312-6 member investigation, discipline and appeals

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Questions and Answers

When will a suspended member be authorized for overtime compensation?

For work time involved in the completion of reports and other job-related functions that exceed a regular tour-of-duty

For time during a member's suspension time associated with the investigation of the incident(s) involving the member

For participating in the promotional process, selection process, or attending Department-sponsored training

All of the above (correct)

What happens to all payments for a member suspended from duty without pay and allowances?

They are forfeited permanently

They are paid in full during the suspension period

They are delayed until the member is returned to full duty (correct)

They are terminated immediately

Can a suspended member earn overtime during their suspension time?

Yes, but only for work related to the incident that led to their suspension

Yes, but only for court time

Yes, for work related to the incident and other job-related functions (correct)

No, they are not eligible for overtime compensation

What happens to overtime earned by a suspended member if they resign without being restored to full duty?

It is paid if terminated or the member resigns without being restored to full duty Signup and view all the answers

What document should suspended members refer to when submitting documentation for compensation?

The Overtime/Court Time Policy Signup and view all the answers

What is the consequence for a member's pay and allowances during a suspension period?

They are forfeited for that period Signup and view all the answers

What happens to a copy of the Disposition of Time Lost?

It is forwarded to PRS for processing Signup and view all the answers

How are final dispositions of reduction in rank or termination handled?

On an individual basis Signup and view all the answers

What happens to a member's creditable service toward retirement during suspension time with pay and allowances?

It counts as regular service Signup and view all the answers

How is daily sick leave (S time) accrual affected during suspension time with pay and allowances?

It is credited to the member's sick leave balance Signup and view all the answers

What happens to a member's vacation leave (V time) during suspension time without pay and allowances if the accumulated suspension days total 15 or more days during the vacation year?

It is not earned Signup and view all the answers

What can a member on suspension time through the end of the calendar year who has vacation (V) time remaining do?

Request to have the leave extended into the following calendar year Signup and view all the answers

What happens to a member's anniversary date during suspension time with pay and allowances?

It is not adjusted Signup and view all the answers

What happens to a member's pay and allowances during suspension time without pay and allowances?

They are suspended Signup and view all the answers

What is the requirement for a member's vacation leave (V time) during suspension time without pay and allowances?

The member cannot earn V time during the suspension Signup and view all the answers

What is required of a suspended member regarding the items listed in Section H, 3 of this Annex?

They must relinquish the items to their supervisor/commander Signup and view all the answers

Where will the Notification of Disciplinary Action – Disciplinary Counseling, Form 21 P.D. be permanently placed?

In the member’s unit file Signup and view all the answers

Who will chair the Discipline Dispute Committee (DDC)?

The HRD Director or their designee Signup and view all the answers

Where will the Notification of Disciplinary Action – Suspension Day (7 days or more), Form 20 P.D. be permanently placed?

In member’s personnel file Signup and view all the answers

How are members of the Discipline Dispute Committee (DDC) selected?

Randomly through the computer system Signup and view all the answers

What happens to a member's previously relinquished items when they return to full duty?

They are obtained from the locations as described previously Signup and view all the answers

What is the role of the COP when a member is suspended while attending a Department-sponsored school?

To determine if the member will continue attendance Signup and view all the answers

How many members of the same rank as the subject member will be on the Discipline Dispute Committee (DDC)?

One Signup and view all the answers

What is the goal of the appeals process?

To ensure a fair and impartial process Signup and view all the answers

What constitutes an economic loss according to 590.502 RSMo?

Loss of overtime accrual, overtime income, sick time accrual, and other related benefits Signup and view all the answers

What is the purpose of an Instructional Notice?

To train or instruct a member regarding inappropriate behavior Signup and view all the answers

What is the Department's obligation in every investigation?

To ensure statements are truthful and protect witnesses from harassment Signup and view all the answers

What is required to support a complaint filed against a member?

A written statement with Personal Identifiable Information (PII) Signup and view all the answers

What is the Department's goal in protecting members against unfounded accusations?

To protect members from personal spite or unreasonable supervision Signup and view all the answers

What is a member allowed to submit regarding a complaint?

An individual complaint free from restraint, interference, discrimination, or retaliation Signup and view all the answers

What is the role of an Outside Agency?

To agree to investigate incidents involving members after consulting with the COP or their designee Signup and view all the answers

What is the purpose of the Department's policy regarding investigations?

To protect the integrity of investigations involving members Signup and view all the answers

What is the role of the Coordinator in the suspension process?

To inform the member of their option to elect in writing to serve the suspension time or forfeit accumulated vacation, extra, or compensatory time. Signup and view all the answers

What is the consequence of electing to forfeit accumulated leave time?

The suspension time will not appear in the Timekeeping System. Signup and view all the answers

What is the purpose of the Notification of Disciplinary Action – Suspension Days, Form 20 P.D.?

To document the member's election to forfeit accumulated leave time. Signup and view all the answers

What happens to the member's leave balance when they elect to forfeit accumulated leave time?

The leave balance will be adjusted by PRS. Signup and view all the answers

What is the role of the Personnel Records Section (PRS) in the suspension process?

To adjust the member's leave balance when they elect to forfeit accumulated leave time. Signup and view all the answers

What is the purpose of the Notification of Disciplinary Action – Suspension Days, Form 20 P.D. and PIR, Form 5099 P.D.?

To document the member's election to forfeit accumulated leave time and ensure all assessed suspension time is included on their Demeanor Record. Signup and view all the answers

What is the consequence of not electing to forfeit accumulated leave time?

The member will be forced to serve the suspension time. Signup and view all the answers

What is the purpose of the bureau commander notifying Personnel Records Section (PRS) as soon as possible?

To ensure that all necessary personnel records are updated. Signup and view all the answers

Study Notes

Suspension Time with Pay and Allowances

A member's time counts as creditable service towards retirement
Vacation leave (V time) is earned
Daily sick leave (S time) accrual is credited to the member's sick leave balance
The member's anniversary date is not adjusted

Suspension Time Without Pay and Allowances

A member's time does not count as creditable service towards retirement
Vacation leave (V time) is not earned if the accumulated suspension days total 15 or more days during the vacation (calendar) year
Daily sick leave (S time) accrual is not credited to the member's sick leave balance
Adjustments to timekeeping records reflecting non-accrual of sick leave are made automatically at the end of the affected work period(s)

Requests for Vacation Time

A member on suspension time through the end of the calendar year who has vacation (V) time remaining may submit a request to:
- Receive payment (straight time) for the remaining V time
- Have the leave extended into the following calendar year

Relinquishment of Items

A suspended member must relinquish the following items to their supervisor/commander:
- Department-owned firearms
- Ammunition
- Badge and shield
- Police Radio
- Identification card
- Access card (i.e., key card) and key fob
- Any other Department-owned equipment the supervisor/commander believes should be relinquished

Final Disposition of Suspension Time

A member may elect to forfeit accumulated vacation, extra, or compensatory time in lieu of serving the suspension time
The option to forfeit leave time is strictly voluntary for the member
If the member elects to forfeit accumulated leave, PRS will adjust the member's leave balance
If the member elects to serve the suspension time, the time will be scheduled and entered in timekeeping by the element of assignment

Overtime Compensation

Suspended members may be authorized for overtime compensation:
- For work time involved in the completion of reports and other job-related functions
- For time during a member's suspension time associated with the investigation of the incident(s) involving the member
- For participating in the promotional process, selection process, or attending Department-sponsored training
- If the member appears in court when a continuance could not be obtained

Economic Loss

Economic loss includes, but is not limited to, loss of overtime accrual, overtime income, sick time accrual, sick time, secondary employment income, holiday pay, and vacation pay (590.502 RSMo.)

Definitions

Good Cause: Sufficient evidence or facts that would support a member's request for extensions of time or any other requests seeking accommodations outside the scope of the rules
Instructional Notice: A form of corrective action, not a form of disciplinary action, used for the purpose of training or instructing a member regarding inappropriate behavior
Outside Agency: A law enforcement agency outside the Department that, after consultation with the COP or their designee, agrees to investigate the incident

Policy

The Department has a compelling interest in protecting the integrity of investigations involving members
The Department strives to protect all members against unfounded accusations, personal spite, or unreasonable supervision
Members may submit an individual complaint free from restraint, interference, discrimination, or retaliation

Record Retention

The Notification of Disciplinary Action forms will be permanently placed in the member's unit file, Demeanor Record, and personnel file

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Description

Learn about the rules and regulations surrounding suspension time with and without pay and allowances. Understand how it affects creditable service, vacation leave, and daily sick leave accrual.