GO 120.21 Sworn Employee Discipline Flashcards

1
Q

Who has the final authority with respect to discipline?

A

The COP

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2
Q

What are the two types of discipline?

A

Corrective action and Adverse action

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3
Q

What are the 3 types of Corrective Action?

A

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

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4
Q

How long can an OR be used for consideration?

A

Three years

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5
Q

How long can a LOR be used for consideration?

A

Two years

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6
Q

What is considered adverse action?

A

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

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7
Q

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

A

No time limit

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8
Q

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

A

Three years

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9
Q

What are the types of EBD (Education Based Development)

A

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

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10
Q

When can EBD be offered?

A

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

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11
Q

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

A

90 (corrective) or 180 (adverse)

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12
Q

When is the “notice of the act”?

A

The date the IS numbers were obtained.

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13
Q

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

A

AFTER the conclusion of the criminal investigation.

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14
Q

What is used to determine the appropriate level of discipline?

A

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

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15
Q

Who determines the recommended disciplinary action based on the TOP?

A

The commanding officer

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16
Q

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

A

DRD

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17
Q

Members may request a resolution conference

A

prior to the imposition of discipline

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18
Q

Resolution Conference shall be scheduled within how many business days?

A

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

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19
Q

Who may conduct a resolution conference for corrective action?

A

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

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20
Q

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

A

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

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21
Q

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

A

DRD Director or designee the rank of inspector or above

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22
Q

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

A

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

23
Q

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

A

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

24
Q

Members are eligible for EBD one time within…

A

a three-year period.

25
Q

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

A

15 business days.

26
Q

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

A

The Motor Vehicle Take Home Program

27
Q

If a member fails to successfully complete EBD…

A

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

28
Q

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

A

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

29
Q

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

A

Up to 10 hours

30
Q

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

A

Up to Four hours

31
Q

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?

A

Up to Two hours

32
Q

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.

A

True

33
Q

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

A

Three business days.

34
Q

Corrective action may be appealed to whom?

A

Their Bureau Head

35
Q

Adverse Action may be appealed to whom?

A

The COP

36
Q

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

A

25 business days

37
Q

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

A

forfeit accrued annual leave or compensatory time.

38
Q

How long is discipline held in abeyance held for?

A

minimum of 12 months.

39
Q

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

A

Up to 10 hours.

40
Q

Are members eligible for a resolution conference in termination cases?

A

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

41
Q

A termination hearing is a fact-finding forum to…

A

make a non-binding recommendation to the COP.

42
Q

A termination hearing panel shall consist of…

A

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).

43
Q

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

A

25 business days

44
Q

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

A

15 business days

45
Q

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

A

15 business days

46
Q

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

A

the DRD director

47
Q

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

A

within 20 business days

48
Q

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

A

The complainant’s written response to the proposed recommendations.

49
Q

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

A

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

50
Q

Tier 1’s penalties consist of…

A

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

51
Q

Tier 2’s penalties…

A

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

52
Q

Tier 3 penalties

A

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

53
Q

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

A

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).