As Figure 4 illustrates, until May 2015, the scheduling office at the prison involved in this investigation was staffed by a supervising registered nurse II (supervising nurse) who reported to the prison's nursing director and who supervised oneÂ or twoÂ scheduling office technicians.
In NovemberÂ 2016, after exhausting its options, the DMV finally denied the employee's reasonable accommodation request and informed her that she could retire, resign, or return to work as a key data operator with a release from her physician indicating that she could perform her duties. However, California Code of Regulations, title 2, sectionÂ 426, requires agencies to formally document and justify any such assignments and receive approval from the Personnel Board's executive officer before makingÂ the assignments. For example, office technicians at a prison who meet the necessary criteria and who act as inmate supervisors receive $190 of inmate supervision pay each month. Other alternatives existed to ensuring adequate staffing in the scheduling office, including borrowing office technicians from other areas of the prison, which the scheduling office had done previously. Until recently, the two employees in question were scheduled to begin work one hour before the other groundskeepers. During this period, the LVN continued to receive her pay as a nurse even though she provided patient care only when she worked occasional overtime shifts, causing Correctional Health Care to waste $10,543 in unnecessary salary payments. This argument lacks merit since the nursing director helped create the situation whereby the scheduling office no longer had an office technician to perform nurse scheduling duties. We estimate that from 2013 through 2017, the employees failed to account for more thanÂ 5,100Â hours of work, costing the State moreÂ than $111,000 in salary paid for work not performed. Incident event posts allow nurses to account for incidents or events that might require them to attend to duties outside their normal assigned posts. Therefore, the manager's recollection of what he stated during his recorded interview is inaccurate. Despite this information, Correctional Health Care did not provide any evidence to suggest that the LVN's efforts contributed to these reported staffing improvements. However, these two employees engaged in time and attendance abuse even during times when they reported to a leadÂ employee.
In addition to the case that follows, we reviewed 111 cases from JulyÂ 2017 through June 2018 that involved misuse of state property. Public Letter Summary Introduction Chapters Appendix Index. In addition, CAL FIRE provides emergency services in 36 of the State's 58 counties through contracts with local governments. The supervisor acknowledged that he allows his staff to leave their work post up to 15 minutes before their shifts end so they have sufficient time to lock up their work areas and turn in their work keys. Although management acknowledged awareness of the LVN's temporary assignment, we did not find any of the required documentation or justification, and the Personnel Board's approval was never sought. The assistant chief who is the subject of this investigation has rented one of the singleâfamily homes sinceÂ 2014. InÂ AprilÂ 2015, the university installed the six standard EV chargers at a cost of around $142,000. In addition, state law requires building plans for state-owned structures to be submitted to the Fire Marshal for review to ensure compliance with applicable building code requirements. Had the standard CAL FIRE rental agreement included this provision, the State would have been more protected against any liability caused by the numerous guests who visited the structure for the assistant chief's private events in 2016 and 2017. After the purchase of the quick charger in MarchÂ 2013, the manager directed his staff in May 2013 to incorporate the quick charger into the existing EV project. In response to an allegation we received that these employees for years regularly took extended breaks, we initiated an investigation and requested Fresno State's assistance in conducting it. This chapter includes certain investigations in which we have substantiated allegations involving misuse of state time and inaccurate attendance records. Allows supervisors and employees to address performance or behavior issues that the supervisors have deemed unacceptable and in need of correction. The master plan at Cal State Dominguez Hills included a project to install six standard EV charging stations in one of the university's parking lots. According to the supervisor, he attempted at that time to reassign them to one of the two other lead employees. Nevertheless, after CDCR appointed another office technician in December 2016, the analyst continued supervising inmate workers and receiving the inmate supervision pay for several more months. In March 2013, a manager at California State University, Dominguez Hills (Cal State Dominguez Hills) directed a member of his staff to purchase a Nissan-manufactured electric vehicle (EV) quick charger for $6,840 before the manager had performed the due diligence necessary to ensure that the equipment was compatible with the energy resource plan for the campus. Moreover, if the supervisors still believed that the employee had a medical condition that caused her to fall asleep, they could have required the employee to submit to a medical examination by a physician selected by the DMV, as state law allows. Further, his behavior caused discredit to the State. Nonetheless, the nursing director still approved the records. To address the improper governmental activities we identified in this investigation, Fresno State should take the following actions: In March 2018, Fresno State reported that since January 2018, it has required Employees A and B to report to a lead employee who will ensure that they perform their duties and account for their time. During a five-year period, two facilities operations employees at California State University, FresnoÂ (Fresno State) engaged in egregious and continued time and attendance abuse by taking extended breaks or leaving campus without accounting for their time. After she was provided with evidence demonstrating that she left campus during work hours to shop at four different stores, Employee B admitted that she left campus on that day but insisted that she only went to one store during her lunch break. However, when the nursing director reviewed and approved the LVN's daily attendance records, she should have realized that the LVN's hours listed under the general ad hoc post did not accurately reflect how she spent her time. Lastly, CDCR revised its inmate supervision pay approval form at the prison to include training dates and signatures of employees who receive, approve, and issue inmate pay. California Public Employees’ Retirement System 275 ... California School Finance Authority 298 . Consider disciplinary action against the nursing director and the LVN for being dishonest when interviewed and for violating Correctional Health Care's policy on personal relationships in the employment setting. Government Code section 19253.5 states that an appointing power may require an employee to submit to a medical examination by a physician or physicians designated by the appointing power to evaluate the capacity of the employee to perform the work of his or her position.
Take appropriate disciplinary action against the assistant chief. Terri McClain, CFE High Contrast.
Administrative action to recover an overpayment must be initiated within three years from the date of overpayment. The provision establishes that neither the State nor CAL FIRE is responsible for losses or damage to the tenant's personal property, equipment, or materials and states that CAL FIRE recommends that the tenant obtain renter's insurance. CDCR indicated that it had established an accounts receivable for the analyst to repay the $2,925 of improper payments and formally notified her ofÂ the repayment process. This decision allowed the LVN to work a favorable schedule that otherwise would likely not have been available to her. Our recorded interview with the manager shows that when asked if he had an idea or a projected time frame for when the quick charger might be installed, the manager stated in part that he had talked to the administration about putting in more charging stations and potentially installing the quick charger with those additional charging stations. During this period, the LVN spent 1,934 hours performing duties in nursing administration rather than in her assigned post providing patient care. When interviewed by an investigator, they both denied being friends. Seek repayment from the analyst for the $2,925 in improperÂ payments. However, an agency is neither required to provide an accommodation that would cause it undue hardship nor must it exempt the employee from performing his or her essential job duties. State Agencies Set Location Contact Us Translate Settings × Saving your California location allows us to provide you with more relevant information. Education Code section 89535 provides that a permanent CSU employee may be dismissed, demoted, or suspended for reasons that include dishonesty and failure to perform the normal and reasonable duties of his or her position. Despite being made aware of this issue, the superior failed to take sufficient actions to ensure that these employees received the appropriate level of supervision. It also stated that the quickÂ charger was not in an unsecured location because the quick charger was not disturbed or removed from the campus inappropriately and remains in Cal State Dominguez Hills' inventory. Had they followed established processes, they would have recognized that the analyst no longer qualified for the inmate supervision pay in her new position. Witnesses explained that because the employee did not process the expected number of documents, other key data operators had to take on her unfinished workload. Two of the witnesses explained that because of EmployeeÂ A's attendance abuse, he did not complete mowing his assigned work area and that other employees, including themselves, needed to complete his unfinished work. By contrast, the bargaining unit representing firefighters and the State included a provision in the bargaining agreement effective January 2017 that requires all lessees of stateâowned housing to secure at their personal expense a broad policy of comprehensive coverage of public liability insurance, insuring the lessees against loss or liability caused by or connected with their occupation or use of the rental properties. Furthermore, although the report stated the manager allowed the quick charger to remain outdoors in an unsecured part ofÂ the central plant for nearly five years, Cal State Dominguez Hills asserted that charging stations are intended to be located outdoors and thus storing it in an outdoor location was not problematicÂ and did not affect its functionality. TwoÂ state-owned, single-family houses and a mobile home are also located on the compound, and CAL FIRE rents these residences to its employees. When completing her daily attendance records, the LVN misrepresented how she spent her work time on daily attendance records by assigning herself to a general ad hoc post in the scheduling software. Government Code section 19572 identifies inefficiency, inexcusable neglect of duty, discourteous treatment of the public or other employees, and other failure of good behavior that causes discredit to the appointing authority as causes for discipline of a state employee. Increase Font Size Font Increase.
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