ACSS met with CDCR in Sacramento on August 11, 2016, to discuss impact on members regarding the implementation of the Directed Reports process. Per CDCR “a Directed Report is a written response to a written or verbal order issued by the Office of internal Affairs (OIA) in which staff are directed to document an incident or action that is the subject of an OIA inquiry or administrative investigation.”
We would like to thank the CDCR members that provided input to ACSS prior to the meeting. Their input and feedback was important and valuable in order for ACSS to address their specific concerns. In these types of Meet and Confer meetings, ACSS represents the voice of members and protects careers on behalf of its members.
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Below is a summary of the main points that ACSS and CDCR discussed in regards to OIA order of Directed Reports process:
- CDCR pushed back the implementation date of the Directed Reports process from August 12 to September 15, 2016, to allow for the meet and confer process.
- The Directed Reports will only be used in lower level investigations. ACSS urged CDCR to not use Directed Reports in investigations involving criminal matters (for example, matters involving use of force).
- CDCR agreed to provide training to investigators on the Directed Reports process. If a policy is created, CDCR will be required to share the policy with ACSS.
- ACSS Members were concerned about protecting their rights such as compliance with POBRA. As per CDCR, employees have the right to representation in the Directed Report process. CDCR listened to ACSS members concerns and will get back to ACSS regarding providing an admonishment with the Directed Reports.
- ACSS proposed that the order for a Directed Report MUST be in writing, not verbal.
- CDCR confirmed employees will be provided with reasonable amount of state time to prepare the report, an appropriate location to prepare the report, and that OIA shall provide reasonable notice of the order. Employees will be provided 10 – 14 days to complete the report.
- ACSS raised member’s concerns about secure and confidential transmission of completed Directed Reports to OIA and whether the method of submission of reports would be via regular mail, email and/or fax. CDCR does not yet have an answer, but is working on a solution that they will provide to ACSS in regards to this issue.
If you have any questions or concerns in regards to this matter, please contact ACSS Assistant Director of Representation, Nellie Lynn, at nlynn@acss.org.