13-11 Unsatisfactory Work Performance

Question 1

What is the Rationale?

Answer 1

The objectives of the performance improvement process are to correct identified work performance deficiencies and to achieve an acceptable level of performance by members.
This Procedure outlines the mechanism by which standards will be established and defines the remedial steps to be taken when a member’s performance does not meet established standards.

Question 2

Procedure

Answer 2

Unless specifically specified, in this Procedure “member” SHALL include any employee of the Toronto Police Service (Service).

Question 3

Standards for Work Performance - Work performance standards applicable to members can be found in:

Answer 3

 Service Governance
 Federal Statutes and associated Regulations
 Provincial Statutes and associated Regulations
 Municipal By-laws and Municipal Codes

Question 4

Standards for Work Performance - Command officers SHALL establish work performance standards for any specialized function within each command that

Answer 4

deviates from the prescribed duties for an equally ranked/classified member.

Question 5

Standards for Work Performance - Job descriptions, having regard to the definition of sundry duties, further define the

Answer 5

duties and requirements of civilian employees and SHALL be included in work performance standards.

Question 6

Standards for Work Performance - When job descriptions do not meet current needs or do not reflect new responsibilities, unit commanders SHALL ensure that revised draft job descriptions are forwarded to the_________. An approved job description is required prior to _________________, or before including the new responsibilities within Command work performance standards. These standards SHALL be maintained, published and communicated to all members within a command.

Answer 6

Unit Commander – Payroll & Benefits Administration – Benefits for final review, assessment and approval

measuring the performance of an employee against any new job requirements

Question 7

Standards for Work Performance - All work performance deficiencies should be addressed in a__________. Minor work performance deficiencies can generally be resolved through____________.
Because of the serious impact on the efficient operation of the Service, persistent work performance deficiencies must be corrected in a timely manner and a record kept of the results of actions taken.

Answer 7

timely manner

discussion, guidance or training provided to the member. Members must be provided the opportunity to improve work performance without adversely affecting their work record

Question 8

Supervisor Responsibility - Supervisors are responsible for providing______ including identifying _________ in consultation with the member.

Answer 8

consistent and effective supervision

performance deficiencies and taking appropriate steps to resolve them

Question 9

Supervisor Responsibility - Supervisors who maintain memorandum books SHALL make applicable entries in the memorandum book in regards to any work performance deficiency issue in compliance with

Answer 9

Procedure 13–17. NIP

Question 10

Supervisor Responsibility - Supervisors who are not normally required to maintain a memorandum book SHALL record minor performance deficiencies on a_____. A copy SHALL be provided to the civilian member and the TPS 649 SHALL be ______. In the event that disciplinary action is commenced with regard to a performance report, it SHALL be appended to the associated _____ and no additional copies SHALL be kept in the unit personal file.

Answer 10

TPS 649 to be placed in a civilian member’s unit personnel file

expunged from the file after two (2) years have passed without further negative performance reports

TPS 931

Question 11

Work Performance Issues- Examples of work performance issues that may form the basis for a complaint of unsatisfactory work performance include, but are not limited to

Answer 11

 incompetence
 quality of work
 quantity of work
 insubordination
 personal appearance
 engaging in personal activities detrimental to the job
 failure to co–operate
 missed deadlines
 frequent or repetitive errors
 excessive absenteeism or tardiness
Continued failure to meet an established work performance standard will result in an internal conduct complaint for police officers in compliance with Procedure 13–03, or in the initiation of the disciplinary process for civilian members in compliance with Procedure 13–09.

Question 12

Complaints of Unsatisfactory Work Performance - Complaints of unsatisfactory work performance may originate____________.

Answer 12

externally or internally

Question 13

Police Officer - Part IV of Ontario Regulation 268/10 made under the Police Services Act establishes certain criteria that must be met before an internal complaint of unsatisfactory work performance may be brought against a police officer.
Both internal and external complaints SHALL be handled in compliance with the applicable procedures in ____.

Answer 13

Chapter 13

Question 14

Civilian Members - All complaints of unsatisfactory work performance for civilian members SHALL be administered in the

Answer 14

same manner regardless of whether they are external or internal complaints. Section 1.2 of the Standards of Conduct SHALL be used as a guide for addressing complaints of unsatisfactory work performance for civilians.

Question 15

Special Review - Where a supervisor identifies the performance of a member that is less than satisfactory and the work performance deficiency cannot be corrected through discussion, guidance or training, the supervisor SHALL record the deficiency on a

Answer 15

TPS 955

Question 16

Special Review - A Special Review is a two (2) part process. The initial part involves an ___________. This initial meeting is intended to ensure that management practices or accommodation factors are not the root cause of the reported deficiency.

Answer 16

interview between the member and the unit commander

Question 17

Special Review - Where it is established that a supervisor or manager failed to provide ___________, an internal complaint SHALL be initiated against the supervisor or manager in compliance with the applicable procedures in Chapter 13.

Answer 17

adequate or necessary training or equipment, or failed to establish or communicate a work performance standard

Question 18

Special Review - The second part of the Special Review will be initiated where it is identified that the work performance deficiency is a persistent situation attributable to the individual member. A meeting between the unit commander, the assigned supervisor and the member will be held to

Answer 18

 develop a plan for corrective action
 profile the time frame for improvement
 detail the specific standard to be met
 explain the possible disciplinary ramifications if the standards are not met.

Question 19

Special Review - The time frame for a Special Review is__________. Additional review periods may be added where the member has demonstrated an effort to comply, but has not sufficiently met the threshold level, or the supervisor was
unable to fully observe the conduct of the member as a result of injury or illness. The additional review periods will be in increments of

Answer 19

ninety (90) calendar days

thirty (30) calendar days, to a maximum of ninety (90) calendar days.

Question 20

Special Review - No Special Review SHALL be initiated until the member has received a copy of the specific standard to be met and has been informed of the disciplinary consequences if the standard is not met.

The following outcomes are possible at the conclusion of a Special Review

Answer 20

Member meets standard:
TPS 955 is concluded and placed in the unit personnel file until two (2) full years have passed without further negative reports.

Member fails to meet standard:
If a police officer is unable to meet the standard, a TPS 901 will be generated and the internal complaint process will be initiated in compliance with Procedure 13–03.
If a civilian member is unable to meet the standard, a TPS 931 will be generated and the civilian disciplinary process will be initiated in compliance with Procedure 13–09.

Question 21

Member - When instructed to attend a work performance deficiency meeting SHALL

Answer 21

 attend at the designated location and time
 sign and accept service of the TPS 955, if applicable

Question 22

Supervisor - When a member has been identified as having a minor work performance deficiency SHALL

Answer 22

 meet with the member in private
 provide guidance or instruction targeted at correcting the deficiency
 continue to monitor the member for compliance
 record the matter in their memorandum book, or on a TPS 649 if not normally required to maintain a memorandum book

Question 23

Supervisor - When a work performance deficiency has been identified as persistent and it cannot be rectified through guidance or instruction SHALL

Answer 23

 generate a TPS 955
 meet with the member in private
 serve the member with a copy of the TPS 955
 forward the TPS 955 to a second–level supervisor
 continue to provide guidance or instruction targeted at correcting the deficiency

Question 24

Supervisor - When assigned to conduct a Special Review SHALL

Answer 24

 meet with the member in private
 conduct heightened monitoring of the member’s performance
 complete a TPS 956 for each thirty (30) day performance examination period
 continue to provide guidance or instruction targeted at correcting the deficiency
 advise the second–level supervisor throughout the Special Review and provide any recommendations

Question 25

Supervisor - If a member meets the standard threshold during the assessment period, the supervisor SHALL

Answer 25

conclude the examination and forward any recommendations to the second–level supervisor.

Question 26

Second-Level Supervisor - In addition to completing the applicable duties listed under a supervisor, where a subordinate is involved SHALL

Answer 26

 review any recommendations/information provided on an existing TPS 955
 meet with the member in private
 record the response given by the member, and/ or provide the member with the opportunity to respond
 ensure that any management practices or accommodation factors are remedied before processing the matter further
 re–evaluate the performance deficiency when the management practices or accommodation factors have been resolved, and
‒ forward the TPS 955 to the unit commander if the performance deficiency is attributable solely to the member, or
‒ where management practices or accommodation factors are the root cause of the deficiency, generate a TPS 901 or TPS 931, as the case may be, directed at the involved supervisor

Question 27

Second-Level Supervisor - When detailed to co–ordinate a Special Review SHALL

Answer 27

 assign sufficient persons with expertise to provide guidance and instruction to the subject member of the Special Review
 meet with the member and the supervisor to ensure the standards being observed, the plan of action,
measurement means and assessment date have been properly communicated
 advise the Unit Commander when the Special Review should be terminated and/or provide any other
recommendations

Question 28

Second-Level Supervisor - When advised that the member has satisfactorily progressed towards meeting the standard, or has accomplished the threshold SHALL

Answer 28

 make recommendation to extend the assessment period, if applicable
 terminate the review, if applicable
 forward the results/recommendations to the Unit Commander

Question 29

Second-Level Supervisor - When a Special Review has concluded and it is determined that the member did not meet the standard threshold SHALL ensure

Answer 29

 where a police officer is unable to meet the standard, a TPS 901 is generated and the internal complaint process commencing with Procedure 13–03 is followed
 where a civilian member is unable to meet the standard, a TPS 931 is initiated and ensure compliance with Procedure 13–09

Question 30

Definitions - Accommodation Factor

Answer 30

means providing accommodation to persons with any disability, as defined in the Accessibility for Ontarians with Disabilities Act.

Question 31

Definitions - Barrier

Answer 31

means anything that prevents a person with a disability from fully participating in all aspects of society because of their disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice.
[Source: Accessibility for Ontarians with Disabilities Act, S.2]

Question 32

Definitions - Individual Work Practices

Answer 32

means the manner in which members manage their time, workload, and work environment.

Question 33

Definitions - Management Practices

Answer 33

means the supervisory practices used to control the work environment and to assign tasks, and the methods used to communicate standards. Also includes the manner in which training needs are met and equipment issues are resolved.

Question 34

Definitions - Member

Answer 34

unless otherwise specified,
 for the purposes of the Standards of Conduct means any police officer, or any civilian member, or any auxiliary member
 for the purposes of the Service Procedures means any police officer, or any civilian member

Question 35

Definitions - Second–Level Supervisor

Answer 35

means the supervisor who directly oversees a member’s supervisor.

Question 36

Definitions - Service Governance includes:

Answer 36

• Police Services Board Policies and By-laws
• Toronto Police Service Collective Agreements
• Standards of Conduct
• Service Governance Definitions
• Policy and Procedure Manual
• Routine Orders
• specialized manuals issued by the Chief of Police
• unit-specific policies issued by their Unit Commander
• CPIC messages, and
• directions from a superior.

Question 37

Definitions - Special Review

Answer 37

in reference to work performance means a two (2) part process involving an initial interview with the unit commander about management practices and/or accommodation factors, and a second phase that may include heightened monitoring of performance beyond the annual evaluation to improve an individual’s work performance.

Question 38

Definitions - Sundry Duties

Answer 38

means the tasks associated with a primary task defined in a civilian job description that are too numerous to list.

Question 39

Definitions - Unsatisfactory Work Performance

Answer 39

means a failure to meet an established standard and may involve a single event, or the cumulative effect of a number of less serious events (as defined in Chapter 13, Appendix A).

Question 40

Definitions - Work Performance Deficiency

Answer 40

means a failure to meet an established standard and may involve a single event, or the cumulative effect of a number of less serious events (as defined in Chapter 13, Appendix A).