#3 Flashcards
What are the two prongs for disparate treatment?
Must be a member of a protected class AND must be treated differently than those similarly situated.
Hostile, intimidating verbal or physical conduct based on RACE, COLOR, RELIGION, N. ORIGIN, SEX, AGE, or SEXUAL ORIENTATION that alters or creates an abusive working environment.
Hostile work environment.
If a witness employee waived their 48 hour right, what is needed??
A tape or written waiver.
For random drug tests, supervisor approval for independent tests is required based off what?
Manpower needs, leave request, note members will pay at their own expense
What is needed for FMLA?
50 or more employees, employed for at least 12 months, and worked at least 1250 hours in the last 12 month period.
Conduct Handbook: Annual evaluations will be completed on all employees and sent to labour relations no later than what?
14 days after the appraisal due date.
If a police officer does not comply with their own or another law enforcement agency criminal investigation what may they be charged with?
Insubordination
Conduct Handbook: how long do contacts stay in the SEPF?
12 months from issuance, unless another contact or SOC for the same issue is opened. Then, the contact stays until the newest one purges or until grievance timelines expire.
What does a supervisor do for a customer service dispute?
- Explain why the issue does not rise to misconduct.2. Document the “citizen contact” in Blue Team.
Reasonable suspicion testing: What are the initial steps?
- Investigating supervisor will notify and coordinate with IAB 2. IAB and The investigating supervisor will document the suspicion on a statement of complaint in blue team forThe proper test. This will be provided to the subject.3. A sample will be collected at an appropriate department facility ensuring confidentiality
What does a supervisor provide the complainer if not the direct supervisor of the employee?
The name of the employs bureau commander
EIIP: How often does a sergeant review their employs dashboard?
Monthly
When will supervisors be tested per contract?
Deadly force including an accidental discharge on duty where the supervisor is the shooter, excluding animal shoots.Traffic accidents where at fault, While driving department vehicle resulting in death or substantial Bodily harm
Retaliation occurs when:ABC
A- complaint, assist, or participate in harassment/Discrimination matter.B- employee was a subjected to adverse employment actions.C- a causal link exists between a and b
EIIP: If no pattern or concern exist what does the sergeant do?
Complete the EIIP alert in blue team And forward it to the second line supervisor for approval within 14 calendar days of the notification.Continue to assess the employee.
How is severe and pervasive determined in sexual harassment hostile work environment.
Reasonable persons standard from the victims perspective.
How many hours does a subject have to get an independent test?
72
Substantial different rate of hiring, promoting, or employment decision which works to the disadvantage of members of a race, sex, or ethic group.
Adverse impact.
Conduct Handbook: In the appraisal how should discipline be addressed?
Identify the conduct leading to the discipline (sick leave excessive, didn’t attend court). Don’t mention the discipline imposed (SOC, contact)
Diversity complaints should be completed in how many days of receipt?
45
Conduct Handbook: if an employee fails to complete a performance improvement plan prior to their annual evaluation, what label is appropriate?
Does not meet standards.
Supervisors should consider disciplinary history and circumstances before allowing their employee to use up to how many hours of vacation in lieu of suspension
40 hours
Department members will notify who when taking medication that could cause impairment while on duty.
Their supervisor and the health detail.
Ethics and Values: The bureau commander will ensure the employees have been :
Admonished and the investigatory process has been explained to the subject or witness by his direct supervisor.
Conduct Handbook: what’re the 2 reasons to open an SOC?
- Allegations that could result in discipline.2. When a supervisor would like an incident documented.
Member in crisis: What are the 5 steps?
- Become aware of the situation.2. Investigate and evaluate.3. If potential risk of harm to self or others exists, consult bureau commander or WC if unavailable to place on “relief of duty and temporary assignment”. “Active duty maybe be detrimental…” box is checked. Member crisis intervention does not appear on the form!! Confidential!!4. Contact PEAP and applicable association to immediate respond, no info given just that this policy is fulfilled. 5. Complete Employer Crisis Intervention Form and additional memo and submit to bureau commander.While away, monitor employees status through Director of Risk Management.If leave is beyond 12 weeks (past FMLA) or termination is recommended coordinate with labor relations for the appropriate admin action
When is the watch commander immediately notified by the Sgt?
If the incident is in progress or has just occurred
Reasonable suspicion and supervisor testing refusal could lead to what?
Termination.
The rights of police officers NRS289 does not apply when?
To an investigation which concerns alleged criminal activities
A wide variety of disorders affecting an number of body systems.
Impairment
The theory that employers are responsible for the acts of their employees:
Respondents superior
Conduct Handbook: how long does an employee have for a rebuttal? (For appraisal or contact)
30 days. These are attached and only rebuttals issues mentioned in the report.
Conduct Handbook: PPACE allows supervisors to do what if an employee fails to complete a performance improvement plan?
Request through their chain a pre-termination hearing.
Conduct Handbook: List and describe the three performance appraisal intervals
Quarterly - Probationary, not in a supervised role (FTEP, civilian academy) from date of classification.Bi-monthly- Do not meet standards, done until off this status.Annually- done based off anniversary date.
EIIP: If a pattern or concern does exist what does a sergeant do?
Consult with the second line supervisor and complete the EIIP alert in Blue Team indicating remedial action was taken. Forward to the second line supervisor within 14 calendar days of the notification.Continue to assess the employee.
Conduct Handbook: Who does the appraisal for promotions or classification change?
If the appraisal is due within 90 days, you do it before the change!
Different treatment by treating an employee less favourably than others similarly situated because of their RACE, COLOR, RELIGION, SEX, or NATIONAL ORIGIN.
Disparate treatment.
Internal affairs investigations should be completed with in how many days?
90
Conduct Handbook: performance improvement plans are best suited for:
Multiple or repetitive minor issues.
In order to be protected from retaliation employees must oppose employment actions that are:
Reasonably believed to be unlawful and made in good faith
Diversity burden of proof
Preponderance of evidence
What is the time frame for adjudication from the date of disposition
21 days
Unwelcome advances, requests for sexual favors, and other verbal or physical conduct sexual in nature.
Sexual harassment.
Conduct Handbook: For temporary assignment and light duty, who does the appraisal??
If the employee has been in that status for more than 90 days, whoever is supervising them does it.
Impairment testing: What is the process?
- Contact IA supervisor immediately and brief.2. Bring member to IA office unarmed.3. Complete Summary of Facts on Reasonable suspicion Document.4. Conclude with IA supervisor.5. Breath/blood for ETH, blood urine or hair for 446.
When does the sergeant notify the watch commander or the criminal investigations section supervisor?
When any LE employee is detained as a suspect, Charged, sus/poi on icr, associating with suspects regardless of jurisdiction or victim of felony or violent crime.
Conduct Handbook: If an employee TRANSFER who does their appraisal?
If it’s day 16 or more days after the transfer, the new supervisor.
An employee has a complaint of discrimination or harassment, a supervisor will:
Assist in documenting and filing the complaint with EDS. DO THIS VIA SOC.
Conduct Handbook: After giving an AOC, what should the supervisor do?
Document the communication that occurred on a contact report!
Conduct Handbook: what signature are need for various AOCs?
Written, transfer, minor / up to DC.Major or demotion / up to sheriff or designee.Termination up to Undersheriff.
How many days are given for a bureau investigation
30 - Notify the internal affairs Lieutenant via a request for an extension
Major allegation investigation
If true would result in suspension of 40 hours, demotion, or termination
Conduct Handbook: Supervisors can decide a discipline outcome when the subject is:
Covered under the PMSA collective bargaining agreement.
Conduct Handbook: The performance appraisal cover page is completed under what two circumstances
- An employee is first assigned/transferred to a new assignment (ensure SEPF file accompanies and is current)2. When a supervisor transfers to a new assignment and wants to revise tasks, goals and expectations
What are the 12 steps of a formal bureau investigation?
- Review SOC2. Outline3.advise subject4. Forward employee notice of internal investigation form to association.5. Schedule interview.6. Contact witness7. Schedule interview8. Do interviews9. Document findings10. Review (w/ supervisor) and complete. 11. Coordinate with IA over findings.12. Transmit completed investigation to IA.
EIIP: What are the first three steps taken after an alert is received via email
- Request Employee Performance Review summary.2. Consult with 2nd line supervisor3. Meet with employee to discuss alert.
Identify and explain the six internal investigation findings
Sustained, not sustained, unfounded,exonerated, misconduct not based on complaint, policy failure
Supervisory intervention may be used for allegations:
Minor in nature, not a line item, best for coaching, counseling, mediation, mentoring, and any component of EIIP
Conduct Handbook: what’re the 9 steps for processing a sustained disposition?
- Review the IA/bureau investigation.2. Check work history (SEPF/LR)3. Check discipline guide (matrix)4. Check compatible discipline - 5 years5. Apply aggravate/mitigating factors.6. Determine outcome.7. Determine if Option or abeyance will be given.8. Complete AOC. Draft and have LR check.9. Process AOC.
Drug free workplace:If a member tests positive for an illicit drug, they will remain on relief of duty until:
Completion of IAB investigation
Internal investigation burden of proof
Clear and convincingSubstantially more likely than not to have occurred
EIIP: employee performance review is housed by EIIP as an employee snapshot of work history of typically a BLANK period
3 year.
Harassment/Discrimination: failure to refrain, report, or assist/encourage the process will be grounds for discipline: True/False?
TRUE
A person of authority extorts sexual consideration for a tangible benefit.
Quid Pro Quo Harassment
The burden of proof is on who? To show Discrimination was based on their protected class.
The victim.
Impairments that substantially limit a major life activity but is not long term (blank) are bit normally considered a disability under the ADA
Less than 3 months
Protected classes defined by title 7 include race, color, religion, sex, and national origin. Blank and blank are protected classes, Discrimination is not determined by group comparisons but on individual case by case basis.
Age and disability.
Discrimination occurs when any act, practice or pattern has an adverse impact on an identifiable group compared to the majority. ILLEGAL DISCRIMINATION OCCURS WHEN:
A member of a PROTECTED CLASS is affected without sufficient legal justification.
Adverse impact on minorities and women that are Blank constitute illegal discrimination under title 7.
Not justified by business necessity.
Adverse impact is on the BLANK of employment practices rather than the motive.
Consequences
The discrimination handbook shall be reviewed:
Regularly and during each employees annual performance evaluation.
Supervisor Diversity: preventing complaints, supervisors shall:Crims-r
C- counsel on prohibited behaviorR- refrain from participating or encouragingI- insist employees be treated with fairness and dignityM- monitor the work environmentS- stop acts that may be considered harassment R- Report, whether witnessed or reported
Supervisor Diversity: RECEIVING complaints, supervisors shall:ACE -A
A- act immediately on all complaintsC- contact OED for assistance in documentingE- ensure the employee understands the complaint policyA- assist the employee in filing he complaint
Supervisor Diversity: bureau level investigation, supervisors shall:DICT-C
D- document results of a fact finding investigationI- identify a course of action with assistance from OEDC- coordinate the investigation through diversityT- take remedial action to prevent future occurrencesC- counsel on innappropriate behavior and remarks
Sexual orientation is protected by ______ lawLVMPD has a _________ tolerance for this type of discrimination
State Law (not title 7)Zero Tolerence
A pregnant female is denied a vacant light duty position. However, 2 weeks later the position is given to a male with “similar limitations”.This is an example of?
Harassment on the basis of pregnancy
Officer McKnight is constantly teased at work about having a “hot temper” and being a “heavy drinker” only due to his last name being of Irish descent.This is what protected class?
National Origin
The employer has a duty to accommodate a religious belief or practice UNLESS…
It creates an undue hardship (De minus cost/De minus impact)not required if multiple accommodations are available
Per LVMPD policy, how many incidents are needed to sustain a complaint?
ONE (This is stricter than federal law, RARELY is it enough by law)
A discriminatory motive is proven when:
- Evidence reasonable determines the employers explanation to the charge is false AND2. Discrimination is more than likely the motivating factor
To prove disparate treatment, the employers actions must be based on a discriminatory motive but DO NOT NEED to be deliberate or willful.True or false?
TRUE
A disparate treatment claim must initially establish: (2 things)
- The complainant is a member of a protected classAND2. The complainant was treated differently than those similarly situated.
What is the enforcement body at NV state level
Nevada Equal Rights CommissionNERC
FMLA requires an employer to provide leaves of absence for:(4)
PARENT:Birth of a childAdoption of a childILL:Care of a SERIOUSLY ill family memberCare of YOU OWN SERIOUS illness
Job accommodations for ADA are coordinated with:
Health and safety manager(Through immediate supervisor or division / office commander)
ADA disabilities are _______ OR _________ impairment that substantially limits 1 or more major life activities
Physical or mental
Although acts and jokes may not be unwelcome, employees are obligated by LVMPD policy to:
NOT participate in inappropriate workplace behavior
A title 7 sexual harassment is considered a violation if (2)
- Sufficiently SEVERE AND PERVASIVE to alter conditions of employmentAND2. Create an abusive working environment
What are the 2 types of sexual harassment as defined by the EEOC?
Quid pro quo Hostile work environment
The 2 basic requirements for sexual harassment under EEOC are:
UnwelcomeSexual in nature
Age discrimination:In Nevada, the age 40 floor has been:
Omitted
DISCRIMINATION AND HARASSMENT 5/101.24The EDS director prepares an annual report of all complaints and forwards it to the _______
Sheriff
DISCRIMINATION AND HARASSMENT 5/101.24You are the NE14 Sgt and your Officer makes a religious accommodation request.Who do you notify?
EDS director
DISCRIMINATION AND HARASSMENT 5/101.24Who determines the release of confidential information?
- IAB LTOR 2. IAB CaptOR3. EDS DirectorALL OF WHICH ARE AT THE DIRECTION OF GENERAL COUNSEL
DISCRIMINATION AND HARASSMENT 5/101.24Intentionally false and/or malicious reporting will be subject to:
Disciplinary action
DISCRIMINATION AND HARASSMENT 5/101.24If a complainant is not satisfied wit the disposition, who may they contact?(3)
- NERC2. EEOC3. EDS Director
DISCRIMINATION AND HARASSMENT 5/101.24May a 3rd party with a close relationship to a complainant claim retaliation
YES
DISCRIMINATION AND HARASSMENT 5/101.24Reasonable Person standard: the victim is __________offended AND a reasonable, similarly situated member of the same class would be __________offended.
- Subjectively2. objectively
DISCRIMINATION AND HARASSMENT 5/101.24Conflict resolutionOnce started, this process is MANDATORY for the involved parties to participate.True or false?
TRUE
DISCRIMINATION AND HARASSMENT 5/101.24Mandatory EDS training is provided to:
- New hires2. FTO’s3. ALL supervisors (biennial)
DISCRIMINATION AND HARASSMENT 5/101.24ADA accommodations requests are handled by:
The health and safety section
D+H HANDBOOK FOR SUPV:ALL complaints of discrimination and/or harassment will be reviewed by:
The director of OED
D+H HANDBOOK FOR SUPV:You are interviewed as a WITNESS by OED to a harassment claim… are you covered against retaliation?
YES(Protected if you make a claim, assist in making a claim or participate in an investigation)
D+H HANDBOOK FOR SUPV:Officer Knight comes to you and states he is being harassed and just wants to quit.What are your immediate objectives? (4) “ACE-A”
- ACT immediately2. CONTACT OED immediately3. ENSURE the employee understands the process4. ASSIST in filing a complaint
D+H HANDBOOK FOR SUPV:Preventing complaints:Supervisors must stop offensive behavior before it becomes:______________ OR _____________
Pervasive or severe
You are a Sgt working NE32, you respond to a 467 and the HMA driver claims he was profiled and officer smith called him a “wet back”Who investigates this?
IAB(external complaint)
D+H HANDBOOK FOR SUPV:A prima facie case of discrimination/harassment results from a complaint that appears TRUE, VALID or SUFFICIENT at FIRST IMPRESSION.true or false?
TRUE
D+H HANDBOOK FOR SUPV:The theory stating an employer is responsible for the acts of its employees thus creating automatic liability is called…..
“respondents superior”
D+H HANDBOOK FOR SUPV:To be protected from retaliation, employees oppose practices which are:(2 prong)
- Reasonably believed to be unlawfulAND2. Made in good faith
D+H HANDBOOK FOR SUPV:Diversity complaints should be completed in _____ days when possible.
45
D+H HANDBOOK FOR SUPV:The discrimination handbook shall be reviewed…
Regularly and during each employees annual performance appraisal
Conflict resolution…Mandatory or voluntary?
MANDATORY… once started.
For EDS purposes, what is the reasonable person standard?
The victim is SUBJECTIVELY offended AND a reasonably similarly situated member of the protected class against whom the harassment or discrimination is directed would be OBJECTIVELY offended.
What are the three types of alternate resolution to EDS complaints?
MediationConflict ResolutionIAB
DEFINE THIS CONDUCT:an act, practice or pattern of behavior based on an individuals race, color, religion, sex, national origin, age, genetic information, disability, military service, sexual orientation, gender identity l or expression, or political affiliation which has a negative effect on an individual or identifiable group compared to the impact on members of other groups
Discrimination
DEFINE THIS CONDUCTEmployment practices that appear neutral but travel a disproportionately negative effect on members of a protected class.This conduct May be unintentional
Adverse impact
DEFINE THIS CONDUCTA member is intentionally treated differently from other similarly situated members based on that member belonging in one or more of the protected classes.This is distinguished from the concept of “adverse impact” which may be unintentional and applies to a protected group rather than an individual
Disparate treatment
What is the exception to the 300 day reporting rule?
Uniform service employment re-employment rights act of 1994 (USERRA) Has no statute of limitation
According to LVMPD policy 5/101.24 Who may a person report harassment to?
Contact any supervisor, EDS or IAB to seek assistance in filing a complaint of discrimination, harassment (sexual or otherwise) or retaliation.
In addition to the protected classes (race, color, religion, sex, national origin, age, genetic information, disability, military service, sexual orientation, gender identity or expression or political affiliation) protection against harassment and/or discrimination further extends to… 4 items
- Those protected by workers compensation2. The Family Medical Leave Act3. The Genetic Information Nondiscrimination act 4. The Americans with disabilities act
Drug free workplace:If a member is POSITIVE for a NON ILLICIT drug, the captain may place them on ______________ after consulting the ______________
Modified dutyRisk manager
Drug free workplace:If a member is SUSPECTED of using a NON ILLICIT drug, the captain may place them on _________________ after consulting _______________
Full or modified dutyThe risk manager.
Drug free work place: who notifies the members of a positive result:
If the MRO can’t in 24 hours, IAB
Drug free workplace:For amnesty, a user can self report for:
PRESCRIPTION drugs or alcohol
Drug free workplace:If a member is SUSPECTED of using a NON ILLICIT drug, the captain may place them on _________________ after consulting _______________
Full or modified dutyThe risk manager.
Drug free work place: who notifies the members of a positive result:
If the MRO can’t in 24 hours, IAB
Drug free workplace:For amnesty, a user can self report for:
PRESCRIPTION drugs or alcohol
Drug free workplace:If a member is POSITIVE for a NON ILLICIT drug, the captain may place them on ______________ after consulting the ______________
Modified dutyRisk manager
According to the discrimination handbook for supervisors, complaints of harassment or discrimination may be made to:
- Any supervisor2. Director of OED or designer3. The Captain of personnel4. The captain of professional standardsThis is DIFFERENT than what is in the MOVE policy which states:1. Any supervisor2. The EDS director3. The IAB commander
ICS stands for
(I know its easy) Incident Command System
ICS can BLANK or BLANK to meet different needs.
Grow or Shrink
ICS was developed in?
1970s
NIMS stands for, and was created after?
National Incident Management System In response to 9/11 attacks
ICS represents organizational BLANK
Best Practices
ICS helps ensure full utilization of all incident resources by: (4)
Maintaining a manageable span of controlEstablishing predesignated incident locations and facilitiesImplementing resource management practicesEnsuring integrated communications
ICS helps ensure resources are?
on hand and ready
ICS ensures communication uses?
Common terminology and clear text, plain English!
ICS is organized in what structure?
Top down, modular fashion
What is an IAP? (what does is do)
Incident Action Plan : Oral or written plan containing general objectives reflecting the overall strategy for managing an incident. (EVERY INCIDENT MUST HAVE ONE!)
The time frame for an IAP is called?
Operational Period
What type of incident(s) require a WRITTEN IAP?
Hazardous materials incident
IAPs must have 4 elements, what are they?
What do we want to do?Who is responsible for doing what?How do we communicate with each other?What is the procedure if someone is injured?
Span of control: What is the effective span of control?
3 to 7A ratio of 1 supervisor to 5 reporting elements is recommended
The ICP will be located?
Close enough to the incident to maintain command!
A temporary location where personnel and equipment are kept while waiting for tactical assignments is called?
Staging Areas
Location from which primary logistics and administrative functions are coordinated and administered is called? May be “colocated” with ICP ONLY ONE PER INCIDENT!
Base
What is the Location where resources may be kept to support incident operations. They provide food, water, sleeping areas and sanitary services.
Camp
What is the location where HELICOPTER STUFF HAPPENS? (DUMB)
Helibase not to be confused with Helispot which is a temporary landing zone. (Who comes up with this shit)
ICS resources are broken down into two categories
TacticalSupport
Tactical resources are always one of three assignments
AssignedAvailableOut of service
Single Command
Incident Commander has complete responsibility for incident management
Unified Command
Multiple responding agencies are responsible for the incident and share management.
When may a Unified Command be needed?
Multiple JurisdictionsSingle Jurisdiction with multiple agencies sharing responsibilityMultiple jurisdiction with multi agency involvement
The transfer of command always includes a?
briefing
Incident Recordkeeping: A supervisor must maintain a BLANK which indicates BLANK…
Daily Unit Log (ICS-214)Indicates names of personnel and a list of major activities that occurred IE: Chirs fished his keys out of a portajohn
Who is command staff?
PIO OFFICERSAFETY OFFICERLAISON OFFICER
Authorized FA:What is the trigger weight of a shotgun?
Shall not be less than manufacturer specifications
Authorized FA:The standard for quarterly rifle quals is:
90%
Officers will immediately notify BLANK they are not current on their rifle certification
supervisor
Authorized FA:What is the authorized barrel length of a shotgun?
14”-20”
for miscellaneous items what is required
type / category*example bag containing toothpaste toothbrush shampoo asswipes etc Miscellaneous toiletries NOT Miscellaneous items