GO 120.21 Sworn Employee Discipline

Question 1

Who has the final authority with respect to discipline?

Answer 1

The COP

Question 2

What are the two types of discipline?

Answer 2

Corrective action and Adverse action

Question 3

What are the 3 types of Corrective Action?

Answer 3

-PD750
-Letter of Reprimand (LOR)
-Official Reprimand (OR)

Question 4

How long can an OR be used for consideration?

Answer 4

Three years

Question 5

How long can a LOR be used for consideration?

Answer 5

Two years

Question 6

What is considered adverse action?

Answer 6

Any fine, suspension, reduction in rank or pay or termination.

Question 7

What is the time limit for considering past adverse action for current disciplinary action?

Answer 7

No time limit

Question 8

What is the time limit for considering adverse action for all other purposes (not progressive discipline)

Answer 8

Three years

Question 9

What are the types of EBD (Education Based Development)

Answer 9

-in-person or online training by MPA
-Reviewing relevant policy with commander (or designee)
-Attending specified, FREE, outside training.

Question 10

When can EBD be offered?

Answer 10

In lieu of corrective action or a recommended suspension of 1-10 business days.

Question 11

Disciplinary action will not be taken after how many business days?

Answer 11

90 (corrective) or 180 (adverse)

Question 12

When is the “notice of the act”?

Answer 12

The date the IS numbers were obtained.

Question 13

When there is a criminal investigation, the “90/180 day rule” begins..

Answer 13

AFTER the conclusion of the criminal investigation.

Question 14

What is used to determine the appropriate level of discipline?

Answer 14

Table of Penalties (TOP), with the appropriate consideration of aggravating or mitigating factors.

Question 15

Who determines the recommended disciplinary action based on the TOP?

Answer 15

The commanding officer

Question 16

In cased of sustained investigations where adverse action is appropriate, IAB shall forward the investigation to…

Answer 16

DRD

Question 17

Members may request a resolution conference

Answer 17

prior to the imposition of discipline

Question 18

Resolution Conference shall be scheduled within how many business days?

Answer 18

Whenever practical, 20 business days, but in all cases within 30 business days.

Question 19

Who may conduct a resolution conference for corrective action?

Answer 19

A captain or above in the member’s chain of command.

Question 20

Who may conduct a resolution conference for suspensions of 10 days or less?

Answer 20

An Inspector or above in the member’s chain of command.

Question 21

Who may conduct a resolution conference for suspensions of more than 10 days, termination, or disciplinary action recommended by OPC

Answer 21

DRD Director or designee the rank of inspector or above

Question 22

T or F: The resolution conference must be in person?

Answer 22

False. Members shall have the option to hold the conference in person or remote.

Question 23

T or F: EBD can be used in addition to corrective action?

Answer 23

False. EBD is in lieu of, not in addition to.

Question 24

Members are eligible for EBD one time within…

Answer 24

a three-year period.

Question 25

How many business days must EBD be completed once they have signed the worksheet?

Answer 25

15 business days.

Question 26

EBD cannot be considered in the selection process for which program?

Answer 26

The Motor Vehicle Take Home Program

Question 27

If a member fails to successfully complete EBD...

Answer 27

they shall receive the original discipline and may be subject to an administrative investigation as determined by the DRD director.

Question 28

What recommendations can commanding officers make in cases of adverse action to DRD?

Answer 28

Reduction in rank or removal from a specialized unit/position (but no other penalty or range)

Question 29

How many hours of admin leave may members receive to prepare their defense for a proposed suspension of more than 30 days?

Answer 29

Up to 10 hours

Question 30

How many hours of admin leave may members receive to prepare their defense for a proposed suspension of 10-30 business days?

Answer 30

Up to Four hours

Question 31

How many hours of admin leave may members receive to prepare their defense for a proposed fine or suspension of less than 10 business days?

Answer 31

Up to Two hours

Question 32

T or F: Transfers, reassignments, changes of days off, and nontraditional remedies (community service, counseling, training, professional assistance) may be used when voluntarily agreed to by a member during a resolution conference.

Answer 32

True

Question 33

After a resolution conference, how long does the official have before rendering a decision?

Answer 33

Three business days.

Question 34

Corrective action may be appealed to whom?

Answer 34

Their Bureau Head

Question 35

Adverse Action may be appealed to whom?

Answer 35

The COP

Question 36

How many business days after the resolution conference may a member submit an appeal?

Answer 36

25 business days

Question 37

In lieu of suspensions for 10 days or less, members may

Answer 37

forfeit accrued annual leave or compensatory time.

Question 38

How long is discipline held in abeyance held for?

Answer 38

minimum of 12 months.

Question 39

How much admin leave are members granted in termination cases to review the materials?

Answer 39

Up to 10 hours.

Question 40

Are members eligible for a resolution conference in termination cases?

Answer 40

Yes. They may request a conference with the DRD director prior to the first hearing.

Question 41

A termination hearing is a fact-finding forum to...

Answer 41

make a non-binding recommendation to the COP.

Question 42

A termination hearing panel shall consist of...

Answer 42

A member the rank of Commander or Inspector to serve as the Chairperson and two Captains selected by the DRD director. (Members assigned to DRD, IAD and HRMD are ineligible).

Question 43

The termination hearing panel's recommendation must be served on the affected member within how many business days?

Answer 43

25 business days

Question 44

How long does a member have to submit a written appeal to the COP for a termination hearing recommendation?

Answer 44

15 business days

Question 45

How long does the COP have to make their final determination in a termination hearing?

Answer 45

15 business days

Question 46

Who determines the discipline when OPC merits determination that sustains an allegation of miscinduct?

Answer 46

the DRD director

Question 47

How long does the DRD have to make the appropriate resolution in an OPC "merits determination" case?

Answer 47

within 20 business days

Question 48

What must the DRD give full consideration to before deciding whether to proceed with disciplinary action in OPC cases?

Answer 48

The complainant's written response to the proposed recommendations.

Question 49

Members may appeal to the DC Office of Employee Appeals in adverse action cases that results in...

Answer 49

removal, reduction in grade or suspension of 10 days or more.

Question 50

Tier 1's penalties consist of...

Answer 50

Corrective Action. (Mitigated-training and written counseling; Aggravated-N/A)

Question 51

Tier 2's penalties...

Answer 51

1-5 day suspension. (Mitigated-Corrective to 1-day suspension; Aggravated-5 day suspension through less than termination)

Question 52

Tier 3 penalties

Answer 52

Termination (Mitigated-20 day suspension through less than termination. Aggravated-N/A)

Question 53

What offenses will have no discipline for first time and no aggravated circumstances?

Answer 53

Uniform and equipment violations, outside employment, paperwork violation, negligent loss of ID card, phone, TECC kit or other non-law enforcement sensitive property, failure to complete admin report/assignment, late correspondence, failure to check email, no show, failure to schedule biennial physical, work hour limitation violation, failure to update address, 2 minute buffer BWC, failure to activate BWC (genuine belief BWC was activated).