Sheriff's Office Employee Misconduct Procedure

What is the primary purpose of this standard operating procedure?

What is a Citizen Complaint Report?

What is the purpose of discipline, according to this standard operating procedure?

What is a Complaint of Official Misconduct?

What is the Employee Performance Management System (EPMS)?

What is the term for a finding or conclusion that the incident occurred but the individual's actions were lawful and proper?

What happens in all cases involving a finding of Exonerated Due to Policy Failure?

Who does this standard operating procedure apply to?

What happens to a Sheriff's Office personnel when they are under formal investigation for a violation of which disciplinary action up to and including dismissal is a penalty?

What happens to an employee who wishes to utilize accrued time while on suspension without pay?

Who has the authority to initiate a formal misconduct investigation?

What is the starting date of the 180-day investigation period as provided by Florida Statute 112.532 (6) (a)?

What is the purpose of the Notification of Investigation section of the Complaint Investigation Notification and Status Form?

What is the purpose of meeting with the complainant and obtaining a sworn audio recorded interview or a written and signed statement on a Statement of Complaint Form?

What happens to an employee who is arrested for, or charged with, a felony or misdemeanor crime?

What kind of investigations are typically conducted at the district/division level?

What is a requirement for personnel placed on suspension without pay who wish to engage in secondary employment?

What is not a circumstance that requires investigation by the Professional Standards Bureau?

Which form shall be utilized for all complainants, witnesses, and accused personnel who shall be placed under oath prior to their interviews?

What must the investigating supervisor/detective begin the interview with?

When may written notification of the nature of the complaint and the identity of all complainants not be made known to the accused personnel prior to their interview?

What may the representative of the accused personnel request during the interview?

What must accused personnel be allowed to review prior to an investigative interview, if one is conducted?

What may the accused employee or their representative do if the Sheriff chooses not to interview the accused employee?

When may the names and written statements of the complainant and non-incarcerated witnesses not be reviewed by the accused prior to the beginning of an investigative interview?

What shall be included in the introductory statement at the beginning of the interview?

What is the purpose of the Confidentiality Notice Form?

Who may initiate an investigation without conducting a personal interview of the accused employee?

What is required of the accused employee during an actual interview in an administrative investigation?

What happens to personnel who refuse to answer questions related to their official duties in an administrative investigation?

What is the purpose of a voluntary polygraph examination?

What can be searched at any time according to the Sheriff's Office policy?

What is the time limit for completing misconduct investigations, unless exigent or extenuating circumstances exist?

What is the time limit for completing misconduct investigations, unless specifically tolled or extended in accordance with Florida Statute 112.532?

When is the accused notified in writing about the completion of the investigation?

Who should supervisors contact for investigative advice and techniques?

What happens if the investigation is not completed within 45 days?

What form must the investigator complete to be included with the investigation report packet?

What is the purpose of the 45-day rule?

What statement must the investigator include in the report, sworn and subscribed to, pursuant to Florida Statute 92.525?

What is prohibited during an administrative investigation?

In what type of folder must district/division level investigation reports be secured?

What happens to an employee who cannot successfully complete the initial probationary period?

Who is responsible for submitting a disciplinary recommendation for any sustained allegations?

What is one of the criteria used to determine disciplinary action?

What is a letter of counseling?

Who reviews the investigation report packet?

What happens to cases investigated by the Professional Standards Bureau?

What happens to personnel who retire during an active disciplinary investigation?

What is the minimum preparation period prior to a pre-disciplinary hearing?

Who moderates a pre-disciplinary hearing?

What happens if personnel do not appear at a pre-disciplinary hearing?

What is the consequence of not attending a pre-disciplinary hearing and not giving notice or cause?

What happens if an employee waives their right to a pre-disciplinary hearing?

What is the purpose of a pre-disciplinary hearing?

What happens if an extension is granted beyond five calendar days?

What is the purpose of a Letter of Counseling?

Who may be granted an exception to the requirement of appearing at a pre-disciplinary hearing?

What happens if a pre-disciplinary hearing extends beyond normal work hours?

What happens to a Letter of Counseling after it is completed and signed?

What is the purpose of a Letter of Reprimand?

What happens when the recommended discipline is a suspension, demotion, or dismissal?

What must be done with disciplinary recommendations that could result in a suspension of 30 days or more, demotion, or dismissal?

What happens if the District/Division Commander determines an alternate finding is more appropriate?

What is the purpose of a Notice of Pre-Disciplinary Hearing Form?

What happens to the original Letter of Counseling or Letter of Reprimand?

Who is notified when a completed and signed Letter of Counseling or Letter of Reprimand is received?

What happens to a case if the recommended discipline is downgraded to a non-punitive action?

What may a supervisor do during an informal inquiry about a complaint?

What are the circumstances in which training or sanctions may be used in lieu of discipline?

What may a supervisor do to a subordinate during a tour of duty?

Under what circumstances may an employee be immediately placed on administrative assignment or relieved from duty?

What happens when an employee is relieved from official duties?

What may happen to an employee who is placed on administrative assignment or administrative leave with pay?

What is the duration of the initial probation period in a job classification upon hire or re-hire to the Sheriff's Office?

Under what circumstances may a Sheriff's personnel be relieved of official duties and reassigned to an administrative assignment or placed on administrative leave with pay?

What is the type of action intended to modify or improve behavior and elicit compliance with established policies and procedures?

What may happen to an employee who is under formal investigation for a violation of which disciplinary action up to and including dismissal is a penalty?

What is the term for classified personnel who have not completed their initial probationary period?

What happens when an employee is placed on administrative assignment or administrative leave with pay?

What type of action results in the loss of pay or benefits?

What is the purpose of the Suspension Memo and Benefits Information Form?

What is the term for a finding or conclusion that an allegation is supported by a preponderance of evidence?

What is the purpose of the Citizen Complaint Report?

Who is responsible for receiving and forwarding citizen concerns and complaints of misconduct?

What is the purpose of an informal inquiry?

What is the term for classified personnel who have completed their initial probationary period and have no break in service?

What is the term for a finding or conclusion that an allegation is demonstrably false?

Who is eligible to appeal to the Hillsborough County Appeal Intake Office?

How many calendar days does an employee have to request a hearing with the Hillsborough County Appeal Intake Office?

What is the purpose of the Employee Discipline Appeal Request Form?

What happens if an employee fails to comply with the appeal process?

What is the purpose of the Name Clearing Hearing Form?

What happens to an employee who is separated from the Sheriff's Office prior to the conclusion of the investigation?

What is the purpose of the hearing provided by the Hillsborough County Appeal Intake Office?

Who has the right to be heard and present evidence in an appeal?

What is the timeline for scheduling an appeal hearing after the Appeal Intake Office receives a request?

What happens to the audio recording of the pre-disciplinary hearing?

Who serves as the Board Chairperson in the Disciplinary Review Board?

What happens if an employee elects not to appear before the Disciplinary Review Board?

What is the role of the representative from the Professional Standards Bureau in the Disciplinary Review Board?

What happens if the Disciplinary Review Board's recommendations vary from the original recommendations?

How many days does an employee have to request an appeal to the Sheriff after the Disciplinary Review Board's decision?

Who may hear the appeal in the Sheriff's absence?

What is the purpose of the Hillsborough County Employee Discipline Appeal Process?

What must an employee do before utilizing the Hillsborough County Employee Discipline Appeal Process?

What happens to the investigative report, disciplinary recommendation, and Disciplinary Hearing Report findings after the Disciplinary Review Board's decision?

After the Sheriff or Chief Deputy signs the investigative file, what happens to it?

Who is notified in writing of the final disposition of the allegation(s) using a form letter?

What happens if the final disciplinary recommendation indicates a modification to non-punitive disciplinary action?

What happens to an employee's credentials/identification cards, agency-issued credit cards, and Sheriff's Office vehicle(s) during a 14-day or greater suspension?

What happens if an employee's license or certification is suspended or revoked, which is required for job performance?

What is done with the Notice of Discipline Form, the Notice of Pre-Disciplinary Form, and the Disciplinary Hearing Report Form?

What happens if an employee is unavailable to sign the Notice of Discipline Form?

Who maintains the original disciplinary file and all applicable documentation?

What is included in the investigative case file?

What is the purpose of notifying the complainant of the final disposition of the case?

What happens if the accused employee decides to waive their right to a pre-disciplinary hearing?

Who can the accused employee request to respond to the hearing in their behalf as witnesses?

What is the purpose of the introductory statement at the beginning of the pre-disciplinary hearing?

What happens to the audio recording of the pre-disciplinary hearing?

What can the accused employee and their representative do during the pre-disciplinary hearing?

What must the accused employee notify their District/Division Commander of at the conclusion of the pre-disciplinary hearing?

What happens if the pre-disciplinary hearing results in a different finding than initially recommended?

What is the purpose of the "Recommendation of Pre-Disciplinary Hearing/Name Clearing Hearing Officer" block on the Disciplinary Hearing Report Form?

What must the accused employee do if they wish to include a written statement in the disciplinary file?

What is the purpose of the audio recording of the pre-disciplinary hearing?

Initial probation is a period of 6 months of probationary employment in a job classification upon hire or re-hire to the Sheriff’s Office.

Non-punitive action is intended to impose punishment on an employee.

Sanctions can be imposed at the discretion of any Sheriff’s Office personnel.

Tenured personnel have not completed their initial probationary period.

Unsubstantiated means that an allegation is supported by a preponderance of evidence.

All concerns and complaints of employee conduct require a formalized investigation.

A Citizen Complaint Report shall be documented via the EPMS program.

An informal inquiry is a formal misconduct investigation.

Only supervisors can initiate an informal inquiry.

Employees who complete their initial probationary period cannot be dismissed without the right to appeal.

Non-tenured personnel have completed their initial probationary period.

The purpose of this standard operating procedure is to define uniform guidelines for the receipt, investigation, and disposition of complaints of sworn personnel misconduct.

A complaint of official misconduct includes a complainant's misunderstanding or disagreement with the application of law or Sheriff's Office policies or procedures.

Employee Performance Management System (EPMS) is a system of evaluating employee performance through observation and documentation only.

The finding of Exonerated Due to Policy Failure is a conclusion that the incident did not occur.

The Employee Performance Management System (EPMS) is used to investigate citizen complaints.

Discipline is a state of training and mental attitude which fosters non-compliance with policies, regulations, and standards of proper conduct.

This standard operating procedure applies to all sworn personnel of the Sheriff's Office.

Exonerated is a finding or conclusion that the incident did not occur.

All investigative interviews shall be audio recorded, with subsequent acknowledgment by all present.

The accused personnel shall be questioned at a Sheriff's Office facility during regular duty hours, unless the seriousness of the allegation requires immediate action.

The representative of the accused personnel may actively participate in the questioning process.

Written notification of the nature of the complaint and the identity of all complainants shall be made known to the accused personnel prior to their interview, if one is conducted.

The accused personnel may bring two representatives of their choice to the interview.

The accused employee shall be allowed to review all evidence relating to the incident under investigation prior to an investigative interview.

The Sheriff has the discretion to pursue the administrative investigation without conducting a personal interview of the accused employee.

The accused employee or their representative may not submit a written statement before the investigation is concluded.

The Perjury and Oath Acknowledgement Form shall be utilized for all complainants, witnesses, and accused personnel who shall be placed under oath prior to their interviews.

The introductory statement at the beginning of the interview shall include the date, time, location, and investigator, but not the nature of the investigation.

In the investigation phase, the accused is notified in writing about the completion of the investigation using the Completion of Investigation section of the Complaint Investigation Notification and Status Form.

The investigator is not required to verify the contents of the report prior to submission.

The Complaint Investigation Report Form is not required to be included with the investigation report packet.

District/division level investigation reports are secured in a red in color single-pocket expanding folder.

An employee who cannot successfully complete the initial probationary period is dismissed immediately.

The Division/District Commander is not required to review the investigation report packet.

The Professional Standards Bureau reviews cases investigated by the District/Division Commander.

A letter of counseling is a formal disciplinary action.

Disciplinary history of the accused is not considered when determining disciplinary action.

The investigator is not required to include a statement, sworn and subscribed to, pursuant to Florida Statute 92.525.

Supervisors may reveal the complainant's name and basis for the complaint to the employee.

Supervisors must interview the accused in great detail during an inquiry.

If a supervisor determines that a formal misconduct investigation is not warranted, the supervisor shall proceed with the complaint procedures outlined in section V.C.1 - 27.

Administrative Assignment or Administrative Leave with Pay can only be used for disciplinary actions.

Any employee may be placed on administrative assignment or relieved from duty without the benefit of advanced written notice.

Personnel who retire during an active disciplinary investigation are eligible to receive a green category separation and retirement credentials.

The purpose of a pre-disciplinary hearing is to impose punitive discipline.

When a subordinate is relieved from official duties, notification shall be made in person to the Sheriff as soon as possible.

Sheriff's personnel may be relieved of official duties and reassigned to an administrative assignment or placed on administrative leave with pay only for disciplinary actions.

The hearing officer shall be of a rank lower than the accused.

An employee may be placed on administrative leave with pay for a maximum of 30 working days.

Personnel shall be afforded a minimum one-calendar day preparation period prior to the scheduled pre-disciplinary hearing.

Pre-disciplinary hearings shall be scheduled and held with delay.

Supervisors shall not take possession of credentials/identification cards from personnel who are placed on administrative assignment or administrative leave with pay.

Written notice of the suspension shall be provided to the employee after 30 days.

Personnel who indicate their choice for a formal pre-disciplinary hearing and do not appear at the hearing shall be penalized.

The employee's waiver of the pre-disciplinary hearing also waives their right to appeal to the Sheriff.

Personnel who do not attend the pre-disciplinary hearing but respond in writing to the allegations made against them shall be permitted to appeal to the Disciplinary Review Board or the Sheriff.

The accused may not submit a written statement in lieu of a personal appearance at a pre-disciplinary hearing.

Personnel who retire under disciplinary circumstances are eligible for a green category separation and retirement credentials.

Appeals to the Hillsborough County Appeal Intake Office are open to all personnel.

A hearing is requested by making a verbal request to the Hillsborough County Appeal Intake Office within ten calendar days from the official date of receipt of the Notice of Discipline Form.

The request for an appeal hearing must be submitted to the Hillsborough County Appeal Intake Office using any form.

An appeal hearing will be scheduled within 30 calendar days after the Appeal Intake Office receives a request for appeal.

All hearings will be closed to the public.

Personnel without tenure have the right to an appeal hearing before the Hillsborough County Appeal Intake Office.

The Professional Standards Bureau shall notify the accuse in writing of the final disposition of the allegation(s) by utilizing a form letter.

Sheriff's Office personnel may be relieved of official duties and suspended without pay when they are arrested for a felony crime.

Any applicant or other personnel who has reason to believe that he/she has been unjustly discriminated against because of religious or political affiliations, race, color, national origin, citizenship status, sex, age, marital status, or handicap in any personnel action may not appeal to the Hillsborough County Appeal Intake Office.

In administrative proceedings, the courts have not mandated the right of an accused person to supply relevant written information to rebut or clarify information which is placed into public record by an employer.

Only supervisors with the rank of lieutenant or above can initiate a formal misconduct investigation.

The Sheriff or Chief Deputy concurs with a recommendation of punitive disciplinary action, the Professional Standards Bureau shall complete a Notice of Discipline Form and shall coordinate the effective suspension dates with the appropriate division/district.

A Name Clearing Hearing is not granted to the accused when they separate or are separated from the Sheriff’s Office prior to the conclusion of the investigation, disciplinary process, or final disposition.

When placed on suspension without pay, personnel may request to utilize accrued sick time or donated compensatory time.

Supervisors shall take possession of agency issued credit cards, and Sheriff’s Office vehicle(s) from personnel who receive a 10-day or greater suspension.

The accused shall not be notified via the Name Clearing Hearing Form sent certified, return receipt requested mail.

A copy of the Notice of Discipline Form, Notice of Pre-Disciplinary Form, and the Disciplinary Hearing Report Form shall be forwarded to the Human Resources Division for inclusion in the employee's personnel file.

Formal investigations of misconduct are typically conducted at the district/division level.

Personnel placed on suspension without pay may engage in secondary employment without submitting an inter-office memorandum.

If an employee's on or off-duty action(s) result in the revocation of a license or certification which is required for job performance, the employee shall be subject to termination or being placed on leave with pay.

The starting date of the 180-day investigation period is the date of the incident.

In cases where an employee's driver license has been suspended, a business/employment purposes only permit shall be acceptable for the operation of a Sheriff's Office vehicle.

Supervisors or Professional Standards Bureau detectives may conduct an investigation without meeting with the complainant.

Upon suspension of a license or certification, which is required for an employee's job assignment, the affected employee's Division Commander shall complete a memorandum properly recording the applicable circumstances.

Personnel who refuse to answer questions related to their official duties in an administrative investigation may be subject to disciplinary action.

The Professional Standards Bureau shall provide notification to the employee's Division/District Commander of the final disposition of the case.

The Sheriff's Office policy allows for the search of personnel's personal belongings at any time.

A copy of the signed Notice of Discipline Form and the signed return receipt, or the proof of non-delivery receipt, shall not be included in the investigative case file.

The investigation report packet must be completed within 45 days of the initiation of the investigation.

The original disciplinary file and all applicable documentation shall be maintained by the Professional Standards Bureau.

An accused employee has the right to refuse to answer questions during an administrative investigation.

The Sheriff's Office can search personally owned property located or stored in any Sheriff's Office facility or vehicle at any time without constraints.

All misconduct investigations must be completed within 45 days, unless specifically tolled or extended in accordance with Florida Statute 112.532.

The accused employee has the right to review the names and written statements of the complainant and non-incarcerated witnesses prior to the beginning of an investigative interview.

The Sheriff's Office can conduct a disciplinary action against an employee who refuses to submit to a personal interview.

Supervisors can initiate an investigation without conducting a personal interview of the accused employee.

The accused employee can be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action during an administrative investigation.

Voluntary polygraph examinations are required in all administrative investigations.

The 45-day rule is a statutory requirement for completing misconduct investigations.

The Sheriff's Office can monitor all communications facilities at any time without constraints.

The accused employee is not allowed to make a statement during the pre-disciplinary hearing.

A Letter of Counseling is a formal censure of unacceptable acts or behavior.

The pre-disciplinary hearing is not audio recorded.

The accused employee's representative is not allowed to ask questions during the pre-disciplinary hearing.

Sanctions cannot be imposed in association with a Letter of Counseling.

The hearing officer is not required to verify that the accused has been provided a complete copy of the disciplinary file.

If the recommended discipline is a Letter of Reprimand, the original document is maintained by the Human Resources Division.

A Notice of Pre-Disciplinary Hearing Form is only required for suspension, demotion, or dismissal.

The accused employee is not allowed to bring witnesses to the pre-disciplinary hearing.

The District/Division Commander can dispose of all charges without authoring a memorandum.

The hearing officer is not required to include the reasons for the revised finding in a summary memorandum if the pre-disciplinary hearing results in a different finding than initially recommended.

Disciplinary recommendations which could result in a suspension of less than 30 days do not require review by the Sheriff's Legal Counsel.

The accused employee is not allowed to introduce evidence during the pre-disciplinary hearing.

The hearing officer is not required to complete the block titled, 'Recommendation of Pre-Disciplinary Hearing/Name Clearing Hearing Officer' on the Disciplinary Hearing Report Form with the appropriate finding.

The Professional Standards Bureau is responsible for forwarding a copy of the Letter of Counseling to the affected employee.

The employee's District/Division Commander is not required to make them aware that the completed and signed Letter of Counseling was received.

The audio recording of the pre-disciplinary hearing is not transcribed and made part of the disciplinary file.

A Letter of Counseling is a formal disciplinary action that can result in suspension, demotion, or dismissal.

The accused employee is not allowed to submit a written statement to the hearing officer after the pre-disciplinary hearing.

The Sheriff's Legal Counsel is responsible for reviewing all disciplinary recommendations before a pre-disciplinary hearing.

The audio recording of the pre-disciplinary hearing shall be made part of the disciplinary file and shall be forwarded through the chain of command along with all other documentation.

The Disciplinary Review Board shall consist of a minimum of three members.

The affected employee has the opportunity to appear before the Disciplinary Review Board, unless they elect to respond in writing to the allegations.

If an employee appears before the Disciplinary Review Board, the session shall not be audio recorded.

The Board Chairperson may call the complaint investigator or other persons who may present pertinent testimony to the matter under review.

A request to appeal to the Sheriff must be made within five days after the Disciplinary Review Board's decision has been rendered.

The Sheriff reserves the right to deny any further request for an appeal.

The Disciplinary Review Board's decision is final and binding.

The Hillsborough County Employee Disciplinary Appeal Process is a separate process from the Sheriff's Office appeal process.

An employee who wishes to utilize the Hillsborough County Employee Discipline Appeal Process must waive their right to appeal to the Sheriff.