Chapter 7 - Staff Management

Question 1

Code of conduct - who/when/why applies?

Answer 1

All employees of NZ Police. includes permanent, temp, casual, contractors, consultants etc.

Also applies outside of work hours.

The code provides general guidance and minimum expectations of behaviour.

Question 2

Misconduct

Answer 2

Behaviour or actions that breach this code of conduct or other police policies. It may result in formal disciplinary action.

• Breaching police policies or procedures
• Treating a person harshly
• Using abusive/offensive language
• Misuse of police internet/email systems
• Using any police database for any
  unauthorised/personal purposes
• Being absent from work/late without proper reason
• Failure to declare a conflict of interest
• Misuse/mistreatment or not taking care of police property
• Not complying with lawful/reasonable instructions without good/sufficient reason
• Bring police into disrepute through any actions/behaviour.

Question 3

Serious misconduct

Answer 3

Behaviour or actions that breach this code of conduct or other Police policies and employment agreements and seriously undermine or damage the trust and confidence police has in you. It calls into question if the employment relationship can continue. It may justify dismissal.

• Being convicted/pleading guilty to any offence.
• Corruption/Bribery
• Bullying/Harassment
• Sexual misconduct
• Theft/dishonesty of any kind
• Unauthorised access to/disclosure of any matter/information related to police business, includes NIA.
• Knowingly making a false declaration/statement
• Excessive unjustified violence.

Question 4

FEO

Answer 4

Any police employee can apply to vary/alter their hours.

Default position is yes. Working together to find a way to make it work.

Only a DC or National Manager can decline an application.

Manager can approve or recommend that it is not supported.

Question 5

Performance management

Answer 5

Is about seeking improvement through dialogue and providing support to enable the employee to perform satisfactorily.

Question 6

Performance management process

- 4 steps

Answer 6

Informal discussion

• encourage discussion
• identify underlying causes
• make suggestions as to how issues might be resolved

Performance meeting

• Where performance has not improved
• identify minimum standard of performance and how the current behaviour falls short.
• Discuss with HRM to consider possible options to remedy

Performance improvement plan

• PIP sets requirements and expectations of both parties.
• Employee must agree to it.

Completion of PIP

• standard met - PIP finishes
• performance monitoring may continue on a more informal basis
• ongoing dialogue is encouraged between employee and supervisor

Question 7

Instigating the disciplinary process for non performance

Answer 7

PIP required standard not achieved.

Consideration to revise the PIP or it may be appropriate for the matter to go directly to the progressive disciplinary process. EPM to be involved.

Question 8

Disciplinary process

Answer 8

Used to determine whether alleged breaches of our code/policies are substantiated.

Question 9

Disciplinary process - Initial Assessment

Answer 9

Identify if there is an issue that police needs to address/investigate.

If there is enough info, it may be appropriate to go straight to a disciplinary process.

Most cases can be dealt with by the manager with support from HR. In serious cases, ER can be involved.

Question 10

Disciplinary process - Categorisation

Answer 10

Determine whether the allegations are a performance matter/potential breach or a criminal matter.

Consideration given to notifying the IPCA if required.

Question 11

Disciplinary process - Criminal/Employment investigations

Answer 11

Where a matter leads to a criminal investigation and possible misconduct is identified, a separate employment investigation must be commenced with a separate investigator.

Employment matters can be held in abeyance - consideration to be given. National manager PC and National Employee relations manager to be consulted when the employment matters may be recommenced.

Regardless of criminal justice outcome - where appropriate police will under take employment investigations to determine if there is a breach of CoC..

Question 12

Disciplinary process - Restricted duties, Suspension and Stand Down.

Answer 12

RD/S/SD may be appropriate whilst an employee is under investigation to mitigate risks that may arise.

• Risks to health/safety of employee/others
• Risks that the employee will interfere with the investigation/police operations or disrupt police routines.
• The nature/gravity of the alleged conduct may prejudice the public interest/potentially damage police rep

Question 13

Disciplinary process - Drafting allegations

Answer 13

Clearly outlining the allegation - fairly informs them of your concerns about their conduct, why police would consider that behaviour unacceptable, enable them to properly respond.

Question 14

Disciplinary process - Investigation initial steps

Answer 14

Purpose: To establish/consider the facts. Assess whether the employee actions are in breach of CoC.

Do the allegations need to be investigated further? - straight to disciplinary meeting?

In many situations the direct manager will be a suitable investigator. If the matter is serious or of a sexual nature a more senior investigator may be appropriate.

Plan the scope of the investigation - ensures it does not get bigger than it needs to and timeliness is maintained.

Question 15

Disciplinary process - The investigation

Answer 15

Purpose: To establish/consider the facts. Assess whether the employee actions are in breach of CoC.

The investigator provides unbiased independence.

Establish if there has been a breach and recommend whether it is serious/misconduct.

Question 16

Disciplinary process - Investigation meeting

Answer 16

Purpose: To hear from the employee regarding their view and explanation on the situation/conduct.

Seek clarity/explore any aspect of the situation that is not clear/where witness accounts do not match.

Articulate the facts in a report, consider the allegations and whether they are substantiated. Explain why/not.

Send a copy of the draft report to the employee for their comment. If serious misconduct - to ER for review and if a cat1/2 matter - to IPCA.

Question 17

Disciplinary process - Making the decision

Answer 17

Disciplinary warning - DC or National Manager and above. Can be delegated to inspectors. Decision made in consultation with their manager and HR.

Dismissal - DC, General Manager: Training, National Manager, Communication Centres and SITE, Assistant Commissioners + in consultation with their manager and HR.

Preliminary decision - consider the facts and all information. this is the outcome you are leaning towards.

Final decision - Prior to making this, the employee is entitled to comment on the prelim decision. In person/writing. Consider their comments and any alternatives proposed. Make appropriate follow up enquiries as required and respond to the comments.

Completion - If initiated by IPCA - memo sent to PPC to advise IPCA.

Question 18

Disciplinary process - Outcomes

Answer 18

NFA, Performance Management and prof conversations are available for low level/no misconduct. No disciplinary outcomes.

Warning/Final warning
Dismissal.

Question 19

Disciplinary process - Warning/Final

Answer 19

In serious matters, a final warning may be appropriate as a first response.

Warning - generally for misconduct
Final warning - generally for serious misconduct matters/where previous warnings have been issued. A step away from dismissal.

Must be recorded in writing, it is effective from the date of issue.

Question 20

Disciplinary process - Dismissal

Answer 20

Appropriate when the assessed conduct is such that police have no trust or confidence in the employee.

• Further misconduct occurs when employee is on a final warning.
• Finding of serious misconduct - warranting dismissal.
• Repeated performance issues which have not been remedied through performance management.

As decision maker - consideration to be given to alternatives.

If the decision is made - in most cases notice will be provided. In serious matters it may be appropriate the employee will not be required to work out their notice.

Question 21

Early Intervention purpose

Answer 21

A preventative approach and not disciplinary.

Four stages:

• Identification
• Analysis
• Engagement and Intervention
• Feedback and Follow up.

Question 22

Early intervention code

Answer 22

Respect and maintain the privacy of our employees, and the confidentiality of early intervention info.

It is not disciplinary.

Use the four stages.

No info is recorded on the employee’s file.

Question 23

Early intervention referral options

Answer 23

Self referral to their supervisor, the district early intervention lead.

Peers to their supervisor who will in turn notify and refer the matter to the EI team.

Supervisors

EI database -

Question 24

Early intervention - engagement and intervention

Answer 24

EI to approach the employee’s supervisor to discuss their situation further. Together - determine if a EI meeting is required.

Main focus of the district lead of EI team to support and facilitate supervisors conducting the meetings.

Question 25

Early intervention - Feedback and follow up.

Answer 25

District lead will follow up with the supervisor and employee. Has the agreed support and follow up actions been arranged? Feedback on intervention process.

Question 26

Harassment and discrimination policy - Serious allegation

Answer 26

An allegation that when taking into account all the circumstances - It presents a reasonably perceived risk of physical/significant emotional harm to the complainant or other people that the policy applies to. And/or - may amount to serious misconduct if proved following investigation.

Question 27

Harassment and discrimination policy - Sexual harassment

Answer 27

Any employee who directly/indirectly - makes a request of another employee for any form of sexual contact/activity - implied/overt. - Promise of preferential treatment / threat of detrimental treatment to their present/future employment. Or by the use of language (written or spoken or visual material) where that language is unwelcome or offensive. Repeated or of a significant nature that has a detrimental effect on the employee's performance/job satisfaction.

Question 28

Harassment and discrimination policy - Harassment

Answer 28

Illegitimate behaviour, unwelcome/unsolicited, considered to be offensive/intimidating/humiliating or threatening. Repeated or of a significant nature that has a detrimental effect on the employee's performance/job satisfaction.

Question 29

Harassment and discrimination policy - Discrimination

Answer 29

refusing or omitting to offer/afford an employee the same terms/conditions of work as made available to other employees in equal position (qualifications, exp, skills) Dismissing them or subjecting them to detriment, retiring/causing them to retire. Based on race, religion, religious beliefs, sex, marital status, disability, sexual orientation etc.

Question 30

Professional distance - External relationships to be avoided:

Answer 30

Due to the risk of conflict of interest or imbalance of power: - Offenders - When they have current charges and/or known CRH. - Victims - Witnesses and their family members - Informants - Vulnerable persons where a duty of care exists - Any person in custody - Complainants

Question 31

Professional distance - Internal relationships to be avoided:

Answer 31

Due to the risk of potentially unequal relationships, conflicts of interest or where an employee is in a decision making role with respect to another employee. Likely to include: Employees on a reporting line with one another, Instructors and recruits.