Cal Fire Disciplinary Action Against Mike Ramirez

RESPONSE TO A PUBLIC
RECORDS REQUEST
MICHAEL RAMIREZ
SPB Case No.: 15-0229
Prepared by
California State Personnel Board
February 18, 2015
RECORD CERTIFICATION
I, Mona L. Brooks, hereby certify that the attached documents are the true and correct
copies 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 other
personally identifying information from these records prior to disclosure. The SPBs
redactions 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 the
telephone number listed below.
________________________
Mona L. Brooks
Custodian of Appeal Records
California State Personnel Board
916.651.8645
February 18, 2015
RESPONSE TO A PUBLIC
RECORDS REQUEST
Michael Ramirez
SPB Case No.: 15-0229
TABLE OF CONTENTS
Documents
Appeal
Pages
SPB000001 thru SPB000035
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PERSONAL AND CONFIDENTIAL
NOTICE -OF ADVERSE ACTION (FORMAL)
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,~_.--- - CAL FIRE
Mike Ramirez
Assistant Chief
Department of Forestry and Fire Protection
4501 State Highway J 04
lone, CA 95640
....
r~-
JAN 16 2015
LEGAL SERVICES
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STATEMENT OF THE NATURE OF ADVERSE
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ACTION AND EFFECTIVE DATES

You are hereby notified that in accordance with Section 19574 of the California
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Government Code, you are dismissed from your position as an Assistant Chief with the
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. California Deparlment of Forestry and Fir~ Protection (CAL FIRE) at the CAL FIRE Academy.
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ADVISEMENT
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All of the causes and acts for which this adverse action is being taken me
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alleged separatel y and severably, and occurred during your course of employment with CAL
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FIRE, hereafter also known as the Department, while assigned to the CAL FIRE Academy .
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III
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CAUSE FOR ADVERSE ACTION
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This action is being taken against you for the causes set forth in the foll owing
subsections of Section 19572 of the California Government Code:
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(c )
Ineffi ciency
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(d)
Inexcusable neglect of duly
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(c)
lnsuborclinalion
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(f)
Dishonesty
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Response to a Public Records Request as of February 18, 2015
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tre~tment
(m)
Discourteous
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
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ACTS UPON WHICH THE CAUSES ARE BASED

A.
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You allowed subordinates to consume alcoholic beverages while on duty. On or
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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
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admitted to consuming alcoholic beverages with your staffand cadets, both of which are your
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subordinates. You further admitted that it was wrong and that you "probably" should have
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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
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Hanel hook l 081, Employee Rules (?f Conduct, which both state in parl, "the use of intoxicating
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beverages ... during work or standby time .. . will be considered grounds for immediate adverse
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action." Adc!.itionally, you failed to enf()rce Policy Handbook 1084.1, Substan'ce Abuse Po lie_\',
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which states in part, " under no circumstances will the Departmenltolcrale any employee using
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or being under the influence of alcohol ... to w1y extent that would impede the employee's
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ability to perform his or her duties safely and effectively," and, "all supervisors .. .in the
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Department will be held personally responsible for actively taking steps to ccmy out this
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policy."
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B.
On numerous occasions during your tenure at the Academy, you pmticipated in,
failed to recognize, and failed to respond to ohvious Equal Employment Oppmtunity (EEO)
policy violations.
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
time, had bent forward at the waist to stretch. Unbeknownst to her, former Battalion
Chief Orville Fleming had approached her from behind. He then struck her buttocks
with his hand, and she stood up in complete disbelief. You were present when this
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misconduct took place and you failed to take appropriate action . Cadets who witnessed
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the incident indicated that you later addressed the entire class and stated that nothing
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inappropriate had occurred. During your administrative inteiTogation, you stated that
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you had a conversation with
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therefore determined there was no misconduct by former Battahon Chief Fleming . .
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When asked to rate the severity of the incident as an EEO policy violation on a scale of
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one to ten with one being the least severe and ten being the most severe, you rated it a
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"nothing."
who stated that it was not a "big deal," and you
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You failed to appropriately investigate, take any form of corrective action, or report the
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misconduct to your supervisor, thereby failing to ensure the workplace was free and
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would remain free of sexual harassment or discrimination. You had a duty to protect
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your subordinate cadets from any form of sexual harassment or discrimination ,
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especially given their compromised and vulnerable positions as trainees.
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2. While assigned to the CAL FIRE Academy you vie wee! inappropriate images being
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
Academy.
displayed inappropriate pictures in the donnitory area of the
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You were present as the ranking officer and failed to take any conectivc action.
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3. In or around November 2011 , you were present at the CAL FIRE Academy when
former CAL FIRE Baualion Chief Fleming approached Fire Captain
and
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began talking to her about vaginal piercings. Both Fire Captain
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Battalion Chief Fleming testified in their administrative intenogatiom; that they clearly
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recalled the incident and that you were present as the ranking officer.
and former
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You failed to appropriately investigate, take any form of ccmective action , or report the
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misconduct to your supervisor, thereby failing to ensure the workplace was free and
would remain free of sexual harassment or discrimination.
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4.
During your administrative interrogation, when discussing the importance, frequency,
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and piimity of EEO training, and your knowledge of EEO policy, you admitted that
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when you took the training, "I justkept clicking the answers until it changed to the next
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page." Your statemen t clearly indicates tha t you do not take thjs training seriously.
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You failed to enforce P0-227, Employee Rules qf" Conduct, and Policy
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Handbook 1081, Employee Rules of Conduct, which both state in part, "The use of vulgarity,
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sexually suggestive comments or gestures, whether intended to be offensive or not, the di splay
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of explicit obscene photographs, pictures or posters or the use of any audio/visual equipment to
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produce such vulgarity will not be permitted." You failed to enforce Policy Handbook 1403,
Equal Emplovment Opportunity Policy, which states 1n part, "Employees and contractors of
CAL FIRE shall adhere to a standard of conduct that ensures respectful treatment of everyone
they come in contact with during the course of their employment and work related activities.
The Depm1ment does not tolerate unprofessional, disrespectful behavior from its employees
and contractors at any time, for any reason."
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During your tenure at the Academy, you failed to recognize, and failed to
respond to an instance of workplace violence.
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As described in Section B , Ilem #1 above, you witnessed former Battalion Chief

Fleming strike a cadet on the buttocks with his hand. You failed to appropriately irwesligate,
12 I take any form of action, or report the misconduct to your supervisor, thereby failing to follow
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I 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
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trainees.
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You failed to enforce Policy Handbook 1086, Assaults, Threats, and Violen ce
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Against Employees, which states in part, "It is CAL FIRE's policy that intimidation, threats,
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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
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threatened, provoked, or intimidated by an inciclent(s ), or witnesses or becomes awareof such
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incident(s) is responsible for notifying his or her manager. "
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D.
On numerous occasions , you misused State resources, including misuse of a

State assigned vehicle , and misuse of State time.
1. In 2014, you inappropriately used a state vehicle for personal business. While on
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.
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2. In August 2014, you used your State vehicle to drive approximately 400 miles on
perscmal business while 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,
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they would work 24-bours on the fireline, followed by a 24-
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hour rest period that ensured safe operations. On August 9, you used your rest period to
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drive 200 miles to your home in West Sacramento. You then attended a Country in the
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Park ConcCii at Cal-Expo with your wife; followed by a 200 mile drive back to the-Eiler
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Fire. You admitted, in your administrative intenogation, that you had only six hours of
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sleep during your 24-hour rest period. Your misuse of a State vehicle caused
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approximately 400 miles of unnecessary wear on the vehicle, exhausted resources, and
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depleted State fuel.
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3. During the same time period discussed above, you misused State time by being
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approximately 200 miles away from the fire to which you were assigned . During the
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rest period you were still on-duty, assigned to the fire, and mandated to be available for
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callback if requested by incident command personnel. The resl period is on-duty lime
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c!esignecl to ensure firelinc personnel receive adequate rest and rehabilitation prior to
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going back onto the fireline for the next 24-hour period, provided there is no immediate
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need for them during the rest period. Personnel assigned to an incident are still
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considered on duty and required to abide by all applicable polkies and procedures while
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on their rest period. You, however, admitted that instead of resting during this time, and
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being available for response if needed, you utilized the time to attend a concert with
your wife over three hours away from ycmr assigned location. You stated you had
permission from your Branch Director, Rich Drozen, hut you admitted that you did not
tell him that it was to attend a concert which resulted in you only obtaining six hours of
sleep. You did not utilize vacation leave, were on duty being compensated, and received
the additional Incident Command Assignment (ICA) differential pay.
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Your actions violated Policy Handbook 6770, Misuse
c~l a
State Vehicle, because
you used the vehicle for non-CAL FIRE business which was not an essential necessity to
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fulfilling the mission of CAL FIRE. You previously received verbal counseling from your
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supervisor for misusing an assigned stale vehicle. Moreover, you violated P0-227, Employee
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Rules (if Conduct; and Policy Handbook 1081 , Enzployee Rules of Conduct, which both,state in
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part, "State property must be used properly and accounted for." Your actions violated Policy
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Handbook 1037.5, Criteriafor Eligibility and Payment (~fICA , which states in j)art, "The
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employee is committed to an incident command team or as a single resource in an ICS position
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managing or assisting in the management of an emergency incident."
E.
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You were insubordinate to direct orders received from your supervisor. On or
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about December 29 , 2014, you were served with a letter informing you that you were being
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placed on Admini strative Time Off (ATO) effective December 30, 2014. The ATO letter
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outlined specific requirements and prohibWons you were required to obey during a specific
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period of time.
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disobeyed direct orders from Staff Chief Joe TyleL Specifically, you were directed to arrive at
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the Academ y at 1000 hours on December 30, 2014, and to check in with StaffChiefTylerupon
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your arrival. You , however, mrived at approximately 0530 hours and failed to check in with
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Staff Chief Tyler, Additionally, you communicated with your subordinates who were also
On Decem her 30, 20 I 4 , you violated the tenns of the A TO letter and
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placed on ATO, without approval from Staff Chief Tyler, which was also a violation of the
ATO directions. Your actions violated directives, both verbally and inwriting, issued by your
CAL FIRE chain of command.
As an Assistant Chief for CAL FIRE, you repeatedly lied to law enforcement
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officers during your administrative interrosation on September 26, 2014, and to CAL FIRE
management.
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1. You were dishonest about repeated Equal Employment Opportunity Policy violations
that occurred under your charge and with your knowledge.
a. In November 2011 , former Battalion Chief Fleming approached a new Fire
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Captain at the CAL FIRE Academy,
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, while she was at her
desk and you were present. Former Battalion Chief Fleming began talking
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to Fire Captain
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anything about it or being present. You stated, 'Tha(didn't happen . I mean,
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when they 're in that office [the BFC office] there isn't conversations like
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that." The investigators had not revealed the fact that the conversation had
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taken place in the BFC office. Both former Battalion Chief Fleming and Fire
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Captain
about vaginal piercings. You denied knowing
said you were present.
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b. In April 2014, during physical training, former Battalion Chief Fleming
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came up behind a female student,
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when she was bent over during a stretching exercise. It shocked the student
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and made a loud enough sound to alert the other students. You denied being
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present, instead stating that you walked in afterwards and that it was an
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innocenl "tap" designed to get her attention. Your testimony about where
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, and slapped her buttocks
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.
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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
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passed around and that you looked at the pictures. Likewise, Fire Captain
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John Saclo stated in his administrative intenogation that he was with you and
former Battalion ChiefFleming on the fire
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grounds ~ at
the Academy, when
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former Battalion Chief Fleming displayed an inappropriate picture on his
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cellular phone and that you looked at the.picture. Similarly, Fire Captain
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, admitted in his administrative interrogation that he
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\vould observe and display inappropriate pictures in the instructor barracks
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mea and that you were present on some of those occasions. You denied ever
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seeing any inappropriate pictures in the workplace.
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d. You denied receiving a text message that included an inappropriate link to a
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S\Vingers club (Club Joi), sent to you by Fire Captain
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November 21, 2013, al 1815 hours. Fire Captain
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you and another co-worker, who admitted receiving it. You stated that you
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do not recall ever receiving inappropriate links via text messages on your
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state issued cell phone.
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III
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on
admitted sending it to
2. You lied about statements you made to others regarding your intent t~) discredit the
CAL FIRE Director. Specifically, the Academy Administrator, Deputy Chief George
Morris III , testified that in late August or early September 2014, you told him you had
damaging information about the Director. You said, in reference to your upcoming
administrative intenogation, "They ask me the right question, then I will say this. "
Another Academy employee, Digital Composition Specialist, Shannon Browne, also
stated she heard you say that you "have dirt on Pimlott." During ynu administrative
intenogation , you denied making those remarks.
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3. You Lied to Iaw enforcement officers during your administrative interrogation , stating
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."
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4. You lied to your direct supervisor with respect to fqllov-iing the orders contained in your
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notice of Administrative Time Off (ATO). On December 29, 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
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the following day. You anived Cll approximately 0530 hours with four subordinate
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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 ch eck~in first and were not
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supposed to be there unli11ater that clay and apologized. You denied il, stating that you
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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
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suborchnates and cadets at risk. Despite the fact that EEO training is required and provided
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for all managers and supervisors of the Department, you did not take this training seriously,
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. and your attiltide and actions are inconsistent with your position as a leader, manager; ;,.
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supervisor, trainer, and mentor for CAL FIRE. You repeatedly failed to lel1 the truth during
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your administrative
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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.
inteiTogat~on.
You failed to take required action 'and failed to .inform _
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MATERIALS AND DOCUMENTS
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Pursuant to State Personnel Board (SPB) Rule 52.3 , a copy of all materials and
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documents upon which this Adverse Action is based, accompany this Action with a cover sheet
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denoting each material/document. Additionally, pursuant to G.C. Section 19574.1, you, or your
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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
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"relevant evidence" as defined by Evidence Code Section 210. If you have such a request
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pursuant to G .C. Section 19574.1, you should contact the CAL FIRE Legal Office at
C9Io) 653-4153.
Work performance problems arc sometimes characteristic of an outside problem.
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You m-e advised that the Department's Employee Assistance Program (EAP) is available to you 24
hours a day, 7 days a week and can be accessed by calling (866) 327-4762 or TDD
(800) 327-0801.
VI
RIGHT TO RESPOND TO APPOINTING POWER (SKELLY HEARING)

Pursuant to SPB Rule 52.3, you have the right to respond to this Notice of
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Adverse Action, either in writing or
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verbally~
prior to January 23, 2015, the effective elate of
this Action. If you wish to respond verba1ly, please contact Skelly Officer Bryan Cash at
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(916)
653~6381;
to scheduleyour meeting so thatit may take place prior to the effective da:te, ''
.I January 23~ 2015.
You have the right to a representative at this meeting; however, at this stage of
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the proceedings you are not entitled to a formal hearing with cxarnination of witnesses. You are
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entitled to a reasonable amount of State time to prepare your response to the charges/allegations.
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If you wish to respond in wriling, please submit your response to Bryan Cash, at the California
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Natural Resources Agency, P.O. Box 944246, Sacramento, CA 94244. Your written response
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should he mailed or hand-delivered to ensure receipt prior to Januaf)' 23, 2015, the effective
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elate. Whether you choose to respond verbally or in writing, the individual to whom you respond
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. will have the authority to recommend to the appointing power amendment, modification, or
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revocation of any or a1l of the foregoing allegations.
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VII
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RIGHT OF APPEAL TO THE STATE PERSONNEL BOARD
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Regardless of whether you choose to respond as detailed in Section VI above,
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pursuant to G.C. Section 19575, you may appeal this Action to the SPB. You, the employee,
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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.
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Your appeal sha11 be sent to:
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The State Personnel Board
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Attention: Heming Office
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P.O.Box 944201
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Sacramento, California 94244"2010 .
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You may also flle your appeal in person during normal business hours with the (SPB) which is
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located at 801 Capitol Mall in Sacramento, California.
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Pursuant to G.C. Section 19578, the SPB, or iLl) authorized representative, shall
19
hold a heming within a reasonable Lime. You will be notified of the time and place of the hearing.
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I the effective date of this Action:.
You are responsible for notifying the SPB of any changes in your address that occur-after
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.,
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You or the Department may request the use of the expedited appeal process by
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writing to the SPB Hearing Officer within ten (1 0) calendm days of the filing of the appeal. Staff
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of the Board will contact the opposing pmty to determine if the pmty is prepmed and concurs with
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the request. If the party concurs, a hearing will be scheduled within fifteen (15) calendm days of
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the concurrence of both parties. A 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
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meeting. If concurrence is not obtained, Lhe appeal will be processed through the normal
scheduling system.
II
VIII
SEPARATE AND DISTINCT RIGHTS
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Your right to respond prior to the effective elate of this Notice of Adverse Action as
detailed in Section VI is separate and distinct from your formal SPB appeal rights as detailed in
Section Vll above. You may exercise both rights as long as you do so within the time limits
provided.
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Dated
"J~/W-(
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Anthony P. Favro, Deputy Director

Department of Forestry and Fire Protection
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Edmund G .. Brown .1 ~ ..
, STATE OF CA li FOR N IA - NATUr"\AL RESOURCES AG ENC Y
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 [

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CAL FIRE
JAN 16 2015
LEGAL 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.
On
/ /;z ):zot ~
below, on:
NAME OF EMPLOYEE:
CIVIL SERVICE CLASSIFICATION:
(1)
(2)
(3)
(4)
, I served originals and copies, as indicated
MICHAEL RAMIREZ
ASSIST ANT CHIEF
Notice of Adverse Action

Administrative Investigation Binders #1 through #8
CAL F!RE Policy 1086, Assaults , Threats, and Violence Against Employees
January 5, 2015 Deputy Director Clare Frank Memorandum of Record
Service was effected by:
l?f,evJr <-v:;:. . Jt/dA.~P
by personally delivering to and leaving with the person

named above a copy at the address below:
Street Address :
City/St ate/Zip Code:
9 5
,~ 4'C'
lo'f
I decla re under penalty of perjury that the foregoing is true and correct, and that this
declaration was executed by me.
SPB000015
diovernor
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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 case
has been set for a Prehearing and Settlement Conference (PHSC). The PHSC notice is
attached 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 to
Continue 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 SPB
procedural regulations, and failure to comply may result in evidentiary sanctions.
The applicable regulations are available on the SPB website. Please see the Appeals
Procedures section at www.spb.ca.gov.
While this appeal is pending, the parties may wish to consider mediation as a method to
resolve this matter. If the parties agree to proceed with mediation, the State Mediation and
Conciliation Service offered by the Public Employment Relations Board (PERB), may be
able to assist you.
For more information about mediation, please visit
http://www.perb.ca.gov/SMCS.aspx.
With this letter, party representatives will receive the SPB ALJ Peremptory Strike List. In
addition to a copy of the Strike List, unrepresented appellants will also receive a copy of
the Evidentiary Appeals Hearing Procedures document. These forms, as well as the
Contact Update Form, are available on the SPB website. To assist in SPBs effort in
moving toward a paperless process, please return completed forms by electronic mail to
appeals@spb.ca.gov. If you are an unrepresented individual and do not have access
to a computer, please contact the Appeals Division by calling (916) 653-0799 and these
forms will be mailed to you.
For additional information, please visit the Appeals section of the SPB website.
Sincerely,
_________________________________________________________________________________________
James DiFilippo
Appeals Division
SPB000032
EV - Ack with PHSC
Response
to a Public Records Request as of February 18, 2015
Rev. 08/11/2014
Created 04/25/2012
SPB ALJ Peremptory Strike List

SPB Case No: 15-0229
Each party scheduled to appear at an evidentiary hearing before a State Personnel Board (SPB)
Administrative law Judge (ALJ), will have the choice of striking one ALJ from the list below. This
strike of an ALJ will prevent that particular ALJ from conducting the hearing during which
evidence will be taken regarding this case. If you strike more than one ALJ, only the first
stricken ALJ, nearest the top of the list, will be honored. In addition to noting which ALJ is to be
struck, the declaration below must be fully executed or the filing will be considered incomplete
and will not be accepted. Please review California Code of Regulations (CCR), section 56.2, for
more information.
To strike an ALJ, this form must be completed and filed with the Appeals Division, no later than
5:00 p.m. twenty (20) calendar days from February 13, 2015. Filing is preferred by electronic
mail to appeals@spb.ca.gov. You may also hand deliver this form to the SPB Appeals
Division at 801 Capitol Mall in Sacramento.
Alphabetical Listing of Current SPB ALJs
(Please choose only one)
SPB ALJ
Teri Block
Barbara Brecher
Gregory Brown
Mary Cote
Eileen Deimerly
Julia Johnson
Tiffany King
Erin Koch-Goodman
Strike ( X )
SPB ALJ
Jason Krestoff
Mark R. Kruger
Linda McAtee
Bruce Monfross
Douglas Purdy
Paul Ramsey
James Sobolewski
Strike ( X )
Declaration of Party Exercising Peremptory Strike of an SPB ALJ in the Matter of:
Micheal Ramirez
Appellant, or representative
Respondent representative
I, _________________________(print your name), declare that I am an unrepresented

Appellant, a party, or a representative to the case named above and am exercising my right to a
peremptory strike regarding the above named ALJ pursuant to section 56.2. This declaration is
under penalty of perjury under the laws of the State of California.
Signature:________________________________
SPB000033
EV - Ack with PHSC
Date:_________________
Rev. 08/11/2014
Created 04/25/2012
BEFORE
THE CALIFORNIA
STATE PERSONNEL BOARD
February 13, 2015
Re:
Micheal Ramirez
NOTICE OF TIME AND PLACE OF

PREHEARING AND SETTLEMENT CONFERENCE
DATE:
05/05/15
TIME:
10:30 AM
LOCATION:
State Personnel Board - 801 Capitol Mall, Room 108
Sacramento, CA 95814
Please take notice that the above-captioned matter has been set for a Prehearing and Settlement
Conference before a State Personnel Board (SPB) Administrative Law Judge (ALJ) who is the
person appointed and authorized by SPB as its representative to hold and conduct the conference in
this matter. Each party to these proceedings is entitled, but not required, to be represented by
counsel at his/her own expense
The parties and their representatives are expected to be familiar with the SPB procedural
regulations, and failure to comply may result in evidentiary sanctions. The applicable
regulations are available on the SPB website. Please see the Appeals Procedures section at
www.spb.ca.gov.
Upon application to SPB, or its ALJ, subpoenas may be issued as provided by law. All continuances
and other motions must be filed with SPB electronically at appeals@spb.ca.gov. Continuances
granted by the Presiding ALJ shall be considered a waiver of timeframes set forth in Government
Code section 18671.1.
Inquiries can be made in writing by e-mailing appeals@spb.ca.gov, 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
SPB000034
EV - Ack with PHSC
Rev. 08/11/2014
Created 04/25/2012
PROOF OF SERVICE
Re:
In the matter of appeal by Micheal Ramirez

From the appeal of Dismissal
Micheal Ramirez
I am over the age of 18 years and not a party to the above-reference matter. I declare that I am
employed 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 LETTER
PREHEARING AND SETTLEMENT CONFERENCE HEARING NOTICE
By E-mail:
e-mail address(es):
By transmitting the above-named document(s) via electronic mail to the following
By US Mail: I am familiar with the SPBs practice for collecting and processing correspondence
for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited
in the ordinary course of business, in the United States Postal Service in a sealed envelope with postage
thereon fully prepaid.
Appellant:
Micheal Ramirez
Respondent:
Forestry and Fire Protection
PO Box 944246, Room1516-20
Sacramento, CA 94244-2460
Appellant Representative:
Carroll, Burdick & McDonough, LLP - Sac
Attn: Jason Jasmine
980 9th Street, Suite 380
Respondent Representative:
Forestry and Fire Protection - Legal
P O Box 944246, Room 1516-20
I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was
executed on February 13, 2015, at Sacramento, California.
Signed:
_________________________________________________________________________________________
James DiFilippo
SPB000035

Cal Fire Disciplinary Action Against Mike Ramirez

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Cal Fire Disciplinary Action Against Mike Ramirez

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RESPONSE TO A PUBLIC

SPB Case Number(s):

February 18, 2015

PERSONAL AND CONFIDENTIAL

NOTICE -OF ADVERSE ACTION (FORMAL)

,~_.--- - CAL FIRE

STATEMENT OF THE NATURE OF ADVERSE

ACTION AND EFFECTIVE DATES

CAUSE FOR ADVERSE ACTION

Inexcusable neglect of duly

of public or other employees

Misuse of state property

Violation of the prohibitions set fm1h in accordance with Section 19990

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

ACTS UPON WHICH THE CAUSES ARE BASED

You allowed subordinates to consume alcoholic beverages while on duty. On or

CAL FIRE Academy. Fire Captain

, who was a cadet in training at the

you had a conversation with

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

who stated that it was not a "big deal," and you

your subordinate cadets from any form of sexual harassment or discrimination ,

especially given their compromised and vulnerable positions as trainees.

Fleming displayed a partially nude photograph of his late

displayed inappropriate pictures in the donnitory area of the

former CAL FIRE Baualion Chief Fleming approached Fire Captain

began talking to her about vaginal piercings. Both Fire Captain

would remain free of sexual harassment or discrimination.

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

and contractors at any time, for any reason."

As described in Section B , Ilem #1 above, you witnessed former Battalion Chief

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

threatened, provoked, or intimidated by an inciclent(s ), or witnesses or becomes awareof such

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

On numerous occasions , you misused State resources, including misuse of a

gone. You did not have approval from your supervisor.

they would work 24-bours on the fireline, followed by a 24-

depleted State fuel.

the additional Incident Command Assignment (ICA) differential pay.

State Vehicle, because

employee is committed to an incident command team or as a single resource in an ICS position

managing or assisting in the management of an emergency incident."

You were insubordinate to direct orders received from your supervisor. On or

CAL FIRE chain of command.

Captain at the CAL FIRE Academy,

, while she was at her

anything about it or being present. You stated, 'Tha(didn't happen . I mean,

about vaginal piercings. You denied knowing

said you were present.

b. In April 2014, during physical training, former Battalion Chief Fleming

came up behind a female student,

, and slapped her buttocks

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

the Academy, when

former Battalion Chief Fleming displayed an inappropriate picture on his

, admitted in his administrative interrogation that he

\vould observe and display inappropriate pictures in the instructor barracks