Discipline Manual III; Misconduct Related Discipline Flashcards
Misconduct is when an officer does not follow _______ . (III.A.1. Pg31)
- Department policies
- Department Procedures
- Department Orders
Misconduct does not include _______ . (III.A.1. Pg31)
performance issues
______ who become aware of misconduct are required to take immediate corrective action to stop observed or alleged misconduct. (III.A.3 Pg32)
All supervisors
If the misconduct involves a first-time minor offense; then _______ may be most appropriate. (III.B.1. Pg33)
Verbal counseling
If a citizen’s complaint is taken; the receiving supervisor must document the complaint on ______. (III.B.3 Pg33)
A Citizen’s Complaint Form (CCF)
All allegations of violations of Department Procedure 5.03 Equal Employment Opportunity; must be documented on ______ to determine if the incident may be handled informally. (III.B.4 Pg33)
An EEO Control Form
______ is responsible for conducting personnel investigations into the conduct of officers in Category I allegations. (III.C.2 Pg33)
Internal Affairs
Category I Complaints include: (III.C.2. Pg33)
- Force
- Arrest
- Criminal Conduct
- Discrimination
- Racial or Ethnic Slur
Category II complaints include: (III.C.3. Pg34)
- Service
- Courtesy
- Procedure
- Conduct allegations
IA is responsible for conducting administrative personnel investigations involving allegations of ______ regarding members of the Department. (III.C.4 Pg35)
Criminal conduct
The _______ is responsible for conducting personnel investigations involving allegations of discrimination and sexual harassment among Department employees (III.C.5.a. Pg35)
EEO Unit
If during an Internal Investigation; EEO; Category I; or Criminal conduct is discovered; the investigating supervisor should immediately notify _______ who will advise the _______ and notify the appropriate unit. (III.D.d.ii. Pg36)
- A second level supervisor
2. Commanding Officer
Sworn subject and/or witness officers ____________ refuse to be audio recorded during a formal interview. (III.D.1.g.iii. Pg37).
May not
Citizen witnesses and civilian employee witnesses represented by the Municipal Employees Association (MEA) _______ refuse to be audio-recorded. (III.D.1.g.111. Pg37)
May
An Investigators primary responsibility when conducting an investigation is: (III.D.2.a..i. Pg37).
To obtain all of the information pertinent to the alleged misconduct.
What are the possible findings at the conclusion of an investigation? (III.2.b. Pg39)
- Sustained
- Not Sustained
- Unfounded
- Exonerated
- Complainant not Cooperative
- Other Findings
As it relates to the findings of an investigation; All or part of the alleged conduct occurred. The alleged conduct was improper and in violation of existing law; policy; rule; etc. the disposition would be: (III.2.b.i. Pg39)
Sustained
As it relates to the findings of an investigation; if it is determined there was not enough evidence to clearly prove or disprove the alleged conduct; the disposition would be: (III.2.b.ii. Pg39)
Not Sustained
As it relates to the findings of an investigation; if it is determined the alleged conduct did not occur the disposition would be: (III.2.b.iii. Pg39)
Unfounded
As it relates to the findings of an investigation; The alleged conduct occurred; but was legal; justified and proper.; the disposition would be: (III.2.b.iv. Pg39)
Exonerated
The _______ reviews the completed investigation and findings to ensure completeness; fairness; and objectivity (III.D.3.b. Pg39)
Commanding Officer
All completed EEO and IA investigations with sustained findings must be reviewed by _______: (III.D.3.g.i Pg39)
- Police Legal Advisor
- Executive Assistant Chief
- The Chief of Policed
When determining whether to transfer a subject officer pending investigation; the Commanding Officer should consider the following: (III.D.4.ii. Pg40)
- Potential for employee conflict if the subject remains within the same unit or command (e.g. EEO allegation).
- Potential liability to the City if continued public contact is allowed.
- Egregiousness of the alleged conduct.
- Unit safety.
- Investigative confidentiality.
The Chief of Police or designee shall have the power to immediately suspend an employee if it is deemed necessary in order to maintain the safety of the community or the _______ . (III.D.4.b.i. Pg40)
- Reputation
- Morale
- Harmony of the Department
Employee representation is _______ when immediate removal is affected for suspension pending investigation. (III.D.4.b.i.a.2. Pg41)
not required
For officers suspended pending investigation; if the charges are not proven by the investigation; the employee _______ be returned to his/her previous work assignment absent aggravating and/or mitigating circumstances. (III.D.4.b.i.b.3. Pg41)
must
Officers who are removed from normal duties of the job during an investigation shall not be so removed for longer than _______ calendar days; except where the business necessities of the Department require removal from duties to extend beyond _______ calendar days. (III.D.4.b.iv. Pg41)
- 30
2. 30
When an officer is suspended for any period of time; the Chief of Police must revoke the officer’s police powers and the Chief of Police must collect _______ . (III.D.4.b.v. Pg41)
- the officer’s badge(s)
- Department firearm
- identification card
The philosophy of the Department is to use __________ discipline when appropriate. (III.E.1.a. Pg42)
Progressive
[Matrix] The misconduct type of “lacking all equipment” (III.E.1.c. Pg44)
1st Offense: Verbal Counseling
2nd Offense: Note of Counseling
3rd Offense: Written Warning
[Matrix] The misconduct type of “unintentional discharge of a Firearm; including less lethal Munitions (On or off Duty): (III.E.1.c. Pg44)
1st Offense: Two (2) Day Suspension
2nd Offense: Four (4) Day Suspension
3rd Offense: Termination (If Within three (3) years of the first offense)
[Matrix] The misconduct type of “Violation of AXON Body Worn Camera Procedures (DP 1.49): (III.E.1.c. Pg45)
1st Offense: Written Warning; Up to Termination
2nd Offense: Reprimand; Up to Termination
3rd Offense: Suspension; Up to Termination
4th Offense: Termination
[Matrix] The misconduct type of “Unjustifiable Missed Random Drug Test (RDT) SDPOA MOU Article 57 offense is a: (III.E.1.c. Pg46)
1st Offense: Reprimand & Scheduled for RDT on their next working day after the missed test
2nd Offense: Termination (If within two (2) years of 1st missed test. After two (2) years of 1st missed test; Reprimand)
3rd Offense: Termination
_______ is generally used to address specific; non-misconduct; employee performance issues; however; very minor instances of misconduct; which do not appear to be part of a pattern or history of misbehavior; may be addressed through. (III.E.2.a. Pg46).
Verbal counseling
A Note of Counseling may be used: (III.E.2.b. Pg46)
Only for a very minor instance of misconduct
A _______ may be used; but only for a very minor instance of misconduct. It is usually used for performance related discipline. (III.E.2.b. Pg46)
Note of counseling
The first step in progressive discipline for misconduct should be a: (III.E.2.c.i.(a) Pg46)
Written Warning
A _______ should be limited to a specific incident or aspect of employee misconduct. (III.E.2.c.i.(c) Pg46)
Written warning
The _______ must identify the specific misconduct and warn of more serious discipline for failing to improve. (III.E.2.c.i.(d) Pg46)
Written warning
A _______ may or may not require a supervisor’s investigation depending on the circumstances of the employee’s misconduct. (III.E.2.c.ii.(a). Pg46)
Written warning
Written Warnings are imposed with the approval of the _______ and; therefore; do not require higher approval. (III.E.2.c.ii.(d). Pg47)
Commanding Officer
A Written Warning is placed in the subject officer’s divisional file for up to: (III.E.2.c.iv.(a).(2). Pg47)
1 year
The officer has the right to attach a written rebuttal within (III.E.2.c.iv.(a).(3).(ii). Pg47)
30 calendar days
If the employee challenges the written warning; they have the right to ________ : (III.E.2.c.iv.(b).(1). Pg47)
an Intra-Department appeal
For a Written Warning; if an employee challenges the discipline; the appeal must be directed to the Chief’s Office within _______ working days of receiving the Written Warning. (III.E.2.c.iv.(b).(2). Pg47)
ten
For a Written Warning; who has the burden of proof at the appeal hearing? (III.E.2.c.v.(a).(2). Pg48)
Command that issued the discipline
For a Written Warning; The standard of proof is by _______ ; which is described as just enough evidence to make it “more likely than not” that what the command seeks to prove is true.? (III.E.2.c.v.(a).(3). Pg48)
a preponderance of the evidence
For a Written Warning; who is the appeal hearing officer? (III.E.2.c.v.(b).(2). Pg48)
If the employee’s Commanding Officer had a role in the original decision to discipline; another Commanding Officer must serve as the Hearing Officer.