Per 6 Disciplinary procedures

Question 1

What is Per 6?

Answer 1

Disciplinary Procedures

Question 2

Naturally, the punishment for repeated violations by employees will be greater than on prior offenses, and the intent of the department is to first, rid the department of officers who continually violate policy. True of False?

Answer 2

False; retrain the employee in an effort to salvage a valuable asset.

Question 3

_____________ is that concept which focuses primarily on training, counseling, encouragement and rewards of some type.

Answer 3

Positive discipline

Question 4

_____________, is strictly punitive in nature and always takes the form of punishment or chastisement.

Answer 4

Negative discipline; Ideally, negative discipline should only be used in cases where positive discipline would obviously be inappropriate or when serious, willful violations of policy or procedure occur. Even when negative discipline is used, the department should always consider the co-application of some aspect of positive discipline, i.e. training, etc., to encourage and reinforce correct behavior.

Question 5

Positive disciplinary actions should be taken by any Chattanooga Police Department supervisor whenever an opportunity presents itself. This action may be in the form of _____________.

Answer 5

Letters of commendation, positive comments and observations of the employee’s work, roll call training, etc

Question 6

A Counseling Form may be used as positive discipline. True of False?

Answer 6

True

Question 7

A documented counseling session shall be completed by the supervisor in________ and follow the process as outlined in ADM-16 for disciplinary procedures.

Answer 7

Blue Team

Question 8

Essential to the counseling technique for improving the quality of performance is:

Answer 8

a. Objective counseling of the employee and a sincere effort to assist the employee in improving his or her job performance;
b. An adequate, but not overly prolonged, opportunity for the employee to demonstrate profitable application of the training and/or advice of the supervisor; and
c. A realistic evaluation of the employee’s performance followed by appropriate action.

Question 9

The counseling form and all associated documents shall be treated as “working papers,” and shall be sent to ___________ for archiving through Blue Team.

Answer 9

Internal Affairs

Question 10

Supervisors must use counseling records to document the employee’s shortcomings, deficiencies or lack of expertise, and either take immediate steps to retrain or see that training is scheduled to correct deficiencies. True of False?

Answer 10

True

Question 11

The Chief of Police may order, or any __________ may recommend, additional training as is deemed necessary and appropriate under the circumstances of any particular situation.

Answer 11

supervisor

Question 12

Negative disciplinary action should be taken by any department supervisor when a situation occurs, or is brought to his or her attention where _____________.

Answer 12

Laws, department general orders, policies, procedures or administrative rules have been violated by an employee, and the violation precludes the use of positive discipline.

Question 13

What are the forms of negative discipline:

Answer 13

a. Written Reprimand - A written reprimand is a written discussion of the standards and policies that were violated. It is used to document the violation and the action taken by the supervisor. It shall also inform the employee that the written reprimand is a part of the progressive disciplinary procedure and shall include a notice that if the offense is repeated, more severe penalties shall be imposed. Procedures for documentation and acknowledgement of letters of reprimand are outlined in ADM-16, III. Letters of reprimand shall be permanently retained in the employee’s personnel file.
b. Suspension - A suspension is a disciplinary measure imposed by the Chief of Police as time off from regularly scheduled work without pay. The employee being suspended has the avenue of appeal under the provisions of the City Charter and the Chattanooga City Code, Section 2-177 or 2-185. The Chief of Police shall provide the employee a letter outlining the basis for the suspension. Records of suspensions shall be permanently retained in the employee’s personnel file.
c. Demotion - An employee may be demoted by the Chief of Police. Demotions are not restricted to a single rank level and the Chief of Police may tailor a demotion to the severity of the infraction or violation. The employee has the avenue of appeal under the provision of the City Charter and Code as cited above. The Chief of Police shall provide the employee a letter outlining the basis of the demotion. Records of demotions shall be permanently retained in the employee’s personnel file.
d. Probation - The Chief of Police may impose a period of probation, usually not to exceed one (1) year, in addition to any punitive action taken against an employee. Probation shall mean a period during which the employee shall receive increased supervision of his or her activities and during which any additional violation(s) of rules or regulations shall result in an enhancement of negative discipline.
e. Termination - An employee may be terminated by the Chief of Police. The terminated employee has an avenue of appeal under the provisions of the City Charter and Code as cited above. Should an employee be terminated from employment with the department, the employee shall receive a written letter from the Chief of Police enumerating specifics of the dismissal as illustrated in paragraph II, R.

Question 14

All records of disciplinary actions shall be forwarded to the Office of Internal Affairs for permanent storage in their secure archives. True of Flase?

Answer 14

True

Question 15

An employee’s performance evaluation shall reflect any form of disciplinary action, which occurred outside of the evaluation period. True of False?

Answer 15

False; An employee’s performance evaluation shall not reflect any form of disciplinary action, which occurred outside of the evaluation period

Question 16

What is the Supervisors Progressive Disciplinary Action?

Answer 16

1. Supervisors should utilize the lowest permissible level of disciplinary action that will effectively correct and alter behavior to comply with department standards.
2. It must be recognized that rules may be violated intentionally or unintentionally, and that certain violations of a rule may be more serious than others. In this respect, it will be within the discretionary authority of a supervisor to omit the counseling form and reprimand steps in situations where they would not be an effective means to correct or alter behavior.
3. Supervisors must be able to justify all disciplinary decisions, imposed at their respective rank.

Question 17

. The following disciplinary actions are authorized according to the rank of the supervisory member:
a. Sergeants & Lieutenants- May give a counseling form. Sergeants may also make recommendations for punitive action. Sergeants shall also be responsible for identifying unsatisfactory performance and may recommend remedial training. Lieutenants may?

Answer 17

Make recommendations for punitive action and may make a recommendation as to the range of the punitive action. Lieutenants may make recommendations for remedial training but, when doing so, must also identify the training needs.

Question 18

The following disciplinary actions are authorized according to the rank of Captain:

Answer 18

May give a counseling form or written reprimands. Captains may recommend non-specific disciplinary action above the level of a written reprimand, and shall recommend findings (sustained, not sustained, etc.) for all cases reviewed. Captains have the authority to mandate and schedule remedial training directed toward improving unsatisfactory performance.

Question 19

The following disciplinary actions are authorized according to the rank of Deputy Chief/Assistant Chief:

Answer 19

May give a counseling form or written reprimands. The Deputy Chief and Assistant Chiefs may make recommendations, which set out specific punitive action when that action is in excess of a written reprimand. The Deputy Chief and Assistant Chiefs also have the authority to mandate and schedule remedial training directed toward improving unsatisfactory performance.

Question 20

The following disciplinary actions are authorized according to the rank of Chief of Police:

Answer 20

The Chief of Police may impose any level of disciplinary action cited in this general order or authorized by the Chattanooga City Code. He/she also has the discretionary authority to administer other discipline in lieu of those cited in this general order.

Question 21

Any supervisor may relieve from duty with pay any employee for the balance of a workday under any of the following conditions:

Answer 21

a. employee is intoxicated;
b. a violation of criminal law;
c. gross insubordination or misconduct;
d. gross negligence involving loss of life or potential loss of life; or
e. any violation of rules and regulation.

Question 22

The Office of Internal Affairs shall be notified immediately when an employee is relieved of duty for conditions of ____________

Answer 22

Intoxicated Employee

Violation of Criminal Law

Question 23

The employee’s supervisor, division commander, assistant chief, Internal Affairs, the Deputy Chief and the Chief of Police shall be notified immediately of any instance where an employee has been relieved of duty under any of the above circumstances. True of False?

Answer 23

True

Question 24

The ___________ shall submit a detailed report of the circumstances leading to the relief of duty to the appropriate unit or division commander prior to the end of the workday.

Answer 24

Relieving supervisor

Question 25

In the event that an employee is relieved of duty under any of the above circumstances, it shall be the responsibility of the employee’s___________ to forward copies of all documentation to the appropriate assistant chief, Internal Affairs, the Deputy Chief, and the Chief of Police.

Answer 25

Unit or division commander

Question 26

Any officer in a relief from duty status who is scheduled for court shall be required to reschedule their court date. True of False?

Answer 26

False; honor the subpoena and must testify.

Question 27

Recommendations for disciplinary action may be initiated by filing a ___________.

Answer 27

New Incident in BlueTeam.

Question 28

When the initiating Supervisor decides to take disciplinary action he/she is required to:

Answer 28

1. Shall outline the circumstances of the incident upon which the disciplinary recommendation is based into Blue Team. The supervisor shall cite the specific Code of Conduct or policy violation in this narrative. Any additional documents supporting the recommendation shall be attached.
2. The original disciplinary package is to be forwarded in Blue Team by a supervisor with such authority (due to BlueTeam configuration) to the Internal Affairs Unit for tracking and assignment.

Question 29

If the case is assigned to the Chain of Command for investigation, the Internal Affairs Commander shall forward the incident back to the initiating supervisor for action. The Supervisor is required to?

Answer 29

1. Shall forward the disciplinary package to the employee in BlueTeam for his/her acknowledgement.
2. The employee shall forward the complaint with his/her acknowledgement back to the originating supervisor, who shall then forward up through the respective assignment chain of command for the initiation of the complaint.

Question 30

Action by Unit Commander on a disciplinary report in Blue Team:

Answer 30

The unit commander shall review the disciplinary recommendation and enter on the form his/her endorsement along with any comments. The complaint shall be forwarded to the division commander for action.

Question 31

Action by Division Commander on a disciplinary report in Blue Team:

Answer 31

The division commander shall undertake a review of the disciplinary recommendation and enter on the complaint his/her endorsement along with any comments. The complaint shall be forwarded to the assistant chief of the command or office concerned for action.

Question 32

Action by the Assistant Chief on a disciplinary report in Blue Team:

Answer 32

The Assistant Chief of the command concerned shall undertake a review of the disciplinary recommendation and enter on the complaint his/her endorsement along with any comments.

Question 33

Action by the Chief of Staff on a disciplinary report in Blue Team:

Answer 33

The Chief of Staff shall review all recommendations for disciplinary action and may recommend enhanced, reduced, or modified action to the Chief of Police.

Question 34

Action by the Chief of Police on a disciplinary report in Blue Team:

Answer 34

The Chief of Police shall review the recommendations of the chain-of-command and enter his/her final disciplinary action taken. The completed form shall be forwarded to Internal Affairs for archiving, and a copy shall be placed in the employee’s personnel file.

Question 35

Unless otherwise directed by the Chief of Police, disciplinary hearings shall be conducted based upon the recommendation for disciplinary action by the Administrative Review Committee or by the Deputy Chief as follows:

Answer 35

1. Recommendations for a suspension of five (5) days or less may be conducted by the employee’s captain or supervisor holding division commander status.
2. Recommendations for a suspension of more than five (5) days, but less than twenty-eight (28) days may be held by the Assistant Chief concerned.
3. Recommendations for a suspension of twenty-eight (28) days, demotion or termination shall be held by
   the Deputy Chief, or the Chief of Police.
4. An employee may waive his or her right to a disciplinary hearing. Any such waiver must be fully informed and voluntary. The employee must also waive his or her right to appeal the disciplinary action and affirm his or her acceptance of the proposed disciplinary action.
5. An employee may request copies of the initial complaint, Internal Affairs investigative report, and all evidence/material collected during the course of the investigation relative to the allegation(s) that have resulted in a scheduled disciplinary hearing. These documents are only releasable in hard copy format from the Office of Internal Affairs and shall be made available so the employee may adequately prepare for their disciplinary hearing. A copy of the Internal Affair’s investigative report shall be included with the letter of notification of the disciplinary hearing given to the employee from his/her chain of command.
6. An employee who is the subject of a disciplinary hearing which may result in disciplinary action up to and including termination may be required to surrender any weapons on his/her person prior to such hearing.

Question 36

Depending on the nature and seriousness of the allegations, an employee under disciplinary review may, at the option of the Chief of Police and in accordance with Chattanooga City Code, remain in full-pay status and may:

Answer 36

a. continue in his or her normal duties;
b. be placed in non-enforcement duties;
c. be temporarily relieved of all duties.

Question 37

Depending on the outcome of the disciplinary review, an employee who is formally charged or indicted for criminal offense may be:

Answer 37

a. suspended from duty with, or without pay;
b. reduced in rank;
c. terminated.

Question 38

When an officer receives written notification that he/she is being suspended from duty due to a disciplinary action, the officer shall?

Answer 38

Surrender his or her assigned weapon(s), badge, credential case, and assigned vehicle (if applicable) to the commanding officer of the Internal Affairs Division.

Question 39

Whenever an employee is dismissed as a result of misconduct, the Chief of Police shall provide the employee with a letter of dismissal, which shall contain:

Answer 39

1. A statement citing the reason for the dismissal; [26.1.7a]
2. The effective date of the dismissal; and [26.1.7b]
3. A statement of the status of fringe and retirement benefits after dismissal.

Question 40

Sergeant and Lt are authorized to give the following disciplinary actions:

Answer 40

Counseling form

Question 41

Lieutenants may make recommendations for what?

Answer 41

For punitive action
And the range of punitive action
Recommendations for training

Question 42

Captains may give the following disciplinary actions:

Answer 42

Counseling form

Written reprimand

Question 43

Captains may recommend what?

Answer 43

May recommend non-specific disciplinary action above the level of written reprimand and shall recommend findings(sustained, not sustained) for all cases reviewed.
Have the authority to mandate and schedule remedial training directed at improving unsatisfactory performance