8.220 Domestic Abuse and DUI Violations by Employees Flashcards
(21 cards)
Which two crimes depart from the policy “Criminal Violations by Law Enforcement Employees”, except for notifications, due to the availability of court-referred treatment programs?
- Domestic Abuse
2. DUI
“Pursuant to NRS 33.031, members who carry a firearm in the performance of his/her duties and are subject to an “extended order for protection” for domestic abuse may carry only…
A department-authorized firearm, and only while in the performance of his/her duties.”
When a department member is arrested and charged with either DUI or Battery Domestic Violence, the member’s chain of command will be notified. If the member is allowed to remain employed and completes a court-referred program, what are the immediate supervisor’s responsibilities?
- Address the employee’s behavior through,
a. Discipline and/or
b. Counseling, training or care programs - Ensure any reduction in discipline , wholly or in part, due to successful completed of court-
referred treatment retains the designation of the initial discipline. - Coordinate any voluntary follow-up care for the employee through PEAP.
What is the overall policy in regards to Batt D/V and DUIs by department members?
Department employee violations for domestic abuse and DUI are a breach of the department’s fundamental values, as well as the community’s confidence. Because of the nature of these offenses, it is the policy of this department to deal with offenders through administrative sanctions in conjuction with court-specified remedies.
When notified of alleged domestic violence by an employee, what will the supervisor do?
Employee’s Immediate Supervisor will:
- Address the employee’s behavior through:
a. Discipline; and/or
b. Counseling, training, or care programs. - Ensure any reduction in discipline, wholly or in part, due to the successful completion of court-referred treatment retains the designation of the initial discipline. For example, “40 hours suspension - reduced to a 20 hour suspension with option, plus 20 hours in abeyance, due to the satisfactory completion of a court-referral program.”
- Coordinate any voluntary follow-up care for the employee through PEAP.
What are the primary offenses that constitute a breach of the department’s fundamental values?
Domestic abuse and DUI violations
These offenses undermine community confidence in the department.
What is the policy of the department regarding employees who commit domestic abuse or DUI?
To deal with offenders through administrative sanctions and court-specified remedies
Support programs are available to assist members in resolving contributory problems.
How are criminal violations by employees generally handled?
In accordance with LVMPD 8.200, Criminal Violations by Law Enforcement Employees
Domestic abuse and DUI cases may have specific exceptions due to availability of court-referred programs
What may provide consideration for a reduction of disciplinary sanctions?
Successful completion of a treatment program
This is applicable in domestic abuse and DUI cases.
According to NRS 33.031, what must members carrying a firearm subject to an extended order for protection do?
Carry only department-authorized firearms while performing their duties
Who receives notification of an employee’s domestic abuse or DUI offense?
Employee’s Division/Office Commander
Notification can come through the ranking field lieutenant, chain of command, or other sources.
What must the Division/Office Commander determine regarding an employee’s firearm use?
Whether an extended order for protection has been entered
This determines if the member can use or possess a firearm.
If a member is prohibited from using or possessing a firearm, what must the Division/Office Commander ensure?
The member only has the firearm while on duty
The firearm must be stored by the member’s bureau commander or designee when off duty.
What happens if carrying a firearm is not essential to the member’s employment?
The member is instructed not to possess or use a firearm while on duty
This is part of the protocol for dealing with domestic abuse offenses.
What should the Division/Office Commander determine if an IAB complaint is sustained?
Whether the employee is agreeable to a court-referral action
Examples include treatment, counseling, or training.
What is the role of the employee’s bureau/area commander regarding court-referred programs?
Confer with the employee’s supervisor about implementation of the program and/or discipline
This ensures coordinated action within the department.
Division/Office Commander will determine, with input from the employee’s immediate chain of command, the range of discipline for the employee in the event a court referral is:
a. Not available for the offense
b. Not offered to the employee
c. Declined by the employee
d. Not satisfactorily completed
e. Completed, but with accompanying discipline.
What are the two approaches an employee’s Immediate Supervisor can take regarding the employee’s behavior?
Discipline and/or counseling, training, or care programs
Both are essential in addressing the employee’s violations.
What happens if discipline is reduced due to successful completion of a court-referred treatment?
The initial discipline designation is retained
Example: “40 hours suspension - reduced to a 20-hour suspension with option, plus 20 hours in abeyance.”
What is the purpose of coordinating voluntary follow-up care for the employee?
To support the employee through PEAP
This is part of the recovery process after disciplinary actions.
Employee’s Immediate Supervisor will:
- Address the employee’s behavior through:
a. Discipline; and/or
b. Counseling, training, or care programs. - Ensure any reduction in discipline, wholly or in part, due to the successful completion of court- referred treatment retains the designation of the initial discipline. For example, “40 hours suspension - reduced to a 20-hour suspension with option, plus 20 hours in abeyance, due to the satisfactory completion of a court-referral program.”
- Coordinate any voluntary follow-up care for the employee through PEAP
