8.330 Maintenance Of Values And Ethics Flashcards
What is the policy of the LVMPD regarding employee misconduct complaints?
To investigate all complaints of employee misconduct, including harassment and discrimination, whether on- or off-duty.
This policy aims to effectively manage employee performance and conduct, assuring public trust.
What are the rights of employees in relation to complaints?
Employees are entitled to rights as outlined by statute and their respective collective bargaining agreements (CBA).
What is the purpose of the Internal Affairs Bureau (IAB)?
IAB is authorized to investigate complaints and report directly to the Sheriff concerning any investigation.
IAB includes IA investigators, the Criminal Investigations Section (CIS), and the Employee Early Identification and Intervention Program (EIIP).
What are the consequences of failing to cooperate with an internal investigation?
Failure to cooperate will be considered insubordination and may result in disciplinary measures up to and including termination.
What is a Citizen Review Board (CRB)?
A board created by law to review internal investigations concerning complaints against commissioned police and corrections officers.
What types of investigations are conducted by the LVMPD?
Types of investigations include:
* Citizen Contact/Preliminary Inquiry
* Citizen Review Board (CRB)
* Customer Service Dispute
* Minor Allegation Investigation
* Major Allegation Investigation
What does a ‘Sustained’ finding mean in an internal investigation?
The investigation established that misconduct occurred.
What is the burden of proof required for internal investigations?
The burden of proof is clear and convincing evidence.
True or False: Complaints can only be accepted from identified sources.
False.
Complaints will be accepted from any source, including anonymous complaints.
What is the procedure for receiving complaints from citizens?
Complaints will be received by a department supervisor, who will respond physically or via telephone.
What is a Statement of Complaint (SOC)?
A document that documents the nature of the complaint, the person making the complaint, and any witnesses to the allegation.
Fill in the blank: The types of investigations that may be waived include _______.
[types of investigations that may be waived]
Examples include abuse/excessive use of sick leave and tardiness.
What is the role of the bureau commander in minor allegation investigations?
The bureau commander will assign a supervisor to investigate the minor allegation and ensure the investigation is completed and returned to IAB within 30 days.
What happens if an employee waives the formal investigation?
This effectively waives any right to the grievance process.
What is the policy for investigating allegations of criminal misconduct?
IAB investigators will obtain a copy of all criminal investigations through the IAB commander from CIS.
What are the possible findings of an internal investigation?
Possible findings include:
* Sustained
* Not Sustained
* Unfounded
* Exonerated
* Misconduct Not Based on Complaint
* Policy Failure
What is the timeframe for completing internal investigations?
All internal investigations should be completed within 90 days unless approved by the IAB lieutenant.
Who is notified when an internal investigation is initiated?
The bureau commander will be notified when it is determined that employees will be investigated concerning possible misconduct.
What must be included in the Employee Notification of Internal Investigation?
The following must be included:
* Nature of the investigation
* Date of the interview
* Name and rank of the officer in charge
* Name of any other person present
* Right to representation
* Name of the collective bargaining association
* Method of sending notification
* Date, time, and place for the interview
Representation must not be connected to the investigation
How long must an interview be scheduled after the Employee Notification of Internal Investigation is sent?
At least 48 hours after notification, excluding non-working days
Employees may waive this notice requirement
What must be documented if an employee waives their rights during the investigation?
Specific documentation acknowledging the waiver must be recorded either in writing or on tape
This should involve the employee or their representative
What is the recommended order for conducting interviews during an investigation?
The recommended order is:
* Complainant
* Witnesses
* Subject employee(s)
This order is usually the most effective
What should be limited during interviews regarding alleged misconduct?
The scope of the questions should be limited to the alleged misconduct
This helps maintain focus and relevance
What must the investigator document after completing the investigation?
All elements of the investigation must be documented in the Investigative Report
This includes review by the immediate supervisor
What actions are required for complaints categorized as Not Sustained, Unfounded, and Exonerated?
No further action is required
These findings indicate that the investigation did not substantiate the claims
What happens if a complaint is categorized as Sustained?
The procedure outlined in Addressing Sustained Complaints is followed
This may involve formal discipline or supervisory intervention
What is the role of the Bureau Commander upon receipt of the IA Disposition Report?
Ensure the employee is notified of the disposition and explain the process for sustained findings
This notification must come from the supervisor or another designee
What options are available for addressing Sustained Complaints?
The options are:
* Supervisory intervention
* Formal discipline
This depends on the severity of the complaint
What is the purpose of the Discipline Board?
To determine discipline for PPA and PPACE subject employees in cases of disciplinary transfer or higher
Excludes recommendations for termination
What is the abeyance option in disciplinary procedures?
A voluntary option for certain misconduct issues allowing employees to complete counseling or classes instead of serving suspension hours
This option depends on the nature of the performance/conduct
What is required if an employee fails to complete classes/counseling under the abeyance option?
The employee will be required to serve the suspension hours held in abeyance
Completion is typically expected within 180 days
What documentation is needed for supervisory intervention?
Utilize form LVMPD 421, Bureau Investigation Supervisory Intervention, to document the intervention
This form replaces an Investigative Report
True or False: Employees have the right to appeal the department’s decision to the CRB.
True
Complainants are advised of their right to appeal
What is required for an employee who agrees to the abeyance option but faces another disciplinary action?
They may be required to serve the suspension hours being held in abeyance
This applies if the disciplinary action occurs before the completion of classes/counseling or within six months of signing the adjudication.
What happens if an employee fails to complete the required classes/counseling within a reasonable time period?
They will be required to serve the suspension hours
A reasonable time period is normally 180 days, as determined by OLR.
What document must be completed to implement the suspension hours held in abeyance?
Complete LVMPD 95, Notice of Suspension
This is necessary when the employee fails to complete the required classes/counseling.
Who is responsible for submitting completion certificates after classes/counseling sessions?
The employee
They must submit certificates to their chain of command and OLR.
What will OLR do regarding abeyance issues?
Track and close all abeyance issues based on documented completion or failure to complete
This includes monitoring the completion certificates submitted by employees.
What is the maximum number of vacation hours an employee can use in lieu of suspension hours?
Up to 40 hours
This option is considered after the level of discipline has been determined.
What factors should a bureau commander consider when deciding to allow vacation hours in lieu of suspension?
Disciplinary history and mitigating/aggravating circumstances
These factors help assess the appropriateness of allowing the use of vacation hours.
What must a supervisor do once the bureau commander decides to allow vacation hours?
Offer the vacation hours in lieu of suspension hours to the employee as an ‘option’
The employee can either accept or reject this option.
When might the option to use vacation hours be particularly useful?
When the suspension does not fit perfectly with the employee’s work schedule
This includes cases like 9-, 10-, or 12-hour shifts.
What is an example of how the vacation hours option could work?
An employee working a 10-hour schedule with a 16-hour suspension could be given a six-hour option
Alternatively, they could be suspended for the first or last six hours of their shift.
What action must the bureau commander take regarding the AOC and employee’s personnel file?
Forward the AOC to OLR for inclusion in the employee’s personnel file
Complete LVMPD 95, Notice of Suspension, when appropriate.
