3-75 Command Disipline policy and procedures Flashcards
What are two types of disciplinary procedures?
1.3
There are two types of disciplinary procedures, the first informal and non-judicial, the second formal and judicial.
The command discipline procedure encourages the resolution of disciplinary problems at the unit level by treating them as non-adversary, fact-finding, internal administrative proceedings rather than as formal adversary proceedings. When the commanding officer determines that command discipline will be effective, what actions should they take?
1.4
When the commanding officer determines that command discipline will be effective, informal non-judicial proceedings may be initiated and concluded at this level, and the required reports forwarded through the chain of command to the Borough Command.
When misconduct is admitted or substantiated, these procedures provide for measures of
progressive severity, beginning with what and progressing to what?
1.5
When misconduct is admitted or substantiated, these procedures provide for measures of
progressive severity, beginning with instruction and reprimand, progressing to command discipline penalties: suspension of overtime privileges, detail, loss of vacation, or forfeiture of up to seven (7) days’ pay, and finally, institution of formal judicial
proceedings before the Office of Administrative Trials and Hearings (OATH). The penalties that may be imposed in formal proceedings are reprimand, ten (10) days’ pay for each offense, or dismissal from the force. In order to avoid the necessity of a hearing, the parties may also agree to other penalties.
What is required before command disipline can be imposed?
1.6
The member’s voluntary consent is required before command discipline can be imposed. Acceptance of non-judicial discipline must be in writing on the complaint report as an affirmative election of both the concept of the non-judicial proceedings and of the penalty. Refusal of command discipline is considered an election to proceed via formal charges and judicial proceedings.
What penalty is the last resort in the command discipline procedure, and should be used with discretion?
2.3.5 Loss of Pay
It applies mainly when members are involved in more serious infractions, or when members have been involved in one or more previous disciplinary cases and have displayed little or no regard for the rules, regulations, or image of the Department. This penalty is particularly appropriate when the
member, although not a chronic offender, has been disciplined previously for the same offense and when the earlier penalty was loss of vacation leave or overtime privilege.
When the recommended penalty is loss of pay, the member may request an interview with who?
When the recommended penalty is loss of pay, the member may request an interview with the Borough Commander before making the election between command discipline and judicial proceedings.
What is the distinction between lateness and being AWOL?
The distinction between lateness and absence without leave is not a hard and fast one. Generally speaking, reporting between 0900 and 0930, or 1800 and 1830 should be considered lateness, and reporting after 0930 and 1830 should be considered AWOL.
When the detailed member is accused of a violation who will initiate the complaint report after the investigation and evaluation?
The officer on duty witnessing or receiving notification of a violation shall enter a record of the facts in the company or unit journal, and if the accused is a detailed member, shall notify the unit where the accused member is assigned. The officer on duty of the unit where the member is assigned shall, after investigation and evaluation, initiate a complaint report and prepare necessary information for review by the commanding officer of the accused member.
The commanding officer shall evaluate the complaint report and, if appropriate, follow the procedures for investigation. The commanding officer must select any one of the following dispositions:
What are the actions taken if the compaint is Unsubstantiated?
Unsubstantiated.
This indicates that the commanding officer has investigated and reviewed the complaint and finds insufficient evidence or No cause for discipline.
Both Part I and Part II of the Complaint Report (BP-87 Rev) must be completed by all parties involved and filed in the member’s unit, with a copy forwarded to the Division
The commanding officer shall evaluate the complaint report and, if appropriate, follow the procedures for investigation. The commanding officer must select any one of the following dispositions:
What are the actions taken if the disposition is admonished and instructed?
Admonished and Instructed.
This indicates that the commanding officer has considered the violation and believes that this action is sufficient to deter the member from further
infractions of the same type. Both Part I and Part II of the Complaint Report (BP-87 Rev) must be completed and filed in the member’s unit, with a copy forwarded to the Division
The commanding officer shall evaluate the complaint report and, if appropriate, follow the procedures for investigation. The commanding officer must select any one of the following dispositions:
What are the actions taken if the disposition is Non-judicial Proceedings?
Non-judicial Proceedings Ordered.
This indicates that the commanding officer has investigated and reviewed the complaint or violation and has determined that it is suitable for informal proceedings. Within one week of the alleged misconduct, the commanding officer shall inform the member of the results of the investigation and of any proposed disciplinary action. At the same time, the commanding officer
must inform the member of the right either to accept or decline the proposed disciplinary action and that acceptance or refusal of the action is binding. When the penalty is loss of pay, the member shall be informed of the right to present his/her case to the Borough Commander before electing command.
When the accused member declines to accept any disciplinary action without a judicial proceeding what reports/actions shall be prepared?
When the accused member declines to accept any disciplinary action without a judicial proceeding, the Complaint Report (BP-87 Rev) shall be complete and formal charges prepared. Both are forwarded
through the chain of command to the Bureau of Investigations and Trials.
Resolution of disciplinary proceedings at the earliest possible time is critical to the effectiveness of command discipline. Although most situations can be resolved within a day or two, no more than two weeks should elapse between misconduct and resolution. Thus, the following maximum timetable must be adhered to?
Within seven (7) days of the alleged misconduct: interviews and investigation completed and member informed of proposed penalty. Within five (5) days of notification of proposed penalty: member must indicate acceptance or rejection on Complaint Report (BP-87). Within two (2) days of member's election: required reports submitted and penalty initiated. When it is not possible to complete the command discipline process within two weeks, the reason(s) for the delay must be noted on Form BP-87 Rev.
If the commanding officer judges that the matter may be handled with non-judicial proceedings, the commanding officer must conduct or order a personal interview with the accused member when the member is on duty as soon as possible after the alleged misconduct. How long can the interview be postponed for to allow for union or legal representation?
If necessary, the interview may be postponed up to 48 hours to allow for union or legal representation.
When conducting investigations, a commanding officer may use the telephone instead of personal interviews. Who does this apply to?
3.6
When conducting investigations, a commanding officer may use the telephone instead of personal interviews. However, this applies only to communications with the complainant and third parties. In every case, the accused member is entitled to a personal interview.
