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312-6 member investigation, discipline and appeals

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40 Questions

When will a suspended member be authorized for overtime compensation?

All of the above

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

They are delayed until the member is returned to full duty

Can a suspended member earn overtime during their suspension time?

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

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

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

The Overtime/Court Time Policy

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

They are forfeited for that period

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

It is forwarded to PRS for processing

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

On an individual basis

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

It counts as regular service

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

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

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

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

It is not adjusted

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

They are suspended

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

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

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

In the member’s unit file

Who will chair the Discipline Dispute Committee (DDC)?

The HRD Director or their designee

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

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

Randomly through the computer system

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

They are obtained from the locations as described previously

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

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

One

What is the goal of the appeals process?

To ensure a fair and impartial process

What constitutes an economic loss according to 590.502 RSMo?

Loss of overtime accrual, overtime income, sick time accrual, and other related benefits

What is the purpose of an Instructional Notice?

To train or instruct a member regarding inappropriate behavior

What is the Department's obligation in every investigation?

To ensure statements are truthful and protect witnesses from harassment

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

A written statement with Personal Identifiable Information (PII)

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

To protect members from personal spite or unreasonable supervision

What is a member allowed to submit regarding a complaint?

An individual complaint free from restraint, interference, discrimination, or retaliation

What is the role of an Outside Agency?

To agree to investigate incidents involving members after consulting with the COP or their designee

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

To protect the integrity of investigations involving members

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.

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

The suspension time will not appear in the Timekeeping System.

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.

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

The leave balance will be adjusted by PRS.

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.

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.

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

The member will be forced to serve the suspension time.

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.

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

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.

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