9.1 Employee Complaint and Disciplinary Process

Question 1

A ___________________________ is critical to the effectiveness of any public
safety organization

Answer 1

foundation of trust with the community

Question 2

In order to maintain this relationship, public employees are
expected to maintain ___________________.

Answer 2

ethical and moral standards

Question 3

The employee complaint
and disciplinary process serves to provide ___________ when
reviewing the actions of employees.

Answer 3

transparency and honesty

Question 4

The complaint and disciplinary process provides ________________
review of allegations of misconduct or violations of policy by ensuring fair and
equitable procedures to maintain appropriate conduct by all employees to meet
BSO’s obligations to the public it serves.

Answer 4

consistent, reasonable, and timely
review

Question 5

When an employee’s actions violate or deviate from the Standards of Conduct or
other applicable policies and procedures, a range of disciplinary action may be
implemented to address the employee’s behavior. The disciplinary process is
designed to:

Answer 5

1. Provide the public with a means to bring forth complaints against employees
2. Ensure a complete, thorough, and impartial investigation
3. Ensure a process that encourages transparency and accountability to the
   community
4. Respect the rights of employees and seek to vindicate or exonerate those
   wrongfully accused
5. Identify deficiencies and recommend training or discipline when appropriate
   [CALEA-C 3.6.5]
6. Identify inadequate policies or practices that may be improved upon to
   deliver high levels of service to the public
7. Comply with applicable federal and state laws, case law, relevant bargaining
   agreements, and accreditation standards

Question 6

Any section of this chapter that is in conflict with relevant collective bargaining
agreements will be resolved ________ of the collective bargaining agreements for
covered employees only. This may include any additional rights extended to covered employees by the Sheriff, negotiated and included in a collective
bargaining agreement for the covered employees only, even if not specifically
mentioned in this chapter.

Answer 6

in favor

Question 7

____________ retains the exclusive right to determine and administer
discipline to managerial, exempt, and confidential employees up to and including
termination and impose all other terms and conditions of employment.

Answer 7

The Sheriff or designee

Question 8

________________ is vested with the responsibility and authority for all investigations of
employee misconduct. These investigations may be delegated to the employee’s
command by the Director of Internal Affairs or his designee.

Answer 8

Internal Affairs

Question 9

Many elements of the disciplinary process are covered in bargaining agreements,
state and federal laws and respective court decisions. A number of those elements
are considered concurrently, while others depend solely on the employee’s job
classification. For example, only employees represented by a collective bargaining
agreement may claim benefits within that contract. Only deputy sheriffs, detention
deputies, and firefighters are entitled to certain provisions of Florida Statute
___________. All employees of any job classification may choose to participate in a
“pre-disciplinary hearing.” It should be noted that any benefits available to an
employee based on a job classification, may be extended to other employees, at
the sole discretion of the Sheriff.

Answer 9

Chapter 112

Question 10

Recommendations for discipline (if any) of unrepresented employees will be made
by _______________.

Answer 10

the employee’s command

Question 11

_______________ will be responsible for the overall operation of Internal
Affairs and reports directly to the Executive Director, Department of Professional
Standards. However, as a situation may necessitate, _________________
may report any complaints against the agency or employees directly to the Sheriff.

Answer 11

The Internal Affairs Director

Question 12

In general terms, it is the intent of this policy to simplify the process of
administering complaints of employee misconduct. For example, allegations will generally fall within two categories based on the severity of potential discipline, _____and ________

Answer 12

Category I and Category II infractions.

Question 13

violations with the potential to result in a suspension of five (5)
days or less, or a written reprimand. These complaints may at the discretion
of Internal Affairs be delegated to the employee’s command for
investigation. Internal Affairs will continue to track the complaint and will
process the investigation upon completion.

Answer 13

Category I

Question 14

violations of criminal offenses or discipline with the potential to
result in a suspension of six (6) days or greater, loss/forfeiture of pay and
benefits, demotion and termination. These complaints will be investigated by
Internal Affairs.

Answer 14

Category II

Question 15

________ is defined as an allegation of misconduct by an employee, whether it
involves a violation of policy and procedure, code of ethics, state or federal law, or
other recognized standard of conduct.

Answer 15

A complaint

Question 16

Complaints will be reviewed by ___________________. If
the preliminary investigation determines no violation of policy and/or law, no further
action will be taken. Any other findings will initiate an investigation per Florida
Statutes and the Sheriff’s Policy Manual.

Answer 16

Internal Affairs and/or the employee’s command.

Question 17

Complaints may be received by any means and need not be in writing. They may
be taken in ________. They will be reviewed and forwarded to the
appropriate entity for investigation.

Answer 17

person or anonymously

Question 18

Complaints may be received by any means, including, but not limited to:

Answer 18

a. In-person
b. Telephone
c. Mail
d. Electronic means

Question 19

A complaint of misconduct will be received by any employee; however, nonsupervisory
employees should immediately notify a supervisor or Internal
Affairs of a complaint. Complaints may be taken using the______ A complaint form may be completed by the
complainant or a BSO employee.

Answer 19

BSO Employee
Recognition/Complaint Form.

Question 20

Complaints received by mail will be placed in a sealed envelope along with
the_________________________ and forwarded to
Internal Affairs for review. If the complaint is against an employee in the
command where the correspondence was received and the complaint may
be considered a Category I infraction, the command may initiate the followup

Answer 20

original envelope in which the complaint was received

Question 21

Complaints received by _____________ will either be taken over
the telephone by a duty officer or directed to a shift supervisor nearest to the
complainant (preferably a sergeant or lieutenant). The option will be up to
the complainant, either to give the complaint over the phone, or meet with a
supervisor.

Answer 21

Regional Communications

Question 22

A complainant requesting to speak to a supervisor will be interviewed _________

Answer 22

as
soon as is practical.

Question 23

The BSO supervisor or Internal Affairs investigator will complete the
relevant forms associated with the complaint process, e.g., SIU#1(__________), SIU#11 (___________),
and SIU#2 (_________).

Answer 23

Internal
Affairs Processing Form

Internal Affairs Complainant Affidavit

Complaint Control Form

Question 24

It is fully understood that what might initially begin as a complaint could
actually be a misunderstanding about BSO procedures or some other
concern. It is incumbent upon the supervisor, if the complainant wishes to
be interviewed, to ____________________

Answer 24

learn the citizen’s concerns and use discretion to
determine the proper course of action.

Question 25

If a complaint can be handled verbally or in writing by a supervisor in a command, after appropriate review is conducted into the employee’s previous disciplinary record (if any), the supervisor should do so. If the supervisor believes an _________________is warranted, then the supervisor will do so. When there is doubt, supervisors (and commands) will communicate with the Internal Affairs Division to work out a course of action.

Answer 25

Internal Affairs Processing Form

Question 26

1. All investigations will be preceded by a Request for Internal Affairs Processing Form which will be completed by a BSO supervisor or Internal Affairs investigator receiving the initial complaint of misconduct. Written complaints in any form submitted to any command will be attached to this form. 2. The completed Internal Affairs Processing Form will be immediately forwarded to Internal Affairs for processing. 3. Internal Affairs will generate the Complaint Control Form and will send a letter to the complainant. 4. The Complaint Control Form, along with a copy of the employee's Internal Affairs history, and a memo to the employee will be sent to the investigator who is assigned the investigation. The memo will be given to the employee at the discretion of the investigator or commander, based on the nature of the investigation.

Answer 26

Request for Internal Affairs Processing Form

Question 27

After receipt of a complaint, Internal Affairs will provide written notification to the complainant acknowledging: [CALEA 52.2.4} a. _________ b. ________

Answer 27

Receipt of the complaint That the investigation has commenced

Question 28

Category II infractions will be handled by Internal Affairs and Category I infractions may be delegated to the employee’s command for follow-up. If a conflict arises, Internal Affairs and commands will consult, but the final determination is vested with the _________________

Answer 28

Director of Internal Affairs.

Question 29

Investigations will be classified as anonymous allegations if received by: a. b. c.

Answer 29

a. Anonymous letter, fax, or correspondence b. Anonymous telephone call to a BSO facility or employee c. Other format where the complaint initiator is anonymous

Question 30

A Personnel Complaint Control Form will be initiated by IA if an anonymous allegation of misconduct is received by an employee. The violation classification will be documented as “______________.” These complaints will be processed and investigated pursuant to the Sheriff’s Policy Manual and applicable laws.

Answer 30

Anonymous Allegation

Question 31

If an investigation shows evidence substantiating any portion of an allegation, _________________________

Answer 31

the violation classification will be updated to reflect the appropriate charge

Question 32

If an investigation fails to substantiate a violation of law or policy, the violation classification will be reclassified as ______,______,_______. This classification will be denoted on the employee's history.

Answer 32

unfounded, not sustained, or exonerated

Question 33

Employees will be given notification if complaints are lodged against them unless notification would compromise the investigative process or any law enforcement or internal investigation. If the complaint is considered a Category I infraction, the Director of Internal Affairs will review the employee’s IA history and if the complaint qualifies as Category I, information regarding an “Admit It and Move On” option will be attached to the written notification of the complaint. This option includes IA cases and command level investigations, which may be available to the employee throughout the process, up to the pre-disciplinary hearing. If the “Admit It and Move On” option originates from an Internal Affairs assigned case the following steps will be followed:

Answer 33

1. The case will be referred to the Director of Internal Affairs for review. 2. The Director of Internal Affairs will review the case and if eligible, will forward the case to the respective command. 3. The command will review the complaint and advise the employee of the “Admit It and Move On” option. 4. If an employee accepts the “Admit It and Move On” option, the command will administer discipline, training, or corrective action, up to a written reprimand, utilizing the Corrective Action Report (BSO A#18). 5. If the employee accepts these terms, they will be notified that they are waiving their rights to appeal the disposition.

Question 34

For the purposes of this policy, there are _____ options that subject employees may be given during a misconduct investigation. The type and method of statement, if taken, is to protect the rights of our employees, protect the agency, and preserve the integrity of cases of misconduct allegations against BSO employees. The type and method of statement is at the discretion of Internal Affairs, not the employee.

Answer 34

four

Question 35

A ____________ is where the employee can be directed to answer questions during an administrative investigation for misconduct. Depending on job classification, FSS 112 may apply to taking __________________. An employee failing to answer a ___________ may be charged with insubordination.

Answer 35

compelled statement

Question 36

An employee may receive a written invitation to participate in the misconduct investigation by providing a voluntary statement. The employee would waive any rights, including any entitlements by job classification under FSS 112 or those extended by the Sheriff. The employee has the right to _____________________ while in progress. Invitations may only be approved for issuance to an employee by the Director of Internal Affairs or designee.

Answer 36

decline the invitation, or stop the interview at any time

Question 37

An employee, through the employee’s attorney or representative, may make a _______ to Internal Affairs to provide information or evidence that is part of an on-going investigation. A _____ may also be used in conjunction with a criminal investigation (i.e., employee involved shooting), especially when time is of the essence and a supplement does not contain enough information.

Answer 37

proffer

Question 38

In the event an employee is not asked to provide a statement, the ___________ will determine if a case may be closed without a statement. This does not preclude the employee from providing information or evidence during a prediscipline conference

Answer 38

Director of Internal Affairs or designee

Question 39

Incidents involving an employee that occur outside Broward County may be ___________. The BSO Director of Internal Affairs or designee will assist those agencies as appropriate.

Answer 39

investigated by other agencies

Question 40

All statements, regardless of form, provided during the course of a complaint investigation shall be __________ pursuant to Florida statutes. Any employee knowingly providing false statements during a complaint investigation may be subject to criminal prosecution and administrative action.

Answer 40

made under oath

Question 41

Disciplinary action, suspension, demotion, or dismissal may not be undertaken against a deputy for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within 180 days after the date the agency receives notice of the allegation by a person authorized by the agency to initiate an investigation of the misconduct. If disciplinary action is appropriate, written notice will be provided to the deputy of the intent to proceed with disciplinary action, along with a proposal of the specific action sought including length of suspension, if applicable. Notice to the deputy must be provided within 180 days after the date the agency received notice of the alleged misconduct, except as follows:

Answer 41

180 Day Rule

Question 42

An investigation against a deputy may be reopened, notwithstanding the limitations period for commencing disciplinary action, demotion, or dismissal, if:

Answer 42

a. Significant new evidence has been discovered that is likely to affect the outcome of the investigation. b. The evidence could not have reasonably been discovered in the normal course of investigation or the evidence resulted from the predisciplinary response of the deputy. c. Any disciplinary action resulting from an investigation that is reopened pursuant to this paragraph must be completed within 90 days after the date the investigation is reopened.

Question 43

The “180 Day Rule” is statutory and only applicable to deputies and no other BSO job classifications. ___________ has the sole discretion to extend this right and others within the chapter to other BSO classifications (i.e., through a collective bargaining agreement for covered employees only).

Answer 43

The Sheriff

Question 44

Investigative Protocol for Internal Affairs: Once assigned to an investigator, Internal Affairs investigations should be completed within_______. Investigations will be completed pursuant to relevant collective bargaining agreements, Florida Statutes, case law, and the Internal Affairs SOP, depending on the subject employee’s job classification.

Answer 44

90 days

Question 45

Employee investigations remain open and confidential until________. No participant including complainants, subject employees, investigators, and witnesses will disclose any information about the investigation until it is closed and is public record.

Answer 45

final discipline is rendered

Question 46

A complaint filed against a law enforcement or detention deputy and all information obtained pursuant to the investigation of the complaint is confidential and exempt from the provisions of the Florida Statutes until the deputy who is the subject of the complaint is given ___________________, that the investigation ceases to be active or the investigation is concluded and final discipline is rendered, if applicable.

Answer 46

written notice, either personally or by mail

Question 47

DAR

Answer 47

Disciplinary Action Recommendation

Question 48

If the discipline is a five (5) day suspension or less, employees may contest the discipline within ____ calendar days (or in accordance with applicable collective bargaining agreements) by filing a written appeal with the Administrative Appeal Board, Department of Professional Standards, with a copy sent to the command imposing the discipline. The written appeal must specify the investigation's factual inconsistencies or discipline's inappropriateness relied upon by the employee.

Answer 48

ten (10)

Question 48

If the discipline is a five (5) day suspension or less, employees may contest the discipline within ____ calendar days (or in accordance with applicable collective bargaining agreements) by filing a written appeal with the Administrative Appeal Board, Department of Professional Standards, with a copy sent to the command imposing the discipline. The written appeal must specify the investigation's factual inconsistencies or discipline's inappropriateness relied upon by the employee.

Answer 48

ten (10)

Question 49

If the discipline is a ___day suspension or greater, including demotions and terminations, command will send the completed investigative package to Internal Affairs and written request for presentation of the matter to the Professional Standards Committee through their Department Executive Director via chain of command. The remainder of the case will be processed by Internal Affairs in accordance with Internal Affairs standard operating procedures.

Answer 49

six (6)

Question 50

PSC

Answer 50

Professional Standards Committee

Question 51

Upon review of the investigation, PSC renders one of the following recommendations by majority vote:

Answer 51

1. Sustained: Evidence sufficient to prove allegations. 2. Not Sustained: Insufficient evidence available to prove or disprove allegations. 3. Exonerated: Alleged actions occurred, but were lawful and proper. 4. Unfounded: Allegations are false or not supported by facts. 5. Defer Case for More Information: Used if PSC determines there is insufficient factual evidence to render a decision.

Question 52

Record of Proceedings:

Answer 52

1. PSC hearings need not be recorded. 2. PSC is not open to the public unless required by law.

Question 53

Termination of non-probationary employees for misconduct will be conducted in the _____.

Answer 53

Internal Affairs office

Question 54

Terminated employees will receive

Answer 54

the terminated employee of: (1) The reason for termination [FCAC 4.11] (2) The effective date of termination [FCAC 4.11] (3) The right to submit a statement to Human Resources to contest the reason for termination (for inclusion in their personnel file)

Question 55

____ retains the exclusive right to determine and administer discipline to managerial, exempt, and confidential employees up to and including termination and to impose all other terms and conditions of employment.

Answer 55

The Sheriff or designee

Question 56

Administrative Appeal Board (AAB): Bargaining Unit Members receiving disciplinary suspension of _____ shall be entitled to review by the Administrative Appeal Board, unless the right is waived.

Answer 56

five days or less

Question 57

Disciplinary suspension of six days or greater or disciplinary recommendation of demotion or termination shall be entitled to appeal by ________ pursuant to BSO policy and collective bargaining union agreements

Answer 57

Arbitration

Question 58

There are four options that may be given to employees at the discretion of the Director of Internal Affairs or designee:

Answer 58

1. Provide a voluntary statement, offered by written invitation to bring just and prompt closure to an investigation; 2. Provide a compelled statement, only to be used upon consultation of the command and Internal Affairs; 3. Provide a proffer to offer information or evidence relevant to an investigation; and, 4. No statement taken from the employee prior to closing the case. This does not preclude an employee from waiving rights and providing a voluntary statement. Additionally, this does not preclude the employee from providing information or evidence during a prediscipline conference

Question 59

Internal Affairs will assist employees who believe they are falsely accused or threatened by a supervisor or other employee. These employees are authorized to report their concerns directly to _____ without reporting via chain of command.

Answer 59

Internal Affairs and/or BSO’s Equal Employment Opportunity (EEO)

Question 60

Not all misconduct requires discipline. In some cases, nondisciplinary action may be more appropriate (formal or informal counseling, remedial training, etc.). The purpose of nondisciplinary action is to:

Answer 60

1. Inform the employee of a potential problem that may result in discipline if the conduct is repeated. 2. Correct misconduct before it becomes significant. 3. Advise the employee of expected conduct

Question 61

Discipline should be_______ not _________; however, some misconduct is not correctable through discipline. Certain acts may immediately render an employee unsuitable for continued employment. In these cases, other options including termination, must be considered

Answer 61

Corrective, Punitive

Question 62

Repeated violations of rules and regulations or other employee misconduct which denotes little or no regard for BSO's obligations will be cause for ________

Answer 62

termination

Question 63

Authority to terminate an employee will be vested with the _______

Answer 63

Sheriff or designee

Question 64

Authority to terminate an employee will be vested with the Sheriff or designee regardless of: 1. Severity of the offense 2. Reckoning period - The time period in which prior, same, similar, or a combination of misconduct may be used for the purposes of recommending proper discipline 3. _______________________________

Answer 64

Misconduct that is the same or of similar nature

Question 65

Recommended discipline may be modified by the__________ including a lesser or more severe discipline if extenuating circumstances are found. The _____________ reserves the right to alter, amend, or eliminate the disciplinary process, unless governed by a specific CBA

Answer 65

Sheriff or designee

Question 66

Before determining discipline, the following should be completed:

Answer 66

1. Investigation and consideration of all relevant information 2. Verification of information 3. Consultation with applicable command staff 4. Facts analyzed thoroughly and objectively considering the employee's intent; past discipline and performance; truthfulness; infraction severity; acceptance of responsibility; and other relevant factors 5. A written summary

Question 67

If an investigation indicates that an employee will be ___________, the employee will be suspended with or without pay or placed in a restricted administrative assignment, pending the investigation's conclusion and accompanying disciplinary recommendation of the employee's district/division commander.

Answer 67

terminated

Question 68

In general terms, a Category I infraction will have a one (1) year reckoning period and a Category II infraction, five (5) years. Those misconduct acts that may be between a Category I and a Category II violation will have a ___________ reckoning period.

Answer 68

three (3) year

Question 69

Discipline should follow a ________ step method and used if supervisors can reasonably anticipate discipline will be effective.

Answer 69

progressive

Question 70

Formal progressive disciplinary steps are:

Answer 70

1. Counseling (predisciplinary) Note: Counseling is not considered discipline. 2. Written reprimand 3. Suspension 4. Salary-step reduction 5. Demotion 6. Termination

Question 71

Some formal progressive step methods may be by-passed due to:

Answer 71

1. Seriousness of the misconduct 2. Frequency or length of time between occurrences 3. The employee's attitude, especially regarding the misconduct

Question 72

A critical step in this process is the meeting between the appropriate supervisor and employee. The meeting's goal is to correct misconduct and prevent similar misconduct by: 1. Classifying misconduct into its proper category 2. Handling Category I policy infractions at the division level 3. ___________________________ 4. Giving full consideration to mitigating and aggravating circumstances. If mitigating or aggravating factors are present, the disciplinary measure may be adjusted appropriately.

Answer 72

Maintaining a commitment to the philosophy of progressive discipline

Question 73

All disciplinary/corrective action taken will be documented in a memorandum. Entries should include: 1. Date and time of the event 2. Brief synopsis 3. Name of the supervisor entering the information 4.__________________

Answer 73

Action taken

Question 74

Any performance-related documentation maintained for consideration by supervisors will be maintained for no more than ________from date of issuance.

Answer 74

one (1) year

Question 75

With the exception of the__________, any reviewing entity changing a supervisor's recommendation must provide written justification for the change

Answer 75

Sheriff or designee

Question 76

Internal Affair's primary function is _____, _______, ________, and _____________

Answer 76

receiving, processing, supervising, and managing investigations of employees.

Question 77

_____________ coordinates and exercises staff supervision and review on behalf of the Sheriff over disciplinary matters involving employees alleged or suspected of committing violations of statutes, ordinances, directives, or rules.

Answer 77

Internal Affairs

Question 78

Internal Affairs will complete the following annual reports/administrative reviews and submit them to the ______________: 1. Statistical summaries of internal affairs investigations (This report will be available to the public and agency employees upon approval.) 2. Practices regarding bias-based profiling, to include reported citizen complaints and concerns (This report will be available to the public and agency employees upon approval.) 3. Early Intervention Program

Answer 78

Department of Professional Standards Executive Director

Question 79

Internal Affairs investigates allegations of employee misconduct including, but not limited to:

Answer 79

1. Policy and procedures violations 2. Commission of a crime 3. Immoral conduct 4. Acceptance of bribes or other illegal compensation 5. Prisoner escapes 6. Malfeasance 7. Nonfeasance on duty 8. Excessive use of force 9. Unauthorized release of confidential information 10. Official misconduct 11. Firearms discharges 12. In-custody deaths 13. Domestic violence

Question 80

Upon direction from the Executive Director, Department of Professional Standards or designee, Internal Affairs will assist in employee investigations requested by command staff. In all areas of question on employee misconduct investigations, the Executive Director, Department of Professional Standards or designee will have__________in deciding the case assignment.

Answer 80

final authority

Question 81

___________________ will evaluate all EEO complaints and if misconduct is suspected, the Internal Affairs Division will be notified

Answer 81

Equal Employment Opportunity Division (EEO)

Question 82

Upon notification, Internal Affairs investigators will respond to incidents where the following occur:

Answer 82

1. An employee is seriously assaulted, critically injured, shot, or dies while on duty 2. An employee has seriously injured or shot a person 3. A person is seriously injured or shot while in a deputy's custody 4. A firearm is discharged by an employee resulting in injury or damage to property 5. A person dies in an employee's custody 6. An employee is arrested

Question 83

Immediate responses will be limited to Broward, Miami-Dade, and Palm Beach Counties unless approved by the ___________.

Answer 83

Internal Affairs Director

Question 84

At the direction of Internal Affairs, district/division command staff may be responsible for investigating the following misconduct violations:

Answer 84

1. Policy and procedures violations 2. Noncriminal conduct 3. Discourtesy 4. Employee harassment 5. Category I Infractions

Question 85

Employees becoming a primary suspect or co-conspirator of a ________, ___________, _______________ may be immediately placed on restricted administrative assignment by their command or the Internal Affairs investigator with the approval of the Internal Affairs Director.

Answer 85

felony, misdemeanor, or serious violation of policy and procedures

Question 86

Employees' Schedule if Suspended With Pay: Employees will be considered working Monday - Friday, from _____________ and must call Internal Affairs twice (am and pm) each working day to inquire if there are any specific instructions from the investigator that day. Call-in times will be: 1. Between 10:00am and ______ 2. Between 2:00pm and ______

Answer 86

9:00am to 5:00pm 10:30am 2:30pm

Question 87

Employees suspended with pay failing to call during designated times will be deemed _____________ and may not be paid for part or all of the day.

Answer 87

absent without leave (AWOL)

Question 88

Employees suspended with pay may be required to physically report in during their work days (e.g., report to Internal Affairs) unless on approved leave. These employees must physically report in within a maximum of ____ from notification.

Answer 88

two (2) hours

Question 89

No employee shall be compelled to submit to a ______________________. However, there shall be no restrictions on the right of an employee to submit to such device on a voluntary basis.

Answer 89

polygraph or other truth measuring device.

Question 90

Counseling can be voluntary, command recommended, or command directed and will be coordinated with the _____________

Answer 90

Employee Assistance Program (EAP).

Question 91

All Internal Affairs investigations will conclude with one of the following findings 1. Sustained: Evidence sufficient to prove allegations. 2. Not Sustained: Insufficient evidence available to prove or disprove allegations. 3. ________________ 4. Unfounded: Allegations are false or not supported by facts. 5. Defer Case for More Information: Used if PSC determines there is insufficient evidence to render a decision.

Answer 91

Exonerated: Alleged actions occurred but were lawful and proper.

Question 92

Compliance Review Hearing: Unless otherwise remedied by the agency before the hearing, a compliance review hearing must be conducted within working days after the request for a compliance review hearing is filed, unless, by mutual agreement of the deputy and agency or for extraordinary reasons, an alternate date is chosen.

Answer 92

ten (10)

Question 93

The compliance review panel shall be made up of three members:

Answer 93

a. One member selected by the agency b. One member selected by the deputy filing the request c. One member selected by the other two members d. The review panel members shall be law enforcement or detention deputies who are active from the same discipline as the deputy requesting the hearing. Panel members may be selected from any state, county or municipal agency within the county in which the deputy works.

Question 94

If the investigator fails to cure the violation or the violation continues after being notified, the deputy or his or her representative shall request the _________ be informed of the alleged violation. Once this request is made, all investigative action should cease until alleged violation is resolved. The deputy’s refusal to respond to further investigative questions does not constitute insubordination or any similar type of policy violation

Answer 94

Sheriff or designee

Question 95

Within________, the deputy or the deputy’s representative will submit a written notice of violation and a request for a compliance review hearing to the Sheriff or designee. The notice must contain sufficient information to identify the requirements of the parts of the investigation which have allegedly been violated and the factual basis of each violation

Answer 95

three working days

Question 96

T or F? Counseling will not be considered discipline.

Answer 96

T

Question 97

Counseling Reports will be used for documenting counseling only. It is a non-disciplinary process used to denote:

Answer 97

a. Performance deficiencies b. Corrective processes c. Additional training or educational needs

Question 97

Counseling Reports will be used for documenting counseling only. It is a non-disciplinary process used to denote:

Answer 97

a. Performance deficiencies b. Corrective processes c. Additional training or educational needs