Investigations/Complaints 1.2.5 Flashcards Preview

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Flashcards in Investigations/Complaints 1.2.5 Deck (40)
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1
Q

Deviations in the investigation process can be authorized by whom?

A

Fire Chief or his designee

2
Q

What is the set standard on the progression of discipline?

A

There is none.

3
Q

What are the four factors to be considered for the progression of the disciplinary process?

A

How many offenses involved?
Seriousness of offenses?
Time interval and employee response to previous discipline.
Previous work history.

4
Q

When performance issues are noted in an employee, what are COs encouraged to do?

A

Document necessary conversations.

5
Q

When counsel is necessary, or an infraction is of a minor nature, what should be generated?

A

Letter of guidance

6
Q

To whom should letters of guidance be forwarded?

A

HR director

7
Q

To whom should a copy of a letter of guidance be forwarded?

A

Assistant Chief

8
Q

If an infraction has the potential to necessitate anything more formal than an LOG, who should the infraction be forwarded to ?

A

Assistant Chief

9
Q

For infractions more serious than those requiring an LOG, who will determine the need for investigation and make appropriate assignments?

A

Assistant Chief

10
Q

_________are an opportunity for the District to improve our operations and/or public perception of the services we provide.

A

Complaints

11
Q

What shall be done with all complaints?

A

Accept and document them.

12
Q

Is the complaint process incumbent on the cooperation of the complainant?

A

No

13
Q

If the complainant is not cooperative in the complaint process, who shall the complainant be listed as?

A

The District

14
Q

From what seven sources can a complaint originate?

A
An individual
Third party observer or otherwise aware of problem
Anonymous source
District employee
District chain of command
Non district source
Civil claim or suit
15
Q

What information, at a minimum, should be collected from a citizen making a complaint?

A

name
phone number
nature of complaint

16
Q

What is the timeframe for an employee to make an officer aware of a complaint that has been received?

A

within the employees duty shift

17
Q

If the employee has concerns that members in the chain of command may be involved in the misconduct who should they notify?

A

HR Director or Assistant Chief

18
Q

When misconduct is occurring in the presence of the officer, what shall the officer do?

A

Intervene as appropriate to stop the action.

19
Q

Who may initiate an immediate preliminary investigation?

A

The officer who observed the incident.

20
Q

What two things shall the officer or HR director do upon becoming aware of a complaint?

A

Refer to the AC

Forward complaint to HR or AC

21
Q

What three types of complaints are there?

A

Misconduct
Negligence
Dissatisfaction

22
Q

What three levels of misconduct and negligence complaints are there?

A

Serious-possible termination
Minor-termination unlikely
Undetermined

23
Q

A deliberate violation of a rule, policy, regulation, or directive.

A

Misconduct

24
Q

The omission to do something which a reasonable person, guided by those considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent person would not do.

A

Negligence

25
Q

Which two people have the responsibility to ensure that each complaint is processed and when necessary, followed up by an investigation?

A

AC

HR Director

26
Q

To which entities (6) may the AC assign an investigation?

A
Line officer
DC
BC
HR
outside agency
outside investigator
27
Q

As a general rule, investigations conducted by whom (2) shall be limited to those that can be conducted in a relatively informal manner, and shall not include the issuance of formal admonishments, the taking of formal recorded statements, or the collection of evidence?

A

line officers

BC’s

28
Q

Who may reclassify an informal investigation as a formal investigation and reassign it as deemed appropriate?

A

AC

29
Q

The initial questioning of persons to determine if a violation occurred.

A

informal inquiry

30
Q

Questioning of an employe identified as an alleged offender, or the accused, either through formal inquiry or direct knowledge of the investigating officer, shall be considered what?

A

An interrogation

31
Q

What is the proper order of interview subjects?

A
  1. complainant
  2. non employee witnesses
  3. employee uninvolved witnesses
  4. employee involved witnesses
  5. accused employee(s)
32
Q

How much, and what type of notice is required prior to an interrogation?

A

48 hours

written

33
Q

When must an interrogation be conducted?

A

on duty

7am-4pm

34
Q

What shall be the location of an employee interrogation?

A

District facility

35
Q

Who may accompany an employee to an interrogation?

A

A representative

36
Q

When may a representative of an employee at an interrogation speak?

A

To present circumstances that the employee may be unaware of.

37
Q

Employees may request a copy of the interrogation recording, as well as a transcript, at what cost?

A

no cost

38
Q

If an employee desires to appeal a decision, to whom and within what time frame shall they appeal?

A

AC

48hours

39
Q

Who acts as the hearing officer for an appeal?

A

AC or designee

40
Q

When shall the decision on the outcome of an appeal be announced?

A

At the close of the hearing.