AI 330 - Sworn Misconduct Management Flashcards
What is a DRC?
Discipline Review Committee
means the ad hoc committee convened at the request of the Superintendent of the Respondent O cer and shall consist of a total of ve Superintendents which may include Acting Superintendents. The Superintendent of the Respondent O cer shall be designated as the Chair and have the nal decision. Where the Respondent O cer is a member of Legal Services, the DC can be convened at the request of General Counsel, and shall consist of the General Counsel and four Superintendents including Acting Superintendents. The General Counsel shall be designated as the Chair and have the nal decision
What is formal Discipline?
means the process utilized to resolve an allegation of misconduct or unsatisfactory work performance that the Chief of Police or designate determines to be of a serious nature or that is otherwise not resolved through the Informal Discipline process.
What is informal discipline?
is the process utilized to attempt to resolve Misconduct or Unsatisfactory Work Performance without a Discipline Hearing where the Chief of Police or designate is of the opinion that the misconduct is not of a serious nature.
What is Progressive Discipline?
means the application of increasingly serious sanctions to a member’s misconduct in an effort to correct the member’s behaviour. Nevertheless, the particular misconduct of a member may be so serious that a more serious sanction is warranted, despite the absence of prior warnings or disciplinary action.
What are the resolution assessment factors?
(i) public interest;
(ii) seriousness of the misconduct;
(iii) recognition of the seriousness of the misconduct;
(iv) relevant personal circumstances;
(v) provocation;
(vi) procedural fairness considerations;
(vii) employment history;
(viii) potential to reform or rehabilitate the o fficer
(ix) impact on the police officer and their family;
(x) consistency of disposition;
xi) specific and general deterrence;
(xii) the approach of York Regional Police to the misconduct in question; (xiii) damage to the reputation of the police service;
xiv) effect on publicity; and
(xv) the loss resulting from unpaid interim administrative suspension.
What is a working file?
means a single le, for each member, kept on SharePoint or as a hardcopy le at a Bureau, District, or Unit, for the purposes of maintaining copies of documents related to performance management and may include documents such as email messages between a supervisor and a member, notes about decisions taken with the member, memos, commendations, references to areas in need of improvement and copies of disciplinary records that do not meet the terms of expungement identi ed in the applicable working agreement.
What is a written reprimand?
means the written directive on a form YRP108A Sworn Informal Resolution issued by a sworn Senior O fficer to a member under the Informal Discipline process and includes:
(i) themember’sSuperintendent, sworn Senior O officer designate, or general counsel, issuing a written document informing the member they have committed misconduct and provides the member with an explanation as such;
(ii) the member acknowledges the misconduct; and
(iii) is maintained within the member’s personnel le for the time period prescribed by the Police Services Act and/or the current York Regional Police Association Uniform Working Agreement.
What is a Police officers informal discipline process?
- written reprimand
- directed counselling, treatment or training, direct participation in a specified program or activity, or any combination thereof
- forfeiture of up to 48 hours
- any combination of the above
Can a Sworn police officer revoke his consent to informal discipline?
Yes
By giving it in writing to a sworn senior officer proposing the resolution no later than 12 business days after the day on which the consent is given
If done
the matter, including all documentation, shall be referred to the chief of police to commence the formal discipline process by way of discipline hearing.
