Staff Management 2 COPY Flashcards
Professional Conduct
The term “Professional conduct” refers to what ?
The expectations of the Commissioner and functional area Police deal with PC issues
Professional Conduct
Under s.13 of IPCA Act 1988, Police are required to notify the authority of what 4 things ?
- Incidents involving death or serious bodily harm
- Serious misconduct
- Neglect of Duty constituting a criminal offence
- Anything that puts “reputation of Police” at risk
Professional Conduct
If officer fears disclosure of an incident may expose him to harm, he/she may do what ?
- Make direct approach to PC Manager, HR Advisor, OR other trusted Supervisor
- District Commander / National Manager PPC shall take steps to support officer
- Dep. Commissioner - Operations kept appraised of approach and action taken
NOTE: If employee fears info will expose them to physical, psychological or vocational harm, they may approach Dist. Comm. or National Manager PPC directly.
Professional Conduct
If there’s any suspicion of Criminal Offending, misconduct, or neglect of duty - the Commissioner requires what to be done ?
- Report to District Commander, who shall then cause an investigation to be carried out
Professional Conduct
With regards to any “Integrity reporting”, can an off duty member report this behaviour ?
NO - must be an “On-Duty member” who submits report to their Supervisor. If any attempt made to evade the law enforcement process, Dist. Comm. shall set up investigation
Professional Conduct - IPCA Act 1988
Section 12 - Functions of Authority
S.12, ss.1 outlines what the functions of the authority “shall be” - what are these ? (3 things)
(a) * To receive complaints
- alleging misconduct or neglect of duty by any Police employee, OR
- concerning any practice, policy, or procedure of Police affecting the person or body of persons making complaint
(b) * To investigate, where satisfied reasonable grounds in public interest, any incident involving death or serious bodily harm notified under s.13
(c) * take action in respect of complaint, incidents and other matters as contemplated by Act.
Professional Conduct - IPCA Act 1988
Section 12 - Functions of Authority
S.12, ss.2 outlines “In the course of taking action” (about a complaint) Police may also do what in respect to any complaint - explain ? (Hint - Relates to investigation)
- Police may investigate any apparent misconduct, neglect of duty, Police practice, procedure which appears to relate to the complaint - but does not refer to the original complaint
Professional Conduct - IPCA Act 1988
Section 12 - Functions of Authority
Under ss.3, Is the Authority authorised to investigate any matter (under ss.1) relating to terms and conditions of service of any Police employee ?
** NO **
Professional Conduct - IPCA Act 1988
Section 13 - Duty of Commissioner to notify of Death or Serious Bodily Harm
Explain Section 13 and what must Police do when an incident occurs (timeframe / correspondence for IPCA) ?
Where Police employee acting in execution of duty causes, or appears to cause, death or serious bodily harm, Commissioner shall asap give written notice setting out particulars of incident as to how it was caused
Professional Conduct - IPCA Act 1988
Section 13 - Duty of Commissioner to notify of Death or Serious Bodily Harm
Serious bodily injury includes any what ?
- Deep laceration
- Injury to internal organ
- Impairment of bodily function
- Blow to head causing severe concussion
- Injury resulting in hospitalisation as result of Police actions
*NOTE: Hospitalisation does NOT include dog bites where injury is not deep and subject only in hospital to clean out wound before being discharged
Professional Conduct - IPCA Act 1988
Section 15 - Duty of Commissioner to notify Authority of Complaints
What does s.15 stipulate, ss.1 and ss.2 ?
(1) Commissioner shall notify Authority of EVERY complaint received by Police, other than complaint notified to Commissioner by the Authority
(2) Notification must be “As Soon As Practicable”, BUT no later than 5 working days after receipt of complaint
Professional Conduct - IPCA Act 1988
Section 20 - Duty of Commissioner to report to Authority on Police investigation of complaint.
What does s.20 stipulate, (under ss.1) in regards to timeframes and what action Police have taken on an investigation?
(1) Commissioner shall ASAP, but no later than 2 months after completing Police investigation report
(a) whether complaint upheld, AND if so, what action taken or is proposed to rectify matter;
(b) whether complaint been settled by conciliation
Professional Conduct - IPCA Act 1988
Section 20 - Duty of Commissioner to report to Authority on Police investigation of complaint.
Under ss.2, when reporting to the authority the outcome, what shall the Police supply ?
- Accompanying sufficient material to allow Authority to assess adequacy of Police investigation
Professional Conduct - IPCA Act 1988
Section 20 - Duty of Commissioner to report to Authority on Police investigation of complaint.
Under ss.3, can Police consult with the Authority on an action proposal before reporting to them ?
YES
Professional Conduct - IPCA Act 1988
What are the Key principles underpinning the Police complaints process ? (4 things)
- Ensure complaints are investigated in fair, timely and effective manner
- All reasonable steps are taken to investigate complaints and notifiable incidents
- Complaints and notifiable incidents are investigated with good practice, without bias or any conflict of interest
- Employees have right to be advised of any allegations against them and right to respond
IPCA Act 1988
Explain Category A investigations
Serious complaints where Authority “may” decide to conduct it’s own investigation
IPCA Act 1988
Explain Category B investigations
Serious or Significant matters where Authority will actively oversee Police investigation
IPCA Act 1988
Explain Category C investigations
Appropriate for case resolution and referred to Police for conciliation
IPCA Act 1988
Explain Category D investigations
Minor matters requiring no further action, however Police may assess behaviour and learnings where performance can improve
IPCA Act 1988
With regards to the Authority investigating a matter, what can they ask from “any person” ?
May require “any person” who is able to give information about a matter, to provide all information and assistance needed to carry out its functions.
IPCA Act 1988 - MOU with the Authority
In addition to the Statutory requirements under s.13 and s.15, the Commissioner may notify the Authority of any other matter involving what and how is it best considered or applied?
- Anything (ie: Criminal or Serious Misconduct) that puts “reputation of Police” at risk.
Apply common sense and consider if matter will cause loss of Trust and Confidence in NZ Police
Initial Action on receiving a complaint
If matter not a complaint, just expression of dissatisfaction, then what action is taken ?
Without delay, make every effort to resolve by way of explanation
Initial Action on receiving a complaint
If complaint is made orally, then what action is taken ?
Employee receiving complaint must summarise in writing, or get complainant to, and get complainant to sign as soon as practicable
Initial Action on receiving a complaint
If person calls at Police Station OR Community Policing Centre, then what action is taken ?
Record complaint in writing - MUST NOT ask them to call another day or deal with someone else
Initial Action on receiving a complaint
If employee who is subject of complaint is only person available at Station, then what action is taken ?
You must record complainant’s details and promptly submit report to District PC Manager, Dist. Commander or National Manager, who will arrange independent employee to take complaint
Initial Action on receiving a complaint
If complainant unable or reluctant to call at Police Station to make complaint, then what action is taken ?
Must advise complainant arrangements can be made for them to be interviewed elsewhere
Initial Action on receiving a complaint
If complainant wishes their complaint to be received and recorded in presence of friend, relative or solicitor, then what action is taken ?
You must facilitate that request
Initial Action on receiving a complaint
If complaint is made on behalf of another person, then what action is taken ?
You should see the actual complainant in the first instance to confirm allegations and their wish for an investigation.
If solicitor makes complaint on behalf of client, make arrangements for clients interview through solicitor.
Initial Action on receiving a complaint
If complaint is made by a person in Police custody, then what action is taken ?
You must ensure questioning relates solely to matters directly relating to allegations.
Unless compelling reasons to contrary, you should allow person’s representative to be present during interview
Initial Action on receiving a complaint
District Professional Conduct officers must notify who of any complaints ?
National Manager: Police Professional Conduct at PNHQ … who in turn notifies the Authority.
Districts must NOT notify the Authority directly
Initial Action on receiving a complaint
Police Employees receiving a complaint must notify who of any complaints ?
Their Supervisor, who will :
* Issue appropriate instructions
* refer file to District PPC Manager - who will notify National Manager PPC
Police Professional Conduct
What is the definition of a Serious Complaint ?
Issue of such significant public interest, it puts or likely to put Police reputation at risk
Police Professional Conduct - Managing Investigations
Unless determined otherwise by the Commissioner, the overall responsibility for managing investigations rests with who ?
District Commander or National Manager.
Police Professional Conduct - Investigation Updates
How often must the District Commander provide updates to National Manager PPC on all investigations into alleged misconduct assigned to their area
Monthly
Police Professional Conduct - Investigation Updates
For “significant matters” subject to Commissioner’s notification, the District PC Manager must ensure updates are completed to the National Manager PPC, how often ?
Weekly
Police Professional Conduct - Investigation Updates
For significant matters, the District PC Manager must ensure weekly updates are completed to the National Manager PPC. What should the update include ? (4 things)
- Status of the investigation
- Any significant development in investigation
- Expected timeline to complete
- Any outstanding tasks associated with investigation
Police Professional Conduct - Investigation Updates
For significant matters, the District PC Manager must ensure weekly updates are completed to the National Manager PPC. If update is either incomplete OR indicates problems what should National Manager do ?
- Must escalate to Police executive Level where investigation is being conducted
Police Professional Conduct - Investigation Updates
If the executive wish to consult the IPCA regarding Police proposal’s under s.20(3), who should this be done through ?
The National Manager PPC
Early Intervention Policy
What are the four phases to EI ?
- Identification
- Analysis
- Engagement and Intervention
- Feedback and Follow Up
Early Intervention Policy
Can EI be used for disciplinary, performance appraisal or appointment processes ?
No !
Early Intervention Policy
What is EI aimed at achieving ?
- Identifies employees who are not performing to an acceptable and professional standard
- May present traits that pose a risk to themselves and Police (future misconduct or ethical behaviour)
- EI is preventative in nature, aimed at engaging in remedial and supportive manner through conversation, mentoring and internal or external assistance
Early Intervention Policy
The District Lead and Supervisor cannot disclose personal information outside of an EI meeting without employee’s consent UNLESS ?
They reasonably believe that disclosing information:
* is for one of the purposes for which the information was obtained or is directly related to one of these purposes; OR
Is necessary:
* to prevent or lessen serious threat to public health or safety
* to avoid prejudice to maintenance of the law
* as part of any Court process
Early Intervention Policy
What if behaviour is considered to be potential criminal, disciplinary or performance issue ?
It is considered unsuitable for EI and must be referred to appropriate person outside the EI team
Kia Tu
What is Kia Tu all about … it is standing for (What) and what is its purpose ?
Kia Tu It’s about standing for what is right, taking a stand for others, doing the right thing, being seen and heard, and being proud of who we are.
The purpose of Kia Tu is to prevent and resolve harmful behaviour at work, such as bullying, harassment, discrimination, sexual and racial harassment.
The responsibilities of Our People Leaders within Kia Tu are to ?
- Monitor work environments to identify factors contributing to unacceptable behaviour
- Address concerns of unacceptable behaviour before it occurs
- Promote a culture that enables team members to resolve concerns at the lowest level
- Formally report serious concerns of unacceptable behaviour
- Ensure team members are aware of this policy, process and support available
- Ensure support is provided to all people involved during consideration of concerns
- Assess and make adjustment to reporting lines or the work location as required
- Assign responsibility to another manager where there is a conflict of interest, or perceived conflict
- Provide support when formal concern has been raised by ensuring everyone involved:
*receives a fair hearing- kept informed during process
- has support person at meetings if they wish
- is provided with information being relied on by Police
- is encouraged to access Support Services
Protected Disclosures Act 2000 (Whistleblowers Act) … Threshold for “Serious Wrongdoing” is very high. Is an employee who makes a disclosure immune from Criminal, Civil or Disciplinary proceedings relating to the disclosure?
Yes … however confidentiality of their identity is not guaranteed
Protected Disclosures Act 2000 … what are Four reasons why identity of disclosing employee may be released ? (4 things)
- Employee consented to release
- essential to investigating the allegations
- prevent serious risk to public health, public safety or environment
- essential to comply with principles of natural justice
Integrity Reporting - when must an employee notify their supervisor about any of their behaviour falling short of Our Values ? (Off duty incidents)
- Any charges to be faced in Court
- Infringement Notices for EBA
- Suspension of D/L
- Infringement for excess speed 40km + over limit
- Respondent of PO
- Any charge or infringement could lead to D/L suspension
Initial Action on receiving a complaint
What is an “Expression of Dissatisfaction” (EOD) ?
ie: Police sirens heard at night, helicopter causing disturbance, not seeing Police on the beat etc.
This can be resolved at local level - does not need IPCA notification.
Managing Conflicts of Interest
A conflict of interest means what ?
A conflict between a public duty and private and/or personal interests (financial, family, friends, associates).
“CoI” may be actual, potential or perceived.
Managing Conflicts of Interest
Why is it important to manage CoI’s ?
A staff members conflict-of-interest can threaten Police’s integrity, because it can bring the organisations impartiality into question.
Accessing Trauma Support
When to Refer - There are certain circumstances under the policy where a supervisor must make a referral to their District Wellness advisor. What are they?
- Involvement in Critical Incidents
- Notifiable Injury or Illness (as defined in s.23 of Health and Safety at Work Act 2015
- Threat to Employees Life while on duty
- Disaster Victim Identification incidents
- Delayed recovery of bodies
- Unnatural Death
- Many Critical incidents in short period of time
- Incident involving Death of colleague
- Failing to protect life or injury at incident
- Death or Serious Injury to babies or young child
- Incidents involving Police officers or their families
- Unpleasant or stressful duties, ie: protracted inquiries
NOTE: Be proactive if staff have experienced cumulative or adverse events
Accessing Trauma Support
Referral to Psychologists - Referrals are mandatory following Critical incidents and in Exceptional circumstances - Define Exceptional circumstances?
A mandatory referral when had significant exposure to trauma, eg: Natural disasters, Mass Homicides, Acts of Terrorism
Accessing Trauma Support
Referral to Psychologists - Referrals for Critical incidents - explain when this MUST occur?
Referral to a psychologist for further assessment and/or debrief MUST occur when an employee is involved in a critical incident where their actions may have contributed to the death or life-threatening injury of a person
Accessing Trauma Support
Referral to Psychologists
After a critical incident, the first appointment with the psychologist will not occur earlier than - how many hours ?
72 hours following a critical incident
Accessing Trauma Support
Referral to Psychologists
After a critical incident, the second appointment with the psychologist should occur within - how many days ?
10 days post incident
Return to Work
Supervisors Role - What is your most important role when an employee takes time off because of illness or injury?
You must:
* Take the lead in initiating and managing the rehabilitation of your employees following work absences due to illness or injury
ACC Accredited Employer Programme (AEP)
Explain AEP from a Police perspective?
As part of our commitment to workplace safety, police have chosen to enter ACC’s accredited employer program (AEP), which means police is responsible for managing any workplace injuries
ACC Accredited Employer Programme (AEP)
What are the benefits to police?
- Injured employees have their needs assessed and receive the appropriate medical treatment in a more tailored approach to the needs
- We can offer a flexible working environment that enables injured employees to return to work sooner
- We have developed and maintained systems that prevent harm and support employees when injured
- We can provide support and targeted rehabilitation plans that focus on the specific needs of police employees.
** Another benefit (To Police) is that we have reduced ACC levies
ACC Accredited Employer Programme (AEP)
Who manages non-work injury claims ?
Gallagher Basset
ACC will allocate your team members non-work claim to GB for management if they have more than 7 days off work
ACC Accredited Employer Programme (AEP)
If an employee does not want their non-work claim to be managed by GB, can they choose to remain with ACC?
YES
Work-Related Injuries
What is a work injury?
An injury suffered at work, and can include:
* an accident or series of events
* work related gradual process, disease or infection (DOES NOT include Non-Physical stress)
* work-related noise induced hearing loss (more than 6%)
* work-related mental injury caused by a single significant event likely to cause mental injury to people generally
Work-Related Injuries
Who is covered for a work injury?
Applies to all paid employees:
* permanent employees
* staff on fixed term contracts.
* casual employees
Work-Related Injuries
Medical certificates must be provided for all ACC absences. A new medical certificate needs to be submitted when?
“BEFORE” the end date of an employees previous medical certificate
Return to Work
If employee is injured
(Work or home) What must you do within the first five days? (6 things)
- Advise WFM
- If a work injury, fill out an incident report within 48 hours
- Contact the employee within two days
- Receive a medical certificate for all ACC absences
- Complete the leave request and attach the leave certificate if your employee cannot do this
- Arrange meaningful alternative duties, if your employee is cleared for light duties, but not full duties
Return to Work
After 10 days plus, what 5 things should you ensure have been/are being done as a manager for your employee ?
- Keep WFM updated with any changes
- Ensure weekly contact with employee to identify any barriers and support they may need (provide updates to GB)
- Arrange a meeting with your employee to develop a return to work plan
- Send agreed and signed return to work plan to Return to Work Advisor
- Ensure Medical Certs are kept up to date
