Sheriff's Office Employee Misconduct Procedure
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Questions and Answers

What is the primary purpose of this standard operating procedure?

  • To provide a system of evaluating employee performance through observation and documentation
  • To promote high morale and public acceptance and support
  • To investigate and dispose of complaints of civilian employee misconduct (correct)
  • To define uniform guidelines for the receipt of citizen complaints

    • What is a Citizen Complaint Report?

  • A report documenting a finding of Exonerated Due to Policy Failure
  • A type of accusation or charge accusing a member of the Sheriff's Office of violating a policy
  • A system of evaluating employee performance through observation and documentation
  • A computerized report entered via BlueTeam and maintained within the IAPro database (correct)

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

  • To evaluate employee performance through observation and documentation
  • To stimulate harmony and efficiency, and to ensure public acceptance and support (correct)
  • To investigate and dispose of complaints of civilian employee misconduct
  • To facilitate coordination of effort and promote high morale

    • What is a Complaint of Official Misconduct?

    <p>An accusation or charge accusing a member of the Sheriff's Office of violating a policy</p> Signup and view all the answers

    What is the Employee Performance Management System (EPMS)?

    <p>A system of evaluating employee performance through observation and documentation</p> Signup and view all the answers

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

    <p>Exonerated</p> Signup and view all the answers

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

    <p>The person making the finding initiates a review of the policy in question and drafts a recommendation to resolve the failure</p> Signup and view all the answers

    Who does this standard operating procedure apply to?

    <p>All tenured (classified) civilian, non-sworn, Sheriff's Office personnel</p> Signup and view all the answers

    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?

    <p>They are relieved of official duties and suspended without pay.</p> Signup and view all the answers

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

    <p>Their request will be granted solely at the discretion of the Sheriff.</p> Signup and view all the answers

    Who has the authority to initiate a formal misconduct investigation?

    <p>Only personnel with the equivalent rank of major or above, with the exception of the Professional Standards Bureau Captain or Sergeant.</p> Signup and view all the answers

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

    <p>The date of this authorization.</p> Signup and view all the answers

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

    <p>To notify the accused employee of the investigation.</p> Signup and view all the answers

    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?

    <p>To document the main issues of the complaint.</p> Signup and view all the answers

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

    <p>Supervisory personnel shall refer to standard operating procedure GEN 122.06.</p> Signup and view all the answers

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

    <p>Formal investigations of misconduct less serious in nature.</p> Signup and view all the answers

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

    <p>They must submit an inter-office memorandum to their Department Commander via the chain of command.</p> Signup and view all the answers

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

    <p>Allegations of minor policy violations.</p> Signup and view all the answers

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

    <p>Perjury and Oath Acknowledgement Form</p> Signup and view all the answers

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

    <p>An introductory statement which includes the date, time, location, persons present, investigator, nature of the investigation, and a declaration that the interview is being audio recorded</p> Signup and view all the answers

    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?

    <p>When advanced notification would jeopardize the investigation</p> Signup and view all the answers

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

    <p>A limited number of short recesses to provide advice and counsel to the employee</p> Signup and view all the answers

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

    <p>The complaint and all statements, including all other existing statements and all evidence</p> Signup and view all the answers

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

    <p>Voluntarily submit a written statement before the investigation is concluded</p> Signup and view all the answers

    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?

    <p>When the witness is incarcerated in a correctional facility and may be under the supervision of or have contact with the person(s) under investigation</p> Signup and view all the answers

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

    <p>The date, time, location, persons present, investigator, and a declaration that the interview is being audio recorded</p> Signup and view all the answers

    What is the purpose of the Confidentiality Notice Form?

    <p>To obtain statements from Sheriff’s Office personnel who are complainants, witnesses, or accused personnel</p> Signup and view all the answers

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

    <p>The Sheriff or designee</p> Signup and view all the answers

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

    <p>They must be placed under oath.</p> Signup and view all the answers

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

    <p>The privilege against self-incrimination is no barrier against disciplinary action.</p> Signup and view all the answers

    What is the purpose of a voluntary polygraph examination?

    <p>To clear the accused employee's name.</p> Signup and view all the answers

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

    <p>Both personally owned and county-owned property.</p> Signup and view all the answers

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

    <p>45 days.</p> Signup and view all the answers

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

    <p>180 days.</p> Signup and view all the answers

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

    <p>Upon completion of the investigation phase</p> Signup and view all the answers

    Who should supervisors contact for investigative advice and techniques?

    <p>The Professional Standards Bureau.</p> Signup and view all the answers

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

    <p>The investigator must complete the Extension of Investigation section of the Complaint Investigation Notification and Status Form.</p> Signup and view all the answers

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

    <p>Complaint Investigation Report Form</p> Signup and view all the answers

    What is the purpose of the 45-day rule?

    <p>To enhance the efficiency of the investigative phase.</p> Signup and view all the answers

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

    <p>I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my knowledge, information, and belief, I have not knowingly or willingly deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in Florida Statutes 112.532 and 112.533.</p> Signup and view all the answers

    What is prohibited during an administrative investigation?

    <p>Subjecting the accused employee to offensive language or threats.</p> Signup and view all the answers

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

    <p>A green in color single-pocket expanding folder</p> Signup and view all the answers

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

    <p>They are placed in a no-pay status or on an administrative leave with pay</p> Signup and view all the answers

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

    <p>The District/Division Commander</p> Signup and view all the answers

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

    <p>The overall seriousness of the infraction</p> Signup and view all the answers

    What is a letter of counseling?

    <p>A documented discussion between a supervisor and subordinate</p> Signup and view all the answers

    Who reviews the investigation report packet?

    <p>The District/Division Commander</p> Signup and view all the answers

    What happens to cases investigated by the Professional Standards Bureau?

    <p>They are routed directly to the District/Division Commander</p> Signup and view all the answers

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

    <p>They are not eligible for a green category separation unless the allegations are unfounded or unsubstantiated.</p> Signup and view all the answers

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

    <p>Five-calendar day preparation period</p> Signup and view all the answers

    Who moderates a pre-disciplinary hearing?

    <p>The Division/District Commander of the accused</p> Signup and view all the answers

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

    <p>The hearing officer reviews the documentation and makes a disciplinary recommendation.</p> Signup and view all the answers

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

    <p>No penalty, but the hearing officer reviews the documentation</p> Signup and view all the answers

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

    <p>They waive their right to appeal to the Disciplinary Review Board or the Sheriff.</p> Signup and view all the answers

    What is the purpose of a pre-disciplinary hearing?

    <p>To provide an avenue of response for the accused to assert defenses and justifications</p> Signup and view all the answers

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

    <p>The employee forfeits pay for extensions granted beyond five calendar days.</p> Signup and view all the answers

    What is the purpose of a Letter of Counseling?

    <p>To provide corrective guidance to an employee</p> Signup and view all the answers

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

    <p>The Sheriff or designee</p> Signup and view all the answers

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

    <p>Overtime is granted to the accused, witnesses, and hearing personnel.</p> Signup and view all the answers

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

    <p>It is forwarded to the Sheriff for review</p> Signup and view all the answers

    What is the purpose of a Letter of Reprimand?

    <p>To formally censure an employee for unacceptable behavior</p> Signup and view all the answers

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

    <p>A Notice of Pre-Disciplinary Hearing Form is completed</p> Signup and view all the answers

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

    <p>They must be submitted to the Sheriff's Legal Counsel for review</p> Signup and view all the answers

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

    <p>The finding is crossed through and the new finding is noted</p> Signup and view all the answers

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

    <p>To notify an employee of a pre-disciplinary hearing</p> Signup and view all the answers

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

    <p>It is filed with the investigative report</p> Signup and view all the answers

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

    <p>The employee's District/Division Commander</p> Signup and view all the answers

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

    <p>The case is forwarded to the Disciplinary Review Board for review</p> Signup and view all the answers

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

    <p>Speak to the employee about the complaint and give the employee the complainant's name and basis for complaint</p> Signup and view all the answers

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

    <p>Deficiencies noted by district/division supervisors, training staff, staff inspections, or the Professional Standards Bureau</p> Signup and view all the answers

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

    <p>Temporarily relieve them of their present duty assignment and reassign them to other duties</p> Signup and view all the answers

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

    <p>Upon determination by the Sheriff that such suspension/relief from duty is in the best interest of the public and/or the Sheriff's Office</p> Signup and view all the answers

    What happens when an employee is relieved from official duties?

    <p>Notification is made to the Sheriff through the chain of command</p> Signup and view all the answers

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

    <p>They are given the opportunity to respond to the allegations</p> Signup and view all the answers

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

    <p>12 months</p> Signup and view all the answers

    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?

    <p>Following insubordinate or other conduct which could adversely affect efficient and effective operation of the Sheriff's Office</p> Signup and view all the answers

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

    <p>Non-Punitive Action</p> Signup and view all the answers

    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?

    <p>They are placed on administrative leave with pay not to exceed 10 working days</p> Signup and view all the answers

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

    <p>Non-Tenured Personnel</p> Signup and view all the answers

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

    <p>They are relieved of their official duties and reassigned to other duties</p> Signup and view all the answers

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

    <p>Punitive Disciplinary Action</p> Signup and view all the answers

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

    <p>To provide written notice to the employee</p> Signup and view all the answers

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

    <p>Sustained</p> Signup and view all the answers

    What is the purpose of the Citizen Complaint Report?

    <p>To document citizen concerns and complaints of misconduct</p> Signup and view all the answers

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

    <p>All members of the Sheriff's Office</p> Signup and view all the answers

    What is the purpose of an informal inquiry?

    <p>To initially gather information and conduct a preliminary review</p> Signup and view all the answers

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

    <p>Tenured Personnel</p> Signup and view all the answers

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

    <p>Unfounded</p> Signup and view all the answers

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

    <p>Only personnel with tenure</p> Signup and view all the answers

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

    <p>10 calendar days</p> Signup and view all the answers

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

    <p>To request a hearing with the Hillsborough County Appeal Intake Office</p> Signup and view all the answers

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

    <p>The employee abandons their right to appeal</p> Signup and view all the answers

    What is the purpose of the Name Clearing Hearing Form?

    <p>To allow the employee to rebut or clarify information</p> Signup and view all the answers

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

    <p>They are granted a name clearing hearing</p> Signup and view all the answers

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

    <p>To allow the employee to introduce relevant testimony and evidence</p> Signup and view all the answers

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

    <p>Both the employee and the person responsible for the alleged discriminatory action</p> Signup and view all the answers

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

    <p>60 calendar days</p> Signup and view all the answers

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

    <p>It is made part of the disciplinary file and forwarded through the chain of command</p> Signup and view all the answers

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

    <p>The Department Commander</p> Signup and view all the answers

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

    <p>The employee's response in writing is considered in lieu of appearing</p> Signup and view all the answers

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

    <p>A non-voting member</p> Signup and view all the answers

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

    <p>The Board Chairperson checks the appropriate block on the Disciplinary Hearing Report</p> Signup and view all the answers

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

    <p>Two days</p> Signup and view all the answers

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

    <p>The Chief Deputy</p> Signup and view all the answers

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

    <p>To uniform the administration of employee discipline appeals</p> Signup and view all the answers

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

    <p>Participate in the Sheriff's Office appeal process</p> Signup and view all the answers

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

    <p>They are forwarded to the Chief Deputy and the Sheriff for final disposition</p> Signup and view all the answers

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

    <p>It is forwarded to the Professional Standards Bureau for review and filing</p> Signup and view all the answers

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

    <p>The accused employee, the Division/District Commander, and the complainant</p> Signup and view all the answers

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

    <p>The Professional Standards Bureau notifies the employee's Division/District Commander</p> Signup and view all the answers

    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?

    <p>Supervisors take possession of them</p> Signup and view all the answers

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

    <p>The employee is placed on leave without pay</p> Signup and view all the answers

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

    <p>They are forwarded to the Human Resources Division for inclusion in the employee's personnel file</p> Signup and view all the answers

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

    <p>The Notice of Discipline Form is sent certified mail, return receipt requested</p> Signup and view all the answers

    Who maintains the original disciplinary file and all applicable documentation?

    <p>The Professional Standards Bureau</p> Signup and view all the answers

    What is included in the investigative case file?

    <p>A copy of the signed Notice of Discipline Form and the signed return receipt, or the proof of non-delivery receipt</p> Signup and view all the answers

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

    <p>To inform the complainant of the outcome of the investigation</p> Signup and view all the answers

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

    <p>The hearing officer shall complete the Recommendation of Pre-Disciplinary Hearing/Name Clearing Hearing Officer and forward the file through the chain of command.</p> Signup and view all the answers

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

    <p>Other Sheriff's Office personnel</p> Signup and view all the answers

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

    <p>To declare the hearing is being audio recorded and note the date, time, location, and persons present</p> Signup and view all the answers

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

    <p>It is transcribed and made part of the disciplinary file</p> Signup and view all the answers

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

    <p>Make a statement, ask questions, call witnesses, and introduce evidence in defense of the allegations</p> Signup and view all the answers

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

    <p>Their intention to appeal the decision</p> Signup and view all the answers

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

    <p>The hearing officer shall include the reasons for the revised finding in a summary memorandum and attach it to the disciplinary file</p> Signup and view all the answers

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

    <p>To document the hearing officer's finding and notate the rule violation(s)</p> Signup and view all the answers

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

    <p>Submit the statement within three working days after the hearing</p> Signup and view all the answers

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

    <p>To ensure the accuracy of the hearing</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    Tenured personnel have not completed their initial probationary period.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    An informal inquiry is a formal misconduct investigation.

    <p>False</p> Signup and view all the answers

    Only supervisors can initiate an informal inquiry.

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    Non-tenured personnel have completed their initial probationary period.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    A letter of counseling is a formal disciplinary action.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    All hearings will be closed to the public.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    Voluntary polygraph examinations are required in all administrative investigations.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    The pre-disciplinary hearing is not audio recorded.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    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 civilian employee misconduct.
    • This procedure applies to all tenured (classified) civilian, non-sworn, Sheriff’s Office personnel.

    Discipline and Discussion

    • Discipline is a state of training and mental attitude that fosters compliance with policies, regulations, and standards of proper conduct.
    • Proper discipline stimulates harmony and efficiency, facilitates coordination of effort, promotes high morale, and encourages public acceptance and support.

    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 member of the Sheriff's Office 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 individual'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.
    • Non-Tenured Personnel: Classified personnel who have not completed their initial probationary period.
    • 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.
    • Unfounded: A finding or conclusion that an allegation is demonstrably false.
    • Unsubstantiated: A finding or conclusion that sufficient credible evidence was lacking to prove or disprove the allegation.

    Procedure

    • Complaint Receipt and Documentation:
      • All members of the Sheriff’s Office are responsible for receiving and forwarding citizen concerns and complaints of misconduct to the accused employee’s supervisor for inquiry and/or investigation.
      • Concerns and complaints of employee conduct may also be initiated by an employee’s supervisor or other Sheriff’s Office personnel.
      • Not all concerns of employee conduct require a formalized investigation. Some concerns can be addressed informally by the affected civilian employee's supervisor.
    • Informal Inquiries:
      • Supervisors who receive complaints of alleged employee misconduct may initially conduct an informal inquiry.
      • An informal inquiry is not intended to be a formal misconduct investigation.
    • Administrative Assignment, Administrative Leave with Pay, and Suspension Without Pay:
      • Every supervisor has discretion over the work assignment of subordinate personnel during a tour of duty.
      • Any employee may be immediately placed on administrative assignment or relieved from duty (Administrative Leave with Pay or Suspension Without Pay) without the benefit of advanced written notice, upon determination by the Sheriff that such suspension/relief from duty is in the best interest of the public and/or the Sheriff’s Office.
    • Investigation Phase:
      • Formal investigations of misconduct less serious in nature shall generally be investigated at the district/division level.
      • Allegations or circumstances requiring investigation by the Professional Standards Bureau are outlined in the procedure.
      • Only personnel with the equivalent rank of major or above, with the exception of the Professional Standards Bureau Captain or Sergeant, shall have authority to initiate a formal misconduct investigation.### Misconduct Investigations
    • Supervisors can seek advice from the Professional Standards Bureau for investigative techniques and applicable rules and regulations.
    • Supervisors are encouraged to seek legal advice from the Sheriff's Legal Counsel for legal sufficiency and defense.

    Investigation Timeline

    • Misconduct investigations must be completed within 45 days, unless exigent or extenuating circumstances exist.
    • If the investigation is not completed within 45 days, the investigator must complete the Extension of Investigation section and obtain the District/Division Commander's signature.
    • All investigations must be completed within 180 days, unless specifically tolled or extended in accordance with Florida Statute 112.532 (6)(a)(1-6).

    Investigation Reporting

    • Upon completion of the investigation, the investigator must notify the accused in writing and provide a copy of the updated Notification Form.
    • The investigator must complete a Complaint Investigation Report Form, which includes a statement sworn and subscribed to under penalty of perjury.

    Disciplinary Phase

    • Upon receipt of the completed investigation report, the Division/District Commander must review the investigation and submit a disciplinary recommendation.
    • The disciplinary recommendation is based on the overall seriousness of the infraction, prescribed penalty guidelines, and the impact of the act on other personnel and the agency.
    • Disciplinary actions may include:
      • Letter of Counseling
      • Letter of Reprimand
      • Suspension
      • Demotion
      • Dismissal

    Disciplinary Process

    • If the recommended discipline is a Letter of Counseling or Letter of Reprimand, the completed and signed document is forwarded to the Sheriff for review.
    • If the recommended discipline is suspension, demotion, or dismissal, the employee's District/Division Commander must complete a Notice of Pre-Disciplinary Hearing Form and provide the employee with a copy of the notice.
    • The employee has the opportunity to respond to the allegations and may request a pre-disciplinary hearing.

    Pre-Disciplinary Hearing

    • The purpose of the pre-disciplinary hearing is to provide an avenue of response for the accused to assert defenses and justifications prior to the possible imposition of punitive discipline.
    • The pre-disciplinary hearing is moderated by the Division/District Commander of the accused.
    • Personnel may bring a representative to assist or speak on their behalf.
    • The pre-disciplinary hearing is audio recorded, and the hearing officer must allow the accused to make a statement, ask questions, call witnesses, and introduce evidence in defense of the allegations.

    Disciplinary Review Board

    • Disciplinary matters involving punitive disciplinary measures are reviewed by the Disciplinary Review Board.
    • The board consists of a Department Commander, the Commanders of the remaining Departments, Chief Legal Counsel, and a representative from the Professional Standards Bureau.
    • The affected employee has the opportunity to appear before the Disciplinary Review Board, unless they elected not to appear or responded in writing to the allegations.
    • The board's recommendation is forwarded to the Sheriff for final disposition.

    Appeal to the Sheriff

    • A request to appeal to the Sheriff must be made within two days to the Sheriff's Executive Assistant after the Disciplinary Review Board's decision has been rendered.### Disciplinary Appeal Process

    • Personnel appealing the decision must issue an inter-office memorandum to the Sheriff via the Disciplinary Review Board Chairperson, stating specific issues to be addressed, within 5 days of the Disciplinary Review Board's decision (excluding Saturdays, Sundays, and holidays).

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

    • The Sheriff maintains the authority to take disciplinary action deemed appropriate under given circumstances.

    Hillsborough County Employee Discipline Appeal Process

    • The process is a uniform system for the administration of employee discipline appeals of suspension, demotion, or dismissal.
    • Classified employees must first participate in the Sheriff's Office appeal process to include the Pre-Disciplinary Hearing and the Disciplinary Review Board.
    • Appeals to the Hillsborough County Appeal Intake Office are open to tenured personnel.
    • A hearing is requested by making a written or electronic request to the Hillsborough County Appeal Intake Office within 10 calendar days from the official date of receipt of the Notice of Discipline Form.
    • The request for an appeal hearing must be submitted using the Employee Discipline Appeal Request Form, stating clearly and simply the reason(s) that said disciplinary action was not justified.
    • An appeal hearing will be scheduled within 60 calendar days after the Appeal Intake Office receives a request for appeal, unless a motion to dismiss or motion for summary judgment has been filed or by mutual consent of the parties.
    • All hearings will comply with Florida's Public Business "Sunshine" Law (Chapter 286, Florida Statute).

    Failure to Comply and Appeal Hearing

    • Failure to comply with the foregoing, or failure to exercise the right of appeal at the latest date established for the hearing, or any failure to show good and compelling cause why such hearing should be continued, shall constitute an abandonment of any further right to appeal the matter at hand.
    • The hearing, which is open to the public, shall provide the appellant with an opportunity to be heard by introducing relevant testimony and evidence.

    Disciplinary Action and Name Clearing Hearings

    • Personnel without tenure shall have no right to an appeal hearing before the Hillsborough County Appeal Intake Office.
    • The accused shall be granted the opportunity for a name clearing hearing with the affected Division/District Commander in cases where the accused separates or is separated from the Sheriff's Office prior to the conclusion of the investigation, disciplinary process, or final disposition.
    • The accused shall be notified via the Name Clearing Hearing Form sent certified, return receipt requested mail, including a finding of disposition if one was rendered, and an explanation that this information shall be placed into public record.

    U-Case Disposition Procedures

    • Once accepted and signed by the Sheriff or Chief Deputy, the investigative file shall be forwarded to the Professional Standards Bureau for review and filing.
    • The Professional Standards Bureau shall provide notification to the employee's Division/District Commander of the final disposition.
    • The Professional Standards Bureau shall notify the accused in writing of the final disposition of the allegation(s) by utilizing a form letter.
    • In order to maintain consistency, the Professional Standards Bureau may also notify all complainants of the final disposition of the case, utilizing a form letter upon their request.

    Disciplinary Suspensions

    • If the final disciplinary recommendation indicates a modification to non-punitive disciplinary action, the Professional Standards Bureau shall notify the employee's Division/District Commander.
    • If 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.
    • Supervisors shall take possession of credentials/identification cards, agency issued credit cards, and Sheriff's Office vehicle(s) from personnel who receive a 14-day or greater suspension.

    License or Certification Suspension/Revocation

    • If an employee's on or off-duty action(s) result in the suspension or revocation of a license or certification (e.g., driver license, etc.), which is required for job performance, the employee shall be subject to termination or being placed on leave without pay.
    • The employee has the option of using accrued leave (annual leave, holiday time, or compensatory time) in lieu of leave without pay, with the Sheriff's approval.
    • A business/employment purposes only permit shall not be acceptable for the operation of a Sheriff's Office vehicle.
    • 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.

    Purpose and Scope

    • The purpose of this standard operating procedure is to define uniform guidelines for the receipt, investigation, and disposition of complaints of civilian employee misconduct.
    • This procedure applies to all tenured (classified) civilian, non-sworn, Sheriff’s Office personnel.

    Discipline and Discussion

    • Discipline is a state of training and mental attitude that fosters compliance with policies, regulations, and standards of proper conduct.
    • Proper discipline stimulates harmony and efficiency, facilitates coordination of effort, promotes high morale, and encourages public acceptance and support.

    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 member of the Sheriff's Office 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 individual'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.
    • Non-Tenured Personnel: Classified personnel who have not completed their initial probationary period.
    • 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.
    • Unfounded: A finding or conclusion that an allegation is demonstrably false.
    • Unsubstantiated: A finding or conclusion that sufficient credible evidence was lacking to prove or disprove the allegation.

    Procedure

    • Complaint Receipt and Documentation:
      • All members of the Sheriff’s Office are responsible for receiving and forwarding citizen concerns and complaints of misconduct to the accused employee’s supervisor for inquiry and/or investigation.
      • Concerns and complaints of employee conduct may also be initiated by an employee’s supervisor or other Sheriff’s Office personnel.
      • Not all concerns of employee conduct require a formalized investigation. Some concerns can be addressed informally by the affected civilian employee's supervisor.
    • Informal Inquiries:
      • Supervisors who receive complaints of alleged employee misconduct may initially conduct an informal inquiry.
      • An informal inquiry is not intended to be a formal misconduct investigation.
    • Administrative Assignment, Administrative Leave with Pay, and Suspension Without Pay:
      • Every supervisor has discretion over the work assignment of subordinate personnel during a tour of duty.
      • Any employee may be immediately placed on administrative assignment or relieved from duty (Administrative Leave with Pay or Suspension Without Pay) without the benefit of advanced written notice, upon determination by the Sheriff that such suspension/relief from duty is in the best interest of the public and/or the Sheriff’s Office.
    • Investigation Phase:
      • Formal investigations of misconduct less serious in nature shall generally be investigated at the district/division level.
      • Allegations or circumstances requiring investigation by the Professional Standards Bureau are outlined in the procedure.
      • Only personnel with the equivalent rank of major or above, with the exception of the Professional Standards Bureau Captain or Sergeant, shall have authority to initiate a formal misconduct investigation.### Misconduct Investigations
    • Supervisors can seek advice from the Professional Standards Bureau for investigative techniques and applicable rules and regulations.
    • Supervisors are encouraged to seek legal advice from the Sheriff's Legal Counsel for legal sufficiency and defense.

    Investigation Timeline

    • Misconduct investigations must be completed within 45 days, unless exigent or extenuating circumstances exist.
    • If the investigation is not completed within 45 days, the investigator must complete the Extension of Investigation section and obtain the District/Division Commander's signature.
    • All investigations must be completed within 180 days, unless specifically tolled or extended in accordance with Florida Statute 112.532 (6)(a)(1-6).

    Investigation Reporting

    • Upon completion of the investigation, the investigator must notify the accused in writing and provide a copy of the updated Notification Form.
    • The investigator must complete a Complaint Investigation Report Form, which includes a statement sworn and subscribed to under penalty of perjury.

    Disciplinary Phase

    • Upon receipt of the completed investigation report, the Division/District Commander must review the investigation and submit a disciplinary recommendation.
    • The disciplinary recommendation is based on the overall seriousness of the infraction, prescribed penalty guidelines, and the impact of the act on other personnel and the agency.
    • Disciplinary actions may include:
      • Letter of Counseling
      • Letter of Reprimand
      • Suspension
      • Demotion
      • Dismissal

    Disciplinary Process

    • If the recommended discipline is a Letter of Counseling or Letter of Reprimand, the completed and signed document is forwarded to the Sheriff for review.
    • If the recommended discipline is suspension, demotion, or dismissal, the employee's District/Division Commander must complete a Notice of Pre-Disciplinary Hearing Form and provide the employee with a copy of the notice.
    • The employee has the opportunity to respond to the allegations and may request a pre-disciplinary hearing.

    Pre-Disciplinary Hearing

    • The purpose of the pre-disciplinary hearing is to provide an avenue of response for the accused to assert defenses and justifications prior to the possible imposition of punitive discipline.
    • The pre-disciplinary hearing is moderated by the Division/District Commander of the accused.
    • Personnel may bring a representative to assist or speak on their behalf.
    • The pre-disciplinary hearing is audio recorded, and the hearing officer must allow the accused to make a statement, ask questions, call witnesses, and introduce evidence in defense of the allegations.

    Disciplinary Review Board

    • Disciplinary matters involving punitive disciplinary measures are reviewed by the Disciplinary Review Board.
    • The board consists of a Department Commander, the Commanders of the remaining Departments, Chief Legal Counsel, and a representative from the Professional Standards Bureau.
    • The affected employee has the opportunity to appear before the Disciplinary Review Board, unless they elected not to appear or responded in writing to the allegations.
    • The board's recommendation is forwarded to the Sheriff for final disposition.

    Appeal to the Sheriff

    • A request to appeal to the Sheriff must be made within two days to the Sheriff's Executive Assistant after the Disciplinary Review Board's decision has been rendered.### Disciplinary Appeal Process

    • Personnel appealing the decision must issue an inter-office memorandum to the Sheriff via the Disciplinary Review Board Chairperson, stating specific issues to be addressed, within 5 days of the Disciplinary Review Board's decision (excluding Saturdays, Sundays, and holidays).

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

    • The Sheriff maintains the authority to take disciplinary action deemed appropriate under given circumstances.

    Hillsborough County Employee Discipline Appeal Process

    • The process is a uniform system for the administration of employee discipline appeals of suspension, demotion, or dismissal.
    • Classified employees must first participate in the Sheriff's Office appeal process to include the Pre-Disciplinary Hearing and the Disciplinary Review Board.
    • Appeals to the Hillsborough County Appeal Intake Office are open to tenured personnel.
    • A hearing is requested by making a written or electronic request to the Hillsborough County Appeal Intake Office within 10 calendar days from the official date of receipt of the Notice of Discipline Form.
    • The request for an appeal hearing must be submitted using the Employee Discipline Appeal Request Form, stating clearly and simply the reason(s) that said disciplinary action was not justified.
    • An appeal hearing will be scheduled within 60 calendar days after the Appeal Intake Office receives a request for appeal, unless a motion to dismiss or motion for summary judgment has been filed or by mutual consent of the parties.
    • All hearings will comply with Florida's Public Business "Sunshine" Law (Chapter 286, Florida Statute).

    Failure to Comply and Appeal Hearing

    • Failure to comply with the foregoing, or failure to exercise the right of appeal at the latest date established for the hearing, or any failure to show good and compelling cause why such hearing should be continued, shall constitute an abandonment of any further right to appeal the matter at hand.
    • The hearing, which is open to the public, shall provide the appellant with an opportunity to be heard by introducing relevant testimony and evidence.

    Disciplinary Action and Name Clearing Hearings

    • Personnel without tenure shall have no right to an appeal hearing before the Hillsborough County Appeal Intake Office.
    • The accused shall be granted the opportunity for a name clearing hearing with the affected Division/District Commander in cases where the accused separates or is separated from the Sheriff's Office prior to the conclusion of the investigation, disciplinary process, or final disposition.
    • The accused shall be notified via the Name Clearing Hearing Form sent certified, return receipt requested mail, including a finding of disposition if one was rendered, and an explanation that this information shall be placed into public record.

    U-Case Disposition Procedures

    • Once accepted and signed by the Sheriff or Chief Deputy, the investigative file shall be forwarded to the Professional Standards Bureau for review and filing.
    • The Professional Standards Bureau shall provide notification to the employee's Division/District Commander of the final disposition.
    • The Professional Standards Bureau shall notify the accused in writing of the final disposition of the allegation(s) by utilizing a form letter.
    • In order to maintain consistency, the Professional Standards Bureau may also notify all complainants of the final disposition of the case, utilizing a form letter upon their request.

    Disciplinary Suspensions

    • If the final disciplinary recommendation indicates a modification to non-punitive disciplinary action, the Professional Standards Bureau shall notify the employee's Division/District Commander.
    • If 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.
    • Supervisors shall take possession of credentials/identification cards, agency issued credit cards, and Sheriff's Office vehicle(s) from personnel who receive a 14-day or greater suspension.

    License or Certification Suspension/Revocation

    • If an employee's on or off-duty action(s) result in the suspension or revocation of a license or certification (e.g., driver license, etc.), which is required for job performance, the employee shall be subject to termination or being placed on leave without pay.
    • The employee has the option of using accrued leave (annual leave, holiday time, or compensatory time) in lieu of leave without pay, with the Sheriff's approval.
    • A business/employment purposes only permit shall not be acceptable for the operation of a Sheriff's Office vehicle.
    • 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.

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    This quiz covers the standard operating procedure for handling complaints of civilian employee misconduct in the Sheriff's Office, including guidelines for investigation and disposition.

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