D.A. Telecommuting Update: Oct. 31, 2022

Dear OCEA member,

As you know, your OCEA District Attorney stewards and OCEA staff have been working since January on your behalf to create a teleworking policy that works for our members and the D.A.’s Office. Unfortunately, on Friday, Oct. 28—after waiting months for a final response since our last meeting with District Attorney Spitzer—the D.A. sent a memo to all staff revising the agency’s Telecommuting Policy to eliminate work from home for the legal division, the bureau and legal support services effective Nov. 14, 2022.

This is not what we were advocating for at all. We sought 2 days per week equally to all DA employees who could operationally work from home. D.A. Spitzer’s memo was a surprise to us, and not at all what we have been fighting for.

Key Points of the Memo Include:

1. Work from home will be allowed for all employees during a COVID outbreak on a particular floor or building until the outbreak is cleared by a formal memo from OCDA HR
2. Work from home will end effective close of business on Friday, Nov. 11 for Legal, Bureau and Legal Support Staff that support the courts, law enforcement agencies and the public daily
3. Employees in Business Operations Units (IT, Budget, Purchasing, Finance, Payroll, HR, Research) will be allowed one work from home day per pay period
4. Work from home during a week that includes a flex day will not be allowed
5. No work from home is allowed Mondays or Fridays
6. The same day of the week for each employee will be assigned throughout in order to avoid confusion and overburdening the coordination requirements of keeping track
7. If the supervisor cancels the employee’s day, there are no “make-ups”
8. This one day a pay period work from home for the Business Operations Units will be evaluated on an ongoing basis to determine how it impacts office work production and the ability to manage it effectively.

We will be assessing the situation and our General Manager Charles Barfield will be speaking with the D.A. about this further. While Teleworking is not a right, nor is it guaranteed in the MOU, we do realize how much of a benefit this has been to the safety and well-being of our members. Further, Teleworking is now becoming an important tool for the recruitment and retention of top talent.

Ultimately the D.A. has the right to make this decision, but we will continue to advocate to D.A. Spitzer about doing what is right for his employees while serving the needs of the public.

We intend to continue these discussions with OCDA leadership as we commence our quarterly meetings with them. Please feel free to forward telecommuting success stories to both OCEA staff and our stewards.

In Solidarity,

OCEA

Publication Date: October 31, 2022