GM- Section 303 Flashcards
True or False
Does the disciplinary procedure supersede a criminal investigation or alleged violations of criminal laws or statutes?
False
Name the two complaint boards used to address complaints on officers?
CARB- Complaint and Administrative Review Board (Chiefs Advisory Action Board)
CERB- Crash Evaluation and Review Board (Chiefs City Vehicle Accident Advisory Action Board)
What are the 3 disciplinary procedures used to address considerations and expectations?
Community and External concerns
Departmental or internal concerns
Employee Concerns
Who will coordinate all investigations of alleged non-criminal misconduct by sworn officers?
Internal Affairs Unit
Who will determine which unit will investigate allegation of criminal misconduct?
The Chief of Police
How will officers report to their supervisor if involved in a matter in which LE is called?
Verbally and in writing on SAPD for 200-OR
What action should an officer take if handling a call involving another SAPD officer?
Notify a supervisor before leaving the scene
What is a Type A line complaint?
The complainant requests contact by the sworn members supervisor
What is a Type B complaint?
The complainant does not wish to be contacted by a supervisor but relates a potentially substantive problem.
How many days are line complaints allowed to take for investigation?
21 days
The investigation of a line complaint shall…
be confined strictly to the complaints detailed in the complaint investigations packet.
How long does an officer have to agree to contemplated disciplinary action?
5 days and failure to do so will cause the case to be forwarded to IA
Can an officer have an attorney present during interviews with their commanding officer?
No
Can an officer seek advise from and attorney or Assoc. Rep during the 5 days?
Yes
What violations consider a formal complaint?
Behavior infractions
Conduct that would constitute a crime
Disciplinary action that would exceed 3 days
Harassment/ discrimination
Racial profiling
Unnecessary or excessive force
Any incident that may require formal disciplinary action
If notified of a formal complaint, expedited disciplinary track can be requested by
a written request made to the Chief of Police
Both the officer and Chief agree to the expedited track
and disciplinary action must be enacted within 30 calendar days of the agreement
Once a suspension is agreed on, can an officer appeal to and Civil Service Commission, an arbitrator, or any court?
No, once an officer agrees on suspension it may not be appealed
Can the expedited disciplinary track be requested within 60 days of the 180 calendar timeline?
No
What are reasons that would constitute a service complaint?
Call response times
Handling of a civil matter
Discretionary call screening
Unavailability or delay of other police services
Any other complaint that does not involve officer misconduct
Supervisory officers receiving a line complaint shall send what information through Blue Team and chain of command?
The complainant contact information, nature of the complaint, details specific to the event that caused dissatisfaction.
What consists of any other complaint that does not violate policy, procedure, or officer misconduct?
Information logs
Who is listed as the complainant when alleged misconduct is initiated within the department?
the “administration”
If a complainant appears in person, how should they be directed?
To the supervisor of the officer who is the subject of the complaint
If the officers supervisor is not available, to the nearest available supervisor
If a complainant calls via telephone, how shall it be handled?
To the officers immediate supervisor
the communications supervisor
to IA if during business hours
What statement is made to a complainant on a Type B complaint via phone?
It is the policy of the Dept. to contact you regarding your complaint and let your know how your complaint was resolved, how would you like to be contacted?
Supervisory officers addressing a formal complaint shall…
Notify section commanders/ division commanders of suspected criminal activity
Contact and interview the complainants
Refer complainants to IA for formal complaints
Interview and obtain written reports from the officer and all witnesses
Prepare preliminary complaint investigation packets
Only make recommendation of no disciplinary action or if complaint goes to IA
Create Blue Team
On all complaints, Section commanders/ unit directors shall
Assign supervisory officers to investigate
On line complaints, review/ evaluate disposition and implement disciplinary action when necessary (3 days)
forward the complaint to division commander/ Div Admin Sgt
Section Commanders upon receiving formal complaint investigation packets
Review and evaluate reports in Blue Team
Forward reports to division commander
Temporarily relieve officer of duty on major misconduct
Immediately notify DC and IA of such actions
Officer are notified _________ hours prior to being interrogated or asked to respond to an investigation of the general nature of the investigation and shall be provided with sufficient information to reasonably apprised of the allegations.
48
Officers shall be allowed to review, but not _______ verbatim or ________, any information as listed in the current CBA
copy, photocopy
The Homicide Unit will
Investigate all police vehicle crashes
Present their findings to the Crash Evaluation and Review Board
The Police Legal Advisor shall
review disciplinary cases investigated by IA prior to submission to CARB
functions in an advisory capacity to CARB for legal interpertation
The Chief of Police Shall
Review CARB and CERB recommendations for discipline and implement disciplinary action
May implement immediate administrative, corrective, or disciplinary action
When supervisory officers conduct formal or line complaint interviews, they shall
interview at a reasonable location and time
advise disciplinary against sworn members will not be implemented without a signed, sworn complaint
written complaints shall be taken by supervisory officers assigned to IA
Supervisory officers interviewing sworn members shall
interview during a reasonable place and time
Obtain statements from sworn witnesses on SAPD form 200-OR
May have a supervisory officer accompany the officer
Officer shall submit response on SAPD form 200_OR
Who can review an officers polygraph?
Only the Chief of Police
Supervisory officers involved in investigations shall….
forward all documentations, videos, audio and photos under seal to IA.
Field counselings are a form of corrective action and are issued on SAPD form
Form 6-CR
A written counseling/ reprimand is issued in resolution of a _______ complaint, CARB, CERB outcome.
line complaint
A ____________ or higher must sign a written ____________ and a _________ or higher must sign a written_________.
Lieutenant- counseling
Captain- reprimand
A CARB quorum consists of ______ members and each member has _______ vote.
3 members, 1 vote
The Police Advisory Action Board has a quorum consists of ____ members, and each member has _____ vote.
5 members, 1 vote
The Chief of Police may allow who at the CARB meeting?
SAPOA rep
Police legal advisor
IA rep
What are the objectives of the CARB?
Correct behavior of a sworn member
Instill preventative affect for sworn members
Demonstrate that compliance with dept. mandates are required by each sworn member
Transparency in the disciplinary process
Promote trust and legitimency
Board Chairman’s responsibilities include
Custodian of all information concerning disciplinary cases
Confines confidential information to designate areas for review
Orientation for new board members
Reviews agendas 7 days before meetings
Ensures rules of order and proper decorum are followed
C.A.R.B. members responsibilities are
To protect the rights of sworn members who’s conduct is in question
Preserves dignity and confidentiality rights before, during, and after the meeting
Avoids bias in their obligation
Cases presented to the board come from __________ and _________
IA as a formal complaint
Chief of Police,
The chairman shall advise the respondent….
Testimony is voluntary
Rules and decorum of the proceedings
Questions can be asked by board members
They can decide to speak or answer questions or not to speak or answer without penalty
The board will discuss the case, generally using what guidelines?
Discussion process will be informal
Discussion shall be confined to the facts of the case and information presented
The respondents character is not discussed
Determination on whether the action was a violation or not
What are the two determinations after discussion?
Ready to vote
Further investigation
What are the 4 possible findings of an C.A.R.B. meeting?
Unfounded
Inconclusive
Sustained
Justified
If the chairman calls for a vote by secret ballot, what guidelines must be followed?
A recommendation of disciplinary with out influence from others
A majority vote controls
Subsequent discussion or votes may occur
Failure to achieve a major is reflected and sent the Chief
A Crash Evaluation and Review Board consists of __________ member and each member has ________ vote?
3 members
1 vote each
Chief may allow the _________, ____________, ____________, or ___________ to attend the meeting.
SAPOA rep
Police Legal Advisor
Homicide Unit rep
COSA Risk Mgmt Rep
The case is either a ___________ or a _____________ finding of the meeting.
Non-chargeable
chargeable
Point assessments for a non-chargeable crash are ______ points and __________ for a chargable.
0- Non-chargeable
2- Chargeable
Additional points for chargeable accidents are?
$15,000 or total loss are (2) points $5,000 to $15,000 (1) point SBI but not death (2) points min BI (1) point Unsafe speed or operation (1) point min Death- Chief administers dicipline
Based on cumulative point assessment, the board recommends displinary
1-2 point Written Counseling
3 points Written Reprimand
4 points 1 day susp
5 points
Based on cumulative point assessment, the board recommends displinary
1-2 point Written Counseling 3 points Written Reprimand 4 points 1 day susp 5 points 3 day susp 6 points 5 day susp 7 points 10 day susp 8+ points Min 15 day suspension, possible indefinite, or job reassignment
Who records the finding and point assessment on the members driving file?
Homicide Unit
Regardless of the points assessed, if the result was a death the crash is forwarded to ______________ for review.
Dist Attorneys Office
If an officer is involved in ____ accidents in a ______ month period, the officer will be placed on special assignment or required to ride double with another officer until they attend a remedial driving class at the academy.
2 accidents in 12 months
