Sheriff and EPCSOA Flashcards
Article 5 Association Rights
- The Association can put up a bulletin board at the Office and other stations with the Sheriff’s permission for official use.
- The Association has the right to appoint or reappoint an Association Representative to visit the Office and administer agreements with the Sheriff and/or County.
- The Association can use the Office e-mail system to inform officers of Association meetings, ____________, and recreational events, but must follow County and Sheriff’s policies, procedures, and rules.
elections;
Article 6 Training Provisions
- The Sheriff will ensure that all deputies and armed detention officers attend ___________ firearms qualifications and provide ammunition for qualification by the county if sufficient funds are allocated for the ammunition.
- Armed detention officers can use an academy weapon for additional practice at the Office firearms range during their off-duty hours.
- The Sheriff will provide ammunition for additional ______________ practice during off-duty hours if reasonably able.
- Officers can do additional firearms practice during off-duty hours voluntarily without compensation.
annual;
quarterly;
Article 7 Seniority/ Probation
- Seniority means ______________.
Whether a new hire or rehire the officer will be considered a probationary officer for the ____________ of continuous service as a detention officer.
- Probationary officers do not have seniority and may be subject to disciplinary action, lay-off, discharge, or termination for the first year of continuous service.
- Detention officers who are selected for deputy sheriff are also probationary employees for the first year after their appointment as a deputy sheriff.
- Officers who are promoted to a new rank are on probationary status for _________ days after their promotion.
- Seniority is lost through resignation or termination.
time in grade;
first year;
180;
Article 8 Advisory Committee on office Relations
- An Advisory Committee will be created to give suggestions to the Sheriff and the County about improving management in the Office.
- The Committee will consist of the Sheriff, his Legal Advisor, the Association President or their designees, and the _________________ attorney.
- The Committee will meet ___________ a month to talk about anything related to harmonious relationships in the Office set by the Chairperson.
- The Secretary of the Committee will take minutes, and a copy will be sent to the Sheriff and the Association, and posted on the bulletin board.
- The Sheriff is not required to follow the Committee’s suggestions, and the Committee can’t discuss or take any action on grievances or Internal Affairs investigations.
association attorney;
once;
Article 9 Internal Affairs Investigations
- The Internal Affairs Division conducts interviews with officers who are under investigation.
- The interviews will take place at reasonable hours and at a location chosen by the investigating officer and preferably when the officer is on duty.
- If the officer is asked to leave their post for the interview, their command will be notified.
- The officer will be informed of the identity of all persons present during the interview.
- The officer will be informed of the nature of the investigation before the interview and provided with sufficient information to understand the allegations.
- If there is a complaint from a citizen, a copy of the complaint (with personal information redacted) will be provided.
- If the officer is being interviewed as a witness only, they will be informed.
- If the incident involves the use of force, and video footage is available, the officer will be given an opportunity to review the footage before making a statement.
- Officers will be provided with personal necessities, meals, telephone calls and rest periods as needed during the interview.
- Officers will not be subjected to offensive language or threatened with punishment or reward for answering questions.
- The investigating deputy may inform the officer that their conduct is under investigation and may lead to disciplinary action.
- Interviews will be conducted in reasonable hours and at a designated location.
- The officer being interviewed will be informed of the investigation and provided with sufficient information about the allegations.
- The officer may take breaks for personal necessities, meals, telephone calls, and rest periods as needed.
- Officers cannot be subjected to offensive language or threatened with transfer, dismissal, or other disciplinary punishment, but can be informed that their conduct is under investigation.
- Officers may consult with an attorney or Association representative before being interviewed.
- Upon request, the officer will be given a copy of any written, video, or audio statement provided by that officer. The officer will provide an electronic storage device.
- Refusal to answer questions during the interview may result in disciplinary action.
- The investigating deputy will take either a written or video recorded statement from the officer.
- The Sheriff may order an officer to take a polygraph examination, and the results can be used as evidence in any hearing held pursuant to the provisions of this Agreement.
- No officer can be forced to take a lie detector test unless the person making the complaint takes one first, and it shows they are telling the truth, or if the Sheriff believes there are extraordinary circumstances and the officer’s integrity is in question.
- The Sheriff can require an officer to take a lie detector test if the complaint is about internal operations and the complainant is a County employee or appointee, and if the complaint is not invalid.
- The Sheriff must provide a written explanation if they require an officer to take a lie detector test due to extraordinary circumstances.
- Officers cannot be required to give a written or recorded statement without first being given a Garrity Warning.
- If the investigating deputy does not comply with the rules outlined in this agreement during an investigation, the Sheriff cannot use the officer’s statements in a disciplinary hearing.
Article 10 Discipline
- The Sheriff can demote, revoke a deputy deputation and reassign to detention, reprimand, suspend without pay not to exceed thirty (30) days (240 hours), or terminate any officer for the causes set forth in the rules and regulations, policies, general and special orders, and directives of the El Paso County Sheriff’s Office.
- Officers do not have the right to appeal reprimands, but they can submit a written response to the letter of reprimand within thirty (30) days from the receipt thereof for inclusion in their personnel file.
- Notice of disciplinary action will be provided by personal service on the officer, or by certified mail to the officer’s address on file with the Office, and will consist of a written statement of the charges and specifications.
- The officer has fourteen (14) days after receipt to file a written appeal with the Sheriff.
- The officer’s notice of appeal will be addressed to the Civil Service Commission, and the officer will forward a copy of the notice of appeal to the Sheriff.
- The Civil Service or arbitration hearing is public, unless the officer specifies not less than seven (7) days prior to the hearing that he desires a closed hearing.
- The officer is entitled to representation by any person of his choice; cross-examination of witnesses; presentation of evidence; authority to compel the production of required papers, documents, evidence and the attendance of employees of the Office, which production and attendance will be commanded by the Sheriff on behalf of the officer; and any other procedures needed to ensure a fair and impartial hearing.
- All decisions of the Civil Service Commission or arbitrator are public and final and binding on all parties.
- If an officer requests evidence, documents or witnesses that could compromise an ongoing investigation or endanger the security of the office, the Sheriff will inform the Civil Service Commission or arbitrator.
- The Commission or arbitrator will then recess the proceedings and decide if the evidence, documents or witnesses can be produced without causing harm to the investigation or office security.
- If the production of these items would jeopardize an ongoing investigation or create a security risk, the officer’s request will be denied and the reasons will be provided in writing.
- If the County Attorney or arbitrator determines that production would not jeopardize the office, they will direct the Sheriff to produce the requested items or dismiss the disciplinary action and reinstate the officer.
- The office must keep a personnel file for each officer that can be used in hearings.
- The file will not contain any information related to misconduct if the matter is resolved as “not sustained,” “exonerated,” or “unfounded.”
- An officer can get a copy of any document in their personnel file by paying a reasonable fee.
- Appeals will be heard by an arbitrator chosen from a panel of at least five people.
- The arbitrator has the same powers as the Civil Service Commission to modify or reverse the disciplinary decision and may award backpay and benefits if appropriate.
- The decision of the arbitrator is final and binding, but there is a right to appeal to a court of law.
- During the appeal, the officer and the Sheriff have the right to a representative of their choosing.
- Any allegations of violations of internal affairs and disciplinary procedures must be raised during the appeal process.
The arbitration panel is made up of members appointed by mutual agreement of the Sheriff and the Association, with at least five active members at all times.
* The panel members serve a one-year term and can be re-appointed or removed by mutual agreement.
* The Sheriff and the Association can remove or add members at any time, and will promptly fill any vacancies.
* The parties will meet and confer each year regarding the panel’s reappointment or replacement.
E. Witnesses and statements:
* Parties must exchange names of witnesses and statements of witnesses not covered by attorney work privilege at least 14 days before the hearing.
* Failure to provide timely information means the party cannot call that witness, unless the arbitrator finds good cause for the failure.
F. Bench award:
* The arbitrator must issue a bench award if mutually requested by the Sheriff’s legal counsel and the officer.
* No briefs are allowed in this case.
G. Disciplinary appeals:
* Within 30 days after the arbitrator is assigned to hear the appeal, the legal counsel for both parties must meet with the arbitrator for a pre-hearing conference.
* The arbitrator will address preliminary matters and set a timeline for conducting the hearing and the date for the final hearing.
* The arbitrator can grant a continuance if there is good cause or mutual agreement by both parties.
* The arbitrator cannot grant a continuance or abatement based on a claim of 5th Amendment privilege, unless there is an indictment, arrest, or criminal investigation.
* If an abatement is granted and the grievance is sustained, the grievant has the burden of proof for entitlement to backpay, benefits, and accruals during the period of the abatement.
Section H:
* Specifies the payment schedule for the arbitrator for disciplinary actions.
* Officers will pay 100% of the arbitrator’s costs for suspensions less than 15 days.
* For suspensions of 15 days or more, terminations, and demotions, the Sheriff and officer will split the cost.
* The Officer’s Association may choose to pay some or all of an officer’s arbitration costs.
Section 4:
* Officers arrested, charged, or indicted for certain crimes may be placed on administrative leave without pay.
* Officers on leave may choose to use their vacation or personal leave during this time.
* The Sheriff has the right to revoke an officer’s deputation.
Section 5:
* The Sheriff can temporarily suspend an officer for up to 90 days if the officer agrees to the suspension in writing.
* The officer cannot appeal the suspension, and no administrative or judicial body can review or change the suspension terms.
* The officer has the right to consult with an attorney or Association Representative.
Section 6:
* When an officer is suspended without pay, they can choose to forfeit up to 10 days of vacation or personal leave instead of serving up to 10 days of the suspension.
* If the officer doesn’t choose this option, they can either serve the suspension or appeal it according to the agreement.
Article 11 Grievance Procedure
- The Sheriff and the Association both agree that if there’s a disagreement about how to apply or enforce a part of their agreement, it can be handled through a grievance process.
- Grievances will be resolved in a specific way:
- Both parties need to follow the time limits outlined in the procedure. If they don’t, the grievance is considered over and nothing else will happen.
- The Association will pick a Grievance Committee made up of at least four people and let the Sheriff know who’s on it. They can change who’s on the Committee as long as they tell the Sheriff within 14 days.
Step 1: - The officer must submit a written grievance to the Association Grievance Committee within 15 days of knowing about the issue.
- The written grievance must include the facts, the violated agreement, the desired solution, and the officer’s signature.
- The Association Grievance Committee will decide whether the grievance exists within 30 days of receiving the written dispute.
- If a grievance exists, the Association will prepare a formal written grievance and move to Step 2.
Step 2: - The Association’s written grievance will be delivered to the Sheriff’s office using a confirmed method.
- The Sheriff has 30 days to respond with a written decision.
Step 3: - If the grievance is not resolved in Step 2, the Association’s written grievance will go to arbitration according to Section 3.
This section explains how arbitration procedures will be conducted for grievances under this article. Here are the main points:
Step 1: - Sheriff and Association will try to agree on an arbitrator.
- If they can’t agree within 14 days, the party requesting arbitration can request a list of 7 arbitrators from AAA.
They can mutually agree on one from the list, or alternately strike names until one remains.
Step 2:
* The hearing will start within 30 days of selecting the arbitrator.
* If the selected arbitrator cannot commence the hearing within 60 days, another arbitrator will be selected.
* The hearing will be completed in consecutive calendar days, exclusive of weekends and holidays.
* The arbitrator will make an award within 30 days of the close of evidence in standard arbitration hearings, and within 7 days in expedited arbitration hearings.
* If a transcript is made, it will be made by a certified court reporter and will be the only transcript used by the arbitrator unless mutually agreed to do otherwise prior to the commencement of the hearing.
* The rules for arbitration hearings under this section are listed below.
* The parties have to exchange names of witnesses expected to be called at the hearing at least seven days before the hearing, or the testimony of a witness may be excluded.
* The arbitrator can ask for the production of evidence or witness requested by either party before the hearing.
* The grievant has the burden of proving their case by a preponderance of the evidence.
* The parties can request discovery from each other, and the arbitrator can order the discovery as appropriate to the case.
* Grievance hearings are public unless agreed otherwise by the parties in writing.
* The conduct of the hearing is governed by the rules of the AAA.
* The arbitrator’s award is final and binding, but they cannot modify or delete any terms or provisions of this Agreement.
* The Association and the Sheriff share the expense of any arbitrator equally for arbitrations involving grievances under this Article.
Article 12 Promotions
A promotional list is valid until ____ months after its promulgation, or until fewer than _____ names remain at the sheriffs discretion. If no promotion is made off of a list within the 12 months, the lease will be extended for an additional six months.
12;
3;
Article 12 Promotions
Announcement contents
The bibliography of study material for any given promotional rain normally will not be changed more often than every ______ years, but may be changed as necessary to include current law, regulation or practices. Read a notice of any such changes will be provided to the offices are lease 90 days prior to the exam.
two;
Article 12 promotions
Any officer who has received final disposition, including award after appeal on a disciplinary demotion, a disciplinary revocation of the deputy deputation, or a suspension of five (5) days or more within the preceding ________ days before the day of the written examination is in eligible to compete in the promotional examination process.
five (5);
180;
Article 12 promotions
College credit for service hours is allowed as follows:
a.) Proof of having obtain a _______ ________ ______ from an accredited, college or university, may be substituted for one year of continuing service for promotion to lieutenant.
b.) Proof of having _____ hours of college credit may be substituted for one year of continuing service for promotion to SGT.
c.) Proof of having _____ hours of college credit may be substituted for one year of continuous service for promotion to detective or floor control officer.
FOUR YER DEGREE;
90;
60;
ARTICLE 12 PROMOTIONS
Eligibility for the detention classification of:
1.) Floor control officer is open to any detention officer with a lease three years continue service with the office as a detention officer and at least _____ hours of college credit.
2.) Sgt is open to any floor control officer with the lease three years continuous service with the office as a floor control officer and at least ____ hours of college credit beginning on January 1, 2022.
3.) Lieutenant is open to any SGT with the least three years continue service with the offices of SGT and Elise _____hours of college credit beginning of January 1, 2022.
4.) For officers already employed by the sheriffs office prior to January 1, 2018 ______ additional years of service may be substituted for each ______ college credit hours for a total credit not to exceed 50% of the total college credits required
30;
60;
90;
two; 10;
Article 12 promotions
Posting
The sheriff will post the written notice of the written examination on the sheriffs office, bulletin, boards, or via email for at least ______days prior to the written examination. This notice must be displays in a prominent place a copy of the notice will be sent to the association president at the same time.
60;
Article 12 promotions
Posting
Candidate is scheduled to be on duty at the designated time of any testing procedure will be permitted time off for the examination without ___________________.
loss of pay or benefits;
Article 12 protest
Any protest period for reading, promotional examinations will be limited to two hour periods to be scheduled during the ______ consecutive working days following the administration of the written examination.
five
