General Flashcards
Departments mission statement
We provide the highest quality public safety service to everyone in San Diego county.
Core values
Trust
Honesty
Integrity
Respect
Diversity
Fairness
Loyalty
Compassion
What are the departments organizations/bureaus?
Office of the sheriff
(DSB) detentions services bureau
(LESB) law enforcement services bureau
(CSB) court services bureau
Management services bureau
(HRB) Human Resources bureau
Deputy involved applies to employees, both sworn and professional staff (y/n)?
Yes
Duty to report misconduct (2.59)
All employees both sworn and non-sworn have an affirmative duty to report misconduct
Law enforcement gangs (2.58)
Employees are prohibited from any participation in a law enforcement gang
Is professional staff afforded POBR rights?
Yes
CLERB acronym
Citizens
Law
Enforcement
Review
Board
CLERB consists of how many members
12
CLERB has jurisdiction to investigate allegations of (9):
Excessive force
Discrimination
Improper discharge of firearm
Illegal search and seizures
False arrest
Criminal conduct
Misconduct
Death out of or connection with deputies actions
Can CLERB impose discipline or change p and p on a sustained finding?
No
Does a complaint need to be filed with CLERB for them to investigate?
No
What are DIS responsibilities?
Performance reviews
CLERB
CIRBs
UOF policy review
P&P review
Claims investigations
Inspection and control
DMV license program
Jail conditions
PREA
Vehicle operations
Application of the law
DIS notification call out
Any discharge of a firearm
Serious/major collisions/pursuits with prop damage
All inmate escapes
Inmate suicide attempts
High profile erroneous releases
All PREA incidents
All in custody deaths
Use of deadly force
UOF resulting in serious injury or death
All work related illnesses or serious injury or bio-hazard exposures
Do we send email notifications to DIS for non serious injuries?
Yes
CIRB acronym
Critical
Incident
Review
Board
CIRB board consists of?
LESB commander
CSB commander
DSB commander
HRB commander (no vote)
Chief legal advisor (no vote)
Incidents requiring CIRB meeting?
All in custody deaths
Use of deadly force by dept employee
Pursuits resulting in injuries requiring hospitalization or Major property damage
Serious injury or death resulting from actions of dept member
All discharge of firearm by sworn personnel
Any other incident involving discharge of firearm, Major property damage or major veh damage by dept member
Any incident the sheriff, undersheriff, assistant sheriffs or CIRB member wants reviewed.
Does IA investigate off duty misconduct
No
IA findings?
Not sustained
Sustained
Unfounded
Exonerated
Resolved
Employees on admin leave shall be removed no more than ____ days except where necessary
45
If Admin placement needs to be extended, assignment will be reviewed after ___ days and every ____ days thereafter
60
What level supervisor prepares a report containing the disciplinary recommendations and rationale?
Second level
Dept P&P progressive discipline related to traffic collisions does not count if same/similar incident occurs within ____ years
2
Prior to recommending discipline the second level supervisor will meet with the accused employee outside the presence of the investigator, explain the findings, and allow employee an opportunity to provide information which could…?
Mitigate the findings or affect a recommendation for discipline
What does R&R stand for?
Recommendations and rationale
Does an employee get copies of the investigation if requested during the R&R?
No. They can review reports though
Who is the proposed disciplinary recommendation addressed to?
Division commander/3rd level supervisor/ captain
During a proposed disciplinary meeting (R&R), the employee may be accompanied by a representative?
Yes
During a proposed disciplinary meeting (R&R), is the employee allowed to have a family member present to be their representative?
Yes. POBR affords then that right
In line with dept P&P on progressive discipline while doing R&R employee IAs with similar/same charges are relevant to discipline of within ____ years
5
Once second level supervisor prepares the (R&R) it will be forwarded to third level supervisor?
Yes
If the third level supervisor modifies the R&R, who notifies the employee?
Third level supervisor
In line with dept P&P on progressive discipline, formal discipline received within 5 years and informal discipline received with 2 years may be reviewed?
Yes
Upon approval of R&R by third level supervisor it will be forwarded to…?
IA
NOPDA acronym
Notice of Proposed Disciplinary Action
When should an R&R and a NOPDA be addressed to the sheriff?
Suspensions
Pay step reduction more than 1 day
Who serves the notice or proposed discipline?
IA sergeant
The employee shall have how many days to request a skelly hearing?
5 working days
A skelly conference must take place with in how many days?
10 days
Can skelly conference be heard past 10 days?
Yes if mutually agreed by both employee and skelly officer
A skelly conference hearing officer will normally be a sheriffs representative, usually a …?
Third level supervisor not in employees command
How soon should discipline be carried out?
As a soon as possible after service of the order
Permanent probationary employees (probationary sgt) only have a right to…?
Skelly conference only
An employee has how many days to request a hearing for civil service?
10 calendar days
IA investigations must be completed within ____ unless mitigating circumstances are present
1 year
MOD, verbal counseling and written memo done by a second level supervisor at stations are examples of what type of discipline?
No discipline
What are the 6 types of discipline?
Written reprimand
Reassignment
Pay step reduction
Suspension
Demotion
Termination
Suspensions of less that ____ working days may be administered in the form of pay step reductions.
1 day
Are written reprimands appealable to civil service commission?
No
May an employee submit a written response within 30 days of receipt or a written reprimand to a fourth level supervisor?
Yes
When applicable to an employees classification, can a further review of a written reprimand be pursued through the grievance procedure?
Yes
Who routes chargeable collisions?
Station chain of command
Traffic coordinator will route to IA
What is the minimum level of recommended discipline for all chargeable vehicle collision cases?
Written reprimand
Sustained non traffic complaints resulting in discipline greater than a written reprimand will be reported going back ____ years?
5 years
When are internal affair investigations tolled (on hold)?
Criminal investigations
Civil litigation
Dept approved leave
What is a pitchess motion?
A defense attorney warrant for an employees personnel file and IA file to discover info related to excessive UOF untruthfulness and/or racial bias
Can you informally disposition a formal written complaint?
No
POBR rights
Choice of representation
Not subjected to media or press
No more than 2 interrogators
Reasonable hour or pay overtime and period of time of interview
May record with own device
Allow time for physical necessities
How many days do you have to respond to adverse comments entered into your personnel file?
30
Employee department locker/storage space may be searched providing the deputy is…?
Notified or present
Gives consent or search warrant
Shift assignment schedule changes shall be posted at least ____ days.
14 calendar
To qualify for regular call back compensation the employee must…?
Left the work site and be required to physically report back to work site
Changes in shift or work schedule when at least ____ hours advance notice is given shall not constitute call back work
15 hours
Weeks working a TAD assignment of a higher class to get compensated
4/26
Are employees entitled to appeal their performance reports (EPR) according to county of SD Human Resources?
Yes
What are grounds for modifications of EPRs?
Bias
Not advised of work deficiencies
Factually incorrect
How many days to sign an EPR?
5
Who designates an appeal officer if an employee appeals an EPR?
Personnel LT
How many days for the employee to select an appeal officer for the EPR appeal?
7
If appellant does not select an appeals officer within time frame, will a second notice be given?
Yes
How many days after appointment must all parties meet for the EPR appeal?
30
Employee is entitled to bring a representative to the appeal hearing to assist?
True
How many days does an appeal officer have to respond?
5
What is a grievance?
An allegation by employee or group that county has failed to provide a condition of employment established by MOA or P&P
Grievance stale over ___ days or when employee learned of alleged failure
45
How long does employee have to file a formal grievance after an informal discussion with immediate supervisor
14 working days
How long does supervisor have to respond to formal grievance?
14 days
How many days does employee have to appeal to the next level supervisor after the receipt of the supervisor written response?
7 working days
Can sworn personnel request an admin review of alleged punitive reassignment?
Yes
Who can you appeal punitive reassignment to?
Personnel captain
FMLA is what kind of law
Federal
FMLA provides employee with…?
12 weeks insurance coverage
12 weeks of unpaid leave
Job protection
How long must you have worked to be covered by FMLA?
12 months and 1250 hours
How many bereavement days are given per MOA?
3
How many sick days are you allowed to take during your bereavement?
2
Immediate family per sheriff policy?
Child
Siblings
Parents
Step or in law of above
Any other person living in same household
How many days of sick leave can you take before doctors note?
5
How many hours before you can be placed on sick leave abuse provision?
56 hours or 50% of annual accrual
Sexual harassment defined
Unwelcomed sexual advances, request for favors, verbal or physical conduct of a sexual nature when it involves a condition of employment, basis for employment decisions, or a purpose or effect of unreasonably interfering with work performance creating an intimidating, hostile or offensive work environment.
Sheriffs P&P section for sexual harassment?
3.47
Types of sexual harassment?
Physical
Verbal
Visual
Written
Sexual favors
Does sexual harassment need to be motivated by sexual desires?
No
Where can sexual harassment be report?
Sheriff employee relations
Sheriff IA
SD County office of ethics and compliance
CA Dept of fair employment and housing
Federal equal employment opportunity commission
Penal code 13519.4 mandates that peace officers required to complete racial profiling training every ____ years?
5
The aggrieved employee must file EEOC claim in how many days of incident?
300
12900 or CA gov code prohibits?
Discrimination
12940of CA gov code requires?
An employer to mandatory stop harassment as soon as it is brought to their attention.
What is supervisors responsibility when sexual harassment/discrimination is brought to their attention?
Establish and maintain working environment free of discriminatory intimidation, ridicule and insult.
To report and/or effectively resolve all know sexual harassment incidents.
Take prompt corrective action when informed.
Document all incidents and action taken thereafter.
How many days notice does an employee give before military leave?
30 if possible
Grievance procedures set forth in the MOA do not apply to?
Over which the civil service commission has jurisdiction
Covered by the labor relations ordinance
Concerning performance reports
Appel punitive reassignment purpose
Determine whether or not proposed reassignment was punitive
Determine whether or not was reasonable and proper
Sheriff shall render final reassignment decision (no civil service)
When can IAs be extended over 1 year?
If time is waived
Multi-jurisdiction with request to extend
Involves more than 1 dep
If employee is incapacitated
Civil litigation
Criminal litigation
Workers comp fraud
When predisciplinary or grievance procedure is required
Headers for R&R
To:
From:
Via:
Recommendation:
Rationale:
