Managing employee Performance and conduct Flashcards
Adjudications of Complaints should be written in the ___ ____.
Second person
All statements should be ____ ____
tape recorded
Appropriate discipline provides ______ to employees to respect Department values and adhere to Department ____, _____, rules and regulations.
MOTIVATION, Policies & Procedures
Can the information in the Contact Reports be shared with other supervisors?
Yes, depending on their need to know.
Define: Clear and Convincing
The conduct was substantially more likely than not to have occurred.
Define: Preponderance of the Evidence
The great weight of the evidence; supervisory evidentiary weight that, though not sufficient to free themed wholly of all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Disposition: State the alleged rule, regulation or procedure violation and what the finding was: ____, ______, _____, _____, ______, ________.
Unfounded, exonerated, not sustained, sustained, misconduct not based on complaint, policy failure.
Do you make a copy of the document and give it to the complainant?
Yes, and read them the warning
Findings Section: Give a brief description of what you _____ to be _____ during your investigation.
Found to be True
For minor performance issues, the supervisor is required to have at least _____ documented counseling sessions before moving to a ___ __ _____ that may lead to discipline.
two, Statement of Complaint
Generally, IA will investigate allegations of a serious nature that may lead to a _____ or greater, issues that will take a substantial amount of ____ and anything that comes from the ____ ____ _____.
Suspension, Time, Citizen Review Board
Held in Abeyance: No more than ____ of any suspension can be held in abeyance.
HALF
_____ hours notice will be given to all employees.
48
If it is determined that an investigation is to be completed, the employee will be provided an ____ ____ ____ ____ _______.
Employee Notification of Internal Investigation
If the complainant is present, should you have them to initial the narrative portion?
yes
If the complainant refuses to sign the narrative portion, what should you do?
Indicate that they refused.
If you record your interview with the complainant, should you send the recording to IAB with the SOC?
yes
Investigative Summary: The criterion, ___, ___, _____, ____, ____ and ____ questions are appropriate here.
Who, what, when , where, what and how
Investigative Summary: This section of the report is distinguishable because its purpose is to provide a ______ _____ of your investigation.
Complete Description
The investigator is required to complete an ____ ____ ___ ____ that memorializes all the facets of the investigation.
Investigative Report of Complaint
A ___ ____ is merely documentation of the counseling that occurred, so it should be completed _____ your conversation with the employee.
CONTACT REPORT, AFTER
It is requirement that the employee be informed on the name of the person _____ ____ _____.
Conducting the Interview
Levels of Discipline?
Written Reprimand, Transfer to a Different Assignment, Suspension, Demotion/Reduction in Grade and Termination.
Most minor issues can be corrected with counseling. Counseling should be done in ______ and should be ____, however, in some cases, it may be appropriate to have another supervisor present.
Private & Instructive
The PMSA and PPACE contracts also provide for _____ from a _____ _____.
Removal, Promotional List
Prior to conducting any interview, the employee will be given the Employee Obligation and Protections in an Internal Investigation form. The employee will be required to ____, _____ and ____ this form in all the appropriate spaces.
READ, SIGN, INITIAL
Purpose of discipline?
To maintain order and efficiency in the organization
A record of the counseling session, which is referred to as a ____ _____, will be maintained in the employee’s performance file.
contact report
REMEMBER: Contact Reports will be purged from the SEPF one year from the date of issuance. However, if the Contact Report is connected to a disciplinary issue, it will be kept until any?
appeal process has been exhausted.
Remember “option” _____ ______ be applied after-the-fact in a grievance situation, so offer it up-front if you deem it to be appropriate.
should not
The subject employee is entitled to _____ representatives during the investigation.
two
Subordinates should be reminded it is the supervisor’s goal and objective to ensure the employee’s _____ in an assigned position
Success
Supervisor Responsibilities are?
. Check work history, check decision handbook, determine discipline, complete Adjudication of Complaint and process AoC.
Supervisors may do what to motivate employees to improve performance and correct behavior?
Counseling
The supervisor will have the employee sign ______ the chain has reviewed and signed the document.
after
Suspension with Option: When administering a suspension, the supervisor determines when the suspended hours will be taken based upon ____ _____.
Operational Needs
The Synopsis of Complaint should encompass the detail from the ___ _____ made by the complainant and any other information obtained from the complainant once he has been ___ by the _____.
Original Complainant, Interviewed by the Interviewer
(T/F) All complaints against LVMPD employees will be documented on a Statement of Complaint and forwarded directly to the IAB for review and assignment for investigation.
true
(T/F) Although documentation of a counseling session is not considered a disciplinary action, it is still considered a corrective measure.
true
(T/F) An Adjudication of Complaint is not necessary if the corrective action is counseling and no disciplinary action (written reprimand or greater) is taken.
true
(T/F) Fro a SUSTAINED finding, the CLEAR and CONVINCING standard must be met; except for DIVERSITY investigations in which the burden of proof is a PREPONDERANCE of the EVIDENCE.
true
(T/F) IA will determine whether they or the affected bureau will conduct the investigation.
true
. (T/F) If the allegation is true, the allegation is minor, the allegation does not fall under a line item in the guide and there is no comparable discipline, Supervisory intervention may be appropriate.
true
. (T/F) In the event there is no consensus between the chain of command and/or Labor Relations on the level of discipline to be applied, as set out by this guide or recommendations form Labor Relations, a meeting will be held with the appropriate DC and the DC of the Professional Standards Division in order to come to a resolution.
true
(T/F) It is NOT appropriate to incorporate training into a disciplinary adjudication.
true
(T/F) It is required that a description of the nature of the investigation and a summery of the alleged misconduct be given.
true
(T/F) The communication between the supervisor and the employee which occurs when the employee is being given the AOC should be documented in a Contact Report and placed in the employee’s performance file, after being initialed.
true
(T/F) The notice should NOT include any specific citation of a Department procedure, policy or regulation.
true
(T/F) The supervisor should document any counseling session that occurs with his/her employees. This documentation MUST be shared with the employee and the employee requested to read and initial.
true
(T/F) This form will always be provided to subject and witness employees
true
(T/F) When faced with any complaint, supervisors will prepare a brief summary of the allegations or deficiencies on the Statement of Complaint.
true
When appropriate, all supervisors should strive to resolve minor ____/____ problems without the use of discipline.
performance/conduct
When the narrative of the ___ __ ____ is complete and approved by ___ ____, the supervisor will send it through the chain for signature
Adjudication of Complaint, Labor Relations
Who can assist you in completing the Adjudication of Complaint?
Office of Labor Relations
Will the investigation/supervisor inform the employees association when the interview will occur?
Yes
will the witness officer/employee be allowed to have a rep present?
yes
The purpose of discipline is to maintain order and efficiency in the organization. Appropriate discipline provides _______ to employees to respect Departmental Values and adhere to Department policies, procedures, rules and regulations.
motivation
T/F Supervisors should strive to resolve minor performance/conduct problems without the use of discipline.
true
______, can be used by supervisors to motivate employees to improve performance or correct behavior.
COUNSELING
The purpose of discipline is to maintain order and efficiency in the organization. Appropriate discipline provides _______ to employees to respect Departmental Values and adhere to Department policies, procedures, rules and regulations.
MOTIVATION
T/F Major suspensions, Demotions/Reductions in Grade, and Removal From a Promotional List must be approved by the Sheriff prior to serving the Adjudication of Complaint
true
t/f No more than HALF of any suspension can be hours held in abeyance
true
T/F removal from a promotional is considered a “major disciplinary action”.
true
PREPONDERANCE OF THE EVIDENCE
The greater the weight of the evidence; superior evidentiary weight that, though not sufficient to free the mind wholly of all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
CLEAR AND CONVINCING
The conduct was substantially more likely than not to have occurred
t/f For a sustained finding, the CLEAR AND CONVINCING STANDARD must be met. For Diversity investigations, the burden of proof is a PREPONDERANCE OF THE EVIDENCE.
true
Interviews should not go beyond _____hours, unless there is mutual agreement to do so
FOUR (4)
Counseling should be done in ____ and should be ______. In certain situations, it may be appropriate to have another supervisor present.
private. instructive
T/F The supervisor should document any counseling session in a contact report and should be shared with the employee, for the employee to read and initial.
true
The ______ will be used when allegations are minor in nature, do not require discipline as set out by the Disciplinary Decision Guide, and would best be addressed with supervisory intervention through coaching, counseling, mentoring, mediation, or any component of the Early Identification and Intervention Program.
SUPERVISORY INTERVENTION FORM
t/f The noticed SHOULD NOT include any specific citation of Department procedure, policy or regulation. This determination will be made once the investigation is completed.
true
T/F Internal Affairs will determine whether they or the affected bureau will conduct the investigation.
true
When faced with any complaint, supervisors will prepare a brief summary of the allegations or deficiencies on the _______form.
STATEMENT OF COMPLAINT
T/F The EMPLOYEE NOTIFICATION OF INTERNAL INVESTIGATION form will always be provided to the subject and witness employees within FORTY-EIGHT (48) hours’ notice. A copy will be faxed to the employees Association office.
TRUE
T/F Counseling is designed to correct problems at their root and alleviate the need for discipline.
TRUE
T/F Subordinates should be reminded it is the supervisor’s goal and objective to ensure the employee’s success in an assigned position.
TRUE
T/F Documentation of a counseling session is not considered a disciplinary action, it is considered a corrective measure
TRUE
T/F Documentation of a counseling that occurred, should be completed AFTER your conversation with the employee.
TRUE
