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.
During a Written Warning Appeal Hearing; the command may be represented by whom? (III.E.2.c.v.(c).(1). Pg49)
Commanding Officer or the Commanding Officer’s designee (e.g. Lieutenant or Sergeant).
After a Written Warning Appeal Hearing; the decision should be delivered to the employee within a reasonable amount of time; based on the circumstances of the case; not to exceed _______ days.? (III.E.2.c.vi.(a).(4). Pg50)
60 calendar
Reprimands are more serious than a: (III.E.2.d.i.(a). Pg51)
Written warning
Reprimands are imposed with the approval of a __________ or higher. (III.E.2.d.i.(d) Pg51)
Commanding Officer
The _______ must specifically identify the misconduct and explain the potential for further discipline unless there is immediate improvement. (III.E.2.d.i.(c) Pg51)
Reprimand
A _______ generally requires a supervisor’s investigation depending on the circumstances of the subject employee’s misconduct. (III.E.2.d.ii.(a) Pg51)
Reprimand
What level of discipline requires a Disciplinary Package Checklist? (III.E.2.d.iii.(b) Pg51)
Reprimand or any greater discipline
Discipline Packages _______ be sealed; hand-delivered and _______ be sent via inter-office mail. (III.E.2.d.iii.(c). Pg51)
- Must
2. Shall not
Each reviewer _______ the Disciplinary Package Checklist after his or her review is complete. (III.E.2.d.iii.(e). Pg52)
Signs and dates
Prepared By: Once the appropriate discipline is determined by the command; the _______ signs; ensuring that the package is complete. The discipline package must include all attachments listed in the investigation during the entire routing process. (III.E.2.d.iv.(a). Pg52)
Preparing supervisor
Concurrence of Second Level: The _______ signs; ensuring that the package is complete; and hand-delivers the package to his/her Commanding Officer. (III.E.2.d.iv.(b). Pg52)
Second level supervisor
Approved by _______: The _______ signs and approves submitting the package to Police Human Resources. (III.E.2.d.iv.(c). Pg52)
Commanding Officer
Police Human Resources Review consists of the following steps. (III.E.2.d.iv.(d). Pg52)
- The Human Resources Analyst reviews the package to ensure proper format; correct violations and proper notifications are included.
- Police Human Resources will also ensure all MOU issues are addressed and all attachments are included.
- Police Human Resources will review and advise the Commanding Officer if the suggested discipline is not consistent with past discipline of similar circumstances.
- After the Human Resources review; the discipline package is hand-carried to police legal.
The Legal Advisor reviews consists of the following steps. (III.E.2.d.iv.(e). Pg52)
- The Legal Advisor reviews the package to ensure all legal requirements have been met.
- The Police Legal Advisor; where appropriate; is responsible for contacting Labor Relations.
- After a legal advisor completes the review and approves the package; it is returned to the Commanding Officer.
Minor Corrections or Changes to Discipline Package during the Routing Process are; (III.E.2.d.v.(a).(1). Pg53)
Corrections that do not influence the finding(s) or discipline recommendation(s) of the case.
If a reviewer determines that minor corrections need to be made; the package _______ be sent on to the next reviewer for further review prior to being returned to the Commanding Officer. (III.E.2.d.v.(a).(2). Pg53)
May
Major Corrections or Changes to Discipline Package during the Routing Process are; (III.E.2.d.v.(a).(2). Pg53)
one that changes the recommended level of discipline or finding(s).
Regarding the Reprimand; if the employee wishes to appeal the discipline; the appeal must be directed to the Chief’s Office within ________ working days of receiving the Reprimand. (III.E.2.d.vii.(c) Pg55)
10
If the employee wishes to appeal the discipline; the appeal must be directed to the Mayor within _______ working days of receiving the Reprimand. (III.E.2.d.x.(a).(1) Pg58)
Ten working days
In instances where the discipline has been overturned in its entirety; the discipline package and investigation are ________ per _________; Personnel Files. (III.E.2.d.ix.(e) Pg58)
- Retained
2. Section I.I
A suspension is more serious disciplinary action than a _______ : (III.E.2.e.i.(c) Pg58)
Reprimand
A Notice of Suspension must be _______; and is served after written Advance Notice of Adverse Action is given to the subject employee (Unless immediately suspended by the Chief of Police). (III.E.2.e.i.(b) Pg58)
Issued in writing
A Suspension is imposed with the approval of the _______. (III.E.2.e.i.(c) Pg58)
Chief of Police
The _______ prepares the Advance Notice document. (III.E.2.e.i.(b) Pg59)
Commanding Officer or designee
The _______ or his/her designee shall have the authority to immediately suspend an employee; without representation; if it is deemed necessary in order to maintain the safety of the community or the reputation; morale and harmony of the organization as outlined in Section III.D.4; Temporary Transfers and Suspension Pending Investigation. (III.E.2.e.ii.(c) Pg59)
Chief of Police
How many days will a subject employee be Suspended for Misconduct violations of Department Policies and/or Procedures involving negligence? (III.E.2.e.ii.(f).(1). Pg59)
2 days
How many days will a subject employee be Suspended for Intentional misconduct of an egregious or gross nature. ? (III.E.2.e.ii.(f).(2). Pg59)
Four or More Days (If the subject officer is assigned to a five-day workweek; the discipline should be five days.)
How many days will a subject employee be Suspended in lieu of Termination; if employee has long tenure of unblemished service; or other mitigating circumstances are fully documented? (III.E.2.e.ii.(f).(3). Pg59)
Sixteen or More Days
The _______ is the coversheet on the discipline package and accompanies the package as it is routed. (III.E.2.e.iii.(b). Pg60)
Disciplinary Package Checklist
The Disciplinary Review and Routing Process are complete prior to the service of the _______. (III.E.2.e.iv. Pg60)
Advance Notice of Adverse Action
Steps _______ in the Disciplinary Review and Routing Process (Disciplinary Package Checklist) are completed prior to the service of the Advance Notice of Adverse Action. Steps _______ on the Checklist are completed during and after the Skelly Meeting and/or Chief’s Appeal; or the waiver of appeal rights by the subject employee. Steps _______ on the Checklist are completed during the routing of the Final Notice of Discipline. (III.E.2.e.iv. Pg60)
- 1-6
- 8-11
- 12-16
_______ will review and advise the Commanding Officer if the suggested discipline is not consistent with past or similar circumstances. (III.E.2.e.iv.(d). Pg61)
Police Human Resources
During misconduct related discipline; the Legal Advisor is responsible for: (III.E.2.e.iv.(e). Pg61)
- Reviewing the disciplinary package to ensure all legal requirements have been met.
- Contacting Labor Relations.
- Returning the disciplinary packet to the Commanding Officer.
Who must approve all recommendations for formal discipline? (III.E.2.e.iv.(i) Pg61)
The Assistant Chief of the subject officer’s command
The _______ will review all formal EEO and IA investigations resulting in a sustained finding and any discipline resulting from a Category I citizen complaint. Furthermore; the Chief will review all “Not Within Policy” officer-involved shootings. (III.E.2.e.iv.(o). Pg62)
Chief of Police
Once the steps 1-6 of the disciplinary review process are completed; the discipline package is returned to the _______ to issue the Advance Notice of Adverse Action. (III.E.2.e.vi.(a). Pg63)
Commanding Officer
The Advance Notice of Adverse Action may be served immediately. Employee representation _______ required when the Advance Notice of Adverse Action is served. (III.E.2.e.vi.(e). Pg63)
Is Not
After Advance Notice of Adverse Action is served. If the employee accepts the discipline the _______ and _______ are waived. (III.E.2.e.vii.(a).(1). Pg64)
- Skelly Meeting
2. Chief’s Appeal
If the employee challenges the recommended discipline. A permanent employee has a right to a _______ and a Chief’s Appeal. (III.E.2.e.vii.(b).(1). Pg64)
Skelly Meeting
A request for a Chief’s Appeal must be in writing and must be directed to the Chief’s Office within _______ working days of receiving the Advance Notice of Adverse Action. (III.E.2.e.vii.(b).(4). Pg64)
Ten
A _______ occurs after an employee receives Advance Notice of recommended discipline; and prior to imposing the recommended discipline. (III.E.2.e.viii.(a).(1). Pg65)
Skelly Meeting
Probationary employees _______ entitled to a Skelly Meeting; but they may be entitled to a Chief’s Appeal. (III.E.2.e.viii.(a).(3). Pg65)
Are Not
The _______ is the subject employee’s opportunity to respond to the allegations set forth in the Advance Notice of Adverse Action document. (III.E.2.e.viii.(b).(3). Pg65)
Skelly Meeting
After the Skelly Meeting the Commanding Officer completes the memorandum of decision (Notice of Departmental Appeals Rights). The decision should be delivered to the employee with a reasonable amount of time; based on the circumstances of the case; not to exceed _______ calendar days. (III.E.2.e.ix.(a). Pg65)
14
After the Skelly Meeting. If the employee challenges the discipline; the subject employee may continue the appeal to the _______. (III.E.2.e.ix.(c).(1).(ii). Pg66)
Chief of Police
After the Skelly Meeting. If the Commanding Officer overturns the proposed discipline; the Final Notice of Discipline _______ prepared. The discipline package and investigation are retained per Section I.I.; Personnel Files.(III.E.2.e.ix.(c).(4). Pg67)
Is not
The Appeal Hearing Officer for a Suspension will be _______ not in the disciplined officer’s chain of command. (III.E.2.e.x.(b)(1) Pg67)
An Assistant Chief
During the appeal hearing; the command may be represented at the hearing by the Commanding Officer or _______ . (III.E.2.e.x.(c)(1) Pg68)
the Commanding Officer’s designee (e.g. Lieutenant or Sergeant)
At the conclusion of the hearing; the hearing officer will issue a written statement of decision; which should be delivered to the employee within a reasonable amount of time; based on the circumstances of the case; not to exceed _______. (III.E.2.e.xi.(a).(2) Pg69)
60 calendar days
If the discipline is upheld; the final Notice of Discipline is prepared by the _______ . (III.E.2.e.xi.(b).(1) Pg69)
Commanding Officer or designee
The final Notice of Discipline includes documentation that the subject has had the following documentation completed: (III.E.2.e.xi.(b).(2) Pg69)
- Intra-Departmental Appeal Hearing
2. Skelly Meeting
True or False: Employees are entitled to representation when the Notice of Suspension is served. (III.E.2.e.xii.(b) Pg71)
False
The Commanding Officer gives Notification to _______ of the Suspension by the end of the next business day. (III.E.2.e.xii.(h) Pg71)
Payroll
A permanent employee has a right to a ________ for disciplinary actions including Demotion; Suspension or Termination and accompanying Disciplinary Transfers. (III.E.2.e.xiii.(a). Pg71)
Civil Service Appeal
An employee who wishes to appeal to the Civil Service Commission must submit the appeal in writing to the City’s Personnel Director’s Office within _______ calendar days of receiving the Notice of Suspension. (III.E.2.e.xiii.(b). Pg71)
5
The _______ may modify the discipline. If modified; the discipline is returned to the Department for modification. (III.E.2.e.xiii.(d) Pg72)
Civil Service Commission
A _______ is a more serious disciplinary action than a _______. (III.E.2.f.i.(a) Pg72)
- Demotion
2. Suspension
A _______ is a reduction of an employee from a higher to a lower paying classification (III.E.2.f.i.(b) Pg72)
Disciplinary Demotion
_______ employees may be Demoted. The _______ will be allowed Intra-Department Appeal; but may not appeal to the Civil Service Commission. (III.E.2.f.i.(c). Pg72)
- Probationary Employees
2. Probationary Employees
The __________ schedules a meeting with the subject employee to serve the Advance Notice of Adverse Action document. (III.E.2.f.vi.(d) Pg76)
Commanding officer
A Disciplinary Transfer is considered a _________ transfer of an officer from one assignment to another. (III.E.2.g.i.(a). Pg85)
Punitive
A Disciplinary Transfer is always in conjunction with _______. (III.E.2.g.i.(b). Pg85)
- a Reprimand
- a Suspension
- or Demotion
A Disciplinary Transfer must be issued in writing by the _______. (III.E.2.g.i.(c). Pg85)
Commanding Officer in conjunction with a Reprimand; Chief of Police in conjunction with a Suspension or Demotion.
A Disciplinary transfer with a ______ in general; Advance noticed is required in writing; the subject officer has a right to a Skelly Meeting. The subject officer has a right to a Chief’s Appeal. (III.E.2.g.ii. Pg86)
- Suspension or
2. Demotion
When an officer is terminated; the termination must be issued______ and imposed with the approval of ______. (III.E.2.h.i.(b). Pg87)
- In writing
2. the Chief of Police
A termination requires a(n)__________ investigation. (III.E.2.h.ii.(a). Pg87)
Supervisor’s
A material matter is defined as any matter relating to the _______. (III.E.3.a. Pg.100)
Operations of the Department
Upon finding of untruthfulness that significantly affects Department operations and causes Department management to lose confidence in the officer’s ability to be truthful in the future; or loss of public trust; or loss of credibility in court; the recommendation shall be _____ ? (III.E.3.a. Pg100)
Termination
Department Procedure 5.12 allows _______ the ability to deny or revoke outside employment when such employment detrimentally affects the employee’s job performance and/or discredits the employee or Department. (III.E.4. Pg100)
Commanding Officer
The Chief of Police (or designee) may revoke an approval of outside employment at any time. If this occurs; the employee may request an appeal to the Chief of Police within _______ working days of receipt of such notice. (III.E.4.a.ii. Pg100)
10
If outside employment is revoked and the affected employee appeals the revocation; a hearing will be held by __________ (III.E.4.d. Pg101)
An Assistant Chief
When preparing discipline; Commanding Officers should consider the employee’s current specialized assignment and/or placement on any eligibility list (e.g. F.T.O.; Bike Team; Beach Team; etc.). If appropriate; the proposed discipline should specifically address removal from the assignment or the eligibility list. Removal from a special assignment is ______________ (III.E.5.a. Pg101)
A Disciplinary Transfer
A Last Chance Agreement in conjunction with a recommended level of discipline may be offered to officers in lieu of a recommendation for more _______ discipline. (III.E.6.a. Pg101)
Serious
Employee representation is _______ when immediate removal is affected for suspension pending investigation. (III.D.4.b.i.a.2. Pg41)
not required
