PAID 3-75 Flashcards
The command discipline procedures encourages the resolution of the disciplinary problems at the
Unit level by treating them as non adversary proceedings. When the commanding officer determines that command discipline will be effective, informal non judicial proceedings may be initiated and concluded at this level, and the required reports forwarded through the chain of command to the borough command
There are 2 types of disciplinary procedures
- 1st informal and non judicial
* 2nd formal and judicial
When misconduct is admitted or substantiated, these procedures provide for measures of progressive severity, beginning with
Instruction and reprimand, progressing to command discipline penalties, suspension of OT privileges, detail, loss of vacation, or forfeiture of up to 7 days pay and finally institution of formal judicial proceedings before the Office of Administrative Trials and Hearings (OATH). The penalties that may be imposed in formal proceedings are reprimand, 10 days pay for each offense, or dismissal from the force. In order to avoid necessity of a hearing the parties may also agree to other penalties
The members voluntary consent is
Required before command discipline can be imposed. Acceptance of non judicial discipline must be in writing on the complaint report as an affirmative election of both the concept of the non judicial proceedings and of the penalty
Refusal of command discipline is considered an
Election to proceed via formal charges and judicial proceedings
There are NO merit deductions on promotional examinations for members accepting non judicial proceedings, nor shall penalties be published on Department Orders. Executive Order 16 as amended requires that
Non judicial discipline be expunged from the members record ONE year after the members ACCEPTANCE of the penalty, but only if the member has not been the subject to discipline as a result of any subsequent informal or formal proceedings
Loss of pay penalty is used as the
Last resort
Within ___days of the alleged misconduct interviews and investigation completed and member informed of the proposed penalty
7 days
Within _____ days of the notification of the proposed penalty member must indicate acceptance or rejection on complaint report
5 days
Within ____ days of members election required reports submitted and penalty initiated
2 days
When it is not possible to complete the command discipline process in 2 weeks the reason for delay must be noted on
Form BP-87
Before the accused member is questioned what must be done
His rights must be read to him
If necessary the interview of the accused member may be delayed up to
48 hours to allow for union or legal representation
Company commanders shall conduct all disciplinary interviews for
Lieutenants and firefighters assigned to their units
Battalion Commanders shall conduct all disciplinary interviews for
Company Commanders assigned to their battalion
Covering and relief lieutenants ASSIGNED to their battalion
