Rule 109 Flashcards
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
These may be given by the supervisors for minor violations of the Rules and Procedures, such as improper uniform or reporting late for duty are simply spoken censures or reproofs?
Oral Reprimand
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
This type of sanction will be recorded in the districts permanent personnel record , but no record of the reprimand goes into the permanent personnel file ?
Oral reprimand
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
The sanctions are issued either for minor offenses committed by employees for whom oral reprimands have proven ineffective, or other offenses under Rule 102 which accompanied by ameliorating circumstances?
Written Reprimands
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
Which of the following would be entered into an officers permanent personnel file, oral reprimand or written reprimand?
Written reprimand is entered into the permanent personnel file
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
Who has the option to impose disciplinary probation upon an officer?
The commissioner
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
If —-(what is the standard)—- is found in any disciplinary action taken against an employee while on such probation, the probation shall be taken into account in determining the severity of the sanction imposed
Just Cause
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
Punishment Duty: Such duty is extra, unpaid duty signed above and beyond am officers normal hours by the ——- for violations of the Rules and Procedures
Officers commander
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
Punishment duty: such duty shall not be:(3)
- Demeaning,
- Unduly fatiguing,
- Nor outside the scope of the officers job classification
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
These types of sanctions are periods of time during which an employee is relieved of duty and for which the employee is not paid
Suspension
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
Suspensions for Which does not exceed — days may be imposed without a prior hearing either by the commissioner or by persons designated this authority by the commissioner.
5 days
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
Only the —— may impose dispositions for more than ——days?
Only the commissioner can impose suspensions for more than 5 days
SPECTRUM OF DISCIPLINE - TYPES OF SANCTIONS
An employee may be discharged or reduced in rank only by the police commissioner but the employee must also be afforded a/an?
Hearing, United the employee waives the hearing, can the police commissioner discharge or reduce in rank
This term means that progressively stricter disciplinary action shall be taken against persons who persist in violations of the Rules and Procedures
Progressive discipline
The commanding officer of each unit shall establish a personnel file consisting of a file card for each employee in the command. When an officer is assigned to a command, the commanding officer shall have a new card prepared for that officer.
Each card shall have:(3)
- Officers name and,
- I.D number at the top and
- Shall be kept in an alphabetical file
Maintenance of the record: Maintaining the unit personnel file is the joint responsibility:(2)
- The commanding officer and
- The supervising officer
The commanding officer of each unit shall establish a personnel file consisting of a file card for each employee in the command. These shall be available only to the:(4)
- Office of the Police Commissioner,
- The commanding officer,
- The respective bureau chief and
- The bureau of Professional Standards and Development
Which unit is responsible for making periodic random reviews of the District Personnel Records to make certain that accurate up to date records are maintained?
The bureau of professional standards in development
Disposal of a record: the record shall be maintained by the unit until the reassignment to another unit of an officer, or upon an officer’s retirement or termination, which ever occurs first. At that time, the record card, for that officer shall be sent to?
Bureau of professional standards and development
No material which contains an allegation of misconduct against an employee shall be included in his or her personnel file until the charges have been:(2)
- Verified by affidavit and
- a hearing aid.
When the police officer has the right to a hearing for written reprimand, the bureau of professional standards and development shall schedule a hearing and the commissioner shall designate a hearing officer. How long does a hearing officer have to summarize the evidence and make a recommendation to the commissioner?
No later than five days after the conclusion of the hearing
SUSPENSION FOR FIVE DAYS OR LESS
The civil service laws M.G.L c.31 , s.41 permits the police commissioner to delegate the authority to immediately impose suspensions of five days or less without first providing a hearing to tenured civil service employee. The law requires that within.—— hours after such a suspension, the subordinate be given a copy of sections, 41 to 45 of chapter 31 of the general laws in a written notice, which states the specific reason for the suspension
24 hours
SUSPENSION FOR FIVE DAYS OR LESS
If an employee has been given a five day or less suspension, and has been provided with the written notice, which states the reason for the suspension within 24 hours, how long does the employee have to file a written request for a hearing with the appointing attorney?
48 hours
(such a hearing must be given within five days of the receipt of such a request.)
The civil service laws requires that the employee who is suspended without a prior hearing, shall be given within 24 hours of the suspension a copy of the notice of suspension. The written notice will have five copies to be routed:(5)
- Original to discipline subordinate
- One copy retained by the commanding officer.
- One copy to the Bureau Professional Standards in Development.
- One copy to the appropriate department bureau (Bureau of field services).
- One copy to the personnel division 
Acceptance of discipline: should at all times be kept in mind that the most effective discipline is that which is
Accepted by the individual
Certain offenses are considered major, if repeated within certain periods, and I to be immediately recommended for a disciplinary hearing. These offenses are considered to be major, if having occurred twice in one year: (7)
- Negligent handling of a firearm.
- Willfully damaging police equipment.
- Interfering with police broadcasting.
- Failure to remain awake while on duty.
- Seeking and/or accepting food or drink when it can be construed to involve position as department employee.
- Untruthfulness in written or oral reports or in response to B.I.S investigations.
- Failure report felonies
Certain offenses are considered major if repeated within certain periods and are to be immediately recommended for a disciplinary hearing. These offenses are considered to be major, if having occurred twice in two years are:
- Negligent discharge of a firearm.
- Failure to come to the aid of a fellow officer in an emergency.
Certain offenses are considered major, if repeated within certain periods, and are to be immediately recommended for disciplinary hearing. These offenses are considered to be major, if having occurred three times in one year: (1)
- Failure to report as a witness when duly notified or subpoenaed.
Punishment duty may be assigned to any officer of the department by: (2)
- his commanding officer or
- By the police commissioner.
Punishment duty:
Punishment duty must be assigned, so that the employee on the punishment shall not suffer undue fatigue, or be otherwise unfit for regular or extra work; and except with the employees written consent, no more than—-consecutive hours of punishment duty shall be performed at any one time
No more than seven consecutive hours at one time
-no more than 14 hours in four consecutive days
–no more than 21 hours and seven consecutive days
Punishment duty:
No employee will be compelled to perform such a duty, without written consent, within —- hours before or after a tour, a regular or special duty 
Two (2) hours
Complaint:
When the information received from the complaining includes the complaints name and address, the Officer, taking the complaint, shall informed the complainant that he or she will be contacted by a member of the department assigned to investigate the complaint. What should the officer receiving the complaint inform the complainant of next?
To phone Bureau of Professional Standards and Development if not contacted by the department within 72 hours of making the complaint
Complaints:
Whenever a person indicates a desire to make a complaint concerning a Department employee, that person shall be directed to the nearest available?
Superior officer
Complaints:
Complainants contacting the Department by telephone shall be transferred to a—-if immediately available, who will obtain as much information as possible from the complainant and complete a Complete Control Form
Superior officer,
In no case shall a telephone complaint be refused because they superior Officer is unavailable or because the complainant is not identified
Complainants
The completed complainant from should contain a detailed description of the alleged acts of misconduct, including:(4)
- Date, time and place
- Names or descriptions of Department employees involved in the incident
- The names and addresses of witnesses, if known
- And any other relevant information
Complainants
The officer shall request the complainant to sign the complaint. If the complainant refuses to sign, a notation to that effect shall be made on the form. In all other respects, unsigned complaints shall be
Processed in the same manner as a signed complaints
Complaints
Complaints, resolved at the same time of the complaint to the complainants satisfaction shall be recorded on a Complete Control Form with a notation that the complaint was resolved. Where possible, the complainant should? 
Acknowledge the resolution in writing and such acknowledgment should be attached to Complete Control Form
Complaints
Routing the complaint form: if the employee complained of is attached to the unit which receives the complaint , copies of the complete control form shall be distributed immediately to:(4)
- One copy to complainant
- One copy to the commanding officer of the unit.
- One copy to the superior officer investigating the complaint.
- One copy to the Bureau of Professional Standards s d Development
Complaints:
If the employee complained of is not assigned to the unit which receives the complaint, copies of the complaint control form, shall be distributed immediately to:(4)
- One copy to the complainant.
- Three copies to the Bureau of Professional Standards and Development.
- One copy to commanding officer of the unit to which the employee complained of is attached.
- One copy to the superior officer investigating the complaint.
Complaints:
- Brutality, death or serious injury caused by a department employee; firearm
- Discharge resulting in ordinal injury or property damage caused by a department employee
- The commission of a felony by a department employee
- Possible corruption of bribery of a department employee
- When I’m the judgement of the superior officer receiving the complainant an immediate investigation by the Internal Affairs Division is justified
- If the employee against whom the complaint is rendered so requests
Investigations
Confidentiality of Disciplinary Process:
Prior to the completion of the investigation of a complainant, information concerning such an investigation shall not be released unless authorized by
The commissioner
Complaint Investigation
Investigative Techniques: the investigating officer may use any lawful investigative techniques, including but not limited to:(5)
- Inspecting public records
- Questioning of witnesses
- Interrogation of the member complained of
- Questioning of fellow employee and
- Surveillance
Complainant investigation
Investigation report: as soon as practical, though not the expense of a thorough investigation, the investigating officer shall bring the investigation to a close and prepare an investigation report.
The report shall summarize all evidence gathered during the investigation and shall contain the investigating officers recommendation that the complainant be found;(4)
- Sustained investigation disclosed sufficient evidence to support allegations in the complaint
- not sustained investigation failed to prove or disprove the allegations
- exonerated the action complained of did occur but the investigation revealed that action was proper, legal and reasonable
- unfounded investigation revealed that conduct did not occur
Whenever a detective is reassigned to the regular police staff, that detective shall have the right to appeal within—-days of the effective date of the order or reassignment
30 days
Review from Imposition of Immediate Suspension or Punishment Duty:
When an employee is suspended for five days or less or is assigned punishment duty by a commanding officer, that employee recorded a written notice concerning the action within?
Twenty four (24) hours
