128 Questions
What is the purpose of a review initiated by a finding of Exonerated Due to Policy Failure?
To draft a recommendation to resolve the policy failure
What is the duration of the initial probation period in a job classification?
12 months
What is the purpose of Non-Punitive Action?
To modify or improve behavior and elicit compliance with established policies
What is the definition of Punitive Disciplinary Action?
Action resulting in the loss of pay or benefits
What is the purpose of Sanctions?
To modify or improve behavior and elicit compliance with established policies
What is the definition of Sustained?
A finding or conclusion that an allegation is supported by a preponderance of evidence
What is the definition of Tolling of an Investigation?
The running of the limitations period of a disciplinary investigation
What is the definition of Unfounded?
A finding or conclusion that an allegation is demonstrably false
What is the purpose of receiving and documenting citizen concerns and complaints?
To inquire or investigate, and resolve the concerns and complaints
Who is responsible for receiving and forwarding citizen concerns and complaints?
All members of the Sheriff's Office
What is the primary purpose of this standard operating procedure?
To define uniform guidelines for the receipt, investigation, and disposition of complaints of misconduct
Which of the following personnel are subject to the guidelines set forth in this procedure?
Only sworn law enforcement and detention deputies
What is discipline, according to this procedure?
A state of training and mental attitude, which fosters compliance with policies, regulations, and standards of proper conduct
What is the purpose of effective disciplinary action in law enforcement?
To facilitate coordination of effort and promote high morale
What is a Citizen Complaint Report, according to this procedure?
A computerized report, entered via BlueTeam and maintained within the IAPro database, containing information and disposition regarding a citizen complaint
Under what circumstances may a deputy be relieved of official duties and reassigned to an administrative assignment?
Following insubordinate or other conduct that could affect the efficient operation of the Sheriff’s Office
What happens to a deputy's pay and benefits when they are placed on administrative leave with pay?
They receive full pay and benefits and do not lose any vested rights
What is a Complaint of Official Misconduct?
An accusation or charge accusing a deputy of violating a policy, procedure, rule, or regulation
Who may place a deputy on administrative leave with pay?
An immediate supervisor
What is the purpose of the Employee Performance Management System (EPMS)?
To evaluate employee performance through observation and documentation
Why may a deputy be placed on suspension without pay?
When under formal investigation for a violation of which disciplinary action up to and including dismissal is a penalty
What does it mean when a deputy is exonerated?
The incident occurred, but the deputy's actions were lawful and proper
What happens when a deputy is arrested for or charged with a felony or misdemeanor crime?
Supervisory personnel refer to GEN SOP 122.06 for information and direction
What is the maximum duration of administrative leave with pay?
30 calendar days
What happens to a deputy's duties when they are placed on administrative assignment?
They are temporarily relieved of present duty assignment and reassigned to other duties
What type of allegations or circumstances require investigation by the Professional Standards Bureau?
Allegations of corruption, perjury, violation of civil rights, sexual harassment, harassment, and incidents of excessive use of force
What is the purpose of a Suspension Memo and Benefits Information Form?
To provide written notice to a deputy of a suspension or reassignment
What is the purpose of GEN SOP 122.06?
To provide guidelines for the arrest of a Sheriff's Office employee
What types of incidents are investigations typically handled by the district/division personnel?
Incidents involving accused personnel from one district/division
Who has the authority to initiate a formal misconduct investigation?
Only personnel with the equivalent rank of major or above
What should the investigator obtain from the District/Division Commander?
A signature on the Notification of Investigation section
What should be exercised by supervisors or Professional Standards Bureau detectives?
Care to avoid investigative actions or interrogations
When should supervisors or Professional Standards Bureau detectives meet with the complainant?
When possible, to obtain a sworn audio recorded interview or a written and signed statement
What should be documented by entering the information into the respective computer program?
All concerns and complaints of deputy conduct, as well as commendations and other positive communication from citizens
What form is used for all complainants, witnesses, and accused deputies?
Perjury and Oath Acknowledgement Form
What is the purpose of an informal inquiry?
To determine if a formal misconduct investigation is warranted
What should a supervisor do if an informal inquiry determines that a formal misconduct investigation is warranted?
Proceed with the complaint investigative steps outlined in section V.C.1 - 27
What should investigative interviews be?
Audio recorded
What are some examples of circumstances in which training or sanctions may be used in lieu of discipline?
Driving/vehicle crashes, firearms proficiency, and physical fitness
When should identifiable witnesses be interviewed?
Whenever possible, prior to the beginning of the investigative interview of the accused deputy
What is the purpose of administrative assignment?
To temporarily relieve a deputy of their present duty assignment
Where should accused personnel be questioned?
At a Sheriff's Office facility during regular duty hours
What right do accused law enforcement and detention deputies have during the interview?
The right to representation
What should a supervisor take possession of when a deputy is placed on administrative assignment?
The deputy's badge, agency issued firearm, credentials, and Sheriff's Office vehicle
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?
To ensure that the deputy does not continue to act in an official capacity while on administrative assignment
What should a supervisor do when a subordinate is relieved from official duties?
Notify the Sheriff through the chain of command as expeditiously as possible
What should be included in a Citizen Complaint Report?
The citizen's name, address, and phone number, the affected deputy's name and ABN, a brief synopsis of the complaint, and a resolution and/or disposition of the complaint
Who may conduct an informal inquiry?
Only supervisors who receive complaints of alleged deputy misconduct
What is used to accomplish a written notification in an investigation?
Complaint Investigation Notification and Status Form
When can the accused deputy review the complaint and all statements?
Immediately prior to the interview
What is the exception to reviewing witness statements in a correctional facility?
Incarcerated witnesses
What is the discretion of the Sheriff in an administrative investigation?
To pursue the investigation without an interview
What must the accused deputy do if interviewed?
Read and sign the Administrative Proceedings Employee Rights Form
What is the consequence of refusing to answer questions related to official duties?
Disciplinary action
What is allowed under certain circumstances in an administrative investigation?
All of the above
What is subject to search at any time?
Sheriff's Office or county owned property
What can be monitored at any time under certain conditions?
Both A and B
What can personnel request to clear their name?
A polygraph examination
Who should supervisors contact for investigative advice and techniques?
The Professional Standards Bureau
What is the purpose of the 45-day rule for misconduct investigations?
To ensure the efficiency of the investigative phase
What is the time limit for completing misconduct investigations?
180 days
What must the investigator do upon completing the investigation phase?
Complete the Completion of Investigation section of the Complaint Investigation Notification and Status Form
What must the investigator include in the Complaint Investigation Report Form?
A sworn statement
How should district/division level investigation reports be secured?
In a green or black folder with a green label
What should a manager do if an employee cannot complete the initial probationary period?
Initiate the dismissal process in Workday
What is the purpose of the Tolling of Investigation section of the Complaint Investigation Notification and Status Form?
To toll the 180-day rule
Why must the investigator verify the contents of the report?
To comply with Florida Statute 92.525
Who should supervisors contact for legal sufficiency and defense?
The Sheriff's Legal Counsel
What is the primary responsibility of the District/Division Commander in the disciplinary phase?
Reviewing the investigation report and submitting a disciplinary recommendation
What is the purpose of a Letter of Counseling?
To document a discussion between a supervisor and subordinate to address improper behavior
What happens to a completed and signed Letter of Counseling after review by the Sheriff?
It is forwarded to the Professional Standards Bureau
What is considered when determining the disciplinary recommendation for a sustained allegation?
The prescribed penalty guidelines, the end results of the act, and the impact on other personnel and the agency
Who is responsible for reviewing the investigation report and submitting a disciplinary recommendation?
The District/Division Commander
What is the purpose of contacting the Professional Standards Bureau when disciplinary measures are contemplated?
To obtain disciplinary history and past disciplinary parameters for similar incidents
What is the final step in the process after a Letter of Counseling or Letter of Reprimand is signed by the Sheriff?
The letter is forwarded to the Professional Standards Bureau
What is the purpose of a Letter of Reprimand?
To officially censure an employee for unacceptable acts or behavior
What happens to the original investigation report after the disciplinary process is complete?
It is filed with the Professional Standards Bureau
Who is responsible for contacting the deputy's District/Division Commander after a Letter of Counseling or Letter of Reprimand is received?
The Professional Standards Bureau
What is the deadline for the Deputy to receive the Complaint Review Board Hearing Form?
End of the third business day
How many members will the Complaint Review Board consist of?
Five members
Who selects the fifth member of the Complaint Review Board?
The four selected members
What is the requirement for nominated personnel to be selected as a Complaint Review Board member?
Must be a sworn Sheriff's Office personnel
What is the purpose of selecting unbiased personnel for the Complaint Review Board?
To ensure a fair review
Who will notify the affected Deputy of the final Complaint Review Board members?
The District/Division Commander
What will the District/Division Commander provide to the Complaint Review Board members?
All of the above
Who will provide an overview of the basis for the recommended findings and discipline?
The District/Division Commander
What is the primary role of the Complaint Review Board?
To conduct a comprehensive review of all facts, testimonies, circumstances, evidence, applicable official directives, and/or laws
Is the Complaint Review Board proceedings allowed to be audio or video recorded?
No
How many days does the Complaint Review Board have to complete its review, excluding weekends and holidays?
Three business days
What will happen to the work schedules and/or assignments of selected Complaint Review Board members?
They will be adjusted to accommodate their participation
What happens to the initial charges if the disciplinary recommendation is downgraded to a non-punitive action?
The case file is still forwarded to the Disciplinary Review Board
What is the minimum preparation period for a deputy before a pre-disciplinary hearing?
Five-calendar days
What happens if a deputy has multiple punitive disciplinary action cases being processed at the same time?
The same Complaint Review Board addresses all of the applicable cases
Who moderates the pre-disciplinary hearing?
The District/Division Commander of the accused
What is the purpose of the Complaint Review Board's memorandum to the Sheriff?
To summarize their assessment of the respective case(s)
What is the purpose of the deputy's designated representative or legal counsel in the Complaint Review Board process?
To accompany the deputy to the panel forum
What happens if the pre-disciplinary hearing extends beyond the normal tour of duty of the accused?
Overtime is granted to the accused and other personnel
What is the requirement for sworn personnel to receive a green category separation and retirement credentials?
They must retire under honorary circumstances
Under what circumstances may the Sheriff grant a two-day extension to the Complaint Review Board's review process?
Unusual circumstances exist
What is the purpose of the affected District/Division Commander in the Complaint Review Board process?
To coordinate with the Complaint Review Board
What is the purpose of the Notice of Pre-Disciplinary Hearing Form?
To provide the deputy with a copy of the notice
What may the Complaint Review Board request if they need additional information?
To speak with the affected deputy in a panel forum
What happens if the deputy elects for a pre-disciplinary hearing?
The procedures outlined in section VI.A are followed
Who must review disciplinary recommendations that could result in a suspension of 30 days or more, demotion, or dismissal?
The Sheriff's Legal Counsel
What is the role of the Complaint Review Board members?
To review evidence and make recommendations
What happens if a strong and compelling need exists to delay a pre-disciplinary hearing?
A maximum five-calendar day extension may be granted
What is the purpose of the Complaint Review Board's summary?
To summarize their assessment of the respective case(s)
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?
It is crossed through and the new finding is noted
What happens to the accused deputy's written statement after it is submitted to the hearing officer?
It is included as part of the disciplinary file.
What is the deadline for the accused deputy to submit a written statement to the hearing officer?
Three working days after the hearing.
What happens if a deputy fails to appear at a pre-disciplinary hearing and does not provide notice or cause?
The hearing officer will review the documentation and complete a summary memorandum
What is the result of a deputy waiving their right to a pre-disciplinary hearing?
The deputy will waive their right to appeal to the Disciplinary Review Board and the Sheriff
When must the accused deputy notify their District/Division Commander of their intent to have a Complaint Review Board?
On the day of the pre-disciplinary hearing.
What happens if the pre-disciplinary hearing results in a different finding than initially recommended?
The hearing officer must include the reasons for the revised finding in a summary memorandum and attach it to the disciplinary file.
What is the purpose of the introductory statement at the beginning of a pre-disciplinary hearing?
To declare the start of the pre-disciplinary hearing and provide necessary information
What is included in the disciplinary file?
The audio recording of the pre-disciplinary hearing and other relevant documents.
What may a deputy bring to a pre-disciplinary hearing as evidence?
Any person or evidence deemed relevant by the hearing officer
What happens if the deputy elects not to have a Complaint Review Board?
The hearing officer will document the waiver of the Complaint Review Board on the Notice of Pre-Disciplinary Hearing Form.
What is the role of a representative in a pre-disciplinary hearing?
To advise and counsel the accused and respond to allegations orally and/or in writing
What is the purpose of the Complaint Review Board process?
To review the finding of the pre-disciplinary hearing and determine if it is sustained.
What happens to the audio recording of a pre-disciplinary hearing?
It is transcribed and made part of the disciplinary file
What is the deadline for the deputy to submit the completed Complaint Review Board Hearing Form?
Three business days after the 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?
To provide a response to the allegations
What happens if the deputy elects to have a Complaint Review Board?
The affected District/Division Commander shall provide the deputy with a Complaint Review Board Hearing Form.
What is the role of the hearing officer in a pre-disciplinary hearing?
To review the documentation and complete a summary memorandum
What is the result of a deputy accepting the disciplinary action recommended by the District/Division Commander?
The deputy will waive their right to a pre-disciplinary hearing and subsequent appeals
What is the purpose of the summary memorandum in the disciplinary file?
To provide the reasons for the revised finding if the pre-disciplinary hearing results in a different finding than initially recommended.
What is the purpose of allowing a deputy to bring witnesses to a pre-disciplinary hearing?
To provide clarifying information regarding the evidence
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.
This quiz covers the rules and procedures for disciplinary hearings, including the role of the hearing officer and the submission of written statements.
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