cal fire disciplinary action against mike ramirez

8/9/2019 Cal Fire disciplinary action against Mike Ramirez

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RESPONSE TO A PUBLICRECORDS REQUEST

MICHAEL RAMIREZ

SPB Case No.: 15-0229

Prepared by

California State Personnel Board

February 18, 2015


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RECORD CERTIFICATION

I, Mona L. Brooks, hereby certify that the attached documents are the true and correctcopies of the following official records of the California State Personnel Board for:

APPELLANT: Michael Ramirez

SPB Case Number(s): 15-0229

The State Personnel Board (SPB) has redacted social security numbers and otherpersonally identifying information from these records prior to disclosure. The SPB’sredactions can be found on page(s): 3, 4, 8, 9, 16, 20, 21, 25, 26 and 35.

Should you have any questions about the redactions, please contact me at thetelephone number listed below.

________________________Mona L. Brooks February 18, 2015Custodian of Appeal RecordsCalifornia State Personnel Board916.651.8645


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RESPONSE TO A PUBLICRECORDS REQUEST

Michael Ramirez

SPB Case No.: 15-0229

TABLE OF CONTENTS

Documents Pages

Appeal SPB000001 thru SPB000035


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9

PERSONAL AND CONFIDENTIAL

NOTICE -OF ADVERSE ACTION (FORMAL) ·

10

Mike Ramirez

Assistant Chief

Department of Forestry and Fire Protection

4501

State Highway

J04

lone, CA 95640

11 I

CAL FIRE

JAN

16 2015

LEGAL SERVICES

12 STATEMENT OF THE NATURE OF ADVERSE

13 ACTION AND EFFECTIVE DATES

14 You are hereby notified that in accordance with Section 19574 of the California

15

Government Code,

you

are dismissed from your position as

an

Assistant Chief with the

16 .

California

De

parlme

nt

of Forestry and Protection (CAL FIRE) at the CAL FIRE Academy.

1

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1 8 ll

1 9 ADVISEMENT

2 0

All

of the causes and acts for which this adverse action is being taken me

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alleged separately and severably, and occurred during your course of employment with CAL

22 FIRE,

hereafter also known

as

the Department, while assigned to

th

e CAL FIRE Academy.

23

2 4 CAUSE FOR ADVERSE ACTION

2 5 This action is being taken against you for the causes set forth in the foll owing

2 6 subsections of Section 19

57

2 of the California Government Code:

2 7

28

2 9

30

(c)

(d)

(c)

(f)

Inefficiency

Inexcusable neglect of duly

lnsuborclinalion

Dishonesty

SPB000001Response to a Public Records Request as of February 18, 2015


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(m) Discourteous

t r ~ t m n t of

public or other employees

(o) Willful disobedience

(p) Misuse

of

state property

r)

Violation

of

the prohibitions set fm1h in accordance with Section 19990

(t) Other failure

of

good behavior either during or

ouLc;ide of

duty hours

which is

of

such a nature that it causes discredit

to

the appointing

authority or the person 's employment

rv

ACTS UPON WHICH THE CAUSES ARE BASED

A.

You allowed subordinates to consume alcoholic beverages while on duty.

On or

about April

12

2012, you attended a Fire Fighter Academy (FFA) graduation celebration. Also ' ·

in attendance were the cadets

of

FFA class #32. During this time, several cadets were

consuming alcoholic beverages while on duty. During your administrative intenogation , you

admitted to consuming alcoholic beverages with your staffand cadets, both of which are your

subordinates. You further admitted that it was wrong and that you "probably" should have

taken some action and that

it also increased the liability

to CAL

FIRE.

You faiJed to enforce PO-227 , Emplo.vee Rules

d.

Conduct, and Policy

Hanel hook l081, Employee Rules

?f

Conduct, which both state in parl, the use

of

intoxicating

beverages ... during work or standby time .. .will be considered grounds for immediate adverse

action." Adc .itionally, you failed to enf()rce Policy Handbook 1084.1, Substan ce

buse

Po lie_\ ,

which states in part, " under no circumstances will the Departmenltolcrale any employee using

or being under the influence

of

alcohol

...

to w y extent that would impede the employee's

ability to perform his or her duties safely and effectively," and, a

ll

supervisors .. .in the

Department will be held personally responsible for actively taking steps to ccmy out this

policy."

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1 B.

2

On

numerous occasions during your tenure at the Academy, you pm·ticipated in,

3 failed to recognize, and failed to respond to ohvious Equal Employment Oppmtunity (EEO)

4 policy violations.

5

l

On or about April 12, 2014, FFA class #32 was participating in physical training at the

CAL FIRE Academy. Fire Captain , who was a cadet in training at the

7

time, had bent forward at the waist to stretch. Unbeknownst to her, former Battalion

8 Chief Orville Fleming had approached her from behind. He thenstruck her buttocks

9 with his hand, and she stood

up

in complete disbelief. You were present when this

10

misconduct took place and you failed to take appropriate action . Cadets who witnessed

11

the incident indicated that you later addressed the entire class and stated that nothing

12 inappropriate had occurred. During your administrative inteiTogation, you stated that

13 you had a conversation with who stated that it was not a

big

deal, and you

14

therefore determined there was no misconduct by former Battahon Chief Fleming .

15

When asked

to

rate the severity of the incident as an EEO policy violation on a scale of

16 one to ten with one being the least severe and ten being the most severe, you rated it a

17 nothing.

18

19 You failed

to

appropriately investigate, take any form of corrective action, or report the

2 0 misconduct to your supervisor, thereby failing to ensure the workplace was free and

21

would remain free

of

sexual harassment or discrimination. You had a duty to protect

22 your subordinate cadets from any form of sexual harassment

or

discrimination ,

2 3 especially given their compromised and vulnerable positions as trainees.

24

2 5 2. While assigned to the CAL FIRE Academy you viewee inappropriate images being

2 6 displayed in the workplace. Specifically, you were present when former Battalion Chief



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Fleming displayed a partially nude photograph of his late , , on

his cellular phone to you and other employees. Additionally; you were present when

Fire Captain displayed inappropriate pictures in the donnitory area of the

Academy.

You were present as the ranking officer and failed

to

take any conectivc action.

3.

n

or around November 2011 , you were present at the CAL FIRE Academy when

former CAL FIRE Baualion Chief Fleming approached Fire Captain and

began talking

to

her about vaginal piercings. Both Fire Captain and former

Battalion Chief Fleming testified in their administrative intenogatiom; that they clearly

recalled the incident and that you were present as the ranking officer.

You failed

to

appropriately investigate, take any form of ccmective action , or report the

misconduct to your supervisor, thereby failing to ensure the workplace was free and

would remain free of sexual harassment or discrimination.

4 During your administrative interrogation, when discussing the importance, frequency,

and piimity of EEO training, and your knowledge of EEO policy , you admitted that

when you took the training, "I justkept clicking the answers until it changed to the next

page." Your statemen t clearly indicates that you do not take thjs training seriously.

2 3 You failed to enforce P0-227, Employee Rules

qf

Conduct and Policy

24 Handbook 1081, Employee Rules o Conduct which both state in part, The us e of vulgarity,

2 5

sexually suggestive comments or gestures, whether intended to

be

offensive or not, the di splay

2 6 of explicit obscene photographs, pictures or posters or the use of any audio/visual equipment to



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1 produce such vulgarity will not

be

permitted. You failed to enforce Policy Handbook 1403,

2 Equal Emplovment Opportunity Policy

which states

1n

part, Employees and contractors

of

3

CAL

FIRE

shall adhere to a standard of conduct that ensures respectful treatment

of

everyone

4

they come

n

contact with during

the

course of their employment and

work

related activities.

5 The Depm1ment does not tolerate unprofessional, disrespectful behavior from its employees

6 and contractors at any time, for any reason.

-, 7 c.

8 During your tenure at

the

Academy, you failed to recognize, and failed to

9 respond to an instance of workplace violenc

e.

10

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As

described in Section B, Ilem

1

above, you witnessed former Battalion

Chief

11 I Fleming strike a

cadet

on the buttocks with his hand. You failed to appropriately irwesligate,

12

·I ·take

ny

form

of

action, or report the misconduct to your supervisor, thereby failing to follow

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and enforce the workplace violence policy. You had a duty to protect your subordinate cadets

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fi'mn workp1ace violence, especially given tbeir.compromised and vulnerable positions as

15 trainees.

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You failed

to

enforce Policy Handbook 1086,

Assaults Threats and Violence

17 Against Employees

which states

in

part, It is

CAL FIRE's

policy

that

intimidation, threats,

18 assaults, and acts of violence in

the

workplace or affecting the work situation are unacceptable

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and will not be tolerated. The

policy

further slates ,

Each

employee,

when

he or she feels

2 0

threatened,

provoked

, or intimidated by an inciclent(s), or witnesses or

becomes

aware·of such

21

incident(s) is responsible for notifying his or her manager.

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D.

2 3

On numerous occasions , you misused State resources,

including

misuse of a

2 4

State assigned vehicle , and misuse

of

State time.

2

5

1.

In 2014, you inappropriately used a state vehicle for personal business. While on

2

6 vacation leave, you traveled to Ethiopia

to

train and instruct fire fighters within that



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country. This trip was not sponsored

hy

CAL FIRE and you were off duty while you

were away. However you drove-yourself

to

and from the airport in your State vehicle

instead of your personal car leaving the State vehicle at the airport while you were

gone. You did not have approval from your supervisor.

2.

In August 2014

you

used your State vehicle to drive approximately 400 miles

on

perscmal

business whi

le assignee to

a fire. On August 4 through

14,

2014

you

were

assigned to the Eiler fire near Burney California. Personnel

on

that

fire

were assigned

to 24-hour shifts

\

1

here they would work 24-bours

on

the fireline followed

by

a 24-

hour rest period that ensured safe operations.

On

August

9,

you used

your rest period to

drive 200 miles

to

your home in West Sacramento. You

th

en attended a Country in the

Park ConcCii at Cal-Expo with your wife; followed by a 200 mile drive back

to

the-Eiler

Fire.

You

admitted in your administrative intenogation that

you

had only six hours of

sleep during your 24-hour rest period. Your misuse of a State vehicle caused

approximately 400 miles of unnecessary wear on the vehicle exhausted resources and

depleted State fuel.

3. During the same time period discussed above

you

misused State time by being

approximately 200 miles away from the fire to which you were a

ss

igned. During the

rest period you were still on-duty assigned to the fir

e,

and mandated

to be

available for

callback if requested by incident command personnel. The resl period

is

on-duty lime

c esignecl to ensure firelinc personnel receive adequate rest and rehabilitation prior to

going back onto the fireline for the next 24-hour period provided there

is no

immediate

need for them during the rest period. Personnel assigned

to

an incident are still

considered on duty and required to abide by all applicable polkies and procedures while

on their rest period. You however admitted that instead of resting during this time and



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placed on A TO, without approval from Staff Chief Tyler, which was also a violation of the

2 ATO directions. Your actions violated directives, both verbally and inwriting , issued by your

3 CAL FIRE chain of command.

5 As an Assistant Chief for CAL FIRE, you repeatedly lied to law enforcement

6

officers during your administrative interrosation on September 26, 2014 , and to CAL FIRE

7 management.

8

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You were dishonest about repeated Equal Employment Opportunity Policy violations

9 that occurred under your charge and with your knowledge.

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a

In November 2011 , former Battalion Chief Fleming approached a new Fire

11 Captain at the

CAL

FIRE Academy, , while she was at her

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· , desk and you were present. Former Battalion Chief Fleming began talking ·

to Fire Captain about vaginal piercings. You denied knowing

anything about it or being present. You stated, Tha(didn t happen. I mean,

when they 're in that office [the BFC office] there

isn t

conversations like

that. The investigators had not revealed the fact that the conversation had

· taken place in the BFC office. Both former Battalion Chief Fleming and Fire

Captain said you were present.

b In April 2014, during physical training, former Battalion Chi

ef

Fleming

came up behind a female student, , and slapped her buttocks

when she was bent over during a stretching exercise.

t

shocked the student

and made a loud enough sound to alert th e other students. You denied being

present, instead stating that you walked in afterwards and that it was an

innocenl tap designed to get her attention. Your testimony about where



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you were and what you knew with regards to this incident changed several

times. At least six other witnesses clearly recalled that you were present.

c On numerous occasions, you were present and participated in viewing

inappropriate photographs being displayed in the workplace. Specifically,

Fire Captain Russell Kane stated in his administrative interrogation that

he

witnessed you in the instructor barracks area at the Academy looking at

inappropriate pictures with former Battalion Chief Fleming and other

instructors. He stated the instructors would giggle as the phone was

passed around and that you looked

at

the pictures. Likewise, Fire Captain

John Saclo stated in his administrative intenogation that he was with you and

·former Battalion ChiefFleming on the fire r o u n s at the Academy, when

former Battalion Chief Fleming displayed an inappropriate picture

on

his

cellular phone and that you looked at the.picture. Similarly, Fire Captain

, admitted in his administrative interrogation that he

\vould observe and display inappropriate pictures in the instructor barracks

m·ea

and that you were present on some of those occasions. You denied ever

seeing any inappropriate pictures in the workplace.

d You denied receiving a text message that included an inappropriate link

to

a

S\·Vingers club (Club Joi), sent to you

by

Fire Captain on

November 21, 2013,

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1815 hours. Fire Captain admitted sending it to

you

and another co-worker, who admitted receiving

it.

You stated that you

do not recall ever receiving inappropriate links via text messages on your

state issued cell phone.

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2. You lied about statements you made to others regarding your intent discredit the

2 CAL FIRE Director. Specifically, the Academy Administrator, Deputy Chief George

3 Morris III , testified that in late August or early September 2014, you told him you had

4 damaging information about the Director. You said, in reference to your upcoming

5 administrative intenogation , They ask me the right question, then I will say this.

6

Another

Academy

employee, Digital

Composition

Specialist, Shannon

Browne

, also

7 stated she heard you say that you have dirt

on

Pimlott. During ynu administrative

8

intenogation

, you denied making those remarks.

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3. You

Lied

to Iaw enforcement officers

during

your administrative interrogation, stating

11 that you were

off

duty during your rest period, while in fact you were assigned to the

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Eiler

fire

and receiving

compensation.You further

stated

that, ' 'Itis not-state{ime ·I t?s

my time.

15 4. You lied to your direct supervisor with respect to fqllov-iing the orders contained in your

16 notice of

Administrative

Time Off (ATO). On December 9 , 2014, your

supervisor

,

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Staff

Chief

Tyler, had a conversation with you stating that you were

to

check-in with

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him before collecting some

of

your personal belongings at the

Academy

at

1000 hours

9 the following day. You anived ll approximately 0530 hours with four subordinate

2 0 employees (three subject to the-A

TO

order) while it was still dark out.

The

nthei\

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employees admitted to knowing they

were

supposed to

k ~ i n

first and were not

2 2 supposed to be there unli11ater that cl y and apologized. You denied il, stating that you

2

3 did not recall

the

conversation.

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5. You changed your testimony several times before eventuaiiy admitting to misconduct

involving failure to act as .the ranking officer in charge when you knew students were

drinking on duty.

l_:. or

the reasons stated above, in Sections A through F, and because

of

the

expectations and standtmls of the

Department

and the

public

trust bestowed upon uniformed

personnel, the Deparlmcnt cannot allow you to continue in any role in this organization.

You fostered an environment wherein subordinates were enabled to act and converse in a

manner which allowed sexual hcmtssment and inappropriate activities to occur, placing your

suborchnates and cadets at risk. Despite the fact that

EEO

training is required and provided

for all managers and supervisors

of

the Department, you did not take this training seriously,

· and your attiltide and actions are inconsistent with your position as a leader, manager; ;,.

supervisor, trainer, and

mentor

for

CAL

FIRE. You repeatedly fai led to

lel1

the

truth

during

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i n t e i T o g a t ~ o n

You failed

to

take required action 'and failed to .inform _

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your supervisors about the inappropriate events you participated

in

and/or witnessed. As a

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uniformed individual, these actions are evidence that you cannot be trusted

lo

act in

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accordance with Department policies to protect and serve

CAL FIRE or

the citizens

of the

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State of California.

v

2o MATERIALS ND DOCUMENTS

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Pursuant

to

State Personnel Board (SPB)

Rule

52.3 , a

copy

of all materials and

22 documents upon which this Adverse Action

is

based, accompany this Action with a cover sheet

2 3 denoting each material/document. Additionally, pursuant to G.C. Section 19574.1, you, or your

4 designated representative, have the right to inspect any documents in the possession of, or under

25 the control of, this Depmtment which me relevant to this Action or which would constitute

2 6 relevant evidence as defined by Evidence Code Section 210. f you have such a request



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1 pursuant to G

C

Section 1957 4.1, you should contact the CAL FIRE Legal Office at

2

C9Io

653-4153.

3 Work performance problems arc sometimes characteristic of an outside problem.

4 You m-e advised that the Department s Employee Assistance Program (EAP) is available to you 24

5 hours a day, 7 days a week and can be accessed by calling (866) 327-4762 or TDD

6 (800) 327-0801.

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V

RIGHT TO RESPOND TO APPOINTING POWER (SKELLY HEARING)

Pursuant to SPB Rule 52.3, you have the right

to

respond to this Notice of

·Adverse Action,

either

in

writing or

v e r b a l l y ~

prior

to

January 23, 2015,

the effective

elate

of

this Action. If you wish to respond verba1ly, please contact Skelly Officer Bryan Cash at

(916) 6 5 3 ~ 6 3 8 ; to schedule·your meeting so that·it may take place prior to the effective da:te ,

January 2015. You have the right to a representative at this meeting; however, at this stage of

the proceedings you are not entitled to a formal hearing with cxarnination

of

witnesses. You are

entitled to a reasonable amount

of

State time to prepar·e your response to the charges/allegations.

If you wish to respond

in

wriling, please submit your response to Bryan Cash, at the California

Natural Resources Agency, P.O. Box 944246, Sacramento, CA 94244. Your written response

should he mailed or hand-delivered to ensure receipt prior to Januaf) 23, 2015 the effective

elate.

Whether you choose to respond verbally or in writing, the individual to whom you respond ·

. will have the authority to recommend to the appointing power amendment, modification, or

revocation of any or

a1l of

the foregoing allegations.

VII

RIGHT OF APPEAL TO TH STATE PERSONNEL BOARD

Regardless of whether you choose to respond as detailed

in

Section VI above,

pursuant to G.C. Section 19575, you may appeal this Action to the SPB. You, the employee,

have thirty (30) calendar days after the effective date of this Notice of Adverse Action to file

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with the SPB a written answer (appeal) to the Notice of Adverse Action. The answer shall be

deemed a denial

of

all

of

the allegations

of

the Notice of Adverse Action not expressly admitted

and a request for hearing or investigation as provided

in

this article. With the consent

of

the SPB,

or its authorized representative, an amended answer may subsequently be filed. Lf you fail to

answer within the time specified, or after answer, withdraw your appeal, the Adverse Action taken

by the appointing power shall be final. A copy

of

your

cmsvver

and

of

any amended answer shall

promptly be given by the Bomd

to

the appointing power.

Your appeal

sha11

be sent

to:

The State Personnel Board

Attention: Heming Office

P.O.Box 944201

Sacramento, California 94244 2010 .

You may also flle your appeal

in

person during normal business hours with the (SPB) which is

located at 801 Capitol Mall in Sacramento, California.

Pursuant to G.C. Section 19578, the SPB,

or iLl

authorized representative, shall

hold a hem·ing within a reasonable

Lime

You will be notified of the time and place of the hearing.

You are

responsible

for

notifying the

SPB

of

any

changes

n

your

address

that

occur

-

after

the effective

date

of this Action:.

You or the Department may request the use of the expedited appeal process by

writing to the SPB Hearing Officer within ten 1 0) calendm days

of

the filing of the appeal.

Staff

of the Board will contact the opposing pmty to determine if the pm·ty is prepmed and concurs with

the request. If the party concurs, a hearing will be scheduled within fifteen (15) calendm days of

the concurrence of both parties. proposed Heming Officer decision will be prepmed within five

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5) calendar days of the concunence of both pmties m1d considered at the next

approp1iaLe

Board

meeting. If concurrence is not obtained, Lhe appeal will be processed through the normal

scheduling system.

VIII

SEP R TE ND DISTINCT RIGHTS

Your right to respond prior to the effective elate of this Notice of Adverse Action as

detailed in ection VI is separate and distinct from your formal SPB appeal rights

as

detailed in

ection ll above. You may exercise both rights

as

long

as

you do so within the time limits

provided.

.I

ated J ~ / W - (

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Anthony P Favro, Deputy Director

Department

of

Forestry and Fire Protection

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, STATE OF CA FOR NIA - NATUr \AL RESOURCES AG ENCY

Edmund G .Brown .. iove

DEPARTMENJ-OF FORESTRYAND FIRE PROTECTION

P.O. Box 944246

Sacramento

,

California

94244

-24 60

(916) 445-7772

Website: www.fire.ca.qov . .

DECLARATION OF PERSONAL SERVid

C L

FIRE

t

i .

JAN

6

2 15

_ :

LEG L

SERVICES

, declare:

I am and was at the time of the service of the attached , described below, over the age of

18 years and not a party to the within action.

n / ;z

, I served originals and copies, as indicated

below, on: i

NAME OF EMPLOYEE:

CIVIL SERVICE

CLASSIFICATION:

(1) Notice of Adverse Action

MICHAEL RAMIREZ

ASSISTANT

CHIEF

(2) Administrative Investigation Binders

#1

through #8

(3) CAL F RE Policy 1086, Assaults , Threats, and Violence Against Employees

(4) January 5, 2015 Deputy Director Clare Frank Memorandum of Reco

rd

Service was effected by:

l?f,evJr

< v:;:

t d A

~

by personally delivering

to an

d leaving with the person

named above a copy at the address below:

Street Address :

City S

tate/Zip Code:

9 5 C

lo f

I declare un der penalty of perju

ry

that the foregoing is true and correct , and that this

declaration was executed by

me.



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EV - Ack with PHSC Rev. 08/11/2014Created 04/25/2012

February 13, 2015

Re: Micheal Ramirez SPB Case No. 15-0229

Appeal originally filed on 02/11/15

ACKNOWLEDGEMENT LETTER

The Appeals Division has received an appeal from a/an Dismissal. Accordingly, this casehas been set for a Prehearing and Settlement Conference (PHSC). The PHSC notice isattached to this letter. If either party has a calendaring conflict with the PHSC date, a“Notification of Conflict for Calendared PHSC” form may be submitted in lieu of a Motion toContinue Hearing. This document is available in the Forms and Reports section of the

SPB website.

The parties and their representatives are expected to be familiar with the SPBprocedural regulations, and failure to comply may result in evidentiary sanctions. The applicable regulations are available on the SPB website. Please see the AppealsProcedures section at www.spb.ca.gov.

While this appeal is pending, the parties may wish to consider mediation as a method toresolve this matter. If the parties agree to proceed with mediation, the State Mediation andConciliation Service offered by the Public Employment Relations Board (PERB), may beable to assist you. For more information about mediation, please visithttp://www.perb.ca.gov/SMCS.aspx.

With this letter, party representatives will receive the SPB ALJ Peremptory Strike List. Inaddition to a copy of the Strike List, unrepresented appellants will also receive a copy ofthe Evidentiary Appeals Hearing Procedures document. These forms, as well as theContact Update Form, are available on the SPB website. To assist in SPB’s effort inmoving toward a paperless process, please return completed forms by electronic mail [email protected]. If you are an unrepresented individual and do not have accessto a computer, please contact the Appeals Division by calling (916) 653-0799 and theseforms will be mailed to you.

For additional information, please visit the Appeals section of the SPB website.

Sincerely,

_________________________________________________________________________________________

James DiFilippo Appeals Division


http://www.perb.ca.gov/SMCS.aspxhttp://www.perb.ca.gov/SMCS.aspxmailto:[email protected]:[email protected]:[email protected]://www.perb.ca.gov/SMCS.aspx


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BEFORE

THE C LIFORNI

ST TE PERSONNEL BO RD

EV - Ack with PHSC Rev. 08/11/2014Created 04/25/2012

February 13, 2015

Re: Micheal Ramirez SPB Case No. 15-0229

NOTICE OF TIME AND PLACE OFPREHEARING AND SETTLEMENT CONFERENCE

DATE: TIME: LOCATION:

05/05/15 10:30 AMState Personnel Board - 801 Capitol Mall, Room 108Sacramento, CA 95814

Please take notice that the above-captioned matter has been set for a Prehearing and SettlementConference before a State Personnel Board (SPB) Administrative Law Judge (ALJ) who is theperson appointed and authorized by SPB as its representative to hold and conduct the conference inthis matter. Each party to these proceedings is entitled, but not required, to be represented bycounsel at his/her own expense

The parties and their representatives are expected to be familiar with the SPB proceduralregulations, and failure to comply may result in evidentiary sanctions. The applicableregulations are available on the SPB website. Please see the Appeals Procedures section atwww.spb.ca.gov.

Upon application to SPB, or its ALJ, subpoenas may be issued as provided by law. All continuancesand other motions must be filed with SPB electronically at [email protected]. Continuancesgranted by the Presiding ALJ shall be considered a waiver of timeframes set forth in GovernmentCode section 18671.1.

Inquiries can be made in writing by e-mailing [email protected], or by calling SPB at(916) 653-0799.

Sincerely,

_________________________________________________________________________________________

James DiFilippo Appeals Division

• This facility is accessible to persons with disabilities • • If you need a sign language interpreter, please contact TDD (916) 654-2360 •


http://www.spb.ca.gov/http://www.spb.ca.gov/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.spb.ca.gov/


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PROOF OF SERVICE

Re: In the matter of appeal by Micheal Ramirez From the appeal of Dismissal

SPB Case No. 15-0229

Micheal Ramirez

I am over the age of 18 years and not a party to the above-reference matter. I declare that I amemployed by the California State Personnel Board, 801 Capitol Mall, Sacramento, California 95814.

On the date shown below, I caused the following document(s) to be served on the addressee:

ACKNOWLEDGEMENT LETTERPREHEARING AND SETTLEMENT CONFERENCE HEARING NOTICE

By E-mail: By transmitting the above-named document(s) via electronic mail to the followinge-mail address(es):

By US Mail: I am familiar with the SPB’s practice for collecting and processing correspondencefor mailing. On the same day that the correspondence is placed for collection and mailing, it is depositedin the ordinary course of business, in the United States Postal Service in a sealed envelope with postagethereon fully prepaid.

Appellant:

Micheal Ramirez

Respondent:

Forestry and Fire ProtectionPO Box 944246, Room1516-20Sacramento, CA 94244-2460

Appellant Representative:Carroll, Burdick & McDonough, LLP - Sac

Attn: Jason Jasmine980 9th Street, Suite 380Sacramento, CA 95814-2723

Respondent Representative:Forestry and Fire Protection - LegalP O Box 944246, Room 1516-20Sacramento, CA 94244-2460

I declare under penalty of perjury that the foregoing is true and correct, and that this declaration wasexecuted on February 13, 2015, at Sacramento, California.

Signed:

_________________________________________________________________________________________

James DiFilippo