G.O. 5.1.0 DISCIPLINE Flashcards
The disciplinary appeals board that hears the appeal of an appellant holding the rank of Corporal or higher, the board shall consist of one (1) Captain, one (1) Lieutenant/Commander and one (1) Deputy Sheriff.
True
False
False
GO 5.1.0 (4 K 2 b)
The disciplinary appeals board that hears the appeal of a Deputy Sheriff shall consist of one (1) Captain, one (1) Lieutenant/Commander and one (1) Deputy Sheriff. A subordinate ranking board member may not report in his or her chain of command to anyone of higher rank on the board. For appeals involving an appellant holding the rank of Corporal or higher, the board shall consist of one (1) Captain, one (1) Lieutenant/Commander and one (1) member from a rank equal to or higher than the appellant’s rank.
General Provisions for Discipline Dispute Resolution Cases
Nothing discussed at any meeting held pursuant to this policy shall be binding upon any party until a final agreement is approved by the Director of Human Resources or designee.
True
False
False
GO 5.1.0 (4 H 14 5)
General Provisions for Discipline Dispute Resolution Cases
Nothing discussed at any meeting held pursuant to this policy shall be binding upon any party until a final agreement is approved by the Sheriff or designee.
The only form needed for someone on disciplinary probation is the Notice of Disciplinary Action Form.
True
False
False
GO 5.1.0 (4 D 4 b)
The disciplining authority shall ensure the Disciplinary Probation Statement Form (#10-1692) is attached to the employee’s Notice of Disciplinary Action Form.
The Administrative Review Captain is not required to audio record any of the proceedings for an Administrative Review.
True
False
False
GO 5.1.0 (4 K 1 h)
The Administrative Review Captain shall convene the hearing, identify him or herself, identify the appellant, identify all other persons attending, and explain the purpose of the proceedings. The Administrative Review Captain shall ensure the hearing is audio recorded in its entirety and all recordings are appropriately marked.
For alleged violations of agency policy for which intended discipline will not exceed a written reprimand the employee’s Lieutenant/Commander, equivalent, or designee (approved by the employee’s chain of command), may conduct an inquiry regarding the alleged violation.
True
False
True
GO 5.1.0 (4 H 14)
For alleged violations of agency policy for which intended discipline will not exceed a written reprimand, including standards of conduct set forth in General Order 5.1.3, subparagraphs (4) Leaving Duty Post, (8) Courtesy and Respect, (10) Personal Appearance, (18) Posting of Bonds, (20) Reporting for Duty, (24) Legal Involvement, (32) Damage or Loss of Property, (34) Misuse of Breaks/Meals, (44) Operating Vehicles, (47) Telephones, (49) Identification, the employee’s Lieutenant/Commander, equivalent, or designee (approved by the employee’s chain of command), may conduct an inquiry regarding the alleged violation
The Disciplinary Appeal Board hearing shall be conducted within 14 calendar days of the signing of the notice of appeal.
True
False
False
GO 5.1.0 (4 K 2 e)
The hearing shall be conducted within twenty-one (21) calendar days of the signing of the notice of appeal. The board chairperson shall determine the location for the hearing and contact the appellant to schedule it. The board chairperson shall also contact the investigating authority and the disciplining authority when scheduling the hearing to ensure availability. The board chairperson may approve a reasonable extension of time.
The disciplinary appeals board that hears the appeal of a Deputy Sheriff shall consist of one (1) Captain, one (1) Lieutenant/Commander and one (1) Sergeant.
True
False
False
GO 5.1.0 (4 K 2 b)
The disciplinary appeals board that hears the appeal of a Deputy Sheriff shall consist of one (1) Captain, one (1) Lieutenant/Commander and one (1) Deputy Sheriff. A subordinate ranking board member may not report in his or her chain of command to anyone of higher rank on the board. For appeals involving an appellant holding the rank of Corporal or higher, the board shall consist of one (1) Captain, one (1) Lieutenant/Commander and one (1) member from a rank equal to or higher than the appellant’s rank.
LRM means Labor Relations Manager
True
False
True
The Administrative Review Captain does not have wide latitude to exclude from consideration evidence that is irrelevant or otherwise does not meet the requirements of this policy.
True
False
False
GO 5.1.0 (4 K 1 f)
The Administrative Review Captain shall have wide latitude to exclude from consideration evidence that is irrelevant or otherwise does not meet the requirements of this policy and to run the hearing as he or she deems appropriate to support its efficiency and effectiveness. Any person who disrupts the proceedings may be ejected.
If the parties reach a proposed agreement in the DDRP, it will be reduced to writing by the LRM or designee. The employee and the LRM or designee shall sign the agreement. If the signed agreement involves discipline of an oral reprimand through 80 hours suspension, it shall be implemented. If it involves discipline of 81 hours or more, up to and including demotion or termination/resignation, the agreement is subject to approval by the Sheriff or designee. If the Sheriff or designee approves the proposed agreement, it shall be considered final and implemented.
True
False
False
GO 5.1.0 (4 H 12)
If the parties reach a proposed agreement, it will be reduced to writing by the LRM or designee. The employee and the LRM or designee shall sign the agreement. If the signed agreement involves discipline of an oral reprimand through 120 hours suspension, it shall be implemented. If it involves discipline of 121 hours or more, up to and including demotion or termination/resignation, the agreement is subject to approval by the Sheriff or designee. If the Sheriff or designee approves the proposed agreement, it shall be considered final and implemented.
What is the maximum amount of time an individual has to make a verbal statement during a name-clearing meeting?
1 hour
20 minutes
15 minutes
30 minutes
20 minutes
GO 5.1.0 (4 B 8 f)
The subject, or his or her representative, may make a verbal statement not exceeding twenty (20) minutes.
There are no alternatives to a name clearing meeting other than scheduling a face to face meeting.
True
False
False
GO 5.1.0 (4 B 8 g)
As an alternative to a meeting, the person whose employment was terminated may choose to forward a written statement detailing relevant information and his or her position, along with written materials that support assertions in that statement, to the Director of Human Resources, who shall include the material in the individual’s personnel file or forward it to Professional Standards for filing, as appropriate. The statement may be written by the person whose employment was terminated or by his or her representative.
Who will control a name-clearing meeting?
Risk Management
Director of Human Resources or designee
Personnel Management Manager
None of the above
Director of Human Resources or designee
GO 5.1.0 (4 B 8 d)
The Director of Human Resources or designee shall determine the location for the meeting, and he or she shall contact the person whose employment was terminated (“the subject”) to schedule it. The meeting is not open to the general public. The Director of Human Resources or designee shall have wide latitude to run the meeting as he or she deems appropriate to support its efficiency and effectiveness.
the agency member appealing a disciplinary action
Appellant
Career Change Personnel
Business day
Exempt Personnel
Appellant
agency members who change from sworn to non-sworn
or vice versa, and who have not completed their designated probationary period for
the new position.
Appellant
Career Change Personnel
Business day
Exempt Personnel
Career Change Personnel
Monday through Friday, excluding holidays
Appellant
Career Change Personnel
Business day
Exempt Personnel
Business Day
persons performing certain functions (e.g., professional,
managerial) who receive a flat salary, instead of being paid on an hourly basis, in
accordance with the Fair Labor Standards Act
Appellant
Career Change Personnel
Business day
Exempt Personnel
Exempt Personnel
levels of administrators
persons holding the rank of Major, equivalent or above.
Level 3
Level 1
Level 4
Level 2
Level 1
persons holding the rank of Captain, or equivalent.
Level 3
Level 1
Level 4
Level 2
Level 2
persons holding the rank of Lieutenant/Commander, or
equivalent.
Level 3
Level 1
Level 4
Level 2
Level 3
persons holding the rank of Sergeant, or equivalent.
Level 3
Level 1
Level 4
Level 2
Level 4
A supervisor’s record in awarding discipline must be documented and evaluated in his or her annual performance evaluation.
True
False
True
GO 5.1.0 (4 E 6)
The Sheriff is the ultimate authority in all matters of discipline.
True
False
True
GO 5.1.0 (4 K 3 a)
Certain administrative actions do not constitute formal discipline, though they may negatively impact employees. There is no appeal for these actions, which include but are not limited to the following (select all the correct answers):
Transferring or reassigning employees
Relieving an employee from duty pending an investigation or in response to fitness for duty concerns
Withdrawing, or limiting the use of, an agency-issued vehicle
Delaying or disapproving a merit increase
Only 1, 2 & 3
Extending probationary period
Eliminating positions
Suspending or prohibiting participation in the agency’s off-duty employment program
Only 2, 3 & 5
Relieving an employee from duty pending an investigation or in response to fitness for duty concerns, Transferring or reassigning employees, Eliminating positions, Withdrawing, or limiting the use of, an agency-issued vehicle, Delaying or disapproving a merit increase, Extending probationary period, Suspending or prohibiting participation in the agency’s off-duty employment program
GO 5.1.0 (4 A 1)
The Administrative Review Captain shall note the date that he or she received the notice of appeal; the hearing shall be conducted within seven (7) calendar days of that date.
True
False
True
GO 5.1.0 (4 K 1 c)
The Administrative Review Captain shall note the date that he or she received the notice of appeal; the hearing shall be conducted within seven (7) calendar days of that date.
Failure to achieve minimum skill levels during remedial training shall be reported to _____________
employee’s immediate supervisor
Personnel Management Manager
Risk Management
HRD
Employee’s immediate supervisor
GO 5.1.0 (4 C 2 c)
Employees will not be released from remedial training until they have acquired the minimum skill levels required by the agency. Failure to achieve these minimum skill levels shall be reported to the employee’s immediate supervisor for action.
A copy of the Sheriff’s decision and all original recordings and documents related to an appeal, shall be forwarded to Professional Standards. Professional Standards will forward a copy of the final disposition (e.g., “Notice of Disciplinary Action”) to the Human Resources Director for inclusion in the employee’s personnel file. A copy of the Sheriff’s decision shall be forwarded to the appellant’s Division Commander.
True
False
True
ARC means Administrative Review Captain
True
False
True
a meeting conducted by the Human Resources Director or designee to allow terminated at-will personnel to supplement potentially stigmatizing information in the agency’s public records. This proceeding is not an appeal
Name Clearing meeting
Newly Hired Probationary Personnel
Recruits
New and Material Evidence
Name Clearing Meeting
persons who have been hired by the agency for full-time work, but who have not completed their designated probationary period
Name Clearing meeting
Newly Hired Probationary Personnel
Recruits
New and Material Evidence
Newly Hired Probationary Personnel
persons hired by the agency who are in the process of obtaining law enforcement certification (e.g., attending police academy). Their probationary period commences when they obtain law enforcement certification. At that point, they are considered newly hired probationary personnel.
Name Clearing meeting
Newly Hired Probationary Personnel
Recruits
New and Material Evidence
Recruits
relevant information that is substantial enough to alter the outcome of the disciplinary appeal, that is supported by proof, and that was not available earlier through the exercise of due diligence
Name Clearing meeting
Newly Hired Probationary Personnel
Recruits
New and Material Evidence
New and Material Evidence
The agency encourages supervisors to explore alternatives to formal discipline with the goal of improving employee productivity.
True
False
True
GO 5.1.0 (4 C)
Who shall be for maintaining a record when awarded discipline includes the mandatory completion of drug/alcohol testing, credit report checks, or training
Supervisor
Records
PSD
HRD
PSD
GO 5.1.0 (4 E 5 a)
Anytime prior to receiving a Notice of Intention to Discipline applicable to the case, an employee may request DDRP by submitting a Request to Initiate the Discipline Dispute Resolution Process Form to the Labor Relations Manager (LRM) in Human Resources.
True
False
True
GO 5.1.0 (4 H 2)
After a verbal reprimand has been removed from an employee’s personnel file, can that reprimand be considered for purposes of progressive discipline?
Yes
No
Yes
GO 5.1.0 (4 D 1 a)
Other Non-Appealable Personnel Actions include the following (select all the correct answers):
Voluntary demotion, voluntary reduction in pay, or a requested transfer that is accompanied by a signed statement
Reclassifying a deputy from a Lieutenant/Commander or above position to his or her career service rank without citing the deputy for a policy violation
Voluntary retirement
Terminating at-will personnel
Only 1, 2, 3, 4, 8 and 9
Reclassifying a deputy from a probationary promotion to his or her career service rank without citing the deputy for a policy violation. (For example, a Corporal promoted to Sergeant who is then returned to the rank of Corporal during his or her probationary period as a Sergeant.)
Voluntary written resignation
Reclassifying a civilian supervisor or manager without citing him or her for a policy violation
Only 2, 3, 6, 8 and 9
Abandoned position (e.g., left job without the required notice)
Voluntary written resignation, Voluntary demotion, voluntary reduction in pay, or a requested transfer that is accompanied by a signed statement, Voluntary retirement, Abandoned position (e.g., left job without the required notice), Reclassifying a deputy from a Lieutenant/Commander or above position to his or her career service rank without citing the deputy for a policy violation, Reclassifying a deputy from a probationary promotion to his or her career service rank without citing the deputy for a policy violation. (For example, a Corporal promoted to Sergeant who is then returned to the rank of Corporal during his or her probationary period as a Sergeant.), Reclassifying a civilian supervisor or manager without citing him or her for a policy violation, Terminating at-will personnel
GO 5.1.0 (4 B)
Examples of situations that require discipline immediately (instead of simply counseling a person) include but are not limited to all of the following EXCEPT:
excessive force
illegal discrimination
improper pursuits
tardiness
tardiness
GO 5.1.0 (4 C 1 a)
DDRP means Discipline Dispute Resolution Process
True
False
True
The immediate supervisor may exercise discretion in allowing the employee, who has been served with a Notice of Intention to Discipline, to retain the proximity card and/or MDC while he or she is reassigned until completion of the first level of the appeals process.
True
False
False
GO 5.1.0 (4 G 7)
The Division Commander may exercise discretion in allowing the employee to retain the proximity card and/or MDC while he or she is reassigned until completion of the first level of the appeals process. The agency Security Administrator shall be contacted to determine the appropriate level of access to network resources and facilities.
General Provisions for Discipline Dispute Resolution Cases
By signing an agreement reached pursuant to this policy, the employee waives all further appeals pursuant to policy or law, including contractual grievances concerning the investigation and discipline.
True
False
True
GO 5.1.0 (4 H 14 1)
General Provisions for Discipline Dispute Resolution Cases
- By signing an agreement reached pursuant to this policy, the employee waives all further appeals pursuant to policy or law, including contractual grievances concerning the investigation and discipline.
Employees served with a “Notice of Intention to Discipline” specifying a verbal and/or written reprimand shall be afforded an appeal to the Director of Human Resources upon request.
True
False
False
GO 5.1.0 (4 J 1)
Employees served with a “Notice of Intention to Discipline” specifying a verbal and/or written reprimand shall be afforded an appeal to an Administrative Review Captain upon request.
The “Notice of Intention to Discipline” must be signed by each supervisor in the employee’s chain of command, up to and including the Major or manager, before it is served.
True
False
False
GO 5.1.0 (4 G 3)
The “Notice of Intention to Discipline” must be signed by each supervisor in the employee’s chain of command, up to and including the Division Commander or manager, before it is served.
Effective counseling provided in a timely manner may prevent future situations requiring formal disciplinary action.
True
False
True
GO 5.1.0 (4 C 1 a)
The appropriate administrator shall serve only the “Notice of Intention to Discipline” on the employee.
True
False
false
The appropriate administrator shall serve the “Notice of Intention to
Discipline” on the employee. The administrator shall give one (1) complete
copy of the investigative report and supporting documentation (e.g.,
transcripts) to the employee at no cost.
Who maintains documentation of verbal/written counseling forms of an employee?
HRD
Division Commander Assistant
Supervisor
PSD
Supervisor
GO 5.1.0 (4 C 1 b)
Supervisors are encouraged to appropriately document all verbal counseling that is significant or repeated. By creating this record, supervisors support future disciplinary action that may be required. They are responsible for maintaining the documentation in a file and for forwarding the file to the appropriate supervisor upon the employee’s transfer, promotion, etc.
