CHAPTER 15- Grievances/Work Place Violence

Question 1

Grievances:
Upon receipt of an employee’s written grievance, a ____ (or equivalent) or higher-ranking supervisor from the entity receiving the employee’s written grievance shall immediately contact and send a copy of the grievance to the Departmental Discipline Coordinator (DDC), who is designated as the individual responsible for coordinating and processing all written grievances. The DDC will log the grievance in the Discipline, Appeals and Grievances System (DAGS) and provide the entity with a grievance control number.

Answer 1

lieutenant

Question 2

Grievances:
At Steps __, __, and __, the DDC shall provide a suggested response to the grievance or review the entity’s prepared response prior to submission to the grievant.

Answer 2

2,3 & 4

Question 3

Grievances Procedure:
Step 1: An aggrieved employee shall discuss the grievance with his or her immediate supervisor within ___ calendar days of the incident or within ___calendar days after the employee could reasonably be expected to have knowledge of the incident that gave rise to the grievance. The immediate supervisor shall respond verbally to the employee within ___ calendar days following the discussion.

Answer 3

7 & 7

Question 4

Grievances Procedure:
Step 2: If the grievance has not been satisfactorily resolved at Step 1, the employee shall reduce the grievance to writing using the Miami-Dade County Employee Standard Grievance Form. The completed form shall be presented to the intermediate-level supervisor within __ calendar days from the time the immediate supervisor’s response was due. The intermediate-level supervisor accepting the grievance form will sign the form and record the date received; analyze the facts, allegations, and requested remedy; and formulate a written response. After consultation with the DDC, the intermediate-level supervisor will respond in writing to the employee within __ calendar days from the date the grievance was received.

Answer 4

7 & 7

*For purposes of this grievance process, intermediate-level supervisors are defined as: Section Supervisors
Majors/Commanders, and Chiefs (if appropriate). Personnel assigned to offices that do not report to an intermediate-level supervisor shall proceed to the next appropriate step.

Question 5

Grievances Procedure:
Step 3: If the grievance has not been satisfactorily resolved at Step 2, the employee may appeal to the Division Chief (or to the Assistant Director, if appliable). The grievance including a copy of all preceding responses will be presented to the affected Division Chief (or to the Assistant Director, if applicable) within __ calendar days following the date the response was due in Step 2. The Departmental employee accepting the grievance form at Step 3 will sign the form and record the date received; analyze the facts, allegations, and requested remedy; and formulate a written response. After consultation with the DDC, the Division Chief (or the Assistant Director, if applicable) will respond in writing to the employee within __ calendar days of receipt from the date the grievance was received.

Answer 5

7 & 7

Question 6

Grievances Procedure:
Step 4: If the grievance has not been satisfactorily resolved at Step 3, the employee may appeal to the Director. The grievance including a copy of all preceding responses will be presented to the Director’s Office within __ calendar days following the date the response was due in Step 3. Director’s Office staff accepting the grievance form at Step 4 will sign the form and record the date received. The Director shall then meet with the employee and his/her representative (if applicable), and provide a written response within __ calendar days from the date the grievance was received.

Answer 6

7 & 7

Question 7

Grievance Procedure:
Appeal Hearing: If the grievance has not been satisfactorily resolved at Step 4, the employee may request an appeal hearing before a Grievance Appeal Panel. The request shall be made in writing to the Director of the Miami-Dade Human Resources Department within __ calendar days of receipt of the response in Step 4. Upon receipt of the employee’s appeal, the Human Resources Director will determine whether the grievance complies with the provisions of Administrative Order 7-18 and, if so, will schedule an appeal hearing to be conducted as promptly as possible. The employee shall be provided at least __ calendar days notice of the hearing.

Answer 7

7 & 5

** Per CBA, this step is considered arbitration, and the arbitrator has 30 days to render a decision.

Question 8

Grievance Procedure:

If an appeal hearing is granted, the ____ will assign the appropriate major/commander to serve as the departmental representative.

After the conclusion of the hearing, the Grievance Appeal Panel will render a decision, in writing, as promptly as possible. The decision will be final and binding, and not subject to further review.

Answer 8

DDC

Question 9

Grievance Procedure:
Extensions: Either party shall be permitted one (1) extension of time at Steps2, 3, or 4, as a matter of right, not to exceed __ calendar days. The other party must, however, be notified of the extension in writing prior to the expiration of the time limit for the step.

Answer 9

7

Question 10

Grievance Procedure:
Time Limits: If the grievance is not processed by the employee within the specific time limits provided in the selected grievance procedure, the grievance shall be considered dropped with ___. However, if the Department fails to process a grievance within the time limit provided for in a step, the grievance shall automatically proceed to the next step. The employee should attempt to ascertain the reason for delay prior to proceeding to the next step.

Answer 10

prejudice

Question 11

County Grievance Procedure for Complaints Based on a Disability:
Filing a Complaint: Any individual who feels discriminated against on the basis of a disability, by any program or service provided by Miami-Dade County pursuant to regulations issued by the Americans with Disabilities Act of 1990, shall submit a complaint in writing to the Office of Americans with Disabilities Act (ADA) Coordination within __ days of the occurrence.

Answer 11

30

Question 12

County Grievance Procedure for Complaints Based on a Disability:
Complaint Resolution: Within __ days of receipt of the complaint, the Office of ADA Coordination shall: Inform the Department of the complaint, transmit a copy of the complaint with general
instructions as to the format which the Department should follow in its response, and establish a date by which the Department shall respond. The Office of ADA Coordination should review the response with the Department before final preparation. (2) The Department shall have __ days from receipt of complaint from the Office of ADA Coordination to respond.

Answer 12

5 & 30

**The Department shall not mail its response directly to the grievant.
All attempts should be made by the Department to meet with the complainant to clarify the facts of the grievance.

Question 13

County Grievance Procedure for Complaints Based on a Disability:
In the event that a complainant submits a written complaint to the Department, the Department, via the PMB Major, shall send a copy of the complaint and description of the action taken to the Office of ADA Coordination within __ days. The procedure will constitute a filing by the complainant with the Office of ADA Coordination. The Department shall have __ days from receipt of the written complaint to respond.

Answer 13

five & 30

Question 14

County Grievance Procedure for Complaints Based on a Disability:
Filing an Appeal: Any individual who is dissatisfied with the recommended resolution of his or her complaint may request an appeal. In requesting an appeal, the individual shall submit a
written request for appeal, and note willingness to appear before an impartial panel to present the grievance. The request shall be submitted to the Office of ADA Coordination within __ business days from the date of the written recommended resolution offered by the County.

Answer 14

15

Question 15

County Grievance Procedure for Complaints Based on a Disability:
Upon receipt of a written request for an appeal, the Office of ADA Coordination shall: Notify the County Mayor and request the appointment of a panel of three senior members of unaffected County departments within __ days to hear the complaint. (2) Set a time and place for the hearing within __ days after the panel is appointed, if possible

Answer 15

30 & 20

Question 16

County Grievance Procedure for Complaints Based on a Disability:
Panel Decision: Within __ days from the date of the hearing, the panel shall issue its decision.

Answer 16

14

Question 17

Grievance- Annual Analysis:
The ___ will prepare the annual analysis of grievances outlining any trends, with recommendations for the Director’s review. The affected chain-of-command will implement the necessary steps to minimize the cause of such grievances in the future.

Answer 17

-DDC (Departmental Discipline Coordinator)

Question 18

___ is unwelcome verbal or physical conduct that demeans, stereotypes, or shows hostility or aversion toward a person or group because of the individual’s protected class, including a
person’s race, color, religion, ancestry, sex, pregnancy, national origin, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, veteran’s status, actual or perceived status as a victim of domestic violence, dating violence or stalking, exercise of a constitutional or statutorily protected activity or any other protected category under applicable federal, state or local law.

Answer 18

Unlawful Harassment

Question 19

___ is a form of Unlawful Harassment that includes making unwelcome sexual advances, requests for sexual favors, or engaging in other verbal or physical acts of a sexual or sex-based nature where such conduct interferes with the employee’s work performance or creates an intimidating, hostile or offensive working environment.

Answer 19

Sexual Harassment

Question 20

____ includes any adverse action taken against any individual (applicant or employee) because they complained about or opposed unlawful discrimination, harassment, or retaliation, or participated in an employment discrimination proceeding (such as an internal investigation or lawsuit), including as a
witness. ___ also includes adverse action taken against someone who is associated with the individual who engaged in the protected activity, such as a spouse, relative, or friend.

Answer 20

Retaliation

Question 21

___ is inappropriate behavior that is outside the scope of antidiscrimination laws and that falls short of a violation of this policy. The conduct, though unwelcome and offensive, is unrelated to any protected class and can be isolated (or infrequent) and includes, but is not limited to: occasional unwelcome compliments, questionable jokes, limited bullying, nonviolent threats, the use of profanity, and insults unrelated to any protected class

Answer 21

Awful Harassment

Question 22

Harassment Complaint Procedure:
Complaints initiated or received by HRFEP-Human Rights & Fair Employment Practices Division or MDPD’s Human Resources Manager against an MDPD employee must be forwarded to the PCB for review or investigation within __ business days. If the complaint is against a PCB employee, the PCB Major shall consult with the Police Legal Bureau to discuss and/or develop a procedure to insulate the investigation from the subject of the complaint.

Answer 22

5

Question 23

Harassment Complaint Procedure/ COMPLAINTS AGAINST MDPD EMPLOYEES:

Any employee who believes they have been a victim of unlawful discrimination, harassment, or retaliation prohibited by this policy shall immediately file a written complaint with the ___, the HRFEP or MDPD’s Human Resources _____.

Answer 23

PCB & Manager

Question 24

Managers and supervisors are required to report any knowledge or awareness of Unlawful Harassment, Sexual Harassment or Retaliation to the PCB, MDPD’s Human Resources Manager, or HRFEP (ofep@miamidade.gov) within __ hours of learning of such harassment or retaliation.

Answer 24

24
*A manager or supervisor who witnesses or otherwise has direct or indirect knowledge regarding such information and fails to report it commits a violation of this policy. Such violation may be subject to disciplinary action, particularly if it is determined that the manager or supervisor has engaged in a pattern of overlooking or failing to report harassment or retaliation.

Question 25

When the concerned supervisor becomes aware of employee actions that may result in suspension, termination, or resignation of the employee, the supervisor shall immediately notify the ___.

Answer 25

Departmental Discipline Coordinator (DDC).

Question 26

NON-EMPLOYEES:
Third parties who are not employed by MDPD may avail themselves of the protections of this policy to the same extent as employees and supervisors. These third parties may include customers, visitors, lobbyists, contractors, vendors, board members, volunteers, security personnel, custodial staff, and
others who work in and around MDPD/County workplaces. Employees and applicants must initiate the complaint process within ___ calendar days of the alleged discriminatory action.

Answer 26

365

Question 27

A complainant may have the right to appeal HRFEP’s determination and a hearing on such appeal will be granted before a hearing examiner. All appeal requests must be received within __ days from receipt of the determination. If the appeal request is not received within __ days from receipt, the determination will become final and the case will be closed.

Answer 27

15

Question 28

Workplace Violence:
In situations warranting substantive action, detachment or reassignment may be necessary to improve the working environment pending the investigation. Any requests for detachment or reassignment must first be reviewed by the ___ and approved by the concerned chief, assistant director, or the Director’s Office for entities reporting directly to that office, via the chain-of-command. If the complainant submits an unsolicited request for transfer, it will be considered.

Answer 28

PLB

Question 29

Complaint, Counseling & Discipline:
Confidentiality: All documentation relating to complaints will be transmitted in a sealed envelope clearly marked TO BE
OPENED BY ADDRESSEE ONLY. The marking will be placed in a conspicuous location on the face of the envelope and on the envelope flap. Excluding the Director and the Professional Compliance Bureau (PCB) Major, addressees receiving a properly marked envelope that is unsealed will notify the sender and PCB in writing within __ hours.

Answer 29

48

Question 30

Complaint, Counseling & Discipline:
___ is defined as an action initiated and administered by supervisors when positive corrective measures designed to train or effect a change in behavior are unsuccessful in attaining satisfactory employee performance. ___ may also be action initiated and administered by supervisors when an employee commits a pronounced deviation regarding a rule, order, directive, or procedure.

Answer 30

“Discipline”

Question 31

Complaint, Counseling & Discipline:
A Preliminary Complaint Report will be completed by the immediate supervisor of each employee named or identified as a principal in a Personnel Complaint (PC) or Internal Affairs (IA) investigation. As many as ___ employees from the same district/bureau may be described, but not identified by name, on the same sheet.

The ____ sheet is a management tool utilized in examining the complaint process and in formulating policy relative to identified problem areas. All data items will be completed by referring to the employee’s personnel file or other sources, as appropriate.

Answer 31

1. three
2. data

*The Preliminary Complaint
Report shall be reviewed and signed by the corresponding District/Bureau Majors/Commanders prior to submittal to the PCB.

Question 32

Complaint, Counseling & Discipline:
____ supervisor may temporarily relieve a departmental employee from duty to prevent embarrassment, liability, or discredit to the Department. The relieving supervisor shall discuss such action with the PCB Major in advance, unless emergency circumstances exist that necessitate immediate action. In this case, notification shall be made the following business day. Unless otherwise stated, relief from duty is with pay.

Answer 32

Any

Question 33

Complaint, Counseling & Discipline:
In the event an employee is relieved from duty while under investigation by the PCB, or is relieved by any supervisor pending disciplinary or other administrative action, the relieving supervisor will immediately contact the __ and advise the assigned investigator or duty sergeant of any action
taken.

Answer 33

PCB

Question 34

Complaint, Counseling & Discipline:
A Relief From Duty memorandum will be forwarded to the Director through the relieving supervisor’s chain of command within __ hours following such event, with copies to the employee’s organizational unit of assignment, the PCB, the PMB and the DDC.

Answer 34

12
*Sworn employees relieved from duty, regardless of reason or duration, will relinquish their departmentally-issued firearm, identification card, and badge, including any additional MDPD badges purchased or possessed by the employee. These items will be stored in a command-level office of the relieving supervisor or in the Property and Evidence Section.

Question 35

Complaint, Counseling & Discipline:
An employee relieved from duty and not permitted to work shall remain at their residence during normal departmental office hours and shall check in with their unit of assignment ___. A supervisor shall also contact the relieved employee once during the shift by a random, unannounced visit or telephone call.

Answer 35

Twice Daily

Question 36

Complaint, Counseling & Discipline:
The immediate supervisor of the relieved officer will contact the assigned PCB investigator or duty sergeant within __ hours of any changes in the officer’s status (e.g., reinstatement, automatic
suspension, or termination).

Answer 36

24

Question 37

The DDC is available for consultation with command-level personnel to discuss the appropriate discipline to be imposed for a specific incident where the disposition has already been determined. When requested by a ___ or higher-ranking supervisor (or section supervisor, when a __ is not assigned to the concerned element in the chain of command), the DDC will determine the status of pending disciplinary actions.

Answer 37

lieutenant

Question 38

DEPARTMENTAL APPEAL HEARING MONITORS:
Upon notification by the County Attorney’s Office of a discipline appeal for any suspension, demotion, or dismissal, the DDC will notify the concerned employee’s major/commander via ___. The concerned major/commander will assign a __ as the Departmental Appeal Hearing Monitor.

Answer 38

e-mail & lieutenant

Question 39

DEPARTMENTAL APPEAL HEARING MONITORS:
Monitors will: a. Obtain the disciplinary appeal file or establish one, if none exists. At a minimum, the file should include: the Disciplinary Action Report (DAR); employee notification letter; copies of the applicable Departmental Manual provisions cited in the DAR that were in effect at the time the discipline was issued; a witness list; and general notes that will assist the County Attorney’s Office in preparing and presenting the case. Various notes to file need not be typed if they are legible and understandable when reviewed by others.

Answer 39

info

Question 40

DEPARTMENTAL APPEAL HEARING MONITORS:
Monitors will: Prepare an after-action report that will detail any discrepancies between actual testimony and prior statements that are on departmental record. The report should include attitude and demeanor of departmental witnesses and should indicate if a pre-hearing briefing was conducted. The report, accompanied by the Disciplinary Appeal File, should be in the DDC’s office within __ days of the close of the hearing.

Answer 40

10

Question 41

The PCB will provide the Director with a ___ statistical analysis report based on IA investigations. The PCB will also provide the Director with ___ statistical summary report of its investigative activities. A copy of the ___ report will be provided to the assistant directors and division chiefs, and made available for dissemination to departmental employees and the public

Answer 41

Monthly & annual

Question 42

The Board of County Commissioners created the __ to detect and investigate allegations of fraud, waste, mismanagement, and abuse of power in County projects, programs, or contracts.

Answer 42

OIG- Office of the Inspector General

Question 43

PCB Complaint Classifications:
____ Complaint - Allegations of violations of law or major violations of departmental policies, rules, or procedures, including, but not limited to: a. Commission of a crime b. Immorality c. Violation of narcotic drug laws d. Acceptance of a bribe, gratuity, or other illegal compensation
e. Malfeasance in office f. Criminal assault
theft h. Release of confidential information without authority
i. Official misconduct j. Intoxication
k. Unauthorized use of physical force
l. Sexual harassment m. Unnecessary or unlawful injury to a prisoner n. Employee substance abuse o. Other acts of a serious nature.

Answer 43

IA

Question 44

PCB Complaint Classifications:
___ Allegations of discourtesy or other lesser violations of MDC or departmental policies, rules, or procedures.

Answer 44

PC

Question 45

PCB Complaint Classifications:
_____: Refers to investigations meeting one of the below criteria:
a. Contact firearm discharge.
b. Non-contact firearm discharge.
c. Firearm discharge involving animals

Answer 45

SI

Question 46

PCB Complaint Classifications:
_____: Refers to IA investigations in which no subject employee has been identified and the case remains open pending further leads.

Answer 46

GI

Question 47

Acceptance of Complaints:
Upon initial contact with a complainant, the district major or commanding officer of like authority (or their designated subordinate supervisors) may determine that the complaint meets the criteria for a ___. In these instances, the case may be resolved at the district level and, at the discretion of the concerned commander, no other action may be required (i.e., no complaint case number need be obtained).

Answer 47

PC Complaint

Question 48

Anonymous Complaints: True or False?
The fact that a complainant refuses to identify him/herself, or that the complaint is received from an anonymous source, will not preclude the recording and forwarding of the complaint to the PCB for review, classification, and assignment.

Answer 48

True

Question 49

CONTRACT WRECKER COMPLAINTS:
General Types of Complaints:
The following complaints alleging misconduct or violations by wrecker companies under contract to the
MDPD will be investigated by the ___:
1. Damage to vehicle 2. Overcharging
3. Failure to respond to call
4. Refusal to release vehicle
5. Other complaints directed specifically against the wrecker companies under contract to the MDPD

Answer 49

Property and Evidence Section, Vehicle Research Unit (VRU)

Question 50

If the Director becomes aware of a situation where an employee has engaged in serious misconduct, and there is sufficient evidence readily available to prove that the employee engaged in such misconduct (e.g., Body-Worn Camera video), the Director may elect to terminate the employee through a DAR without conducting a full PCB investigation that proceeds to a Disposition Panel. The DAR shall contain facts and evidence sufficient to establish that the employee committed the alleged act(s) and shall serve as the “Sustained” findings. Can this be done without a proper and formal investigation?

Answer 50

Unfortunately, YES- Per SOP.

*Chapter 15- part 4- Page 16.

Question 51

When determining disposition of allegations contained in either a PC, IA, or SI, the following classifications will be utilized:
1. ____ There is insufficient evidence to prove or disprove the allegation.

2. ____ The incident occurred, however, employee actions were justified, lawful, and proper.

Answer 51

1. Not Sustained
2. Exonerated

Question 52

When determining disposition of allegations contained in either a PC, IA, or SI, the following classifications will be utilized:

Unfounded: The complainant admits to making a false allegation, the accused employee was not involved in the incident, or the incident did not occur.

Sustained: The allegation is supported by sufficient evidence to indicate that the employee committed one or more of the alleged acts.

Policy Failure: The allegation is true, but the employee was acting in a manner consistent with departmental policy, necessitating a review and revision of the policy as written.

Question 53

The disposition of IA and SI cases will be conducted and prepared by disposition panel members only. IA and SI files will not be delegated to anyone below the rank of ____.

Answer 53

Major

Question 54

Upon completion of an IA or SI, the PCB Major will assign the case to a Disposition Panel on a rotational basis. Except when a panel member is in the accused employee’s chain of command, the normal rotation of panels will not be altered. The Disposition Panel shall have __ business days to review the PCB file
and prepare a Disposition Memorandum.

Answer 54

10

Question 55

If an allegation is sustained by the panel, the concerned major/commander will be responsible for administering or recommending appropriate corrective/disciplinary action. If the discipline to be imposed is a Written Reprimand or higher, the concerned major/commander shall present the Notice of Intent (NOI) to Discipline and Proposal of Action Sought memorandum to the employee as soon as possible and within the __day deadline set forth by FSS 112.532(6)(a).

Answer 55

180

Question 56

An investigation is considered to be active as long as it is proceeding with a reasonable expectation that a finding will be made in the foreseeable future. This period is usually considered to be __ days; however, due to the complexity of these investigations, the period may be extended if the investigation is proceeding in good faith. In all cases, confidentiality will be preserved until the investigation is closed.

Answer 56

45

Question 57

Counseling & Disciplinary Actions:
____ is An interaction between the concerned supervisor and employee regarding a matter that, if not addressed, could evolve into a disciplinary action. The supervisor shall indicate to the employee the required conduct or performance expected. Informal counseling is not to be recorded on the Personnel Record Summary located in personnel files. Supervisors are encouraged to retain supervisory notes on such informal actions

Answer 57

Informal counseling

Question 58

Counseling & Disciplinary Actions:
___ is A Record of Counseling is recorded guidance to correct a deficiency or to direct employee performance (e.g., type of conduct or performance required, deviations that necessitated the counseling session, what the supervisor expects of the employee, and a timetable established by the concerned supervisor). An ROC is the proper mechanism to caution or remind the employee that disciplinary action may be necessary if conduct does not improve.

Answer 58

Formal counseling

Question 59

Disciplinary Action Procedure:
The employee must be given the right to respond, orally or in writing, to the charges made. The Disciplinary Action Session is not to take the form of a formal interview or interrogation. Any response must become a part of the DAR and be taken into consideration prior to a final determination being made. When requested, the employee will be granted a reasonable period of time (excluding weekends and holidays), not exceeding __-hours, to submit a response. Upon request, the employee or PBA
representative will be granted an automatic __-hour extension to submit a written response to a DAR.

Answer 59

24 & 72

Question 60

Permanent status employees may appeal the reprimand by notifying the DDC, in writing, within __ calendar days of receipt of the reprimand.

Answer 60

14

Question 61

If the written appeal request is made within __ calendar days, the DDC will assign a chief (on a rotational basis) to serve as the discipline reviewer. The chief shall not have been a part of the
disposition panel associated with the discipline and shall not be in the subject employee’s chain-of-command.

Should a technical question arise during the course of the hearing, the reviewer should avoid attempting to make a decision at the hearing. In this case, the parties should be advised at the close of the hearing that a decision will be issued within ___ days.

Answer 61

14 & 30

Question 62

Suspension:
Authority to suspend is delegated to supervisors. Suspensions for more than __ consecutive days will require approval of the Director.

Answer 62

10

Question 63

Suspension:
Salaried employees cannot receive disciplinary suspensions of less than ___. If a suspension is administered, it is imperative to ensure that the employee does not report to work or perform any work during the relevant period.

Answer 63

one full week

Question 64

Suspension:
The disciplinary action package consisting of the DAR and attachments, a copy of the summary of the Disciplinary Action Session, and the Disciplinary Action Notification Letter will be delivered to the employee (original and one copy) in person or by certified mail, return receipt requested, at least __ hours prior to the effective date of action

Answer 64

24

Question 65

Suspension:
Supervisors will advise employees who are suspended for more than one __ to contact the PMB regarding payment for insurance and other items usually deducted from paychecks.

Answer 65

pay period

Question 66

Complaint Counseling & Discipline:
Name-clearing hearing:
When a non-permanent employee is demoted or discharged for a stigmatizing reason and that reason is publicized, a Name-Clearing Hearing memorandum will be prepared and presented to the employee. A name-clearing hearing will be arranged if the employee requests it. The Department shall advise the employee that the request for a hearing must be filed with the Employee MEDIATION COORDINATOR within __ calendar days of being notified of the right to a hearing. The failure of an employee to request this hearing within the __ day time limit shall be considered a waiver of rights by the employee.

Answer 66

14

Question 67

Complaint Counseling & Discipline:
Name-clearing hearing:
Upon receipt of an employee’s timely request for a name-clearing hearing, the Employee MEDIATION COORDINATOR shall schedule and conduct a hearing, normally within __ calendar days. Within 30 calendar days after the hearing, the Employee Mediation Coordinator is to issue a written report summarizing the evidence presented.

Answer 67

60 & 30

Question 68

Voluntary resignations: An employee subject to dismissal may be given an opportunity to voluntarily resign. Subsequent to final approval, an employee who elects to resign in lieu of dismissal must submit the resignation in writing. The employee is to be informed that the resignation will be held for __ hours.

Answer 68

24

Question 69

Grievances/Eligible Employees:
All permanent, probationary, and regular part-time employees are eligible to use this grievance procedure. “Regular part-time employees” are those who have worked more than 20 hours per week continuously for __ months or more.

Answer 69

6

Question 70

Grievances/Appeal Panel:
The Grievance Appeal Panel consists of the Human Resources Director and __ County department directors. The Human Resources Director shall appoint department directors to serve on the Panel from a rotating list, as needed. However, the MDPD Director shall not serve on any Panel for MDPD employee grievance appeals.

Answer 70

2

Question 71

The exercise of positive discipline requires _____ and _____, rather than merely reaction. It involves an evaluation of the human factor which, when combined with proper training, motivation, and recognition of individual and group effort, results in self-discipline

Answer 71

foresight & planning.

Question 72

True or False?
The PCB will cooperate with the OIG to provide assistance and support. Investigators from the PCB will not participate in any questioning or interrogation of departmental employees without approval from the PCB Major. Completed OIG investigations will be reviewed by the PCB Major to determine if a PCB investigation is also warranted.

Answer 72

TRUE

Question 73

The PCB Major will maintain a list of Disposition Panels comprised of departmental command-level officers, with the rank of __ or higher, selected at the direction of the Director or designee.

Answer 73

major

Question 74

The concerned employee’s division chief (or assistant director for elements not reporting to a division chief) is the lowest level with authority to approve the disposition of a ___ investigation.

Answer 74

PC

Question 75

All discipline resulting from PCB investigations will be forwarded to the Director and the case will be closed when the Director has approved the discipline. For PC investigations without discipline,
the case is closed when the highest approving authority has approved the memorandum.

Answer 75

INFO

*The PCB receives all sustained IA investigation files. Only sustained cases against sworn personnel that meet Revocation & Violation criteria will be sent to the CJSTC.

Question 76

Degree of disciplinary action:
Greater use of the written reprimand. The degree of discipline may be raised by increasingly stringent written reprimands rather than progressing directly from a prior written reprimand to a short-term (____day) suspension. When appropriately utilized in this manner, the written reprimand may achieve the desired result while increasing the efficiency of the overall disciplinary process.

Answer 76

5

Question 77

Disciplinary Actions Procedures:
If the concerned employee is a member of the American Federation of State, County, and Municipal Employees (AFSCME) Local 199, the employee shall be notified by ___ of the date, time, and location of the Disciplinary Action Session and the specific County Personnel Rule(s) and departmental rule(s) or procedure(s) at issue. A copy of the notification shall be sent to AFSCME by email (admin@afscmelocal199.com) or other expeditious means.

Answer 77

memorandum

Question 78

Automatic Suspension:
1. Authority: Section 2-42(22), Code of MDC, Florida, provides for the automatic suspension, without pay, of any employee immediately upon indictment by any grand jury or upon having an information filed against the employee by any prosecuting official for a _____ offense.

Answer 78

felonious

*If the arrest is made on the basis of a felony indictment or felony information
already filed, the employee may immediately be suspended without pay.

Question 79

No employee may be reinstated to County service from an automatic suspension under provisions of 2-42(22) of the County Code without prior written approval from the _______.

Answer 79

County Mayor.

Question 80

APPEAL OF SUSPENSION WITHOUT PAY, DEMOTION, OR DISMISSAL:
An employee who has completed the probationary period may appeal the action to a ______ within __ days by written request to the Director, MDC ISD. Copies of the appeal will be provided to the concerned supervisor and the DDC. A probationary employee shall not be entitled to appeal the action taken. Automatic suspension under the provisions of Section 2-42(22) of the Code of MDC, Florida, is not appealable under the same provisions.

Answer 80

hearing examiner & 14

Question 81

MDC grievance procedure:
Requests for arbitration shall be made in writing to the ________ .

Answer 81

Director of the Miami-Dade Human Resources Department

*CBA = Director of Labor Relations & Compensation.

Question 82

_______ includes adverse or disparate treatment of any employee with respect to the terms, conditions, or privileges of employment including, but not limited to, hiring, firing, promoting, disciplining, scheduling, training, or compensation based on any category protected by local, state or federal law.

Answer 82

Discrimination

Question 83

When the concerned supervisor becomes aware of employee actions that may result in suspension, termination, or resignation of the employee, the supervisor shall immediately notify the _____.

Answer 83

Departmental Discipline Coordinator (DDC)