Procedure 303 Disciplinary Procedures Flashcards
C. To achieve the desired degree of effectiveness, disciplinary procedures address considerations and expectations from
the following three perspectives:
Community or external concerns,
Departmental or internal concerns,
Employee concerns
The __________________ unit shall coordinate all investigations of alleged non-criminal misconduct by sworn members
of the Department in accordance with this procedure
Internal Affairs
The Internal Affairs Unit shall coordinate all investigations of alleged____________ by sworn members
of the Department in accordance with this procedure
non-criminal misconduct
The ________shall determine which unit or Department member shall investigate allegations of criminal
misconduct made against a member of the Department.
The Chief of Police
The Chief of Police shall determine which unit or Department member shall investigate allegations of _______
misconduct made against a member of the Department
criminal
________complaints generally constitute disciplinary matters limited to and involving a minor variance from the routine
activities and responsibilities of the sworn member in question.
Line
Line complaints generally constitute disciplinary matters limited to and involving a ________ from the routine
activities and responsibilities of the sworn member in question.
minor variance
Line complaints are subdivided as
- Line Supervisory “Type A” Complaint
2. Line Supervisory “Type B” Complaint
____________Complaint - The complainant requests contact by the sworn member’s supervisor;
Line Supervisory “Type A” Complaint
______________Complaint - The complainant does not wish to be contacted by a supervisor but
relates a potentially substantive problem or relates only nonspecific or general information.
Line Supervisory “Type B” Complaint
Anything less than a __day suspension is not considered discipline
(1)
All line complaints shall be investigated by the officer’s chain of command within twenty-one____ calendar
days from the date of the written complaint.
21
In a line complaint, If the member does not agree with the contemplated disciplinary action within ___ calendar days, the
case will be forwarded to the Internal Affairs Unit for investigation.
five (5)
In a line complaint, If the member does not agree with the contemplated disciplinary action within five (5) calendar days, the
case will be forwarded to the I__________ for investigation
Internal Affairs Unit
All line complaint disposition reports shall be forwarded to the_________ for review and disposition.
Internal Affairs Unit
_________generally constitute matters involving conduct that exhibits a significant variance from
behavioral expectations established through formal training, departmental rules, regulations, policies, or procedures
which regulate a sworn member’s conduct.
Formal complaints
Any conduct that exhibits the potential to require stringent disciplinary action in the form of a suspension that exceeds three (3) calendar days- would constitute a
FORMAL COMPLAINTS
Formal or line?
Activities that deal with significant behavioral infractions;
Formal
Formal or line?
Any conduct that if proven would constitute a crime;
Formal
Formal or line?
Any conduct that exhibits the potential to require stringent disciplinary action in the form of a suspension that
exceeds three (3) calendar days;
Formal
Formal or line?
Any allegation of harassment/discrimination;
Formal
Formal or line?
Any allegation of racial profiling;
Formal
Formal or line?
Any allegation of unnecessary or excessive force;
Formal
Formal or line?
Any other incident that may require formal disciplinary proceedings in order to be properly resolved.
Formal
Sworn members who receive written complaint notification of a ____complaint from the Internal Affairs Unit
may request the complaint be submitted to the expedited disciplinary track method.
formal
Sworn members who receive written complaint notification of a formal complaint from the Internal Affairs Unit
may request the complaint be submitted to the expedited disciplinary track method.
1. The request must be made in writing to the _______ with a copy of the formal complaint notification
attached.
Office of Chief
Sworn members who receive written complaint notification of a formal complaint from the Internal Affairs Unit
may request the complaint be submitted to the expedited disciplinary track method.
1. The request must be made in writing to the Office of Chief with a copy of the formal complaint notification
attached.
2. Both the sworn member and the Chief must agree to submit the matter to the expedited disciplinary track for an
expedited disciplinary finding.
3. Any disciplinary action must be agreed upon by the sworn member and the Chief, and must be enacted within
thirty_______days of the agreement.
(30) calendar
T/F A suspension agreed to by a member may not be appealed or altered by the Civil Service Commission, an arbitrator,
or any court
true
T/F A suspension agreed to by a member may be appealed or altered by the Civil Service Commission, an arbitrator,
or any court
false
The San Antonio Police Department’s ____shall be used as a guide when addressing disciplinary
action.
Complaint Matrix
______constitute citizen dissatisfaction with police services for reasons other than complaints of officer
misconduct
Service complaints
What type of complaint?
Call response times – Not due to an officer’s negligence;
Service complaints
What type of complaint?
Handling of a civil matter – Due to Department policy or civil law;
Service complaints
What type of complaint?
Discretionary call screening;
Service complaints
What type of complaint?
Unavailability or delay of other police services;
Service complaints
What type of complaint?
Any other complaint that does not violate policy or procedure or involve officer misconduct.
Service complaints
Complaints of alleged misconduct by sworn members that are initiated from within the Department shall list the
“_______” as the complainant.
Administration
Copies of all complaints received or handled by members of the Department shall be forwarded to the ____________
Internal
Affairs Unit
The initial receipt of a complaint shall be processed as follows:
a. Personal Appearance: A member who receives a complaint through personal contact shall direct the
complainant as follows
(1) To the supervisor of the officer who is the subject of the complaint; or
(2) If the officer’s supervisor is unavailable, to the nearest available supervisor
Telephonic: A member who receives a complaint by telephone shall forward the complainant as follows
(1) To the supervisor of the officer who is the subject of the complaint, if readily available, or;
(2) To the Communications Unit Supervisor who shall determine the availability of a supervisor in the
subject officer’s chain of command and dispatch the supervisor to contact the complainant. If the
identity of the subject officer is unavailable, any supervisor from the Patrol Division is dispatched to
contact the complainant.
(3) To the Internal Affairs Unit during business hours, 0800-1800 hours.
Internal Affairs Unit during business hours
0800-1800 hours.
Correspondence: A member who receives a written complaint….
shall route the complaint to his immediate
supervisor who shall handle in accordance with this policy.
The Internal Affairs Unit shall receive line complaint disposition reports and formal complaint investigation
packets from
division commanders
The Internal Affairs Unit shall investigate formal complaints of sworn member misconduct and present the
findings to the
Chief’s Advisory Action Board
a. The Internal Affairs Unit shall send ________Notices to officers who become the subject of a
formal complaint.
b. The Internal Affairs Unit shall send Deactivation Notices to officers who’s _______ have been
dismissed for cause.
Formal Complaint
Officers under investigation shall be informed (_______ prior to being interrogated or asked to
otherwise respond to an investigation of the general nature of the investigation and shall be provided with
sufficient information to be reasonably apprised of the allegations.
48 hours
Shall investigate police vehicle crashes;
Homicide Unit
F. Homicide Unit
- Shall investigate police vehicle crashes; and
- Shall present findings of investigations to the ______________
Chief’s City Vehicle Accident Advisory Action Board
1.The ____________ shall review disciplinary cases investigated by the Internal Affairs Unit prior to their
submission to the Chief’s Advisory Action Board; and 2.Functions in an advisory capacity to the Chief’s Advisory Action Board and Chief’s City Vehicle Accident
Advisory Action Board for the purpose of legal interpretation of any source which regulates a sworn member’s
conduct.
Police Legal Advisor
- The Police Legal Advisor shall review disciplinary cases investigated by the Internal Affairs Unit prior to their
submission to the Chief’s Advisory Action Board; and - Functions in an advisory capacity to the _____________and______________ for the purpose of legal interpretation of any source which regulates a sworn member’s
conduct.
Chief’s Advisory Action Board and Chief’s City Vehicle Accident
Advisory Action Board
_______ 1. Shall review the Chief’s Advisory Action Board and Chief’s City Vehicle Accident Advisory Action Board
recommendations for discipline and implements such action as he deems appropriate in each individual case; or
2. May implement, at his discretion, immediate administrative or disciplinary action without the Chief’s Advisory
Action Board or Chief’s City Vehicle Accident Advisory Action Board participation and has ultimate discretion
to decide whether discipline should be implemented against a sworn member.
The Chief of Police
has ultimate discretion
to decide whether discipline should be implemented against a sworn member.
The Chief of Police
.09 Complaint Interviews/ Written statements shall be taken only by supervisory officers assigned to the
Internal Affairs Unit.
- When the introduction of the polygraph into an investigation of a citizen’s complaint appears necessary, the Department will first examine the complainant.
- A licensed examiner administers the polygraph test to the sworn member _________________
a. A non-member administers the polygraph examination to a sworn member to prevent any perception of
bias; and
b. To avoid any undue embarrassment to an officer or the Department, the polygraph examination shall not be
administered to an officer while in uniform.
the complainant’s results
indicate truthfulness.
- When the introduction of the polygraph into an investigation of a citizen’s complaint appears necessary, the Department will first examine the complainant.
- A licensed examiner administers the polygraph test to the sworn member only when the complainant’s results
indicate truthfulness.
a. A non-member administers the polygraph examination to a sworn member to prevent any perception of
bias; and
b. To avoid any undue embarrassment to an officer or the Department, the polygraph examination shall not be
administered to an officer______
while in uniform.
The _________ and _____review the complainant’s polygraph examination
results; and
Chief’s Advisory Action Board and Chief of Police
ONLY the ______ reviews the sworn member’s polygraph examination results.
Chief of Police
The only official disciplinary documentation permitted in any officer’s possession is that which the officer
______
personally prepared
Supervisory officers involved in disciplinary investigations shall forward all documentation under seal to the
______through their chain of command at the earliest possible time.
Internal Affairs Unit
The Chief’s Advisory Action Board, hereafter referred to as the Board, means the ____________
combined Citizen Advisory Action
Board and Police Advisory Action Board.
- The Citizen Advisory Action Board:Consists of members selected in accordance with the current Collective Bargaining Agreement;
b. A quorum consists of _____ (provided there are at least _____ active/participating appointed
members) ;
three members; six (6)
Citizen members of The Citizen Advisory Action Board: must be present to hear the following types of cases:
(1) Cases involving the use of force, bodily injury, and unlawful search and seizure; and
(2) Any case in which the officer who is the subject of a complaint or a complainant requests citizen
member participation, if it is reasonably possible based on the workload and availability of the citizen
members.
The Police Advisory Action Board:
a. Consists of
sworn members as specified in the current Collective Bargaining Agreement
The Police Advisory Action Board:
b. Membership is open to any officer who has completed his initial probationary period and has not incurred a
suspension during the previous ______
twelve months.
The Police Advisory Action Board, A quorum consists of____
five (5) members
The Chief of Police may allow the following to attend the Chief’s Advisory Action Board meeting:
(1) A San Antonio Police Officers’ Association representative;
(2) The Police Legal Advisor; and
(3) Internal Affairs Unit representatives.
The Chief of Police may allow the following to attend the ______________meeting:
(1) A San Antonio Police Officers’ Association representative;
(2) The Police Legal Advisor; and
(3) Internal Affairs Unit representatives.
Chief’s Advisory Action Board
a. Serves as the custodian of all information concerning disciplinary cases that the Board reviews;
b. Confines reviews of case jackets or confidential material to a designated area;
c. Provides orientation for new Board members;
d. Reviews published agendas at least seven days prior to each meeting; and
e. Ensures proper rules of order are followed at meetings.v
The Board Chairman
a. Protects the rights of the sworn member whose conduct is the subject of review by maintaining
confidentiality relating to any discussions, correspondences, or proceedings; and
b. Avoids any bias in the fulfillment of their obligations.
Each Board Member:
Cases presented to the Board for consideration are derived from the following sources:
- The Internal Affairs Unit as a formal complaint; or
2. The Chief of Police, who may wish the Board consider a matter.
means the allegations reported did not occur.
Unfounded”
means the allegations could not be proved or disproved.
Inconclusive”
means the allegations reported are found to have occurred.
Sustained”
means the conduct complained of did occur, but was necessary and appropriate to accomplish a valid
law enforcement objective
Justified”
A majority vote must exist to determine any finding. If a majority vote cannot be obtained after subsequent
discussion and votes, the ______will make the final decision
Chairman
Following a finding of “______,” a discussion shall be held to determine a recommendation for disciplinary action
or other remedy
Sustained
Following a finding of “Sustained,” a discussion shall be held to determine a recommendation for disciplinary action
or other remedy. The discussion should include:
- Past practices or similar issues;
- Legal aspects of issues involved;
- Established guidelines or policies concerning escalating discipline affecting the issue; and
- Past disciplinary record of the respondent.
- Other remedies or alternative courses of action directed towards a behavior adjustment or awareness on the part
of the officer include, but are not limited to:
a. Retraining courses, especially for pattern violations;
b. Job relocation, either temporary or permanent; or
c. Psychological evaluation and recommendation.
a. The Chief’s City Vehicle Accident Advisory Action Board is designed to review all cases involving city (police)
motor vehicle crashes involving sworn members.
B. The Chief’s City Vehicle Accident Advisory Action Board shall consist of ___________, as specified in the
current Collective Bargaining Agreement
sworn members
The Chief’s City Vehicle Accident Advisory Action Board is designed to review all cases involving city (police)
motor vehicle crashes involving sworn members
A quorum consists of____________
3 members
The Chief of Police may allow the follow to attend the City Vehicle Accident Advisory Action Board meeting:
- A San Antonio Police Officer’s Association representative;
- The Police Legal Advisor;
- A Homicide Unit representative; and
- City of San Antonio Risk Management Representative.
means the sworn member failed to exercise reasonable care in the operation of the city vehicle,
deviated from established driving practices, and was the major cause of the crash
Chargeable”
means the sworn member failed to exercise care in the operation of
the city vehicle, deviated from established driving practices, and was a contributing factor to the crash based on
unsafe speed and/or operation or violations of General Manual Procedure 609, Emergency Vehicle Operations.
“Chargeable Due to Contributory Factors”
means the sworn member exercised reasonable care and caution, the same care and caution
that would be exercised by an ordinary and prudent person in the same circumstances as the sworn member, in
the operation of the city vehicle.
“Non-chargeable
Following a finding of ____________or____________ a discussion is held and
information is presented to assign a point value to the crash.
“Chargeable” or “Chargeable due to Contributory Factors,”
Point assessment for sworn members involved in police vehicle crashes is based on the following criteria:
Chargeable due to Contributory Factors
1 point
Point assessment for sworn members involved in police vehicle crashes is based on the following criteria:
Non-chargeable
0 points
Point assessment for sworn members involved in police vehicle crashes is based on the following criteria:
Chargeable
2 points
Additional points are added to all “Chargeable” and “Chargeable due to Contributory Factors” crashes based on the ______________
severity of the crash
Additional points
Damage to the city vehicle that renders the vehicle a total loss.
2 points
Additional points
Damage to the city vehicle that exceeds $5,000 in repair costs but does not render the vehicle a total loss. The
damage is based on documentation provided by the Police Garage.
1 point
Additional points
The crash resulted in serious bodily injury, excluding death, to any person(s).
(minimum 2 points)
Additional points
The crash resulted in bodily injury to any person(s).
1 point
Additional points are added to all “Chargeable” and “Chargeable due to Contributory Factors” crashes based on the
severity of the crash as follows:
1. Damage to the city vehicle that renders the vehicle a total loss. (2 points) The damage is based on
documentation provided by
the Police Garage
means bodily injury that creates a substantial risk of death or that causes death, serious
permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
serious bodily injury
means physical pain, illness, or
any impairment of physical condition.
bodily injury
Additional points
If unsafe speed and/or operation is determined to be a contributing factor.
1 point
T/F
(Unsafe speed
and/or operation are determined by the investigating supervisor’s crash investigation, from the findings of a
Traffic Investigation Detail investigation, and/or on recommendation from the findings of the Chief’s City
Vehicle Accident Advisory Action Board
true
If a Chargeable or Chargeable due to Contributory Factors crash results in a death,
no point value is assessed.
The Chief of Police administers whatever discipline he deems appropriate
G. Based on the sworn member’s cumulative point assessment total, the Board recommends disciplinary action to the
Chief of Police as follows
3 points -
3 points -
G. Based on the sworn member’s cumulative point assessment total, the Board recommends disciplinary action to the
Chief of Police as follows
1 to 2 points -
Written Counseling
G. Based on the sworn member’s cumulative point assessment total, the Board recommends disciplinary action to the
Chief of Police as follows
4 points
One (1) day suspension
G. Based on the sworn member’s cumulative point assessment total, the Board recommends disciplinary action to the
Chief of Police as follows
5 points
Three (3) day suspension
G. Based on the sworn member’s cumulative point assessment total, the Board recommends disciplinary action to the
Chief of Police as follows
6 points
Five (5) day suspension
G. Based on the sworn member’s cumulative point assessment total, the Board recommends disciplinary action to the
Chief of Police as follows
7 points
Ten (10) day suspension
G. Based on the sworn member’s cumulative point assessment total, the Board recommends disciplinary action to the
Chief of Police as follows
8 points or more
A minimum fifteen (15) day suspension with the possibility of an indefinite suspension or job
reassignment for numerous crashes within the twenty-four (24) month period
If the sworn member is charged with Manslaughter, Intoxicated Manslaughter, Intoxicated Assault, Criminal
Negligent Homicide, Failure to Stop and Render Aid, or Driving While Intoxicated as a result of the crash, the
recommended disciplinary action shall be “_____________” until the disposition of the charge.
temporary suspension
Any crash that results in a death, regardless of the ruling by the Board, is forwarded to the __________
for review
District Attorney’s Office
Officers involved in two crashes (Chargeable or Chargeable due to Contributory Factors) within a _________
month period will either be placed on special assignment or required to ride double with another officer until they
pass a remedial driving course at the Training Academy. The assignment is made by the Chief of Police.
twelve (12)
Line complaints are investigated…
via Chain of Command to Captains
Formal complaints are investigated…
Investigated via Internal Affairs to CAAB
has a suspension that is 3 days or less
line complaint
has a suspension that is more than 3 days
formal complaint
