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LOI Inferno:
Clearing the hazardous debris from your employe file
by Phillip Auzins, CCPOA Field Representative, West Sacramento
 This article examines and challenges the removal process of the Letter of Instruction, more commonly referred to as an LOI, from the employee's file. For those of you unfamiliar with the LOI, it is normally issued to staff as a corrective teaching and learning tool, and is not to be confused with a disciplinary action. Simply put, it is a documented discussion for the purpose of correcting errant behavior.
For longer than I can remember, the length of time in which an LOI stayed in the employee's file was determined by two key things: One, whether the employee complied with the directives contained in the body of the LOI, and two, whether the employee had completed the requirements and requested the LOI be removed. This was the clear practice by the department, based on years of standing negotiated language. Under Section 9.05 of the 2001-2006 Memorandum of Understanding, and consistent with the state's current Implemented Terms it states:
"LOIs/WIDs (Work Improvement Discussion) shall contain a specified expiration date, not to exceed one (1) year from the date that management should have reasonably known of the incident resulting in the LOI/WID. A LOI/WID should be removed from all of the employee's files prior to its expiration date, provided that all requirements contained in the LOI/WID have been met. Upon the employee's request to the Appointing Authority or his/her designee, the LOI/WID shall be removed and given to the employee unless he/she requests that it be destroyed."
As the wildfires of 2007 began to engulf the state, an interesting document surfaced in a Central Valley institution. It is a copy of an interdepartmental email entitled LOI verbiage, and described a plan in which management could leave an LOI in an employee's files for one full year. In an email to facility supervisory and managerial staff the author suggests:
"Well, CCPOA has once again found a 'loop hole' when it comes to LOIs and their removal. So... let's change the verbiage on the LOI to read: 'In view of the aforementioned, you are hereby instructed and expected to read and comply with the following immediately, and through the expiration of this Letter of Instruction' (then list the sections to be read and complied with). Then maybe adding: Continued compliance of these sections and Post Orders is expected. Please ensure that LOIs coming through you have this or similar verbiage. I know that if I took the time to write and issue an LOI and it got removed a month later, I would not be very happy!"
A week later, 265,000 people fled the San Diego County firestorms, and another mysterious document emerged. This one, signed by a correctional officer, was entitled Letter of Instruction Removal Request. The officer had received an LOI a few months earlier, had completed the directives, and was now formally requesting its removal. Even though the officer had complied with the LOI requirements, the request for removal was denied by the acting warden. The response stated:
"While you may have 'reviewed and acquainted' yourself with the area(s) outlined, you were instructed to 'read and adhere' to the section of the Title 15 indicated in the Letter of Instruction. Your compliance with this Letter of Instruction will be monitored for the entire twelve month period. After careful review, I am electing to deny your request for removal of this Letter of Instruction at this time."
In October 2007, vehicles were covered in gray and white ash, as Santa Barbara County was ablaze; Ventura and Maricopa counties were next. Nearly 12 wildfires were burning out of control, and it appeared Southern California was on fire.
It was at this time that CCPOA became aware of management's plan regarding LOIs. Bargaining Unit Six staff were being issued LOIs that contained specific directives, and were also being told in writing that the LOI would remain in their files for the full one-year period.
CCPOA filed a class action grievance on behalf of all staff at the institution and awaited their response. Like the threatening firestorms, this issue quickly became a heated topic of debate.
In early November, CCPOA received the institution's response indicating the Department had made an error. They stated:
"It was not (facility name)'s intent to circumvent or violate the Implemented Terms. With respect to the merits, therefore, the grievance is granted. The appropriate remedy is that the modified language will not be utilized."
This response was reiterated at the director's level in late November when they stated, "Furthermore, the appropriate remedy has been granted, in that the modified language will not be utilized."
It has now been several months since this issue was formally addressed. Since that time, the mysterious documents have been destroyed-just as the fires destroyed countless Southern California homes and acreage. The snow and fog are now upon us.
Yet, the one thing that has not changed is that if you receive an LOI, and comply with its directives, it shall be removed from your files prior to its expiration date, at your request. Remember, you control your career. And you, too, can help prevent forest fires.
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