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HomeMy WebLinkAboutMINUTES - 08191986 - 2.5 a- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 19 , 1986 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None -------------------------------------------------------------------- -------------------------------------------------------------------- SUBJECT: Response to Complaint Regarding Selection Procedures for Deputy Probation Officer (DPO) The Board on May 20, 1986 requested the County Administrator to review promotional and employment practices in the Probation Department. This action was in response to a petition signed by Group Counselors in that Department protesting the method of selection currently proposed for Deputy Probation Officer II ' s. In a report (dated August 14, 1986 ) to the Board, Phil Batchelor, County Administrator, commented on the differences between the Deputy Probation Officer series and the Group Counselor series, affirmative action objectives for the Department, the one year dura- tion of . employment eligible lists for the Deputy Probation Officer series, and the preference of the Probation Officer that all DPO appointments be made through a competitive examination process and subject to a probationary period. In conclusion, Mr. Batchelor pro- posed that the Probation Department and Personnel Department should continue to work with the Group Counselors and their representatives to identify opportunities and methods to enhance their promotional potential. (A copy of that report is attached and included as a part of this document. ) IT IS BY THE BOARD ORDERED that receipt of the report of the County Administrator is ACKNOWLEDGED. CC: Eddie Turner 1775 82nd Avenue Oakland 94621 County Administrator Probation Officer Personnel Director I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Z9 /9'7e PHIL BATC14LOR,Clerk of the Board of Supervisors and County Administrator By , Deputy Board of Supervisors County Administrator Contra Ist i �^ ,st District NsincyCounty Administration Building Costa 2nd Di C.t=andsn Martinez,California 94553 2nd District (415)3724080 �ut�ty Robert i. Sehrodsr 3rd District Pull datcheW County Administrator 4th Dh Wright �` 4th Dbtrid Tom Torh*son 5th District TO: Board of Supervisors DATE: August 14, 1986 FROM: Phil Batc'heYor, County Administrator SUBJECT: Response to Complaint Regarding Selection Procedures for Deputy Probation Officer This report responds to the petition received by your Board on May 20, 1986, regarding selection procedures currently in effect within the Probation Department for Deputy Probation Officer II. Tke complainants are current employees in the Group Counselor and Institutional Supervisor classifications and raise issues concerning the Probation Departments' failure to implement direct transfer from Group Counselor III to Deputy Probation Officer II , the Probation Departments' decision to call for a new promotional Deputy Probation Officer II examination rather than to extend an existing list, and the manner in which the Probation Department is pursuing its affirmative action goals. As remedy, the appellants have asked that the Board direct the County Probation Officer to fill all Deputy Probation Officer II vacancies by promotion of Group Counselors. A. Relevant Facts: 1. The Deputy Probation Officer series and the Group Counselor series are different job families. Deputy Probation Officers make investigations and prepare written reports and recommendations on adult and juvenile cases referred by the courts and supervise adult and juvenile probationers. Entry into the Deputy Probation Officer series at the II level requires possession of a baccalaureate degree and one year of field probation on parole experience. Group Counselors are assigned to a detention, shelter or treatment facility and are primarily concerned with guiding the conduct of children within the institution and performing short-term counseling to assist the children in adjustments to institutional living. Entry into the Group Counselor series requires completion of 60 semester units, including courses in behavioral science areas. A distinction between probation and institutional work in probation departments is the norm in almost all California Counties. Deputy Probation Officers' generally receive higher compensation due to greater complexity of the work involved in contact with the legal and court system and in the written and analytical skills needed to effectively handle a caseload of offenders on probation. Board of Supervisors -2- August 14, 1986 2. The County Probation Officers' policy of seeking appropriate representation of Hispanics and Asians in job classifications where these .groups are presently underrepresented is consistent with the County' s Affirmative Action objectives. Permanent appointees from the 1985 promotional eligible list for Deputy Probation Officer II included 2 Hispanics, 1 American Indian and 8 Whites. Appointees from the open eligible list for Deputy Probation Officer II list included 2 Hispanics, 2 Blacks and 4 Whites. The Probation Department was able to make overall progress toward its Affirmative Action goals by appointing a total of 4 Hispanics, 2 Blacks, and 1 American Indian. Except for Blacks, these are categories in which the Probation Department is working to achieve appropriate representation. Use of the open list doubled the number of Hispanics appointed and no Hispanics or Blacks were passed over for appointment from among the names certified and available for consideration: The Probation Department has taken steps to enhance the opportunity for upward mobility within and between the Group Counselor and Deputy Probation Officer series. Flexible staffing is in effect in both series and allows qualified incumbents to promote from the I level through the III level without formal examination. Experience as a Group Counselor is allowed to substitute for the field probation or parole experience requirement at the DPO II level . A recent negotiated special salary increase for the class of GC III has allowed movement from that class into the class of DPO II and has eliminated requirement for demotion to DPO I in order to move between the series. The County Probation Officer has been consistent in his position that entry into the DPO series be on a competitive basis and has supported promotional examinations for this purpose. He has also remained consistent in his position that filling DPO vacancies through a combination of out- side candidates with direct field probation experience and inside Group Counselors with departmental experience enhances the effectiveness of the Probation Department. No promises or agreements have been made at any time regarding assured promotion from Group Counselor to Probation Officer positions. The Probation Department does not consider that the Deputy Probation Officer series and the Group Counselor series are strictly vertical or that entry into the former should be exclusively from the latter. 3. The 1985 open and promotional eligible lists for Deputy Probation Officer II were originally promulgated on January 9, 1985 and expired routinely on January 9, 1986 at the end of a 12 month life. The one year duration had been noted on the examination announcement. The majority of eligible lists promulgated have a one year life. In multi-position classes where turnover occurs and usage is frequent, it is the County's policy to maintain current employment lists. With respect to promotional examinations, it is appropriate to allow entry into competition of those who have met minimum qualifications since the Board of Supervisors -3- August 14, 1986 previous examination. Eligible lists extended for long periods foreclose promotional opportunities to qualified candidates and are contrary to merit principles. 4. The open and promotional examination format for DPO II was designed to promote equality of employment opportunity. In February 1979, the Contra Costa County Civil Service Commission approved, upon recommendation of the County Personnel Department and the County Probation Department, a procedure under which both open and promotional examinations for the Deputy Probation Officer series would be administered concurrently and appointments to Deputy Probation Officer vacancies made on an alternating basis from the two lists. This procedure was initiated in cooperation with the Contra Costa County Legal Service Foundation, Consent Decree plaintiffs, to address complaints brought by the Foundation that use of demotional transfers from Group Counselor positions to Deputy Probation Officer vacancies by the Probation Department was adversely affecting the Departments ability to" increase representation of both BlacKs and Hispanics in the latter job 'series. The open and promotional examination format and alternating utilization procedure for Deputy Probation Officer has been in effect since 1979. 5. In April 1986, the County announced a promotional examination for DPO II to be administered concurrently with the open examination underway. A letter to Probation Department employees' bargaining agent stated the County Probation Officer' s intent to select appointees from both the open and promotional lists on an alternating basis. The letter explained that the department' s Affirmative Action objectives of hiring more Hispanic and Asian Deputy Probation Officers would not likely be met by limiting the applicant pool to current employees. 6. Under the governing rules, incumbents in the Group Counselor III class can be permitted to transfer to the class of Deputy Probation Officer II. But it was criticism of the transfer mechanism which led to the current practice of appointments from promotional and open employment lists. Also, because there are more requests for transfer from Group Counselor III to Deputy Probation Officer II than there are positions available and the Probation Officer wishes to insure that all DPO II appointees be subject to a probationary period, the Department strongly prefers that all DPO appointments be made through a competitive examination process. B. Conclusions: The foregoing facts lead this office to the following conclusions: 1. Many persons employed as Group Counselors meet or surpass the minimum qualifications to become Deputy Probation Officers and experience in the Group Counselor class can be pertinent to the successful accomplishment of Deputy Probation Officer duties. The Probation Department believes that it needs also to concurrently consider persons with field experience specific to the work of Deputy Probation Officers which is not gained in the Group Counselor class. Board of Supervisors -4- August 14, 1986 2. The use of both an open and a promotional list provides a method of giving fair and equitable consideration to the interests and skills of the Group Counselors as well as to the other needs of the Department. Recognizing the interests and abilities of the Group Counselors, the Probation Officer has indicated that the first persons appointed to Deputy Probation Officer II will be current Group Counselor employees who are qualified on the promotional list. 3. The Probation Department and the Personnel Department should continue to work with the Group Counselors and their representatives to identify opportunities and methods to enhance their promotional potential . PB:cm cc: Eileen Bitten Rich Heyne