Procedure 303-Disciplinary Procedures Flashcards Preview

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Flashcards in Procedure 303-Disciplinary Procedures Deck (152):
0

.02 Policy
A. The department is accountable for…

All official acts of its employees.

1

.01 This procedure provides for the noncriminal investigation and discipline when necessary of...

Sworn members.

2

.01 B. When a complaint focuses on a civilian member, the noncriminal investigation and discipline, when necessary, is determined by the civilian member's...

Division commander.

Prior test question

3

.02 B. The department adheres to and practices…

Progressive discipline.

4

.02C. To achieve the desired degree of effectiveness, disciplinary procedures address…

Considerations and expectations from three perspectives.

5

.02C. 1. The department addresses considerations and expectations from the following three perspectives:

1. Community/external concerns.
2. Departmental/internal concerns.
3. Employee concerns.

6

.02D. Shall coordinate all investigations of alleged noncriminal misconduct by sworn members of the department in accordance with this procedure.

The Internal Affairs Unit

Prior test question

7

.02E. Shall determine which unit or Department member shall investigate allegations of criminal misconduct made against a member of the department.

Chief of Police

Prior test question

8

.05B. Line complaints are subdivided as follows:

1. Line supervisory "Type A" complaint.

2. Line supervisory "Type B" complaint.

9

.03B. 1. Line supervisory "Type A" complaint.

The complainant requests contact by sworn members supervisor

10

.03B. 2. Line supervisory "Type B" complaint– The complainant does not wish to be contacted by (a.__ __) but relates a potentially (b.__ __) or relates only (c.__) or general information

a. a supervisor
b. substantive problem
c. nonspecific

Prior test question

11

.03C. Initially addresses line complaints, generally resulting in complainant satisfaction from the supervisor's initial contact.

The sworn member's immediate supervisor.

12

.03.C. When appropriate, the (a.__ __), With concurrence from the (b.__ __), address the sworn member's behavior with counseling, a written reprimand, or suspension of (c.__ __ __ __ __).

a. Section Commander
b. Division Commander
c. up to three calendar days

Prior Test question

13

.03C.1. All line complaints shall be investigated by the Officer's chain of command within…

twenty one (21) calendar days from the date of the written complaint.

Prior test question

15

.03C If the member does not agree with the contemplated disciplinary action within (_ __ __), the case will be forwarded to the (__ __ __) for investigation.

(five calendar days) (internal affairs unit)
Prior test question

15

.03C. Nothing prohibits an officer from seeking advice from the attorney or an association representative during the…

Five (5) calendar days time Period.

16

.04C Complaints investigated through the chain of command do not entitle the officer to have an attorney present during interviews with...

Their commanding officer.

17

.03C2. If the sworn member is the rank of captain or above, or has no Capt. in their chain of command, the officer's...

Division commander, Bureau commander or the Chief of police or his designee as appropriate, will investigate the complaint.

18

.03D All line complaint disposition reports shall be forwarded to the…

Internal Affairs Unit for review and disposition.

19

.04A. 3. Formal Complaints : Any conduct that exhibits the potential to require stringent disciplinary action in the form of a suspension that...

exceeds three calendar days.

Prior test question

20

.03C. This is not considered discipline.

Anything less than a one day suspension.

21

.04B Type of Complaint consisting of any allegation of harassment/discrimination/racial profiling:

Formal complaint

22

.04B Any allegation of unnecessary or excessive force is considered a…

Formal complaint

23

.04C1. Expedited disciplinary track, request must be made in writing to...

The Office of the Chief with a COPY of the formal complaint notification attached.

24

.04C. The request for expedited disciplinary track by sworn member is made to the...

Office of Chief.

Prior test question

25

.04C. Must agree to submit the matter to the expedited disciplinary track.

Both The sworn member and the Chief.

26

.04C3. Any disciplinary action must be agreed upon by the sworn member and The Chief, and must be enacted...

within 30 calendar days of the agreement.

Prior test question

27

.04D A suspension agreed to by a member may not be appealed or altered by:

– The Civil Service Commission.
– An arbitrator.
– Any court.

28

.04E. In no event can be expedited disciplinary track be requested within…

60 calendar days of the expiration of the complaint's 180 calendar day timeline.

Prior test question

29

.05B. (a.__) Receiving service complaints from citizens shall document the complaint to include complainant (b.__ __), the nature of the complaint, and details specific to the incident that may assist in addressing the (c.__).

a. Supervisors
b. Contact information
c. Dissatisfaction

30

.05 Service Complaints: This documentation shall be Forwarded directly to...

The internal affairs unit on written or electronic correspondence.

31

.05B. They should communicate to citizens making service complaints that their concerns will be documented the intent of providing feedback on department policy.

Supervisors

32

.06A All complaints of alleged misconduct by sworn members, except complaints initiated by the department, must identify a…

Principal complainant or aggrieved party from outside the department.

33

.07C2. A member who receives a complaint through personal contact shall direct the complainant as follows:

(1) Supervisor of the officer.
(2) Nearest available supervisor if officer's supervisor is unavailable.

Prior test question

34

.07C2b. A member who receives a complaint by telephone shall forward the complaint as follows:

(1) Supervisor of officer, if readily available.
(2) Communications Unit Supervisor.
(3) Internal Affairs Unit during business hours, 0800 – 1800 hrs.

35

.07C2(b) Communications Unit Supervisors receiving telephonic complaint shall determine the availability of a ...

Supervisor in the subject officer's Chain of command and dispatch the supervisor to contact the complainant.

36

.07C Telephonic: If the identity of the subject officer is unavailable,…

Any supervisor from the patrol division is dispatched to contact the complainant.

37

.07C. A member receives a written complaint shall...

Route the complaint to his immediate supervisor.

38

.08 B. "They"Contact and interview the complainant in accordance with section .09

Supervisory officers handling Type A line complaint and formal complaint.

39

.08B Although the complainant does not wish to be contacted, the supervisor shall attempt contact and encourage feedback.

Supervisory officers handling line supervisory type B complaint.

40

.08 Interview subject officers of the complaints in accordance with section .09

Supervisory officers handling supervisory type A or B complaints.

41

.08 Evaluate the information and address complaints that may require minor disciplinary action:

Supervisory officers handling supervisory type A or B complaints.

42

.08 Prepare reports upon disposition of the complaint which include information provided by the complainants, sworn members, and supervisory evaluation, including the methods in which complaints were addressed.

Supervisory officers handling supervisory type A or B complaints.

43

.08 Forward line complaint disposition reports through their chain of command to their section commanders or unit directors.

Supervisory officers handling supervisory type A or B complaints.

44

Route the preliminary complaint investigation packets through the chain of command to their section commanders or unit directors.

Supervisory officers addressing formal complaints.

45

.08 Immediately notify the section commanders or unit directors of any cases where an officer is involved in allegations of suspected criminal activity.

Supervisory officers addressing formal complaints.

46

Refer the complainants to the internal affairs unit to initiate comlaint.

Supervisory officers addressing formal complaints.

47

.08 Interview and OBTAIN WRITTEN REPORTS from the subject officer in accordance with section .09.

Supervisory officers addressing formal complaints.

48

.08 Obtain necessary information, which assists in the evaluation of the complaints.

Supervisory officers addressing formal complaints.

49

.08 Prepare preliminary complaint investigation packets including all the information provided by the complainants, sworn members' reports, and the supervisors' reports.

Supervisory officers addressing formal complaints.

50

.08 Supervisors will not enumerate or make recommendations as to the specific rule, regulation, policy, or procedure violated, nor will they make recommendations as to punishment.

Supervisory officers addressing formal complaints.

51

.08 Supervisors will only recommend either no disciplinary action is necessary or the complaint should be forwarded to the internal affairs unit for further investigation.

Supervisory officers addressing formal complaints.

52

.08C. Section commanders or unit directors receiving complaints shall…

Assign supervisory officers to investigate the complaints.

53

.08C. a. Review and evaluate the supervisors disposition of line complaint.

Section commanders and unit directors receiving disposition reports on line complaints.

54

.08C Implement disciplinary action, when necessary, up to a (3) day suspension (with concurrence of the division commander.

Section commanders and unit directors receiving disposition reports on line complaints.

55

.08C. Forward the line complaint disposition reports to the Internal Affairs Unit through their chain of command.

Section commanders and unit directors receiving disposition reports on line complaints.

56

.08 C. Review and evaluate the supervisor's preliminary complaint investigation packets

Section commanders receiving complaint investigation packets on on formal complaints.

57

.08C. Forward the preliminary complaint investigation packets, together with their recommendations, to the division commander.

Section commanders receiving complaint investigation packets on on formal complaints.

58

.08C. Upon receiving concurrence from the ranking officer on duty temporarily relieve from duty a sworn member accused of serious misconduct or suspected criminal activity.

Section commanders receiving complaint investigation packets on on formal complaints.

59

.08C. (a.__ __), upon receiving concurrence from the (a.__ __ __ __), temporarily relieve from duty a (b.__ __) accused of serious misconduct or suspected criminal activity.

a. Section Commanders
b. ranking officer on duty
c. sworn member

Prior test question

60

.08D. Division commanders receiving line complaint disposition reports concur with recommended disciplinary action, when necessary…

Up to a three day suspension.

Prior test question

61

.08D. Division commanders receiving complaint investigation packets on formal complaints may request further preliminary investigation, if necessary,…

Under exigent circumstances.

62

.08E. Internal affairs unit shall receive line complaint disposition reports and formal complaint investigation packets from…

Division commanders.

Prior test question

63

.08E. The internal affairs unit shall investigate…

Formal complaints of sworn member misconduct and present findings to the Chief's advisory action board.

64

.08E. Officers under investigation shall be informed...

48 Hours prior to being interrogated.

65

.08F. Shall investigate police vehicle crashes and present findings to the chief's city vehicle accident advisory action board.

Homicide unit

66

.08G. Shall review disciplinary cases investigated by the internal affairs unit prior to submission to the Chief's advisory action board.

Police legal advisor

67

.12 Citizen advisory action board quorum consists of…

Three members provided there are at least six active appointed members.

Prior test question

68

.18 Citizen members must be present to hear cases involving the…

Use of force, bodily injury, and unlawful search and seizure and any case which the subject officer requests Citizen participation if reasonable.

69

.12 Consists of sworn members as specified in current collective-bargaining agreement..

Police Advisory Action Board.

70

.12 Police Advisory Action Board Membership is open to any officer who has completed his (a.__ __ ___) and has not incurred a suspension during the (b.__ __ __).

a. Initial probationary
b. Previous 12 months

Prior test question

71

.12 Police Advisory Action Board quorum consists of...

(5) Members.

Prior test question

72

.12B. The chief of police may allow the following to attend the chief's advisory action board meeting:

(1) SAPOA representative.
(2) Police legal advisor
(3) Internal affairs unit representatives.

73

.12D. Serves as the custodian of all information concerning disciplinary cases the board reviews.

The board chairman.

Prior test question

74

.12D. Confines reviews of case jackets or confidential material to a designated area.

The board chairman.

75

.12D. The Board Chairman reviews published agendas...

At least seven days prior to each meeting.

Prior test question

76

.12D. Ensures proper rules of order are follow at meetings.

The board chairman.

77

.12D. Provides orientation for new board members.

The board chairman.

78

.13B. Makes a declaratory announcement about security.

The chairman.

79

Announces each case prepared for review by the board.

The chairman.

80

May reset a case at the respondent's request if sufficient cause exists.

The chairman.

81

Outlines misconduct cases.

An internal affairs unit representative.

82

The board may then ask questions of the…

Internal affairs unit representative presenting the brief.

83

The respondent is allowed the opportunity to speak before the board by the…

Board chairman.

84

.13B. May not introduce references or character witnesses.

The respondent

85

.13B. The respondent may request to have a (a.__) present who may provide input if requested by the (b.__).

a. Supervisor
b. Board

86

.13B. The Sworn member directs such requests to (a.__ ___ __), Who then notifies the supervisor requested to appear.

a. Their commanding officer

87

.13B. Shall advise the respondent that testimony is voluntary.

The chairman.

88

.13B. Shall advise the respondent of the rules and decorum of the proceedings.

The chairman.

89

.13E. Excuses the respondent, upon completion of testimony, after being advised any recommendations are advisory and the chief of police makes the final determination.

The chairman.

90

.13E. One of two determinations follows the discussion:

– Ready to vote.
– Further investigation required case is returned to investigative source.

91

.13E. Calls for a finding on determination of "ready to vote".

The chairman.

92

.13E. First vote is directed towards…

Determining a finding in the case.

93

.13E. The finding is determined to be one of the following:

1. Unfounded
2. Inconclusive
3. Sustained
4. Justified

94

.13E. The allegations reported did not occur.

Unfounded

95

.13E. The allegations could not be proved or disproved.

Inconclusive

96

.13E. The allegations reported are found to have occurred.

Sustained

97

The conduct complained of did occur, but was necessary and appropriate to accomplish a valid law enforcement objective.

Justified

98

.13E. Must exist to determine any finding.

A majority vote

99

.13E. If a majority vote cannot be obtained after subsequent discussion and votes...

The chairman will make the final decision.

100

.13E. Following a finding of "sustained" a discussion shall be held to...

Held to determine a recommendation for disciplinary action or other remedy.

101

.13E. Shall call for a vote by written secret ballot on the form provided.

The chairman.

102

.13E. Failure to achieve a majority decision is reflected on the record and submitted to the...

Chief of police.

103

.13E. The chairman shall record the results and recommendation of each board separately and submits necessary reports to the…

Chief of police for final approval.

104

.15 The Chief's City Vehicle Accident Advisory Action Board's name changes to "this" while in deliberation to determine a finding.

The City Vehicle Accident Advisory Action Board meeting. (CVAAB meeting)

105

.15 An Attending SAPOA representative to retains the right to discuss the matters of the…

CVAAB meeting with the SAPOA executive board, with the express purpose and only to the extent that a grievable issue comes into question.

106

.15 Chief of police may allow the following to attend the The City Vehicle Accident Advisory Action Board meeting:

1. SAPOA representative.
2. Police legal advisor.
3. A homicide unit representative.
4. COSA Risk Management Representative.

107

.16 A vote shall be taken in the city vehicle accident case to determine a finding of either:

1. Chargeable
2. Non-chargeable

108

.16 A finding of chargeable may be amended to...

"chargeable due to contributory factors"

109

.16 The sworn member failed to exercise reasonable care in the operation of the city vehicle, deviated from established driving practices.

The first part of the definition for "chargeable" and "chargeable due to contributory factors".

110

.16 Was a contributing factor to the crash based on unsafe speed and/or operation or violations of general manual procedure 609, Emergency Vehicle Operations.

The required element in the definition for a finding of "chargeable due to contributory factors"

111

.16 Makes the final decision if a "majority vote" required to determine any finding cannot be obtained.

The chairman.

112

.16 Was the major cause of the crash.

The required element in the definition for a finding of "chargeable".

113

.16 A discussion is held and information is presented to assign a point value to the crash following a finding of…

"Chargeable" or "Non-Chargeable"

114

.16 "Non–chargeable"

The sworn member exercised reasonable care and caution, the same care and caution that would be exercised by an ordinary and prudent person in the same circumstances as the sworn member, in the operation of the city vehicle.

115

Additional points are added to all "Chargeable" and "Chargeable due to contributory factors" Based on…

The severity of the crash.

116

.16 Point assessment for sworn members involved in police vehicle crashes is based on the following criteria:

1. Non-Chargeable (0 points)
2. Chargeable due to contributory factors (1)
3. Chargeable (2)

118

.16 Damage to the city vehicle that renders the vehicle a total loss.

2 additional points.

118

.16E The crash resulted in serious bodily injury, excluding death, to any persons.

(minimum 2 points)

119

.16E Damage to the city vehicle exceeds $5000 in repair costs but does not render the vehicle a total loss.

1 additional point.

120

.16E Crash resulted in bodily injury-(Physical pain, illness, or any impairment of physical condition)

(1 point)

121

.16E. If a chargeable or chargeable due to contributory factors crash results in a death.

No point value is assessed. The chief of police administers whatever discipline he deems appropriate.

122

.16E . If unsafe speed and/or operation is determined to be a contributing factor.

(Minimum 1 point)

123

.16E. Damage to city vehicles, used for additional points assessment, is based on Documentation provided by the…

Police garage.

124

.16E. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Serious bodily injury.

125

.16F. The (a.__ __ __) gives the point assessment for each. (b.__) and (c.__ __ __ __ __) crash the sworn member was involved in during the proceeding (d.__ __)

a. Homicide Unit Representative
b. chargeable
c. chargeable due to contributory factors
d. 24 months

127

.16F. The Board shall Calculate the total point assessment by adding the point assessment for the crash under review and point assessment of crashes previously charged as reported by the...

Homicide unit representative. (Prior test question)

127

.16F. Point assessment calculations are based on the date of...

the crash, not the board ruling date.

128

.16.F. Each crash not (__ _ __ __) will be removed from consideration for the sworn members cumulative point assessment total after (_ __).

(exceeding two points total) (12 months)

129

.16G. The board recommends disciplinary action to the chief based on the…

Sworn members cumulative point assessment total. (Prior test question)

130

.16G. The board recommendation based on the cumulative point total - 1 to 2.

Written counseling.

131

.16G. The board recommendation based on the cumulative point total - 3.

Written reprimand

132

.16G. The board recommendation based on the cumulative point total - 4.

1 day suspension

133

.16G. The board recommendation based on the cumulative point total - 6.

5 day suspension

134

.16G. The board recommends disciplinary action to the chief based on the cumulative point total - 5.

3 day Suspension

135

.16G. The board recommendation based on the cumulative point total - 7.

10 day suspension.

136

.16G. The board recommendation based on the cumulative point total - 8 or more.

Minimum (15) days suspension, possibility of indefinite suspension or job reassignment for numerous crashes within the (24) month period.

137

.16G. Recommended action shall be "temporary suspension" until the disposition of the charge.

Manslaughter, intoxicated manslaughter, intoxicated assault, criminal negligent homicide, failure to stop and render aid, driving while intoxicated as a result of the crash.

138

.16H. The Homicide Unit representative shall record the findings and point assessments in the...

Departmental driving record file. (Prior test question)

139

.17F. A record of any type of disciplinary action taken against a member shall be placed in the...

member's departmental personnel file. (Prior test question)

140

.17B. Shall ensure proper Implementation of the members Disposition with regard to any action other than suspension.

Respondent's Division Commander. (Prior test question)

141

.17C. Will either be placed on special assignment or required to ride with another officer until they pass a remedial driving course at the training academy.

Officers involved in two crashes within a 12 month period. (Chargeable or chargeable due to contributory factors)

142

.16J. Any crash resulting in a death, regardless of the ruling by the board, is…

Forwarded to the District Attorney's Office for review.

143

Matrix: Suspensions – more than three days.
Investigated via internal affairs to CAAB

FORMAL COMPLAINTS

144

-Significant behavioral infractions.
-Suspension beyond 3 days.
-Allegations of unnecessary force.
-Any incident requiring formal disciplinary proceedings to be properly resolved.

FORMAL COMPLAINTS

145

Generally constitute matters involving conduct that exhibits significant variance from behavioral expectations.

FORMAL COMPLAINTS

146

.15 The Chief's City Vehicle Accident Advisory Action Board's name changes to "this" while in deliberation to determine a finding.

The City Vehicle Accident Advisory Action Board meeting. (CVAAB meeting)

147

.16 A vote shall be taken in the city vehicle accident case to determine a finding of either:

1. Chargeable
2. Non-chargeable

148

.15 I. An an attending SAPOA representative
retains the right to discuss the matters of the CVAAB meeting with the...

SAPOA executive board, with the express purpose and only to the extent that a grievable issue comes into question.

149

.16 A finding of chargeable may be amended to...

"chargeable due to contributory factors"

150

.16 Was a contributing factor to the crash based on unsafe speed and/or operation or violations of general manual procedure 609, Emergency Vehicle Operations.

The required element in the definition for a finding of "chargeable due to contributory factors"

151

.17F. A record of any type of disciplinary action taken against a member shall be placed in the member's…

Departmental personnel file. (Prior test question)

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