GM 303 Flashcards
START
What type of non-criminal discipline does the department adhered to?
Progressive discipline
To achieve the desired degree of effectiveness, disciplinary procedures address three types of concerns?
Community or external concerns
Departmental or internal concerns
Employee concerns
Line complaints are subdivided into type A or type B. Which complaint is an example when the complainant requests contact by the sworn members supervisor?
A
Line complaints are subdivided into type A or type B. Which complaint is an example when the complainant does not wish to be contacted by supervisor but relates potential substantive problem or relates only non-specific or general information
B
All line complaints shall be investigated by the officer’s chain of command within how many days from the date of the written complaint?
21 calendar days
What kind of complaints generally constitute matters involving conduct that exhibit a significant variance from behavioral expectations established through formal training, departmental rules, regulations, policies or procedures which regulate a sworn members contact?
Formal complaint
What kind of complaints constitute citizen dissatisfaction with police services for some reasons other than complaints of officer misconduct?
Service complaints
What are some examples of service complaints? (Name 5)
1) call response times – not due to an officer’s negligence
2) handling of a civil matter – due to department policy or civil law
3) discretionary call screening
4) unavailability or delay of other police services
5) any other complaint that does not violate policy or procedure or involve Officer misconduct
What kind of complaint includes any conduct that exhibits the potential to require disciplinarian action in the form of a suspension that exceeds three calendar days?
Formal complaint
T or F
Can a suspension agreed to by a member be appealed by the Civil Service Commission, arbitrator, or any court?
No
Who must agree in order to expedite the disciplinary track from a written complaint notification of a formal complaint?
The chief and sworn member
What generally constitutes disciplinary matters limited to and involving a minor variance from the routine activities and responsibilities of the sworn members in question?
Line complaint
Copies of all complaints received or handled by members of the department shall be forwarded to?
Internal affairs unit
If the supervisor of the officer who is subject of the complaint is not available when a member receives a complaint by telephone who should they forward the complaint to?
The communications unit supervisor
If a member receives a telephone complaint The complainant should be forwarded to the internal affairs unit during business hours of what time?
0800–1800
When addressing formal complaints, who will route the preliminary complaint investigation packets through the chain of command to their section commanders or unit directors?
Supervisory officers
Receiving complaint investigation packets on formal complaints, who should forward those packets together with their recommendations to the division commander?
Section commanders/unit directors
Section commanders and unit directors receiving disposition report on line complaint shall implement disciplinary action when necessary up to how many days suspension?
Three
Who shall maintain a confidential disciplinarian log strictly for the purpose of ensuring timely disposition of complaints against sworn members?
Division commanders
The internal affairs unit shall investigate formal complaints of sworn member misconduct and present the findings to?
Chief advisory action Board
Officers under investigation should be informed how many hours prior to being interrogated or asked to respond to an investigation of general nature of the investigation by the internal affairs unit?
48 hours
Who should investigate police vehicle crashes?
Homicide unit
Who should review disciplinarian cases investigated by the internal affairs unit prior to their submission to the Chiefs advisory action bored?
Police legal advisor
Will formal disciplinary actions against sworn members be implemented without signed sworn complaints?
No, although oral complaints may receive supervisory review
Who may request or order if necessary a sworn member of any rank to submit a written report, answer interrogations, provide physical evidence, or otherwise cooperate in any manner during an investigation?
A sworn member of the internal affairs unit holding the rank of sergeant or above
Who administers the poly graph test to the sworn member only when the complainant’s results indicate truthfulness?
A licensed examiner
To avoid any undue embarrassment to an officer or the department the polygraph examination shall not be administered to an officer while in?
Uniform
Who reviews the complainant’s polygraph examination results?
The Chiefs advisory action board and the chief of police
Who reviews the sworn members polygraph examination results?
Only the chief of police
A quorum of the citizens advisory action board consist of how many members provided there are at least six active appointed members?
Three
A quorum of the police advisory action board consist of how many members?
Five
The chief of police may allow the following to attend the Chiefs advisory action board meeting? Name 3
1) San Antonio police officers association representative
2) The police legal advisor
3) internal affairs unit representative
Who outlines misconduct cases at a chief’s advisory action board meeting?
Internal affairs unit representative
Who makes a declaratory announcement about security for the protection of each respondent’s privacy at the Chief’s advisory action board meeting?
The chairman of the board
Disciplinary cases involving complaints presented to the board for consideration are derived from the following sources? Name 2
The internal affairs unit as a formal complaint
The chief of police and they wish the board consider a matter
T or F
The respondent may have an attorney present or another person as a representative at the Chiefs advisory action board hearing
Misconduct cases
False
T or F
The respondent may not introduce references or character witnesses at the Chiefs advisory action board hearing.
Misconduct cases
True
Misconduct cases: At the Chief's advisory action board hearing, the chairman shall advise the respondent of the following four things: T R Q Their D
Testimony is voluntary
Rules and decorum the proceedings
Questions maybe asked by board members
Their decision to speak may be withdrawn at any time without inference or penalty
Misconduct cases:
At the Chief’s advisory action board hearing one of two determinations follow the discussion:
1) ready to vote
2) further investigation is required and the case is returned to the investigative source
Misconduct case findings:
“ unfounded” means
Allegations reported did not occur
Misconduct case findings:
“inconclusive”means
Allegations could not be proved or disapproved
Misconduct case findings:
“sustained” means
The allegations reported are found to have occurred
Misconduct case findings:
“justified” means
The contact complained of did occur, but was necessary and appropriate to accomplish a valid law enforcement object
On misconduct case findings, a majority vote must exist to determine any finding. If it cannot be obtained after subsequent discussions and votes who will make the final decision?
The chairman of the chief advisory action board
On the Chief’s city vehicle accident advisory action board, a quorum consist of how many members?
Three
The chief of police may allow who to attend the city vehicle accident advisory action board meeting: name four
1) San Antonio police officers association representative
2) police legal advisor
3) homicide unit representative
4) risk management representative
City vehicle accident case findings: what means the sworn member failed to exercise reasonable care in the operation of the city vehicle, deviated from established driving practices, and was the major cause of the crash?
Chargeable
Disciplinary procedures on city vehicle accident cases:
How many points are assigned to the three findings?
1) non-chargeable
2) chargeable due to contributory factors
3) chargeable
1) 0
2) 1
3) 2
Additional points are added to all chargeable and chargeable due to contributory factors crashes based on the severity of the crash–damage that renders the vehicle a total loss how many points?
Two points
Additional points are added to all chargeable and chargeable due to contributory factors crashes based on the severity of the crash–
The crash resulted in serious bodily injury, excluding death to any person?
Minimum two points
If a chargeable or chargeable due to contributory factors crash results in a death, no point value is assessed what happens instead?
The chief of police administers whatever discipline who deemed appropriate
Based on the sworn members cumulative point assessment total board recommends disciplinarian action to the chief as follows: what does four points get you?
One day suspension
Based on the sworn members cumulative point assessment total board recommends disciplinarian action to the chief as follows: what does 1 to 2 points get you?
Written counseling
Based on the sworn members cumulative point assessment total board recommends disciplinarian action to the chief as follows: what does seven points get you?
10 day suspension
Based on the sworn members cumulative point assessment total board recommends disciplinarian action to the chief as follows: what does eight points or more get you?
A minimum 15 day suspension with the possibility of an indefinite suspension or job reassignment for numerous crashes within the 24 month period
Officers involved in 2 crashes (chargeable or chargeable due to contributory factors) within what period of time will either be placed on special assignment or required to ride double with another officer until they pass a remedial driving course at the training academy.
12 month period
B. When a complaint focuses on a civilian member, the non-criminal investigation and discipline, when necessary, is determined by the _____ or in accordance with any applicable administrative directives of the City.
civilian member’s Division Commander
.04 FORMAL COMPLAINTS
B. Formal complaints include, but are not limited to, the following:
1. Activities that deal with significant b_____infractions;
2. Any conduct that if proven would constitute a crime;
3. Any conduct that exhibits the potential to require stringent disciplinary action in the form of a suspension that exceeds _______;
4. Any allegation of h_________;
5. Any allegation of r_______;
6. Any allegation of u______; or
7. Any other incident that may require _______in order to be properly resolved.
1) behavioral
3) three (3) calendar days
4) harassment/discrimination
5) racial profiling
6) unnecessary or excessive force
7) formal disciplinary proceedings
.04 FORMAL COMPLAINTS
C. Sworn members who receive written complaint notification of a formal complaint from the Internal Affairs Unit may request the complaint be submitted to the expedited disciplinary track method.
3. Any disciplinary action must be agreed upon by the sworn member and the Chief, and must be enacted within ________of the agreement.
thirty (30) calendar days
.04 FORMAL COMPLAINTS
E. In no event can the expedited disciplinary track be requested within ______of the expiration of the complaint’s one-hundred and eighty (180) calendar day timeline in Chapter 143 of the Local Government Code.
sixty (60) calendar days
.07 COMPLAINT PROCESSING
C. Referring Complaints
c. Correspondence: A member who receives a written complaint shall route the complaint to his______who shall handle in accordance with this policy.
immediate supervisor
.08 COMPLAINT INVESTIGATION RESPONSIBILITIES
C. Section Commanders/Unit Directors
3. Section commanders receiving complaint investigation packets on formal complaints shall:
c. Upon receiving concurrence from the ______, temporarily relieve from duty a sworn
member accused of serious misconduct or suspected criminal activity; and
d. Immediately notify the _____and the ______of such action.
c) ranking officer on duty
d) division commander
Internal Affairs Unit
.08 COMPLAINT INVESTIGATION RESPONSIBILITIES
E. Internal Affairs Unit
1. The Internal Affairs Unit shall receive line complaint disposition reports and formal complaint investigation
packets from _______.
division commanders
.11 COMPLAINT DOCUMENTATION RETENTION
A. Individual Officers
1. An officer may maintain personal records involving matters of potential disciplinary action which involve him.
2. The only official disciplinary documentation permitted in any officer’s possession is that which the ______.
officer personally prepared
T or F
.11 COMPLAINT DOCUMENTATION RETENTION
Many supervisory officers maintain informal notes regarding the activity of their personnel. However, the
personal retention of any forms, reports, or official documentation regarding formal or informal disciplinary
investigations of direct subordinates is prohibited.
True
.12 CHIEF’S ADVISORY ACTION BOARD
d. Citizen members must be present to hear the following types of cases:
(1) Cases involving the ____, _____, _______; and
(2) Any case in which the officer who is the subject of a complaint or a complainant requests citizen
member participation, if it is reasonably possible based on the workload and availability of the citizen
members.
use of force, bodily injury, and unlawful search and seizure
.13 CHIEF’S ADVISORY ACTION BOARD PROCEDURES
5. The respondent is allowed the opportunity to speak before the Board by the Board Chairman. A respondent’s
absence at a hearing is not considered in the final deliberations and has no bearing on the outcome. The
respondent’s right to be heard is subject to the following limitations:
c. The respondent may request to have a supervisor present who may provide input if requested by the Board. The sworn member directs such requests to their _______, who then notifies the supervisor requested to appear. All such appearances are made on a voluntary, non-remunerated basis.
commanding officer
.13 CHIEF’S ADVISORY ACTION BOARD PROCEDURES
6. The respondent may not grieve the failure to receive notice of a hearing by the Board, unless the failure is
_______.
alleged to have been intentional
.13 CHIEF’S ADVISORY ACTION BOARD PROCEDURES
11. The complainant may not have an attorney present or any other person as a representative. However, at the
Chairman’s discretion, they should be afforded the opportunity to have a ______present. This person’s role should be to provide support to the complainant or witness and not be disruptive or an active
participant.
non-legal representative
.13 CHIEF’S ADVISORY ACTION BOARD PROCEDURES
12. The Board will discuss the case, generally using the following guidelines:
a. The discussion process will be _____.
b. All dialogue shall be confined to the facts of the case and information presented as a result of the Internal
Affairs Unit investigation or the testimony provided.
c. Discussion regarding the _____is not permitted.
d. Discussion is directed toward the determination of whether the action of the respondent _____ an applicable standard.
a) informal
c) respondent’s character
d) violates or does not violate
.14 MISCONDUCT CASE FINDINGS
C. Following a finding of “Sustained,” a discussion shall be held to determine a recommendation for disciplinary action or other remedy. The discussion should include:
- Other remedies or alternative courses of action directed towards a behavior adjustment or awareness on the part of the officer include, but are not limited to:
a. R_____, especially for pattern violations;
b. J_____, either temporary or permanent; or
c. P_______and recommendation.
a. Retraining courses
b. Job relocation
c. Psychological evaluation
.16 CITY VEHICLE ACCIDENT CASE FINDINGS
H. The ______shall record the findings and point assessments in the sworn member’s departmental driving record file.
Homicide Unit representative
.16 CITY VEHICLE ACCIDENT CASE FINDINGS
J. Any crash that results in a death, regardless of the ruling by the Board, is forwarded to the ______ for review.
District Attorney’s Office
