Podcast
Questions and Answers
What is the purpose of a review initiated by a finding of Exonerated Due to Policy Failure?
What is the purpose of a review initiated by a finding of Exonerated Due to Policy Failure?
- To determine the punishment for the employee
- To draft a recommendation to resolve the policy failure (correct)
- To dismiss the employee without the right to appeal
- To initiate a criminal investigation
What is the duration of the initial probation period in a job classification?
What is the duration of the initial probation period in a job classification?
- 12 months (correct)
- 6 months
- 24 months
- 18 months
What is the purpose of Non-Punitive Action?
What is the purpose of Non-Punitive Action?
- To initiate a criminal investigation
- To punish the employee for misconduct
- To terminate the employee's contract
- To modify or improve behavior and elicit compliance with established policies (correct)
What is the definition of Punitive Disciplinary Action?
What is the definition of Punitive Disciplinary Action?
What is the purpose of Sanctions?
What is the purpose of Sanctions?
What is the definition of Sustained?
What is the definition of Sustained?
What is the definition of Tolling of an Investigation?
What is the definition of Tolling of an Investigation?
What is the definition of Unfounded?
What is the definition of Unfounded?
What is the purpose of receiving and documenting citizen concerns and complaints?
What is the purpose of receiving and documenting citizen concerns and complaints?
Who is responsible for receiving and forwarding citizen concerns and complaints?
Who is responsible for receiving and forwarding citizen concerns and complaints?
What is the primary purpose of this standard operating procedure?
What is the primary purpose of this standard operating procedure?
Which of the following personnel are subject to the guidelines set forth in this procedure?
Which of the following personnel are subject to the guidelines set forth in this procedure?
What is discipline, according to this procedure?
What is discipline, according to this procedure?
What is the purpose of effective disciplinary action in law enforcement?
What is the purpose of effective disciplinary action in law enforcement?
What is a Citizen Complaint Report, according to this procedure?
What is a Citizen Complaint Report, according to this procedure?
Under what circumstances may a deputy be relieved of official duties and reassigned to an administrative assignment?
Under what circumstances may a deputy be relieved of official duties and reassigned to an administrative assignment?
What happens to a deputy's pay and benefits when they are placed on administrative leave with pay?
What happens to a deputy's pay and benefits when they are placed on administrative leave with pay?
What is a Complaint of Official Misconduct?
What is a Complaint of Official Misconduct?
Who may place a deputy on administrative leave with pay?
Who may place a deputy on administrative leave with pay?
What is the purpose of the Employee Performance Management System (EPMS)?
What is the purpose of the Employee Performance Management System (EPMS)?
Why may a deputy be placed on suspension without pay?
Why may a deputy be placed on suspension without pay?
What does it mean when a deputy is exonerated?
What does it mean when a deputy is exonerated?
What happens when a deputy is arrested for or charged with a felony or misdemeanor crime?
What happens when a deputy is arrested for or charged with a felony or misdemeanor crime?
What is the maximum duration of administrative leave with pay?
What is the maximum duration of administrative leave with pay?
What happens to a deputy's duties when they are placed on administrative assignment?
What happens to a deputy's duties when they are placed on administrative assignment?
What type of allegations or circumstances require investigation by the Professional Standards Bureau?
What type of allegations or circumstances require investigation by the Professional Standards Bureau?
What is the purpose of a Suspension Memo and Benefits Information Form?
What is the purpose of a Suspension Memo and Benefits Information Form?
What is the purpose of GEN SOP 122.06?
What is the purpose of GEN SOP 122.06?
What types of incidents are investigations typically handled by the district/division personnel?
What types of incidents are investigations typically handled by the district/division personnel?
Who has the authority to initiate a formal misconduct investigation?
Who has the authority to initiate a formal misconduct investigation?
What should the investigator obtain from the District/Division Commander?
What should the investigator obtain from the District/Division Commander?
What should be exercised by supervisors or Professional Standards Bureau detectives?
What should be exercised by supervisors or Professional Standards Bureau detectives?
When should supervisors or Professional Standards Bureau detectives meet with the complainant?
When should supervisors or Professional Standards Bureau detectives meet with the complainant?
What should be documented by entering the information into the respective computer program?
What should be documented by entering the information into the respective computer program?
What form is used for all complainants, witnesses, and accused deputies?
What form is used for all complainants, witnesses, and accused deputies?
What is the purpose of an informal inquiry?
What is the purpose of an informal inquiry?
What should a supervisor do if an informal inquiry determines that a formal misconduct investigation is warranted?
What should a supervisor do if an informal inquiry determines that a formal misconduct investigation is warranted?
What should investigative interviews be?
What should investigative interviews be?
What are some examples of circumstances in which training or sanctions may be used in lieu of discipline?
What are some examples of circumstances in which training or sanctions may be used in lieu of discipline?
When should identifiable witnesses be interviewed?
When should identifiable witnesses be interviewed?
What is the purpose of administrative assignment?
What is the purpose of administrative assignment?
Where should accused personnel be questioned?
Where should accused personnel be questioned?
What right do accused law enforcement and detention deputies have during the interview?
What right do accused law enforcement and detention deputies have during the interview?
What should a supervisor take possession of when a deputy is placed on administrative assignment?
What should a supervisor take possession of when a deputy is placed on administrative assignment?
What is the purpose of informing the affected personnel that they are prohibited from acting in the capacity of a law enforcement or detention deputy?
What is the purpose of informing the affected personnel that they are prohibited from acting in the capacity of a law enforcement or detention deputy?
What should a supervisor do when a subordinate is relieved from official duties?
What should a supervisor do when a subordinate is relieved from official duties?
What should be included in a Citizen Complaint Report?
What should be included in a Citizen Complaint Report?
Who may conduct an informal inquiry?
Who may conduct an informal inquiry?
What is used to accomplish a written notification in an investigation?
What is used to accomplish a written notification in an investigation?
When can the accused deputy review the complaint and all statements?
When can the accused deputy review the complaint and all statements?
What is the exception to reviewing witness statements in a correctional facility?
What is the exception to reviewing witness statements in a correctional facility?
What is the discretion of the Sheriff in an administrative investigation?
What is the discretion of the Sheriff in an administrative investigation?
What must the accused deputy do if interviewed?
What must the accused deputy do if interviewed?
What is the consequence of refusing to answer questions related to official duties?
What is the consequence of refusing to answer questions related to official duties?
What is allowed under certain circumstances in an administrative investigation?
What is allowed under certain circumstances in an administrative investigation?
What is subject to search at any time?
What is subject to search at any time?
What can be monitored at any time under certain conditions?
What can be monitored at any time under certain conditions?
What can personnel request to clear their name?
What can personnel request to clear their name?
Who should supervisors contact for investigative advice and techniques?
Who should supervisors contact for investigative advice and techniques?
What is the purpose of the 45-day rule for misconduct investigations?
What is the purpose of the 45-day rule for misconduct investigations?
What is the time limit for completing misconduct investigations?
What is the time limit for completing misconduct investigations?
What must the investigator do upon completing the investigation phase?
What must the investigator do upon completing the investigation phase?
What must the investigator include in the Complaint Investigation Report Form?
What must the investigator include in the Complaint Investigation Report Form?
How should district/division level investigation reports be secured?
How should district/division level investigation reports be secured?
What should a manager do if an employee cannot complete the initial probationary period?
What should a manager do if an employee cannot complete the initial probationary period?
What is the purpose of the Tolling of Investigation section of the Complaint Investigation Notification and Status Form?
What is the purpose of the Tolling of Investigation section of the Complaint Investigation Notification and Status Form?
Why must the investigator verify the contents of the report?
Why must the investigator verify the contents of the report?
Who should supervisors contact for legal sufficiency and defense?
Who should supervisors contact for legal sufficiency and defense?
What is the primary responsibility of the District/Division Commander in the disciplinary phase?
What is the primary responsibility of the District/Division Commander in the disciplinary phase?
What is the purpose of a Letter of Counseling?
What is the purpose of a Letter of Counseling?
What happens to a completed and signed Letter of Counseling after review by the Sheriff?
What happens to a completed and signed Letter of Counseling after review by the Sheriff?
What is considered when determining the disciplinary recommendation for a sustained allegation?
What is considered when determining the disciplinary recommendation for a sustained allegation?
Who is responsible for reviewing the investigation report and submitting a disciplinary recommendation?
Who is responsible for reviewing the investigation report and submitting a disciplinary recommendation?
What is the purpose of contacting the Professional Standards Bureau when disciplinary measures are contemplated?
What is the purpose of contacting the Professional Standards Bureau when disciplinary measures are contemplated?
What is the final step in the process after a Letter of Counseling or Letter of Reprimand is signed by the Sheriff?
What is the final step in the process after a Letter of Counseling or Letter of Reprimand is signed by the Sheriff?
What is the purpose of a Letter of Reprimand?
What is the purpose of a Letter of Reprimand?
What happens to the original investigation report after the disciplinary process is complete?
What happens to the original investigation report after the disciplinary process is complete?
Who is responsible for contacting the deputy's District/Division Commander after a Letter of Counseling or Letter of Reprimand is received?
Who is responsible for contacting the deputy's District/Division Commander after a Letter of Counseling or Letter of Reprimand is received?
What is the deadline for the Deputy to receive the Complaint Review Board Hearing Form?
What is the deadline for the Deputy to receive the Complaint Review Board Hearing Form?
How many members will the Complaint Review Board consist of?
How many members will the Complaint Review Board consist of?
Who selects the fifth member of the Complaint Review Board?
Who selects the fifth member of the Complaint Review Board?
What is the requirement for nominated personnel to be selected as a Complaint Review Board member?
What is the requirement for nominated personnel to be selected as a Complaint Review Board member?
What is the purpose of selecting unbiased personnel for the Complaint Review Board?
What is the purpose of selecting unbiased personnel for the Complaint Review Board?
Who will notify the affected Deputy of the final Complaint Review Board members?
Who will notify the affected Deputy of the final Complaint Review Board members?
What will the District/Division Commander provide to the Complaint Review Board members?
What will the District/Division Commander provide to the Complaint Review Board members?
Who will provide an overview of the basis for the recommended findings and discipline?
Who will provide an overview of the basis for the recommended findings and discipline?
What is the primary role of the Complaint Review Board?
What is the primary role of the Complaint Review Board?
Is the Complaint Review Board proceedings allowed to be audio or video recorded?
Is the Complaint Review Board proceedings allowed to be audio or video recorded?
How many days does the Complaint Review Board have to complete its review, excluding weekends and holidays?
How many days does the Complaint Review Board have to complete its review, excluding weekends and holidays?
What will happen to the work schedules and/or assignments of selected Complaint Review Board members?
What will happen to the work schedules and/or assignments of selected Complaint Review Board members?
What happens to the initial charges if the disciplinary recommendation is downgraded to a non-punitive action?
What happens to the initial charges if the disciplinary recommendation is downgraded to a non-punitive action?
What is the minimum preparation period for a deputy before a pre-disciplinary hearing?
What is the minimum preparation period for a deputy before a pre-disciplinary hearing?
What happens if a deputy has multiple punitive disciplinary action cases being processed at the same time?
What happens if a deputy has multiple punitive disciplinary action cases being processed at the same time?
Who moderates the pre-disciplinary hearing?
Who moderates the pre-disciplinary hearing?
What is the purpose of the Complaint Review Board's memorandum to the Sheriff?
What is the purpose of the Complaint Review Board's memorandum to the Sheriff?
What is the purpose of the deputy's designated representative or legal counsel in the Complaint Review Board process?
What is the purpose of the deputy's designated representative or legal counsel in the Complaint Review Board process?
What happens if the pre-disciplinary hearing extends beyond the normal tour of duty of the accused?
What happens if the pre-disciplinary hearing extends beyond the normal tour of duty of the accused?
What is the requirement for sworn personnel to receive a green category separation and retirement credentials?
What is the requirement for sworn personnel to receive a green category separation and retirement credentials?
Under what circumstances may the Sheriff grant a two-day extension to the Complaint Review Board's review process?
Under what circumstances may the Sheriff grant a two-day extension to the Complaint Review Board's review process?
What is the purpose of the affected District/Division Commander in the Complaint Review Board process?
What is the purpose of the affected District/Division Commander in the Complaint Review Board process?
What is the purpose of the Notice of Pre-Disciplinary Hearing Form?
What is the purpose of the Notice of Pre-Disciplinary Hearing Form?
What may the Complaint Review Board request if they need additional information?
What may the Complaint Review Board request if they need additional information?
What happens if the deputy elects for a pre-disciplinary hearing?
What happens if the deputy elects for a pre-disciplinary hearing?
Who must review disciplinary recommendations that could result in a suspension of 30 days or more, demotion, or dismissal?
Who must review disciplinary recommendations that could result in a suspension of 30 days or more, demotion, or dismissal?
What is the role of the Complaint Review Board members?
What is the role of the Complaint Review Board members?
What happens if a strong and compelling need exists to delay a pre-disciplinary hearing?
What happens if a strong and compelling need exists to delay a pre-disciplinary hearing?
What is the purpose of the Complaint Review Board's summary?
What is the purpose of the Complaint Review Board's summary?
What happens to the finding of the rule violation on the Complaint Investigation Report Form if the District/Division Commander determines an alternate finding is more appropriate?
What happens to the finding of the rule violation on the Complaint Investigation Report Form if the District/Division Commander determines an alternate finding is more appropriate?
What happens to the accused deputy's written statement after it is submitted to the hearing officer?
What happens to the accused deputy's written statement after it is submitted to the hearing officer?
What is the deadline for the accused deputy to submit a written statement to the hearing officer?
What is the deadline for the accused deputy to submit a written statement to the hearing officer?
What happens if a deputy fails to appear at a pre-disciplinary hearing and does not provide notice or cause?
What happens if a deputy fails to appear at a pre-disciplinary hearing and does not provide notice or cause?
What is the result of a deputy waiving their right to a pre-disciplinary hearing?
What is the result of a deputy waiving their right to a pre-disciplinary hearing?
When must the accused deputy notify their District/Division Commander of their intent to have a Complaint Review Board?
When must the accused deputy notify their District/Division Commander of their intent to have a Complaint Review Board?
What happens if the pre-disciplinary hearing results in a different finding than initially recommended?
What happens if the pre-disciplinary hearing results in a different finding than initially recommended?
What is the purpose of the introductory statement at the beginning of a pre-disciplinary hearing?
What is the purpose of the introductory statement at the beginning of a pre-disciplinary hearing?
What is included in the disciplinary file?
What is included in the disciplinary file?
What may a deputy bring to a pre-disciplinary hearing as evidence?
What may a deputy bring to a pre-disciplinary hearing as evidence?
What happens if the deputy elects not to have a Complaint Review Board?
What happens if the deputy elects not to have a Complaint Review Board?
What is the role of a representative in a pre-disciplinary hearing?
What is the role of a representative in a pre-disciplinary hearing?
What is the purpose of the Complaint Review Board process?
What is the purpose of the Complaint Review Board process?
What happens to the audio recording of a pre-disciplinary hearing?
What happens to the audio recording of a pre-disciplinary hearing?
What is the deadline for the deputy to submit the completed Complaint Review Board Hearing Form?
What is the deadline for the deputy to submit the completed Complaint Review Board Hearing Form?
What is the purpose of a written statement submitted by a deputy in lieu of a personal appearance at a pre-disciplinary hearing?
What is the purpose of a written statement submitted by a deputy in lieu of a personal appearance at a pre-disciplinary hearing?
What happens if the deputy elects to have a Complaint Review Board?
What happens if the deputy elects to have a Complaint Review Board?
What is the role of the hearing officer in a pre-disciplinary hearing?
What is the role of the hearing officer in a pre-disciplinary hearing?
What is the result of a deputy accepting the disciplinary action recommended by the District/Division Commander?
What is the result of a deputy accepting the disciplinary action recommended by the District/Division Commander?
What is the purpose of the summary memorandum in the disciplinary file?
What is the purpose of the summary memorandum in the disciplinary file?
What is the purpose of allowing a deputy to bring witnesses to a pre-disciplinary hearing?
What is the purpose of allowing a deputy to bring witnesses to a pre-disciplinary hearing?
Study Notes
Purpose and Scope
- The purpose of this standard operating procedure is to define uniform guidelines for the receipt, investigation, and disposition of complaints of misconduct against sworn law enforcement and detention deputies.
- This procedure applies only to sworn law enforcement and detention deputies, and not to non-sworn and classified personnel.
Definitions
- Citizen Complaint Report: a computerized report containing information and disposition regarding a citizen complaint.
- Complaint of Official Misconduct: an accusation or charge accusing a deputy of violating a policy, procedure, rule, or regulation.
- Employee Performance Management System (EPMS): a system of evaluating employee performance through observation and documentation.
- Exonerated: a finding or conclusion that the incident occurred, but the deputy's actions were lawful and proper.
- Exonerated Due to Policy Failure: a finding or conclusion that a present policy, procedure, rule, or regulation covering the situation was non-existent or inadequate.
- Initial Probation: a period of 12 months of probationary employment in a job classification upon hire or re-hire to the Sheriff's Office.
- Non-Punitive Action: action intended to modify or improve behavior and elicit compliance with established policies and procedures.
- Punitive Disciplinary Action: disciplinary action resulting in the loss of pay or benefits.
- Sanctions: non-punitive action or mandated training intended to modify or improve behavior and elicit compliance with established policies and procedures.
- Sustained: a finding or conclusion that an allegation is supported by a preponderance of evidence.
- Tenured Personnel: classified personnel who have completed their initial probationary period and who subsequently have no break in service.
- Tolling of an Investigation: the running of the limitations period of a disciplinary investigation may be suspended due to certain circumstances.
Procedure
- Complaint Receipt and Documentation:
- The Sheriff's Office takes receipt of, documents, inquires, or investigates, and resolves all concerns and complaints of deputy conduct.
- All members of the Sheriff's Office are responsible for receiving and forwarding citizen concerns and complaints of misconduct to the accused deputy's supervisor.
- Informal Inquiries:
- Supervisors may conduct an informal inquiry to determine if a formal misconduct investigation is warranted.
- If an informal inquiry is conducted, the supervisor shall not interview the accused in great detail.
- Complaints or Circumstances:
- Certain complaints or circumstances may warrant training or sanctions instead of discipline.
- Examples include driving/vehicle crashes, firearms proficiency, physical fitness, and CPR/first aid.
- Administrative Assignment, Administrative Leave with Pay, and Suspension Without Pay:
- Every supervisor has discretion over the work assignment of subordinate personnel.
- A sworn employee may be immediately placed on administrative assignment or relieved from duty without advanced written notice.
- A deputy placed on administrative assignment or administrative leave with pay may be prohibited from acting in the capacity of a law enforcement or detention deputy.
- Investigation Phase:
- Formal investigations of misconduct are conducted at the district/division level or by the Professional Standards Bureau.
- The investigator shall obtain an investigation case number and complete the Notification of Investigation section of the Complaint Investigation Notification and Status Form.
- The accused deputy shall be provided with a copy of the notification form.
- The investigator shall meet with the complainant and obtain a sworn audio recorded interview or a written and signed statement.
- All investigative interviews shall be audio recorded, and the accused deputy shall be placed under oath prior to the interview.Here are the study notes for the text:
Administrative Investigations
- A deputy refusing to answer questions related to their official duties in an administrative investigation may face disciplinary action, up to and including dismissal, if they invoke their privilege against self-incrimination.
- Personnel under investigation shall not be subjected to offensive language or threats of transfer, dismissal, or disciplinary action.
Testing and Examinations
- Sheriff's Office personnel may be required to submit to various tests and examinations, including lineups, photographs, blood tests, urine tests, breath tests, voice prints, handwriting exemplars, financial disclosures, and other tests or examinations when there is reasonable suspicion of an administrative violation.
- Voluntary polygraph examinations may be used as an investigative tool.
Property and Communication Searches
- Sheriff's Office or county-owned property assigned to or used exclusively by an individual shall be subject to search at any time.
- Personally owned property located or stored in any Sheriff's Office facility or vehicle may be searched subject to Fourth Amendment constraints.
- Sheriff's Office communications facilities may be monitored at any time under permitted conditions.
Investigation Procedures
- Supervisors may contact the Professional Standards Bureau for investigative advice and techniques.
- Misconduct investigations shall be completed within 45 days, unless exigent or extenuating circumstances exist.
- All misconduct investigations must be completed within 180 days, unless specifically tolled or extended in accordance with Florida Statute 112.532 (6) (a) (1-6).
Disciplinary Phase
- Upon receipt of the completed investigation report packet, the District/Division Commander shall review the investigation and submit a disciplinary recommendation.
- Disciplinary recommendations may include a Letter of Counseling, Letter of Reprimand, Suspension, Demotion, or Dismissal.
Appeals Procedure
- Pre-disciplinary hearings provide an avenue of response for the accused in which defenses and justifications can be asserted prior to the possible imposition of punitive discipline.
- Deputies may accept the disciplinary action recommended by the District/Division Commander and waive their right to a pre-disciplinary hearing.
Let me know if you'd like me to revise or add anything!### Complaint Review Board Process
- A Complaint Review Board is conducted after a Pre-Disciplinary Hearing with a punitive disciplinary recommendation.
- The deputy can elect to have a Complaint Review Board, and their intent must be documented within the Notice of Pre-Disciplinary Hearing Form.
Composition of the Complaint Review Board
- The Complaint Review Board consists of five members: two selected by the deputy, two by the Sheriff or designee, and a fifth member chosen by mutual agreement.
- Only sworn Sheriff's Office personnel can be nominated as Complaint Review Board members.
- Members must be actively serving, in good standing, and have no sustained disciplinary actions within one year prior to their nomination.
Complaint Review Board Process
- The affected deputy submits a completed Complaint Review Board Hearing Form with their nominated representatives to the affected District/Division Commander within three business days.
- The Complaint Review Board reviews the case, and members can request additional information through the affected District/Division Commander.
- The Complaint Review Board may request to speak with the affected deputy in a panel forum.
Responsibilities of the Complaint Review Board
- The Complaint Review Board conducts a comprehensive review of all facts, testimonies, circumstances, evidence, applicable official directives, and/or laws as they pertain to the recommended findings and recommended discipline.
- The Board's role is not to re-investigate the case but to review the evidence and make recommendations.
Submission of Findings
- Upon completion of their review, the Complaint Review Board submits a typewritten memorandum to the Sheriff summarizing their assessment of the case.
- The memorandum may include agreements or disagreements with recommended findings, discipline, or official directives, as well as recommendations for interviews, changes, or additions to the investigation.
Post-Complaint Review Board Process
- The Sheriff's Office Disciplinary Review Board and the Sheriff or designee review the summary memorandum from the Complaint Review Board prior to any official dispositions of the respective case.
- The recommendations, determinations, and/or summation of the Complaint Review Board are not used and/or included in a subsequent appeal or further review.
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Description
This quiz covers the rules and procedures for disciplinary hearings, including the role of the hearing officer and the submission of written statements.
