Disciplinary Procedures Flashcards
When may the Public Integrity Unit forward information to an officer’s assigned bureau for notification purposes only?
When a member of the public alleges relatively minor misconduct but declines to file a complaint.
Are information only notifications logged in IAPro and require a BlueTeam entry?
No, unless further information develops or constitutes an internal inquiry or complaint filing.
What can trigger an internal inquiry concerning the performance of individual officers?
A request from the Chief of Police or during day-to-day operations.
Does the initiation of an internal inquiry necessitate a formal complaint?
No, it does not require the existence of a formal complaint.
What types of incidents may lead to an internal inquiry?
Officer-involved shootings, critical incidents, and anonymously submitted allegations of officer misconduct.
What happens when the Public Integrity Unit receives an internal inquiry from the Office of the Chief?
The internal inquiry will be entered into IAPro.
What is done with the PIU investigative summary after a conclusion of an internal inquiry?
It is forwarded to the Office of the Chief by the Public Integrity Unit commander.
What are the possible dispositions of an internal inquiry after final disposition from the Chief of Police is received?
Mark it as closed, convert it to a Formal Complaint, or forward it as an information only notification or Informal Complaint.
Who is responsible to receive and conduct internal administrative investigations involving formal complaints against officers?
The Public Integrity Unit.
What are officers prohibited from doing in relation to official documents?
Officers shall not permit the use of any official document by unauthorized persons.
What is one action prohibited regarding law enforcement sensitive information?
Officers are prohibited from using law enforcement sensitive information for financial or private interests.
What is required before lending or giving official credentials to others?
Approval of the Chief of Police is required before lending or giving official credentials.
What is the consequence if officers lend their uniform items to unauthorized persons?
Recommended disciplinary action is stipulated in the procedures.
In what circumstances can officers not use their official title or photograph?
They cannot use them in connection with testimonials or advertisements without approval.
What are the limitations regarding officers using their authority or official position?
Officers cannot use it for financial gain or to obtain favors, among others.
What action can officers not take without proper approval related to endorsements and referrals?
Officers cannot endorse, recommend, or facilitate commercial products without approval.
What actions are prohibited in relation to endorsements and referrals?
Officers cannot endorse technical or professional services without approval.
What disciplinary actions are specified for the first, second, and third offenses regarding endorsements and referrals?
1st offense - Written Reprimand, 2nd offense - 3 days suspension, 3rd offense - 1 week suspension.
What actions must supervisors undertake to avoid disciplinary action?
Supervisors must properly supervise employees and not make biased employment decisions.
What types of laws and regulations must officers abide by according to rule 1.01?
Officers must abide by all laws, ordinances, and regulations of the United States, Commonwealth of Kentucky, and LFUCG.
What may be cause for disciplinary action based on a conviction in court of a misdemeanor or violation according to the disciplinary rules?
A conviction in court of a misdemeanor or violation may be cause for disciplinary action.
What is the recommended disciplinary action for a 1st offense of a Class A misdemeanor as per rule 1.01?
Recommended disciplinary action: Class A misdemeanor - Open Recommendation
What is the recommended disciplinary action for a 1st offense of a Class B misdemeanor as per rule 1.01?
Recommended disciplinary action: Class B misdemeanor - Open Recommendation
What may be cause for termination based on a conviction in court of a felony according to the disciplinary rules?
A conviction in court of a felony may be cause for termination.
What is the recommended disciplinary action for a 1st offense of a felony as per rule 1.01?
Recommended disciplinary action: 1st offense - Termination
According to rule 1.02, how should officers conduct themselves at all times?
Officers should conduct themselves at all times to reflect favorably on the department.
What does misconduct of an officer include as per rule 1.02?
Misconduct includes actions that bring the department into disrepute or reflect discredit upon the officer.
What is the recommended disciplinary action for misconduct of an officer according to the rules?
Recommended disciplinary action: Open Recommendation
What are officers prohibited from soliciting or accepting as per rule 1.03?
Officers may not solicit or accept gifts, gratuities, bribes, or rewards.
What is the recommended disciplinary action for a 1st offense of seeking or accepting gifts, gratuities, bribes, or rewards according to the rules?
Recommended disciplinary action: 1st offense - Termination
Under what circumstances should officers wear and use body-worn cameras according to rule 1.04?
Officers issued body-worn cameras shall wear and use them as outlined in department policies.
What is the purpose of G.O. 1973-02L?
To establish disciplinary procedures for sworn officers of Lexington Police Department.
Define ‘Accountability’ as per the policy.
The duty of officers to truthfully acknowledge and explain their actions when requested.
What does ‘Affirmative Duty’ refer to?
The personal responsibility of an officer to report wrongdoing, not just when requested.
Explain ‘Bullying’ according to the policy.
Repeated inappropriate behavior or mistreatment with a power imbalance.
What is the definition of ‘Formal Complaint (Form #111)’?
A complaint alleging misconduct, sworn to by the complainant and duly notarized.
Describe ‘Informal Complaint’ in the context of the policy.
A complaint alleging misconduct without requiring a signed affidavit.
What does ‘Disciplinary Action’ entail?
Termination, demotion, pay decrease, suspension without pay, or a written reprimand.
What is the significance of ‘Internal Inquiry’?
An investigative review of department and/or officer performance initiated by the Chief.
When must the service of any suspension start according to the notes?
Within 30 calendar days of the Urban County Council’s approval.
How should suspension hours be served?
Consecutively.
When should all hours of a suspension of 40 hours or less be served?
Within the same calendar week.
What are the exceptions to the suspension service start date requirements?
Officers on leave status or other extenuating circumstances.
What happens if an officer is on suspension for any portion of a calendar workweek?
The total hours worked plus suspension hours should not exceed 40 hours.
What is prohibited for an officer on suspension regarding work assignments?
Working any LFUCG-related assignment for overtime or regular base compensation.
What restrictions apply to an officer on suspension?
Prohibited from exercising police authority, carrying concealed weapons, working off-duty police jobs, wearing uniforms, etc.
What is expected from an officer in terms of compliance with criminal subpoenas during suspension?
Full compliance with all served criminal subpoenas.
How are informal complaints forwarded for entry into IAPro?
Informal complaints are forwarded via BlueTeam and the chain of command to the Public Integrity Unit for entry into IAPro.
Who has the authority to determine if an informal complaint can be resolved or escalated?
The bureau assistant chief, or designee, has the authority to determine if an informal complaint can be resolved or escalated.
What happens if an informal complaint is escalated to a formal complaint?
The Public Integrity Unit will assume investigative responsibility, and all investigative records will be transferred to them.
How is a formal complaint internally initiated by a department employee?
A department employee signs a Formal Complaint (Form #111) to internally initiate a formal complaint.
How can a member of the public file a formal complaint against an officer?
A member of the public can file a formal complaint by completing Formal Complaint (Form #111) at the Public Integrity Unit or LFUCG Council Clerk.
In what circumstances can an officer have contact with a complainant or witness?
An officer can have contact in exigent circumstances within their duties or until the case is disposed.
Who is responsible for investigating all formal complaints within the department?
The Public Integrity Unit is responsible for investigating all formal complaints within the department.
How often is the initiator of a formal complaint updated on the status of the investigation?
The initiator is updated every thirty days on the status of the investigation.
Who can be investigated for alleged misconduct without a signed, sworn complaint?
An officer accused of criminal activity.
What type of complaint requires an affidavit signed and sworn to by the citizen?
Complaint alleging any violation not constituting criminal activity.
Under what circumstances can an employing agency bring charges against an officer without a sworn citizen statement?
If the agency can independently substantiate the allegations.
When must an employing agency conform to specific provisions regarding an officer’s conduct before disciplinary action?
When accused of a violation of law enforcement procedures within the agency.
What happens if an officer is suspended without pay but later found not guilty?
Entitled to full back pay and benefits for the regular hours they would have worked.
In what case is an employing agency not required to follow certain provisions in addressing an officer’s conduct?
Conduct that would constitute a violation of the general employment policies.
Who is responsible for investigating citizen complaints or allegations of misconduct?
The employing agency or another designated law enforcement agency.
What happens if there is not sufficient corroborating evidence for a formal complaint?
The investigation will be held in abeyance until civil litigation, including appeals, is concluded.
When will an investigation be held in abeyance if the allegations do not warrant termination according to the Chief of Police?
Until the civil litigation, including appeals, is finally concluded.
What action will be taken if a formal complaint is filed and the allegations would warrant termination as per the Chief of Police?
The investigation will continue until completed following the policy.
What can the department do to preserve evidence if there is a delay in the investigation?
Act to preserve any evidence in danger of being lost.
What must officers do if involved in civil actions arising from acts under color of authority?
Inform their supervisor about their involvement.
What should officers do when participating in administrative investigations regarding making statements?
Truthfully answer all questions related to job performance and fitness for duty.
What must an officer do upon the order of the Chief of Police regarding providing a statement?
Provide a complete and truthful statement to the Chief’s representative or designee.
If necessary, what examinations must an officer submit to in an administrative investigation?
Polygraph, medical, laboratory examinations required by the department.
What should officers submit in connection with a complaint where financial information is material to the investigation?
Financial disclosure statements in accordance with department procedures.
What actions should the agency avoid concerning staff sexual abusers during an investigation?
Limiting the agency’s ability to remove alleged abusers from contact with detainees.
What evidentiary standard should the agency impose for administrative investigations of sexual abuse or harassment?
No standard higher than a preponderance of the evidence.
What disciplinary sanctions can staff face for violating agency sexual abuse or harassment policies?
Disciplinary sanctions up to and including termination.
What factors are considered when determining disciplinary sanctions for staff in cases related to sexual abuse?
The nature and circumstances of acts, disciplinary history, and sanctions for similar offenses.
In cases of staff termination related to sexual abuse policies, who must the terminations be reported to?
Law enforcement agencies and relevant licensing bodies.
Under what circumstances shall a no-contact assignment pending investigation be expunged or retained in a staff member’s file?
Following a determination that the allegation of sexual abuse is not substantiated.