Accident and Loss Control Policy 355.0

• Osceola County Sheriff's Office policy and procedures are outlined in this document
• The document number is 355.0
• The effective date is 12/30/19
• It was last reviewed on 12/03/14
• The subject is Accident and Loss Control
• Supersedes the 11/24/15 policy

Purpose

• Procedures are provided to document loss/damage to agency property
• A system is established for the Loss Control Review Board
• The system allows for review, evaluation, and attempts to determine causes of traffic crashes, loss, or damage to property involving agency personnel
• This is to maintain cost-effective operations
• This helps reduce the number of accidents and loss/damage to property

Policy

• Designated traffic crashes and lost or damaged property incidents must be investigated by the Loss Control Review Board

Definitions

• Minor Liability is defined as loss or damage of $250.00 or less
• Examples: proximity cards, keys, minor vehicle damage
• Traffic crashes are excluded from Minor Liability
• A traffic crash is defined as a vehicle colliding with another vehicle, object or person
• This includes pedestrians, animals, road debris, trees, utility poles, vehicles in transport, other property, animal or pedestrian

Procedures for Reporting Damage or Injury

• Loss/damage to property, including traffic crashes, must be reported
• It must be reported to the involved member’s on-duty/responsible supervisor
• Must be documented on an Accident/Loss Report (SO-03-01)
• Consistent with policy 247.0, Field Reports
• The supervisor must ensure proper completion and submission of the Accident/Loss Report
• It must be submitted via chain of command to their Major
• Within 24 hours of an accident, either an Accident Quick Form (SO-11-275) or an initial copy of the Accident/Loss Report must be submitted
• Send to the Fleet and Facilities Maintenance Section for repairs and insurance
• Submittal may be emailed to [email protected] or faxed to 407-348-1178
• Only the agency driver or person completing the report needs to sign the initial version of the Accident/Loss Report or the Accident Quick Form
• His/Her Major ensures required reports are forwarded to Human Resources and the Loss Control Review Board chairperson
• Members are prohibited from offering oral or written statements concerning liability relating to any damages
• This excludes the law enforcement agency investigating the accident
• It includes traffic crashes or personal injury unless ordered by the Sheriff or designee
• Loss/damage to agency property, whether or not it occurred as a result of a traffic crash, shall be documented on an Accident/Loss Report
• It must be forwarded via chain of command, to the member’s Captain
• The original report shall ultimately be forwarded to the Records Section
• Accident/Loss reports clearly indicating the involved member is not at fault, are reviewed by the member’s Major then forwarded to the Records Section
• Accident/Loss reports that the member’s Captain indicate the member may be chargeable must be forwarded to the Loss Control Review Board for review

Authority of Loss Control Review Board

• The Board serves in an advisory capacity to the Sheriff
• All of its authority and responsibility is derived from this order

Witnesses

• Individuals who do not work for the Sheriff’s Office may voluntarily appear before the Board
• Sheriff's Office members determined to solely be a witness, and are not in any way believed to be responsible for the loss or damage, must:
• Appear when ordered
• Answer any question submitted to them by the Loss Control Review Board
• Discontinue being questioned, if it is suspected during his/her appearance he/she is, or may be responsible for the loss or damage, or may be a subject of discipline relating to his/her appearance
• The board rules traffic crash or loss as “Chargeable” or “Non-Chargeable” on the part of the member
• The board determines the “preventability” of the loss, damage, or traffic crash
• Members responsible for the maintenance of equipment may be required to appear before the board regarding the maintenance and loss/damage of equipment
• Members found chargeable have the opportunity to appear before the board prior to the board’s final decision
• Appearance before the board is not mandatory
• If the sworn member chooses to appear, they shall:
• Waive his/her Law Enforcement Bill of Rights in writing using the Waiver of Police Officer’s Bill of Rights form (SO-08-217), prior to providing any statement to the board
• Answer any question submitted to him/her by the Loss Control Review Board
• Refusal to answer questions ends his/her participation

Board Membership

• The Loss Control Review Board consists of members appointed by the Sheriff
• Captains who sit/have sat on the Loss Control Review Board shall not sit on any Career Service Board/Disciplinary Appeals Board that may be empaneled from anything that went before the Loss Control Review Board during their appointment
• The Board is composed of:
• A Chairperson (senior officer present at a meeting) holding the rank of Lieutenant or above, and having voting privileges only in the event of a tie
• A Patrol Bureau Secretary designated by the Sheriff, serving as the Loss Control Representative (non-voting)
• Fleet Maintenance Manager/designee, a voting member, who is also an advisor
• A member of the Training Unit, a voting member, who is also an advisor
• Five (5) other voting members, appointed by the Sheriff
• The Loss Control Representative and Chairperson are permanent Board members until relieved by the Sheriff
• Remaining members serve on the Board as directed by the Sheriff

Responsibilities of the Board

• Investigate facts relating to policy or rule infractions that contributed to traffic crashes, loss and/or damage to property
• Identify trends
• Recommend ways to prevent future loss
• The Board reviews any incident requested by a Major or the Board Chairperson
• The Loss Control Review Board submits findings to the Patrol Major after completing each inquiry
• Whether or not an agency member reimburses/compensates the Sheriff’s Office has no bearing on the Loss Control Review Board’s decision of finding a member chargeable or non-chargeable

Responsibilities of the Chairperson

• Presides over all board meetings
• Advises Sheriff’s Office personnel, board members, and witnesses of the date, time, and location of board hearings at least 1 week prior to the board meeting
• Prepares and forwards information to the Patrol Major
• A list of members found chargeable for traffic crashes, loss, or damage of agency property
• Board recommendations to prevent future loss, regardless of findings
• Memos advising members found non-chargeable, forwarded via chain of command
• Requests additional information or witnesses

Responsibilities of the Loss Control Representative

• Serves as the official liaison officer for the Review Board
• Compiles, maintains, and at least one week before the Board is scheduled to hear case(s)
• Submits all records to be presented to the Board, via the Chairperson
• Current Accident/Loss Report(s) needing review
• Incident reports relating to the loss, damage, or traffic crash
• Subject Management Reports relating to the incident when the loss, damage, or traffic crash occurred

Responsibilities of the Fleet Maintenance Representative(s)

• Serves as the Fleet Maintenance Liaison for the Loss Control Review Board
• Provides subject matter expertise in the area of vehicle maintenance and repair for the Loss Control Review Board

Findings of the Loss Control Review Board

• Traffic crashes and the loss/damage of property incidents are reviewed
• Determines if the incident may be a policy/procedure violation
• What the Board shall NOT do:
  • Determine or recommend discipline for violations
  • Evaluate or offer opinions on potential policy violations relating to loss/damage
• The Board may determine if property loss/damage was caused by a member
• Board decisions/recommendations are determined by majority vote
• A determination that a traffic crash or loss/damage to property was caused by policy violation is forwarded to Patrol Major who notifies the appropriate manager

Responsibilities of Supervisors and Managers

• When a member is found chargeable, the Patrol Major/designee prepares a packet
• The packet is forwarded to the member’s supervisor for disciplinary determination
• The supervisor/manager completes agency disciplinary forms, guided by procedures for pending disciplinary actions
• When Policy 340.0 mandates remedial Collision Avoidance Training, supervisors/managers release members from duties to attend training as scheduled by Training Unit personnel

Handling Minor Liability Matters

• Members, if eligible, may elect to immediately reimburse the Sheriff’s Office for the loss/damage
• Chargeable members for Minor Liability loss/damage, may be allowed to compensate the Sheriff’s Office
• Eligible members may have no more than two opportunities within 12 months to compensate for loss/damage
• Payroll deduction pays the Finance Unit for replacement/repair within 90 days of being found chargeable or the loss/damage occurring, if choosing immediate reimbursement
• Members will not be disciplined for loss/damage if they choose to compensate for minor liability loss damage
• Supervisors having members wishing to compensate for minor liability loss must research involved member use of this privilege to validate ability to utilize this option
• This research will include:
  • Contacting the Finance Section to assess any records of prior payroll deductions for minor liability loss
  • Researching the agency database for any Accident/Loss reports where the responsible member is involved
  • Follow up with the Records section to review any related records and determine the member's relationship to the damage/loss
• Supervisors determining member eligibility for compensating the Sheriff’s Office for minor liability loss forward findings via inter-office memorandum through chain of command to the Finance Section to initiate the payroll deduction

Appeal Process

• The decision of the Board and/or the level of discipline awarded can be appealed
• Can be appealed through the Disciplinary Appeal Process found in Policy 340.0, Discipline, and Termination