Discipline Manual IV; Performance Related Discipline

Question 1

The Performance Plan sets _______ for the employee. (IV.A.1. Pg103)

Answer 1

the standards and expectations

Question 2

Performance related problems are generally related to standards contained in the Performance Plan. Discipline is appropriate for all but _______. (IV.B. Pg103)

Answer 2

1. Failure to meet minimum job standards.2. Inadequate quality or quantity of work by an employee.3. Excessive unscheduled leave (SDPOA MOU Article 18, Personnel Manual).4. Failure to follow directions from a supervisor.5. Job mistakes.

Question 3

The decision that an employee’s work performance is unsatisfactory and requires disciplinary action should be made only after:_______ (IV.C. Pg104)

Answer 3

1. The immediate supervisor is certain that the employee knows what level of performance is expected, via the signed Employee Performance Plan.2. The employee has been given the requisite training and sufficient opportunity to meet the expected level of performance.

Question 4

Deficient performance can come to the attention of the immediate supervisor of the officer in a number of ways, including _____. (IV.D.1. Pg104)

Answer 4

1. Personal observation.2. Report from another department employee. 3. Citizen complaint.4. Another law enforcement or government agency.

Question 5

Verbal Counseling should be the _______ step in correcting deficient or incompetent performance. (IV.F.1.a. Pg105)

Answer 5

a. Significantb. First-c. Lastd. Third

Question 6

Verbal Counseling may ______________________ (IV.F.1.c. Pg105)

Answer 6

a. Be only used as a disciplinary toolb. Be both a training and disciplinary tool-c. Is not appropriate as a training toold. Only be considered as the first step of discipline

Question 7

Notes of Counseling are imposed with the approval of the ________ and, therefore, do not require higher approval. (IV.F.3.b.iv. Pg107)

Answer 7

a. Commanding Officer-b. Second level supervisorc. Immediate supervisord. POA

Question 8

Notes of Counseling requires advance notice to the subject officer. Is oral notice sufficient? (IV.F.3.c.i. Pg107)

Answer 8

Yes

Question 9

If the immediate supervisor determines a Note of Counseling is the appropriate form of discipline, the _______ will be notified for concurrence (IV.F.3.b.ii. Pg107)

Answer 9

a. Commanding Officerb. Employee representative (POA or MEA)c. Second level supervisor-d. Lieutenant

Question 10

Are subject officers allowed representation during the service of a Note of Counseling? (IV.F.3.c.iv. Pg108)

Answer 10

Yes, if representation is requested by the subject employee (if no prior interview with the subject officer as part of an investigation).

Question 11

A Note of Counseling is placed in the subject officer’s divisional file for up to _____. (IV.F.3.d.i.b. Pg108)

Answer 11

a. Six monthsb. Two yearsc. One year-d. Until the next performance review

Question 12

The subject officer has the right to attach a rebuttal to the Note of Counseling. The rebuttal must be submitted within _______ calendar days (IV.F.3.d.i.(c).(1) Pg105)

Answer 12

a. 5b. 10c. 15d. 30-

Question 13

If the employee disagrees with the Note of Counseling what appeal rights are they afforded? (IV.F.3.d.ii. Pg108)

Answer 13

1. There is no right to a Skelly Meeting.2. A Chief’s appeal is allowed within (10) working days of receiving the Note of Counseling.

Question 14

After an appeal hearing for a note of counseling, the decision by the hearing officer should be delivered to the employee within a reasonable amount of time, based on the circumstances of the case, not to exceed _______ calendar days (IV.F.3.f.i.d. Pg112)

Answer 14

a. 120b. 90c. 60-d. 30

Question 15

A _______ is the lowest form of written documentation for performance related issues and cannot be further reduced, in writing (IV.F.3.iv.b. Pg111)

Answer 15

a. Verbal counselingb. Third Strikec. Note of Counseling-d. Supplemental Performance Reporte. Poor evaluation

Question 16

A Supplemental Performance Report __________ used to discipline an employee for misconduct. (IV.F.5.a.ii. Pg112)

Answer 16

a. Should not be-b. Is sometimesc. Should bed. Is always

Question 17

If a Note of Counseling or a Written Warning does not correct the deficient performance, the immediate supervisor should document the deficient behavior in a _______ . (IV.F.5.b. Pg112)

Answer 17

1. Supplemental Performance Report

Question 18

A _______ must also be completed and served on the employee at the same time as the Supplemental Performance Report. The _______ is discussed in Section IV.F.6. (IV.F.5.a.iv. Pg112)

Answer 18

a. Rating sheetb. Performance Development Plan-c. Written warningd. Supplemental Development Plan

Question 19

A Supplemental Performance Report may be served on the subject officer with the approval of the _______. (IV.F.5.e.i. Pg113)

Answer 19

a. Supervisorb. IA Lieutenantc. Commanding Officer-d. Assistant Chief

Question 20

Employees _______ entitled to representation when served with a Supplemental Performance Report. (IV.F.5.e.i. Pg113)

Answer 20

a. are-b. are not

Question 21

The employee must be placed on a _______ to correct performance deficiencies (IV.F.5.e.iv. Pg114)

Answer 21

a. Probationary statusb. Supplemental Performance Reportc. Career Enhancement Pland. Written statement of decisione. Performance Development Plan-

Question 22

The Appeal Hearing Officer for a Supplemental Performance Report will be a(n) _______ not in the disciplined officer’s chain of command. (IV.F.5.i.ii.(a). Pg114)

Answer 22

a. Supervisorb. IA Lieutenantc. Commanding Officerd. Assistant Chief-

Question 23

After the Appeal Hearing for a Supplemental Performance Report, the decision should be delivered to the employee within a reasonable amount of time, not to exceed _______ calendar days. (IV.F.5.i.iv.(a).(4) Pg116)

Answer 23

a. 30b. 60-c. 90d. 120

Question 24

The Performance Development Plan is a tool available to supervisors to _______, _______, and _______ employees. (IV.F.6.c.i. Pg117)

Answer 24

1. guide2. train3. develop

Question 25

The Performance Development Plan can be set up for review in ______ days. It is imperative that the immediate supervisor and subject employee regularly refer to and discuss the Performance Development Plan to identify progress or continued poor performance. (IV.F.6.h. Pg118)

Answer 25

a. 30b. 60c. 90d. All of the above-

Question 26

At the end of the Performance Development Plan review period, the Supervisor should contact the employee and schedule a meeting. The employee _______ a right to representation during the review meeting. (IV.F.6.i.ii.(a). Pg119)

Answer 26

a. Has-b. Does not have

Question 27

The original copy of the Performance Development Plan and Supplemental Performance Report (if it was used to record the outcome of the Performance Development Plan) is permanently maintained in the employee’s _______. (IV.F.6.i.ii.(e). Pg119)

Answer 27

a. Divisional Fileb. Supervisor’s Employee Filec. Employee’s Department Human Resources personnel file-d. None of these

Question 28

If the employee’s performance has still not improved to an acceptable level, but it is appropriate to retain the employee. The supervisor must prepare a new _______ clearly articulating the continued deficient performance, identifying the performance expected and suggesting corrective measures. It must make reference to the previous _______. (IV.F.6.i.iv.(a).(1). Pg120)

Answer 28

a. Performance Development Plan, Performance Development Plan-b. Employee Conference/Overall Performance Plan, Employee evaluationc. Supplemental Performance Report, Performance Development Pland. Employee evaluation, Employee Conference/Overall Performance Plan

Question 29

The Follow-Up Review signatures _________ required in the case of a Career Development Plan, though ________ is necessary. (IV.F.7.c. Pg121)

Answer 29

a. Is, reviewb. Are not, reviewc. Are always, follow-upd. Are not, follow-up-

Question 30

Regarding Performance Evaluations containing Negative Comments: The Negative comment may be appealed within _______ of receipt. The appeal must be sent to the Office of the Chief of Police (IV.G.2. Pg121)

Answer 30

a. 14 daysb. 10 working days-c. 30 calendar daysd. 60 days

Question 31

The subject officer maintains the right to attach a rebuttal to the evaluation within ___ calendar days. The rebuttal will remain attached to the evaluation indefinitely. (IV.G.6. Pg122)

Answer 31

a. 15b. 30-c. 45d. 60

Question 32

The California Government Code, Sections 3300-3311, provides a statutory Bill of Rights to peace officers in California. The Bills of Rights governs the following areas specific to matters involving the discipline of peace officers (IV.H.2.a. Pg122)

Answer 32

1. Procedures for disciplinary interviews.2. Notice and nature of the interview.3. Length of interview.4. How the interview is conducted.5. Access to notes and recordings.6. Administrative versus criminal investigations.7. Right to representation.8. Advanced notice of negative material placed in file. 9. Right to respond to negative material.10. Polygraph examinations.

Question 33

_______ provides that no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the agency’s discover (with some exceptions) (IV.H.2.a. Pg122)

Answer 33

a. Government Code Section 3304(d)-b. California Government Code, Sections 3300-3311c. California Peace Officers Bill of Rightsd. Department Procedure 5.18e. Government Code 34090

Question 34

The following documents are critical for portraying a pattern of deficient conduct (IV.H.4. Pg124)

Answer 34

1. Current and past Employee Performance Reports.2. Performance Development Plans.3. Supplemental Performance Reports.4. Notes of Counseling.5. Documented discipline resulting from misconduct.6. Past observed performance.7. Work history.

Question 35

When electing to transfer a subject officer, the Commanding Officer should consider the following: (IV.H.5.b. Pg124)

Answer 35

1. Level of incompetence.2. Potential liability to the City if continued public contact is allowed.3. Egregiousness of the alleged conduct.4. Unit safety.5. Investigative confidentiality.

Question 36

Formal discipline for incompetent performance includes: (IV.I.1. Pg125)

Answer 36

1. Reduction in Compensation2. Demotion3. Termination

Question 37

_______ is not used to correct performance issues and is not a solution if performance cannot be improved. (IV.I.1. Pg125)

Answer 37

a. Terminationb. Demotionc. Suspension-d. Reduction in Compensatione. Notes of Counseling

Question 38

The ________ may reduce the compensation of any employee within the salary range of that employee’s current classification. The compensation of such employees may be reduced a maximum of _______ within the salary range of the employee’s current classification. (IV.J.1.a.i. Pg126)

Answer 38

1. The Chief of Police2. Two Steps

Question 39

Removal from an assignment in which the officer receives additional compensation _______ on employee classification, _______ be considered a Reduction in Compensation for purposes of this section. (IV.J.1.b.i. Pg126)

Answer 39

1. Not based2. Shall Not

Question 40

If an employee receives a “Below Standard” Performance Evaluation during the most recent rating period, a _______ may be considered. (IV.J.1.c.i. Pg126)

Answer 40

a. Demotionb. Reduction in Compensation-c. Suspensiond. Termination

Question 41

The Reduction in Compensation may be in effect for a maximum of _______. (IV.J.1.d. Pg127)

Answer 41

a. 24 monthsb. 12 monthsc. 8 monthsd. 6 months-

Question 42

At the end of 90 days, the employee’s job performance must be re-evaluated by the ______ (IV.J.1.d.i. Pg128)

Answer 42

a. Supervisorb. The Chief of Policec. Commanding Officer-d. Police Legal Advisor

Question 43

A Reduction in Compensation requires a _______ investigation. (IV.J.1.e.i. Pg127)

Answer 43

a. Chief’sb. Commanding Officer’sc. Supervisor’s-d. Chief or designee’s

Question 44

As in Civil Service Commission appeal hearings, the burden cannot be met by uncorroborated hearsay evidence. Pre-recorded and summarized interviews of witness statements will be considered _______. (IV.J.1.m.i.(d). Pg134)

Answer 44

a. Strictly inadmissible and not admitted as evidenceb. Substantial evidence and may be accepted into evidence.-c. If the hearing officer allows itd. Hearsay and thrown out

Question 45

136. The Hearing Officer may read investigative reports and supporting documents to properly prepare and budget appropriate time for the hearing. However, to ensure neutrality of the hearing, the Hearing Officer may not consider the investigative reports or supporting documents unless they are _______. (IV.J.1.m.ii.(b). Pg135)

Answer 45

a. Accurate and trueb. Properly documentedc. Introduced and accepted into evidence during the course of the hearing.-d. Introduced and approved prior to the hearing

Question 46

At the conclusion of the presentation of the command’s evidence, the subject officer or his/her representative may _______ in response to the evidence presented by the command, or the allegations set forth in the written discipline. (IV.J.1.m.iii.(d). Pg135)

Answer 46

a. Challenge the evidenceb. Discredit the evidencec. Throw out the evidenced. Present evidence-

Question 47

A permanent employee may appeal a Reduction in Compensation to the Mayor or his/her designee (usually Labor Relations). If the employee wishes to appeal the discipline, the appeal must be directed to the Mayor within _______ working days of receiving the Reduction in Compensation. (IV.J.1.p.i. Pg138)

Answer 47

a. Five (5)b. Ten (10)-c. Thirty (30)d. Sixty (60)

Question 48

An employee who wishes to appeal to the Civil Service Commission must submit the appeal in writing to _______ within (5) calendar days of receiving the Notice of Reduction in Compensation. (IV.J.1.q.ii. Pg138)

Answer 48

a. The City’s Personnel Director’s Office-b. The Police Officer’s Association’s legal advisorc. The Human Resources Director’s Officed. Immediate Supervisor

Question 49

The Civil Service Commission may modify the discipline. If modified, the discipline is returned to the ____________for modification. (IV.J.1.q.iv. Pg139)

Answer 49

a. City’s Human Resources Directorb. Police Officer’s Association legal advisorc. Chief of Policed. Department-

Question 50

Civil Service Commission Appeal: The Civil Service Commission may modify the discipline. If modified, the discipline is returned to the Department for modification. The Civil Service Commission may overturn the discipline. If overturned, the Civil Service Commission’s written decision shall be _______. (IV.J.1.q.v. Pg139)

Answer 50

a. Executed immediatelyb. Reviewed by the Chief Of Policec. Reviewed by the Mayord. Maintained in the subject officer’s personnel file.-

Question 51

Employee must have been proven to have failed to perform at a competent level in the current classification. The poor performance must be supported by detailed documentation. (AND) The detailed documentation must conclude that the employee is not performing at the level established for the employee’s specific classification. These are guidelines for ____________. (IV.J.2.a. Pg139)

Answer 51

a. Performance Based Demotion-b. Reduction in Compensationc. Removal from Specialized Unitd. Termination

Question 52

A Notice of Demotion must be issued in _______, after written Advance Notice of Adverse Action is served upon the subject employee. (IV.J.2.b. Pg139)

Answer 52

a. The Presence of the Subject Officer’s Legal Representativeb. Accordance with Civil Service Commission By-Lawsc. Writing-d. Accordance with the Memorandum of Understanding

Question 53

_______ should be imposed when circumstances indicate less severe discipline or guidance will not correct the employee’s incompetence. (IV.J.3.a.ii. Pg140)

Answer 53

a. Reduction in Compensationb. Termination-c. A Performance Pland. Demotion

Question 54

Termination: A probationary employee who fails probation shall be deemed as a “Probationary Failure.” The probationary employee does not have appeal rights to the Civil Service Commission. See Section IV.J.4. Probationary Failure. Termination must be issued in writing, after written Advance Notice of Termination has been served on the subject officer. Termination is imposed with the approval of the _______. The Termination must specifically identify the reason(s) for the Termination. (IV.J.3.a.iii. Pg140)

Answer 54

a. Employee’s supervisorb. Employee’s FTOc. Chief of Police-d. Mayor

Question 55

A probationary employee who fails probation shall be deemed as a “_______”. The probationary employee does not have appeal rights to the Civil service Commission. (IV.J.3.a.iii. Pg140)

Answer 55

a. Probationary Failure-b. Sub Standard Probationary Employeec. Human Resources Level 3d. Civil Service Commission Level 3

Question 56

The probationary period should be viewed as a significant portion of the testing process. Therefore, it is important for each _______ to provide the new employee with a Performance Plan for their classification, and the training and opportunities necessary to succeed. (IV.J.4.d. Pg141)

Answer 56

a. Chief of Policeb. Commanding Officer-c. Field Training Officerd. Field Training Sergeant