503.00 Performance (Comp. and Discipline) Flashcards
What is the policy of the DPD complaint and discipline process driven by?
The mission, vision and value statements of the department.
The department is committed to investigating all allegations of officer misconduct in which 3 ways in accordance with accepted department policies and procedures.
In a fair, thorough and timely manner.
What is service complaint?
A citizen complaint that pertains generally to services or policies of the department but which is not an allegation of misconduct against an employee.
What is this definition? The initial fact finding stage of an investigation in which a Sgt. or above determines whether or not the complaint, if true, would constitute misconduct, or if the issue amounts to a service complaint.
Complaint Intake.
What is IRP?
Investigative Review Process.
The IRP is a review process consisting of how many phases and what are they?
2 phases, phase 1 consists of a review by the subject officer of the IAD investigative reports. Phase 2 consists of a meeting between the subject officer, his representative, the investigative officer, and the IAD commander with the intent of reaching an agreement as to the material facts of the case.
All officers of the department will report misconduct, it the possible misconduct involves the officers supervisor or command officer, the reporting officer may report the possible misconduct to who?
IAD, The Office of Independent Monitor or the Chief of Police.
When an officer is charged with a traffic offense of how many points or more require mandatory notification?
8 points or higher
During a pre-disciplinary meeting (Chiefs Hearing) with the Chief of Police can the subject officer be armed.
They will not be armed
Can a supervisor or command officer look to higher authority to initiate investigations when the actions in question are within his or her own authority?
They will not
A supervisor or command officer of a bureau, division district WILL IMMEDIATELY report to IAD all allegations of what?
Serious misconduct, including conduct prohibited by law.
A supervisor or command officer of a bureau, division or district will, in a TIMELY MANNER, notify IAD regarding allegations of what?
General misconduct or pattern misconduct that is not serious in nature and does not constitute conduct prohibited by law.
Who may relieve an officer of duty when the charges are of a serious nature and it appears that such action would be in the best interest of the department or the officer?
Any command officer (or supervisor, with the approval of a higher ranking officer)
Upon being relieved of duty an officer will surrender what?
Their badges and identification cards
The IAD commander, the Chief of Police or the Executive Director of Safety will report all acts of serious misconduct, including conduct prohibited by law to the Office the of Independent Monitor within how many business days of becoming aware of the allegations?
3 business days
Officers of the IAD act directly pursuant to the command and with the authority of who?
Chief of Police
The primary duty of the IAD will be to ensure what?
The integrity of the department.
The IAD will direct its efforts toward conducting what type of investiagtion of allegations of misconduct by officers if the department .
An efficient, impartial, prompt, and complete investigation.
Within how many business days of determining to monitor an investigation or of recieving the request from the board or the executive Director, the monitor’s office will advise IAD only that the monitor’s office will monitor the investigation.
3 business days
A complaint, which if proven, could constitute a violation of what may be eligible for mediation only in accordance with the provisions of the Department of Safety EEO Investigation procedures?
RR-138 Discrimination, harassment, and retaliation
What Categorys are ineligible for mediation?
Category E, and Category F
What is Category E cover?
Conduct that involves the serious abuse or misuse of authority, unethical behavior, or an act that results in actual serious and adverse impact on officer or public safety or to the professionalism of the department.
Any allegation of misconduct that falls into the following conduct category, as presented in the Discipline Handbook, is eligible for mediation only if the Executive Director of Safety, the Chief of Police, and the independent Monitor all agree that mediation is appropriate?
Category D
What categories are eligible for mediation only if approved by Internal affairs Division and Independent Monitor?
Category A, B, and C
Even if the complaint is eligible for mediation who has the authority to decide for any reason that a case should not be assigned for mediation.
The Executive Director of Safety, Chief of Police or the Monitor.
Under mediation procedures how many working days of receipt of notice does the officer(s) have to respond to the monitor’s office?
5 working days
Except for good cause, complaints of minor misconduct involving courtesy, communications, and minor rules violations should be filed within how many days of the incident?
60 days
Except for good cause, complaints of serious misconduct including, inappropriate force, egregious acts of disparate treatment, or major rule violations should be filed with how many months of the incident. IAD may waive the time limit if there is substantial corroborating evidence of the misconduct.
6 months
Is there a time line for complaints alleging criminal conduct or corruption?
There are no specific timeline.
Under Third Party Complaints. Can third hand or anonymous complaints that allege corruption or other very serious police misconduct be dismissed.
They will not be dismissed.
Can anonymous complaints of minor misconduct be dismissed?
Yes, however supervisors will urge the complaining party to encourage a person with standing to file the complaint.
Informal investigations should be completed in how many days from the time the complaint is recieved by the district/division? Eccpetuons may occur if involved employee are time off, vacation ect.
5 days
If an officer is charged with a felony, the Chief of Police will what pursuant to Denver City Charter section 42-27?
Will indefinitely suspend the officer
Although an officer may refuse to sign the Garrity Advisement in a disciplinary investigation the officer still must complete what?
A statement
Under conduct review, What are the 4 categories for clearing a finding of an investigation?
Unfounded, Exonerated, Not Sustained, and Sustained
What is CRD stand for?
Conduct Review Division
If a case is sustained and the penalty recommendation is other than an oral or written reprimand, the case will be forwarded to who?
Executive Director of Safety for imposition of discipline.
If a case is sustained and the penalty recommendation includes fined time or a suspension, the subject officer and his or her commanding officer are notified by who as to the disposition?
Conduct Review Division
If the subject officer disagrees with the findings and or recommendation of fined time or suspension, he or she may request what?
A Cheif’s Pre-disciplinary Hearing
Officers being served with Contemplation of Disciplinary letter are allowed how much time to make a decision to accept discipline or request a Chiefs hearing?
24 hours
What is the purpose of a Chief’s Conduct Rebiew Meeting?
Is to gain input on the fi al determination and penalty assessment.
During phase 1 of the IRP process if the subject officer is on vacation, accrued sick leave or other approved leave the 5 day period will begin upon the officers return to active duty unless otherwise ordered by the Chief of Police.
FYI
If the subject officer is serving a suspension the IRP process phase 1 will begin when?
When the officer returns to active duty or at the discretion of the Chief of Police.
Can a subject officer remove documents, eletonic or hardcopy from the IAD or CRD offices at any time during the review, and will the subject officer be allowed to copy any portion of the I investigative file?
Will not and will not
Can an officer make notes during the review and if so what must happen?
Yeah and a copy of the notes needs to be left with the IAD case file.
Phase 2 of the IRP will be conducted when?
5 business days of the completion of phase 1
What will be discussed during phase 2 of the IRP in an attempt to reach an agreement or understanding as to the content of the report.
Disputed factual issues
If the parties are not able to agree on all of the facts the subject officer may within how many calendar days of phase 2 meeting submit a memorandum of dispute not to exceed how many pages to be I included in th file?
7 calendar days and 10 sheets
For the Chiefs pre-disciplinary hearing g will be held, a Contemplation of Discipline Letter will be prepared and provided to the subject officer within how many business days of the CRD’s recommendation?
10 business days
A pre disciplinary hearing will be held no less than how many days and no more than how many business days after the issuance of the Contemplation of Discipline Letter, unless extended by who?
No less than 7, no more than 10 and the commander of CRD
Within how many business days of the Chief’s recommendation the monitor will advise the Executive Director of Safety whether he or she agrees with he chief?
5 business days
Within how many calendar days of the date of the Chief’s order the Executive Director of Safety will approve modify or disapprove the written order of disciplinary action?
15 calendar days
When should all new supervisors and command officers be trained ed on Executive Order 94 and Memorandum A following their promotion?
6 months
All employees without supervisory or command duties should be trained o Executive Order 94 and memorandum A during when?
1st year of employment.
Who makes up the Awards Committee?
The chief of staff for the Chief of Police as chairperson in a non-voting capacity (except to break a tie) 1 lt., 1 Sgt., 2 ofcs below the rank of Sgt. 2 career service employees and 1 community member.
What is the Chief’s Unit Citation?
Awarded by the Chief to an entire unit, section, or division/district whose members perform their assigned function in an unusually effective manner.
What does PES stand for?
Performance Evaluation System
Evaluations must be finalized by when and are dur to human services printed and signed by when?
15th of January and the 1st of February
What is PAS?
Personnel Assessment System
Performance metrics that will trigger a mandatory PAS reviews are?
- 3 of any 1 incident type within a previous 3 months
- 4 or more incident types (any combination) within the previous 3 months
- 6 of any 1 incident type within the previous 12 months
- a title of 7 any combination types within the previous 12 months
- 2 or more accidental/ deliberate firearm discharges in 1 year
What are the 2 possible levels of response that may be applied to a review?
Level 1 - Notification
Level 2 - Intervention
Level 1 notification the commander will provide a written explanation to the Chief of Police through the chain of command within hiw many days of receipt of notice detailing their actions?
14 days
Command officers may elevate any officer to a level 2 when that officer receives a second PAS review within how many months?
12
A 3rd PAS review within how many months will automatically be escalated to a level 2 response
12 months
Level 2 response, at the conclusion of the plan a report noting the results will be completed by the assigned command officer and forwarded to his/ her respective deputy chief within how many days?
14
What is PDU stand for?
Performance Development Unit
At a minimum, PDU will produce a monthly report detailing officers who have reached a review limit for 3 and 12 month thresholds.
FYI
On odd month intervals PAS reports will be generated for what districts/ units?
1,3,5, metro/swat and gangs
On even month intervals PAS reports will be generated for what districts/units?
2,4,6, Traffic ops and all others
