are questions regarding the promotional process, please contact the secretary to the Sheriff’s Department Civil Service Commission for clarification.

In the event of a question regarding who should receive a promotion when candidates make the same test score, the determining factor will be as follows: (1) seniority in rank immediately below the rank for which the most recent test was given. If there is still a tie, (2) the test score on the promotional list immediately below the rank for which the test was given will be used. If there is still a tie, (3) seniority within the sheriff's department will be used to determine order of promotion.

DEMOTIONS

2.43. Definition.

A demotion is a reduction of an employee from a higher salary grade to a lower salary grade as a result of: 1) the inability of the employee to fulfill the functions of the job; 2) the employee's request for such change; 3) disciplinary action; 4) reduction-in-force; or 5) significant changes as a result of organizational or program changes over which the sheriff has no control, such as reorganizations.

2.44. Authority.

The sheriff has the authority to demote employees for just cause as defined in chapter V of this policy. The demoted employee's new salary grade will be determined by the county's compensation policy.

2.45. Reserved.

REDUCTION-IN-FORCE

2.46. Definition.

A reduction-in-force means a decrease in the number of authorized employees resulting from a discontinuance of services, organizational changes, or change in funds authorization, and is not to be considered a disciplinary action.

2.47. Determination.

Changes in position authorization required in a reduction in force will be determined by commissioner's court and will be initiated by the ordered reduction of budgeted funds, or the reduction of authorized positions in specific departments/sections.

2.48. Referral for reassignment.

Whenever possible, employees occupying positions to be deleted due to a reduction in force in one department/section shall be referred for reassignment to other position openings for which they are qualified in the same or other departments/sections by coordinating this action with the department's resource division.

2.49. Retention.

Retention of employees will be based on length of service in the position rank.

2.50. Seniority.

Length of service of an employee for inclusion in layoff ratings shall be based upon seniority in rank. Seniority in rank is determined by how long an officer has occupied his/her current rank. If more than one officer have the same date of rank, then seniority is based on the ranking on the promotional list for their current rank. An officer ranked #1 (highest score) on the promotional list for their current position will have been considered to have more seniority before officer #2, #3, #4, etc. on the promotional list. Therefore, the layoff sequence order shall be officers #4, #3, #2, and #1.

Layoff Sequence when tie.

When there is a tie for a reduction in force, the following layoff sequence will apply:

The officer with the lowest ranking on the promotional list for his/her current rank shall be the first to be laid off. If there is a tie between officers, then we will consider:

Seniority in the next lower rank and subsequent rank (if applicable) held. If there is still a tie, then we consider:

Ranking on promotional list and subsequent lists (if applicable) for the next lower rank held. If there is still a tie, then we consider:

Seniority with the department.

For further clarification, we have included the following example illustrating the definition of "Seniority in Rank":

Example: Officers A and B were promoted to Sergeant from the promotional list of 2007 on the same day, April 2, 2007. Officer A’s score was 90 on the Sergeant exam of 2007. Officer B’s score was 80 on the same exam and promotional list. During a Reduction in Force in 2008, Officer A has more seniority in rank than Officer B because although they were both promoted on the same day, his score (90) is greater than Officer B’s score of 80.

Length of service of an employee for inclusion in layoff ratings shall be based upon the number of calendar months of continuous departmental service in the affected employee's current classification. [Portion of language moved to opening statement for 2.50] Periods of absence on leave without pay shall not be credited as continuous departmental service. Length of service in the class for which the layoff is computed shall include service in any other class deemed by the sheriff, subject to the approval of the sheriff's department civil service commission, to be equal to, or greater than the employee's current classification. An employee who resigns from the department, or is dismissed for cause, shall lose all seniority credited to him/her prior thereto, and subsequent reinstatement or reemployment of the employee shall not restore the seniority so lost. Any non-law enforcement employee laid off shall after timely reinstatement (one year) regain the seniority credit he/she possessed at the time of layoff . Any sworn law enforcement employee laid off shall, after timely reinstatement (two years) regain the seniority credit he/she possessed at the time of layoff.

2.51. Option of demotion.

A regular employee shall, in lieu of layoff, be afforded the option of demotion within the department to a position of the next lower grade or class; provided that no such demotion shall in turn require layoff or demotion from such lower grade or class of any employee whose layoff rating in his/her own class is at least as high as that of the other employee. The salary of a non-law enforcement employee being reduced in job grade due to a reduction in force, will be determined by the sheriff, but shall not be greater than his/her current salary nor greater than the maximum of the prescribed salary range of their new position. The salary of a law enforcement employee being reduced in job grade due to a reduction in force will be determined by the sheriff, but shall not be greater than the maximum step allowed, had the employee remained in the lower job grade.

2.52. Grant funded employees.

Non-law enforcement employees, who are hired into grant-funded positions from the external job market, are specifically excluded from bumping employees in regular, full-time positions funded from the general fund but are permitted to bump employees within the same grant.

Non-law enforcement employees, who are promoted into or otherwise transferred to grant-funded positions, are allowed to bump based on seniority other regular, full-time non-law enforcement positions funded from the general fund.

Law enforcement employees are allowed to bump based on seniority other regular, full-time law enforcement positions funded from the general fund.

2.53. Employee to be reinstated.

If a non-law enforcement employee is laid off as the result of a reduction in force, and if within a period of one year thereafter, a vacancy should occur in the same department and in the same or in a lower class, the employee shall be reinstated in the vacant position, provided that such employee is willing to accept the offered employment, and provided further that such employee meets all bona fide job qualifications for the position.

If a sworn law enforcement employee is laid off as the result of a reduction in force, and if within a period of two years thereafter, a vacancy should occur in the same department and in the same or in a lower class, the employee shall be reinstated in the vacant position, provided such employee is willing to accept the offered employment, and provided further that such employee meets all bona fide job qualifications for the position.

Vacancy needs to be defined. The Civil Service Commission currently says a position is vacant on the first day after a person leaves the position. Dallas County says a position is vacant after a person has left the position and his benefits have run-off.

2.54. Restoration of benefits.

All employees being reinstated from reduction in force status will be subject to restoration of benefits and salary level as determined by the county's compensation policy.

2.55. Promotional increases for demoted employees.

All non-law enforcement employees accepting a demotion in lieu of layoff shall be eligible to receive promotional increases greater than what is allowable under promotional policies, but not to exceed their salary at time of demotion.

All law enforcement employees accepting a demotion in lieu of layoff shall be eligible to receive promotional increases greater than what is allowable under promotional policies but not to exceed their maximum earned step had they retained the higher grade.

2.56. Preference.

When more than one laid off person qualifies for reinstatement under, this section, the preference shall be given to the person laid off last.

 

 

PART I. PURPOSE

4.00. Employee grievances.

Effective management and respect for individual dignity requires that employees have means available for the proper redress of grievances. A sheriff's department employee having a complaint relating to any matter affecting his or her employment is ensured the right of review at succeeding levels of department authority until his or her grievance is resolved. The right of an employee to file a grievance and its administrative review promotes efficiency and results in improved morale. Those positive benefits are defeated if employees are reluctant to file a grievance. Therefore:

(1) No action of a formal or informal nature shall be taken by the department against any employee, his or her witnesses, or employee representative, merely for his or her having filed a grievance;

(2) The filing of a grievance shall not be looked upon with disfavor by the department; and

(3) No employment rights and benefits may be taken from an employee who file such a complaint until the matter has been resolved/appealed through all applicable channels, including the Sheriff Department Civil Service Commission.

For example, an employee is terminated and starts the appeal process within the required seven (7) days. The department will not be able to fill that employee’s position on a permanent basis until all internal applicable appeal processes have been exhausted or the employee agrees top a resolution).

Temporary changes may occur if the department determines it is for health, safety and business operational reasons. Rights and benefits are those defined by Commissioners Court, the Sheriff’s Civil Service Commission, and applicable laws and regulations. They do not include discretionary items afforded by the elected official/department head such as outside employment, flexible schedules, hours of employment, etc.

4.01. Publication and revisions.

Each time the grievance system procedure is modified, the department shall submit same to the commission for review and approval. The approved procedure shall be incorporated in the departmental General Orders Manual.

4.02. Purpose of grievance system.

The purpose of the grievance procedure is to settle all grievances between the sheriff and all employees under the sheriff's department civil service system as quickly as possible and at as low an administrative level as possible, so as to assure efficient work operations and maintain employee morale.

 

 

 

BACK