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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
El Dorado County Grand Jury
• 2000-2001
Abuse of Sick Leave by Sheriff's Department
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 7 findings
F1
Page 6
The then Undersheriff did not attend work from January 28, 2000, until his retirement on May 5, 2000. Response to F1: The respondent agrees with the finding.
F2
Page 6
Section 1006 of the El Dorado County Salary & Benefits Resolution for Unrepresented Employees states, “sick leave taken in excess of eighty hours may be supported by a Doctor’s excuse”. Response to F2: The respondent disagrees wholly with the finding. Section 1006 of the El Dorado County Salary & Benefits Resolution for Unrepresented Employees does not contain the quote cited in the finding. What it does say is: “Departments may request information in order to aid in the determination of whether the sick leave use is legitimate. A department head may require a physician’s statement or acceptable substitute from an employee who applies for sick leave (emphasis added).” 7
F3
Page 7
Payroll records indicate that the then Undersheriff was paid for two hundred (200) hours of sick leave form January 28, 2000 to May 5, 2000. Response to F3: The respondent agrees with the finding.
F4
Page 7
The action described in Finding 3 resulted in the “use” of accumulated sick leave for which the then Undersheriff would not have been entitled to receive payment at the time of his retirement. Response to F4: The respondent agrees with the finding.
F5
Page 7
The then Undersheriff was not sick during this period. Response to F5: The respondent disagrees wholly with the finding. The Sheriff has no personal knowledge of the then Undersheriff’s health during the period in question. The Sheriff will investigate the Grand Jury’s finding pursuant to Section 1006 of the El Dorado County Salary & Benefits Resolution for Unrepresented Employees and if it is determined that the then Undersheriff was not ill, a demand for repayment of funds will be pursued.
F6
Page 7
The affected employee was entitled to receive payment for 504 hours of sick leave upon retirement under Section 1009 (A) The El Dorado County Salary & Benefits Resolution for Unrepresented Employees. Response to F6: The respondent agrees with finding.
F7
Page 7
The affected employee received payment for 504 hours of sick leave upon his retirement. Response to F7: The respondent agrees with the finding.
Recommendations 2
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R1Page 7Sick leave regulations should be rewritten with adequate specificity to give notice to employees of their rights and to give notice to the department of the specific regulations, which are its responsibility to enforce. Response to Recommendation R1: The recommendation has not yet been implemented, but well be implemented in the future. The Salary and Benefit Resolution will be revised to provide that requests for extended use of sick leave will require a statement from the employee’s physician. Specific language amending the Salary and Benefit Resolution will be proposed to the Board by January 2002. 8
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R2Page 8The Sheriff should enforce the sick leave regulations uniformly. Response to R2: The recommendation has been implemented. The Sheriff already enforces sick leave regulations uniformly. In this specific instance, the then Undersheriff sent a memo to the Sheriff dated August 3, 1999 announcing his retirement effective April 28, 2000 and requesting authorization to use accumulated vacation from January 31, 2000 through April 28, 2000. That request was approved. Subsequently, and unknown to the Sheriff, the then Undersheriff called the Sheriff’s payroll section each pay period beginning on or about January 27, 2000 and issued verbal instructions as to how his time should be coded. On five separate occasions he verbally directed that he be shown as using 40 hours sick leave and 40 hours vacation. Upon learning from the Grand Jury report of this behavior, the Sheriff initiated action pursuant to Section 1006 of the El Dorado County Salary & Benefits Resolution for Unrepresented Employees to determine if that sick leave usage was illegitimate. If found to be, then a demand for repayment will be made. Responses Required for Findings