Investigations/Complaints 1.2.5 Flashcards
Deviations in the investigation process can be authorized by whom?
Fire Chief or his designee
What is the set standard on the progression of discipline?
There is none.
What are the four factors to be considered for the progression of the disciplinary process?
How many offenses involved?
Seriousness of offenses?
Time interval and employee response to previous discipline.
Previous work history.
When performance issues are noted in an employee, what are COs encouraged to do?
Document necessary conversations.
When counsel is necessary, or an infraction is of a minor nature, what should be generated?
Letter of guidance
To whom should letters of guidance be forwarded?
HR director
To whom should a copy of a letter of guidance be forwarded?
Assistant Chief
If an infraction has the potential to necessitate anything more formal than an LOG, who should the infraction be forwarded to ?
Assistant Chief
For infractions more serious than those requiring an LOG, who will determine the need for investigation and make appropriate assignments?
Assistant Chief
_________are an opportunity for the District to improve our operations and/or public perception of the services we provide.
Complaints
What shall be done with all complaints?
Accept and document them.
Is the complaint process incumbent on the cooperation of the complainant?
No
If the complainant is not cooperative in the complaint process, who shall the complainant be listed as?
The District
From what seven sources can a complaint originate?
An individual Third party observer or otherwise aware of problem Anonymous source District employee District chain of command Non district source Civil claim or suit
What information, at a minimum, should be collected from a citizen making a complaint?
name
phone number
nature of complaint
What is the timeframe for an employee to make an officer aware of a complaint that has been received?
within the employees duty shift
If the employee has concerns that members in the chain of command may be involved in the misconduct who should they notify?
HR Director or Assistant Chief
When misconduct is occurring in the presence of the officer, what shall the officer do?
Intervene as appropriate to stop the action.
Who may initiate an immediate preliminary investigation?
The officer who observed the incident.
What two things shall the officer or HR director do upon becoming aware of a complaint?
Refer to the AC
Forward complaint to HR or AC
What three types of complaints are there?
Misconduct
Negligence
Dissatisfaction
What three levels of misconduct and negligence complaints are there?
Serious-possible termination
Minor-termination unlikely
Undetermined
A deliberate violation of a rule, policy, regulation, or directive.
Misconduct
The omission to do something which a reasonable person, guided by those considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent person would not do.
Negligence
Which two people have the responsibility to ensure that each complaint is processed and when necessary, followed up by an investigation?
AC
HR Director
To which entities (6) may the AC assign an investigation?
Line officer DC BC HR outside agency outside investigator
As a general rule, investigations conducted by whom (2) shall be limited to those that can be conducted in a relatively informal manner, and shall not include the issuance of formal admonishments, the taking of formal recorded statements, or the collection of evidence?
line officers
BC’s
Who may reclassify an informal investigation as a formal investigation and reassign it as deemed appropriate?
AC
The initial questioning of persons to determine if a violation occurred.
informal inquiry
Questioning of an employe identified as an alleged offender, or the accused, either through formal inquiry or direct knowledge of the investigating officer, shall be considered what?
An interrogation
What is the proper order of interview subjects?
- complainant
- non employee witnesses
- employee uninvolved witnesses
- employee involved witnesses
- accused employee(s)
How much, and what type of notice is required prior to an interrogation?
48 hours
written
When must an interrogation be conducted?
on duty
7am-4pm
What shall be the location of an employee interrogation?
District facility
Who may accompany an employee to an interrogation?
A representative
When may a representative of an employee at an interrogation speak?
To present circumstances that the employee may be unaware of.
Employees may request a copy of the interrogation recording, as well as a transcript, at what cost?
no cost
If an employee desires to appeal a decision, to whom and within what time frame shall they appeal?
AC
48hours
Who acts as the hearing officer for an appeal?
AC or designee
When shall the decision on the outcome of an appeal be announced?
At the close of the hearing.
