Criminal Convictions Involving California State Employees

Criminal Convictions Involving California State Employees

Criminal Convictions Involving California State Employees

As an employee of the California civil service system, what happens to your position if you have to face a criminal arrest or conviction?

In California, some criminal convictions can mean administrative discipline for a state employee.  Peace officers are measured by a more strict standard than others, because an officers’ duty is to uphold the law.

If you’re a state civil service employee and you are looking at possible punitive action as a result of a criminal charge, our California Criminal Defense attorneys might be able to help you.  Our firm represents  state employees accused of crimes.  We assist them in resolving and evading disciplinary action.

In this article, we offer you an overview of criminal convictions that involve California State Employees.  We cover:

1. What regulating body oversees state civil service employees?
2. Could a criminal conviction be cause for discipline?
3. What special rules are there for California state peace officers?
4. Will I be able to fight to keep my job?

1. What regulating body oversees state civil service employees?

In matters of discipline, including sanctions for having been subject to criminal arrest or conviction, the California State Personnel Board (SPB) regulates civil service workers.  This is the body that enforces civil service statutes in keeping with the California Constitution. Dismissals, suspensions, demotions and salary reductions are among the possible disciplinary “adverse actions” one can face.

The factors that are assessed in connection with a disciplinary penalty are:

• Any actual or potential harm to public service,
• what the circumstances of the misconduct were, and
• the likelihood of it happening again.

2. Could a criminal conviction be cause for discipline?

Among the 24 grounds for California civil service discipline of a state employee, conviction of a felony crime or a misdemeanor offense that involves “moral turpitude” is a major factor.  The general definition of “felony” is an offense punishable by state prison or death.

Other offenses (which are not infractions) are misdemeanors. California law defines crimes of moral turpitude as ones involves fraud or dishonesty, the corruption of others, or particularly egregious acts.

Some examples of moral turpitude found by the State Personnel Board include:

• Cases involving fraudulent vehicle registration
• The act of fraudulently collecting unemployment benefits
• Incidences of battery on a child of sexual nature

A conviction can be a guilty plea, guilty verdict, or a conviction following a plea of nolo contendere, also known as a  “no contest” plea.

On top of that, a conviction for certain California crimes renders you ineligible to hold any public office in the state of California.

3. What special rules are there for California state peace officers?

More considerations apply with respect to criminal convictions for state employees who are peace officers.  This category includes officers with the California Highway Patrol, corrections officers and special agents at the Department of Justice.

Pursuant to California legislation, a felony conviction disqualifies an individual from being a peace officer.  This disqualification includes all felony convictions, even those from out-of-state and any that were expunged.

A few exceptions apply, specifically those relating to California Drug Diversion, such as PC 1000 (Deferred Entry of Judgment) programs, alternate felony-misdemeanor possession offenses and parole/probation officer positions.

Non-punitive Termination on the Basis of Inability to Carry a Gun

Since peace officers carry fire arms, the collateral problem of preventing an officer from complying with a job requirement tjat certain convictions can cause– could possibly lead to “non-punitive” termination. California’s “felon with a firearm” legislation makes it a crime to own, possess or use a gun if you’ve been convicted of a felony or specific enumerated misdemeanors.

Those who successfully complete a diversion program can be helpful in misdemeanor cases involving the disqualification to carry a gun, as this might avoid entry of  “judgment” of conviction.

4. Will I be able to fight to keep my job?

Because you are a permanent civil service employee, you have a legally protected interest in continued employment.  You are entitled to procedural safeguards with regards to disciplinary actions, including the right to receive notice of any adverse action.

Stage one in the discipline process is the pre-termination Skelly hearing.  During this hearing, you will have the chance to orally plead your case and attempt to work something out.

Stage two is the SPB Appeals Division.  You (or you and your lawyer) are entitled to a more formal hearing with evidence and witnesses.  A hearing officer or an administrative law judge hears your matter and returns a decision. Once they do, you can file a petition for rehearing.  You also have the option to file a writ of administrative mandamus with the trial court.

The California Criminal Defense Attorneys At our Firm Can Help.

Have you or a loved one been charged with a crime.  Is the person who was charged a state employee?  If you need to hire an attorney to represent you, please feel free to contact us at Shouse Law Group for your initial consultation.

EXCELLENT Based on 362 reviews

Charle Butler

2021-03-12

I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!

Mesonista parsons

2021-03-05

My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.

debabrata chakraborty

2021-03-03

Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.

Asata Hendricks

2021-03-02

Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.

Mike Moroff

2021-02-26

I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.

Josh Katz

2021-02-24

Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.

L.C.

2021-02-24

I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.

AnnMarie Soliman

2021-02-23

I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!