1037 - Personnel Intervention System.docx

This General Order rescinds General Order 1037 dated February 22, 2022, and all of its addenda and revisions and any other General Order dealing with this issue. Effective Date: November 09, 2023 To: All Personnel TABLE OF CONTENTS 1.0 PURPOSE 2 2.0 POLICY 2 3.0 PROCEDURES 2 4.0 LIFESTYLE ASSISTANCE...

This General Order rescinds General Order 1037 dated February 22, 2022, and all of its addenda and revisions and any other General Order dealing with this issue. Effective Date: November 09, 2023 To: All Personnel TABLE OF CONTENTS 1.0 PURPOSE 2 2.0 POLICY 2 3.0 PROCEDURES 2 4.0 LIFESTYLE ASSISTANCE AND MODIFICATION PROGRAM (LAMP) 7 5.0 MANDATORY FITNESS FOR DUTY EVALUATIONS 12 6.0 ANNUAL REVIEW 12 1.0 PURPOSE – The Personnel Early Intervention System is designed to identify agency employees who may require agency intervention efforts. 1.1 ESTABLISHMENT – A comprehensive early intervention system is an essential component of good discipline in a well-managed law enforcement agency. The Personnel Early Intervention System is a proactive program designed to identify employees who are involved in multiple incidents involving discipline, substandard performance, allegations of misconduct, or use of force. The Sheriff recognizes that employees encounter various situations that can easily escalate and become a danger to the public or co-workers. Additionally, the way employees handle day-to-day challenges can reveal underlying problems, which if left unchecked can lead to additional negative behavior. It is in the best interest of the public, and the agency, to try to identify those members who may be experiencing problems and provide them with additional training, counseling, or assistance in an effort to resolve those issues so they do not develop into misconduct allegations. The early identification of potential problem employees and a menu of remedial actions can increase agency accountability and offer employees a better opportunity to meet the agency’s values and mission statement. 2.0 POLICY – Proper conduct of all agency employees is crucial to the achievement of the agency’s mission. It is the policy of the agency to actively monitor all employees’ conduct and provide appropriate intervention when it is evident that behavior and performance-related problems exist, which have the potential of undermining the agency’s mission and / or the public trust. It is not the intention of this policy to place any individual liability on anyone who fails to identify such an individual or situation. 3.0 PROCEDURES 3.1 FIRST AND SECOND LEVEL SUPERVISORS – First and second level supervisors are crucial elements to a successful Early Intervention System. These supervisors work with the individual employees on a day-to day basis and may be the first to observe and document possible problems with job performance or job or personal related stress. 3.1.1 Such problems, to include abuse of sick time, use of unnecessary force, poor safety techniques, changes in behavioral patterns, changes in appearance, excessive tardiness, over aggressiveness, or equipment abuse may be noted. Although no particular set of criteria can determine job stress and / or performance problems, it is important that certain criteria be routinely reviewed as indicators of behavior patterns. The following are routinely reviewed indicators (NOTE: Criteria for indicators are listed in Section 3.4) 3.1.1.1 Internal Investigations Administrative Complaints Inquiries Received Discipline Bias Use of Force CEW Deployments Deadly Force Avoidable Traffic Incidents Below Standards Evaluation On-the-job Injuries 3.1.2 All supervisors and FTOs are responsible for actively monitoring employee conduct and intervening when necessary. They shall properly notify the chain of command when an employee has demonstrated a pattern of abuse of leave and when an employee’s behavior is detrimental to self or others or is contrary to agency policy. Division Commanders may authorize an Early Intervention Review through Professional Standards or through Human Resources. 3.2 THE OFFICE OF PROFESSIONAL STANDARDS’ RESPONSIBILITY - The Professional Standards Division shall be responsible for the collection and maintenance of information regarding complaints, administrative and internal investigations, all disciplinary sanctions, review board findings, use of force forms for all agency personnel, and fitness for duty regarding a critical incident. 3.2.1 The Office of Professional Standards shall initiate an Early Intervention Review as described in section 3.4 when criteria are met. 3.3 HUMAN RESOURCES SECTION RESPONSIBILITY – The Human Resources Section shall be responsible to collect and maintain information regarding performance evaluations, worker’s compensation claims and fitness for duties for all agency personnel. Human Resources shall assist in an early intervention review as described when criteria are not affecting a mandatory referral to LAMP. Records of these matters shall be made available to the Office of Professional Standards when requested. 3.3.1 Any employee evaluation received by Human Resources with an overall rating of “Below Standard” shall be copied and forwarded to the Office of Professional Standards upon receipt. 3.4 INITIATION OF AN EARLY INTERVENTION REVIEW 3.4.1 An early intervention review shall be initiated whenever an employee: 3.4.1.1 Is the focus of (3) internal investigations within a twelve-month period. 3.4.1.2 Has received three (3) complaints for misconduct within a twelve-month period. 3.4.1.3 Has received three (3) disciplinary sanctions within a twelve-month period. 3.4.1.4 Has received two (2) bias policing complaints within a twelve-month period. 3.4.1.5 Has (2) internal investigations specifically for use of force within a six-month period. 3.4.1.6 Has (3) CEW (Conductive Energy Weapon) deployments in one month. 3.4.1.7 Is the subject of two (2) use of deadly force or shooting incident investigations within twelve- months. 3.4.1.8 Involved in two (2) avoidable traffic incidents within six months. 3.4.1.9 Received a final score of “Below Standard” on an evaluation after probation. 3.4.1.10 Had three (3) on the job injuries within twelve-months. 3.4.2 If an employee exhibits any inappropriate, improper, or bizarre behavior that causes other employees to be concerned for that employee’s mental or emotional stability, an early intervention review may be initiated by a supervisor even though none of the criteria listed in 3.4.1 are present. 3.4.2.1 If initiated in this manner, the supervisor shall notify his/her Bureau Chief both verbally and in writing, giving the basis for requesting such a review. 3.4.2.2 The Bureau Chief/designee shall contact the Office of Professional Standards or Human Resources, as applicable, to initiate the review. 3.4.3 The initiation of a review shall not be construed as misconduct and shall be utilized solely for the purpose of identifying potential problems facing the employee under review. 3.4.4 Upon the initiation of a review, the Office of Professional Standards or Human Resources, as applicable, shall notify the involved employee’s Bureau Chief in writing, including documentation of the incidents that triggered the review and a Personnel Early Intervention System/Follow-up Program (MCSO FM 20-003). 3.5 REMEDIAL ACTION 3.5.1 The Bureau Chief/designee may discuss the incidents with the involved member and review available intervention options that can be offered, accepted, or rejected, which may include, but are not limited to: 3.5.1.1 Remedial training that shall be tailored to fit each individual situation; 3.5.1.2 Anger management training; 3.5.1.3 Stress resolution training; 3.5.1.4 Ethics training; 3.5.1.5 Cultural diversity training; 3.5.1.6 Use of force training; 3.5.1.7 Interpersonal skills training; 3.5.1.8 Driving skills training; and 3.5.1.9 Peer counseling. 3.5.2 Counseling for such issues as marital and family problems, financial problems, alcoholism, substance abuse, or any other personal problem which seriously and repeatedly interferes with job performance or health. 3.5.2.1 Referral to the Lifestyle Assistance and Modification Program (LAMP). 3.5.2.2 Referral to health services 3.5.2.3 Occupational safety instruction 3.5.2.4 Transfer / reassignment 3.5.2.5 Heightened supervision 3.5.2.6 Positive aspect of peer influence 3.5.2.7 Limited or administrative duty (if available) 3.5.2.8 Individual goal setting and accountability requirements 3.5.2.9 Fitness- for- Duty evaluation 3.5.2.10 Policy review 3.5.2.11 Traumatic incident counseling 3.5.3 The Bureau Chief/designee shall respond by memorandum to Professional Standards to report the results of the review and/or any intervention that may be initiated. A copy may be forwarded to Human Resources. 3.5.4 If intervention is deemed to be unnecessary, the Bureau Chief/designee shall document such, including the reasons why intervention is not needed, and send the documentation to Professional Standards to be filed. 3.5.5 If intervention is initiated, every (30) days the Bureau Chief/designee shall send a follow-up memorandum documenting the employee’s progress toward completion of the intervention. 3.5.5.1 Input from the employee’s immediate supervisor regarding his/her observations of the employee’s efforts to complete intervention shall be included in the memorandum. 3.5.5.2 These memorandums will be required until the employee completes the intervention or until it has been determined that the employee has failed to complete the intervention options within the specified time frame. 3.5.6 The use of intervention options to assist an employee shall not be considered or used to replace, substitute for, or in lieu of any disciplinary action directed by supervisory or command personnel in accordance with agency procedures. 3.5.6.1 If an employee fails to complete required intervention options, he/she may be subject to disciplinary action. 3.6 Traumatic incident counseling shall be an exception whereby the individual receiving services shall be the holder of confidentiality. Service provision inquiries shall neither be confirmed nor denied without the expressed written consent of the employee(s). 3.6.1 The scene commander or the Emergency Services Commander should request the Peer Support Team. 3.6.2 Traumatic events may include death or injury of an officer in the line-of-duty, death or severe injury of a citizen, severe child injury or any situation in which a scene commander or Emergency Services Commander opines that prolonged and/or severe emotional trauma may have occurred. 3.6.2.1 Services available include individual, group or combined counseling. 3.6.2.2 All persons involved in or with a traumatic incident, to include law enforcement officers, correctional officers, special teams’ members, and communication specialists, shall be included in the Peer Support Team. The scene commander or Emergency Services Commander shall contact immediate supervisors of affected personnel which then shall notify affected employees to meet with the Peer Support Team. The designated time and place of the service shall be determined jointly by the scene commander and LAMP provider. 3.6.3 Individual traumatic counseling services shall be provided within similar framework as the group services. 3.6.3.1 Individual follow-up services may be appropriate following a meeting with the Peer Support Team. An independent psychologist, LAMP, a peer counselor, or clergy may provide follow-up services. 4.0 LIFESTYLE ASSISTANCE AND MODIFICATION PROGRAM (LAMP) 4.1 PROGRAM – Personal problems such as stress, depression, marital or family concerns, alcohol and other drug abuse, post shooting trauma, or financial difficulties, if overlooked or ignored, often adversely affect individual lives, the family unit, and/or the individual’s work attendance or performance. Timely intervention and assistance can help to prevent deterioration and return an employee to a satisfactory level of job performance. LAMP is designed to assist in the identification and resolution of concerns or problems that may adversely affect an employee’s personal or professional well-being or job performance. The program provides employees and their families with confidential assistance. 4.1.2 LAMP is intended to assist employees who are suffering from persistent problems that may tend to jeopardize the employee’s psychological and/or physical well-being. The goal of the program is to help the employee who has developed problems by providing services for consultation, treatment, and rehabilitation in order to prevent their condition from progressing to a degree that it will prevent them from functioning effectively in the workplace. 4.1.3 Employees are assured that their job security, promotional opportunities, and reputation will not be jeopardized by self-referring to LAMP. 4.1.4 Referral may either be voluntary, in which the employee elects to participate in the program, or it may be a supervisory referral, in which a supervisor refers an employee into the program. 4.1.4.1 Employees who have a problem that they feel may affect work performance are encouraged to seek assistance voluntarily by contacting the LAMP Team at 741-2994 or 741-2995 or, after hours, 782-4617 on their own. In this circumstance, the employee’s supervisor will never know of the employee’s action unless the employee chooses to inform him/her. 4.1.4.2 The employee shall have the right to discontinue participation at any time. 4.1.4.3 If an employee enters LAMP or accepts a referral to LAMP, participation in the program shall not substitute for improved job performance. Should job performance continue to decline, normal disciplinary procedures will apply. 4.1.5 All records for employees admitted to the program are confidential and will be handled as outlined in Section 4.0. 4.1.6 Leave may be granted for treatment or rehabilitation as outlined in the General Order 2000 regarding Benefits. 4.2 SERVICES –The scope of services offered through LAMP include: 4.2.1 Counseling of agency members and their immediate family members (i.e., spouses and dependent children) 4.2.2 Training in crisis intervention techniques, domestic negotiation, and interpersonal and communication skills 4.2.3 Training in personal anger management and stress management 4.2.4 Psychological services on an as-needed basis for relevant issues which may arise. 4.2.5 Post trauma counseling 4.2.6 Job counseling 4.2.7 Individual and group therapy 4.2.8 Marriage and family counseling 4.2.9 Alcohol, drug, and tobacco counseling 4.2.10 Stress awareness and management 4.2.11 Weight reduction 4.2.12 Relaxation skills 4.2.13 Grief counseling 4.2.14 Financial counseling 4.3 PROVIDERS – Services may be by referral to outside providers. Not all services are free of charge. Employee Health Benefits referrals may be subject to co-pay and limitations as per their requirements. 4.4 RESPONSIBILITIES OF SUPERVISORS –It is the responsibility of all supervisory personnel to: 4.4.1 Take action where there is a documented pattern of deteriorating job performance; 4.4.2 Ensure that an employee’s job security or promotional opportunities will not be jeopardized by a request for assistance; 4.4.3 Refrain from making any diagnosis or judgment about the employee’s problem. Referral for assistance shall be made only at the employee’s request and/or the basis of unsatisfactory job performance; and 4.4.4 Maintain confidentiality outside the employee’s chain of command. 4.4.5 The earlier a problem can be identified, the greater the possibility it can be solved. In identification, the supervisor must use caution and discretion. The supervisor’s concern for an employee’s personal problem(s) comes into effect only if the problems manifest themselves in job performance or attendance problems or involve off-duty incidents that are subject to disciplinary action. Since variations in job performance, absenteeism, or tardiness are more apparent than their causes, the role of the supervisor is to identify job performance problems only, not to diagnose the personal problems of employees. Documentation of job performance problems should be kept accurately in accordance with the General Order regarding Employee Evaluation. Supervisor initiated referrals to LAMP should be considered only after all job related or technical factors such as increased training, etc., have been explored. LAMP can then be used so that the employee remains employable. 4.4.6 Supervisors are not expected to handle employee health and personal problems without assistance. If an employee indicates that a problem exists, the supervisor should remind the employee of LAMP services and suggest that the employee seek assistance. 4.4.7 If employees allow their health and personal problems to be unresolved and job performance is adversely affected; supervisors may use the program to motivate employees to take corrective action. Proper utilization of LAMP in this manner is consistent with normal supervisory roles and responsibilities. It is the objective of the Manatee County Sheriff's Office to make available all resources, internal and external, to employees with declining performance. Depending upon the seriousness of the situation, there are three avenues involving LAMP that supervisors may use: 4.4.7.1 Informal Encouragement – Whenever employees receive counseling for job performance problems, supervisors should promote the use of LAMP reminding the employee of the program’s availability. 4.4.7.2 Supervisory Written Encouragement to Use LAMP – If performance problems exist to the extent that the supervisor feels an oral or written disciplinary action is indicated, the supervisor should follow normal disciplinary procedures. The employee may then be encouraged in writing to use LAMP. This written encouragement will be provided as part of the plan for improvement; and 4.4.7.3 Supervisory Formal Referral to LAMP; 4.4.7.3.1 If an employee is involved in a circumstance or incident that could lead to their suspension or termination or which may involve extended plans for improvement, the agency may initiate a formal referral to LAMP. 4.4.7.3.2 The supervisor shall contact LAMP and schedule an appointment for the employee. Human Resources personnel are available to assist with the referral. 4.4.7.3.2.1 The telephone consultation should be followed within 24 hours with a short narrative report documenting the reason for referral and specific behaviors of concern, 4.4.7.3.2.2 The supervisor shall notify the employee in writing of the appointment. 4.4.7.3.2.3 The supervisor shall include in the written notification that the employee’s decision to accept the appointment is completely voluntary and that attendance or non-attendance will not affect continuing review for possible disciplinary action. 4.4.7.3.2.4 If the employee chooses to accept the referral to LAMP, the psychologist shall notify the supervisor whether the employee keeps the appointment, makes and keeps future appointments and if any time away from work will be required to resolve any personal, health, or emotional problems affecting performance. 4.5 SUPERVISORY TRAINING (LAMP) –The Human Resources section shall develop and provide the Training Section with a course outline for training all agency supervisors in LAMP program services, identification of employee behaviors which would indicate the existence of employee concerns, problems, and/or issues that could impact employee job performance, and the supervisor’s role and responsibility. The Training Section shall incorporate this training into the agency supervisor training classes, along with refresher training as needed. 4.6 RESPONSIBILITIES OF EMPLOYEES 4.6.1 Employees are encouraged to contact LAMP on their own. 4.6.2 Employees have the right to request, accept, or refuse help from LAMP. 4.6.3 Employees are encouraged to cooperate with a supervisory referral for assistance and to return to a satisfactory level of job performance. 4.6.4 Employees who are given notice of poor job performance must bring their performance back to acceptable standards, or they will be subject to existing corrective and/or disciplinary action for unsatisfactory performance regardless of their level of involvement with LAMP. 4.7 CONFIDENTIALITY 4.7.1 The Manatee County Sheriff’s Office’s primary concern is job performance. Therefore, for ethical reasons, the LAMP will not tell supervisors what an employee’s specific personal, emotional, or health problems concern nor the recommended treatment plan unless the employee gives their voluntary written permission. A notable exception is found if FSS 490.0147 which relates to the confidentiality of communication with individuals providing psychological services. Confidentiality is waived and disclosure will be made if there is a “clear and immediate probability” of death or physical harm to a specific person, or if past, present, (or future intent to) abuse children, the elderly, or the disabled is suspected. 4.7.2 With the above noted exception, LAMP is under strict obligation not to provide anyone inside or outside the Manatee County Sheriff’s Office with the name of any employee or dependent who uses this service. 4.7.3 When information concerning an employee’s health is relevant, supervisors shall request this information directly from the employee. 4.8 ASSISTANCE FOLLOWING LINE-OF-DUTY DEATH OR SERIOUS INJURY 4.8.1 Information regarding the Family Assistance Committee is found in the General Order 2000 regarding Benefits. Information regarding traumatic event counseling is located elsewhere within this General Order. 5.0 MANDATORY FITNESS FOR DUTY EVALUATIONS 5.1 Mandatory fitness-for-duty evaluations will be conducted external to the agency and coordinated by the Director of Human Resources / designee. All requests for fitness-for-duty evaluations must come from the Sheriff/designee. A fitness-for-duty evaluation is not to be requested as a disciplinary action. The purpose of a fitness-for-duty evaluation is to determine if an individual is psychologically fit to carry out specific job duties and if not fit, to determine recommendations that may result in eventual fitness. The psychologist or the Director of Human Resources may consult with the Sheriff/designee as to the appropriateness of fitness-for-duty evaluations and referral issues to be addressed. 5.1.1 The Director of Human Resources or his/ her designee shall be available to review the contents of a fitness-for-duty evaluation with the requesting party. 5.1.2 The Human Resources Section shall provide custodial services for externally conducted fitness-for-duty evaluation reports or related material. 6.0 ANNUAL REVIEW 6.1 PROCEDURES – Each January the Human Resources Section and the Professional Standards Division shall evaluate the Personnel Early Intervention System to determine if it is providing the data necessary to enable the agency to provide timely information for supervisors and commanders, and appropriate intervention for the employees where review was initiated. 6.1.1 The evaluation of the system shall be documented and provided to the Sheriff, Chief Deputy, Bureau Chiefs, and the Professional Compliance Unit. Approved For Issue – Charles R. Wells, Sheriff Charles R. Wells, Sheriff Manatee County Florida