Pasco Sheriff's Office General Order 26.2 PDF

PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: ADMINISTRATIVE MISCONDUCT INVESTIGATIONS AND DISCIPLINARY PROCEDURES GENERAL ORDER: 26.2 EFFECTIVE: SEPTEMBER 12, 2024 SUPERSEDES: MA...

PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: ADMINISTRATIVE MISCONDUCT INVESTIGATIONS AND DISCIPLINARY PROCEDURES GENERAL ORDER: 26.2 EFFECTIVE: SEPTEMBER 12, 2024 SUPERSEDES: MAY 31, 2024 ACCREDITATION STANDARDS: CFA 2.06, 2.07, 7.02, 7.03, 7.04, 7.05, 7.06, 20.01, 20.02, 20.03, 20.04 PAGES: 27 CONTENTS: This order consists of the following numbered sections: I. PROFESSIONAL STANDARDS UNIT II. ADMINISTRATIVE INVESTIGATIONS III. COMPLAINT RECEIPT AND DOCUMENTATION IV. AUTHORITY TO RELIEVE FROM DUTY V. ADMINISTRATIVE INVESTIGATIONS OF CIVILIAN MEMBERS VI. ADMINISTRATIVE INVESTIGATIONS OF CERTIFIED MEMBERS VII. BUREAU COMMANDER CONFERENCES AND PRE-DISCIPLINARY HEARINGS VIII. ADMINISTRATIVE INVESTIGATION CONCLUSIONS IX. CORRECTIVE AND DISCIPLINARY ACTION X. FINDINGS AND DISPOSITION XI. REOPENING OF INVESTIGATION XII. NAME CLEARING XIII. PROCESS OF APPEALS XIV. CONFIDENTIALITY OF INVESTIGATIONS XV. GLOSSARY PURPOSE: To establish the agency’s expectations of member conduct and performance; to establish a system for receipt, investigation, and disposition of complaints of member misconduct; and to ensure the fair, consistent, and timely implementation of discipline and training-based corrective action. SCOPE: This order applies to all members, as described herein. DISCUSSION: Proper conduct promotes efficiency, coordination of effort, and public support. Misconduct must be met with fair and consistent administrative action. 1 POLICY: The Sheriff’s Office will investigate all complaints against the agency and its members thoroughly, expeditiously and impartially according to the law and this order. PROCEDURE: I. PROFESSIONAL STANDARDS UNIT A. The Professional Standards Unit (PSU) is responsible for recording, registering, and controlling all alleged or suspected misconduct complaints against the agency and its members; oversight and management of all administrative investigations of misconduct allegations; and for maintaining the confidentiality of administrative investigation files and secure storage of such. Temporary storage of files is maintained in fireproof cabinets in a locked storage room, alphabetically. Active investigations are maintained by the assigned investigator until completion. Long-term storage of files are sent to the Records Retention Facility in compliance with retention periods and guidelines as stated in the Florida GRSLEA (General Records Schedule for Law Enforcement Agencies). [CFA 7.05, 20.01D, E, F] B. The Professional Standards Inspector is directly responsible for the administrative investigation function and reports directly to the Undersheriff of Administrative Operations. The Professional Standards Inspector is responsible for reviewing all complaints of alleged misconduct whether generated internally or externally, and making the determination whether the investigation will be assigned to and conducted by a Professional Standards Unit investigator or the subject member’s chain-of-command. C. Professional Standards investigators are responsible for the administrative investigation of complaints and have full authority to discharge this responsibility. 1. Professional Standards investigators will be provided access to all Sheriff’s Office facilities, equipment, and records as directed by the Sheriff. 2. Members will cooperate with and assist Professional Standards investigators conduct- ing administrative investigations. D. The Professional Standards Inspector will keep the Undersheriff informed of active investigations. In the event of a major incident, such as a deputy-involved shooting, the Undersheriffs and Professional Standards Inspector will be notified immediately by telephone by the incident supervisor’s chain-of-command. II. ADMINISTRATIVE INVESTIGATIONS: Administrative investigations will be conducted in conformance with Florida law and current policies and procedures of the Sheriff’s Office. A. The Professional Standards Inspector will review all complaints of misconduct alleged against a member of the agency, whether internally or externally generated. The Professional Standards Inspector will determine if the allegations are valid and if so, will assign the administrative investigation as follows: 1. Professional Standards Unit investigators are required to investigate the following: [CFA 20.01B, C]: 2  a. Complaints alleging corruption, untruthfulness, violation of civil rights, sexual harassment, and incidents of excessive use of force; b. Matters that require confidential investigation; c. Time-consuming investigations that would be impractical to assign within the bureau or command; d. Incidents involving persons from more than one bureau or command; e. Complaints alleging violations or nonconformance to laws; f. Incidents involving escape or death of persons in custody; or g. Any administrative investigations at the direction of the Sheriff. 2. The following are considered minor complaints of misconduct and may be assigned by the Professional Standards Inspector to either a Professional Standards investigator, the subject member’s supervisor, or another supervisor as determined by the district- or division-level chain-of-command after initial review by the Professional Standards Inspector: [CFA 20.01A] a. Minor violations of policies and procedures; b. Allegations of rudeness to citizens; c. Insubordination; or d. Tardiness or dilatory (slow to act, procrastination) behavior. 3. Complaints involving an allegation of criminal misconduct will be referred to the Investigations and Criminal Intelligence Bureau Commander for assignment and investigation. The Investigations and Criminal Intelligence Bureau is the only division authorized to conduct criminal investigations involving members of the Pasco Sheriff’s Office. The Professional Standards Unit is the only unit authorized to conduct administrative investigations relating to criminal allegations. B. Members will be notified if they are the subject of an administrative investigation as outlined below. The assigned investigator will provide the member a written statement of the allegations and information concerning the member’s rights and responsibilities relative to the investigation. When confidentiality is necessary because of the sensitivity of the investigation, the member will not be notified until immediately before the initial interview. [CFA 20.02] C. Members under investigation are required to answer all questions related to the performance of their duties. Failure to answer such questions may result in disciplinary action, including dismissal. However, information obtained through compelled statements may not be used in future criminal prosecutions, unless the member violates Florida Statute 3  837.012 Perjury. D. The member’s immediate family will not be required to give statements in administrative investigations, but may volunteer such statements. E. Members will not be compelled to submit to a device measuring truth responses during questioning. However, the member may request such a test voluntarily but the agency is not required to grant the request or use the test results in the investigation. III. COMPLAINT RECEIPT AND DOCUMENTATION: The Sheriff’s Office is required to investigate and resolve all complaints of certified and civilian member misconduct, whether internally or externally generated. [CFA 2.06] A. External/Citizen Complaints against a Certified or Civilian Member: 1. Complaints made by citizens are sometimes based on misunderstandings of law or procedure rather than on member misconduct. When this occurs, the member receiving the complaint (receiving member) will attempt to clarify the applicable law or procedure, and make it understandable to the citizen. Formal written documentation is not necessary if the complaint is based on a misunderstanding, and is resolved to the complainant’s satisfaction; however, the receiving member must notify the Professional Standards Inspector via email of such complaints and the resolution. 2. If a citizen complaint of misconduct is not based on a misunderstanding of law or procedure, the receiving member will forward the citizen complaint to the Professional Standards Unit Inspector. If the citizen complaint involves allegations of criminal misconduct, the receiving member will immediately notify the Professional Standards Inspector and the member’s chain-of-command, and the Bureau Commander will immediately notify the Investigations and Criminal Intelligence Bureau Commander. Members should avoid investigative actions or interviews that might jeopardize a subsequent criminal investigation. a. Citizens alleging member misconduct will be encouraged by the receiving member to complete and sign a Statement of Complaint form [PSO 10092]. The receiving member shall forward the Statement of Complaint to the Professional Standards Inspector. If the citizen complainant declines to complete a Statement of Complaint, the receiving member shall notify the Professional Standards Inspector of the complaint via email or telephone. b. When a citizen alleges member misconduct, but does not wish to file a formal complaint or become further involved with the investigative process, the receiving member will attempt to have the citizen sign an Informal Resolution of Complaint Form [PSO 10096]. The signing of this form does not automatically end the investigative portion of the process. It merely documents the citizen’s choice to not pursue a formal complaint. If completed, the receiving member shall forward the Informal Resolution of Complaint Form to the Professional Standards Inspector for a determination whether further action is necessary. 4  3. If the Professional Standards Inspector determines after initial inquiry the citizen complaint is unfounded, the matter will be closed and a letter will be sent to the complainant. 4. If the Professional Standards Inspector determines after initial inquiry the citizen complaint is valid, the complaint will be investigated and resolved pursuant to this policy as outlined herein. If the complainant declines to complete a Statement of Complaint form, or completes an Informal Resolution of Complaint Form, the Professional Standards Inspector or designee as directed shall complete a Statement of Complaint and Complaint Investigative Report (CIR) [PSO 10094] to initiate the investigation. [CFA 7.03] A separate CIR shall be completed for each alleged policy violation and/or each subject member if more than one member is involved. a. The complainant will receive a status report of the investigation’s progress within forty-five days from the date the complaint is received. b. The complainant will be notified in writing of the disposition of the complaint upon conclusion of the investigation. The notification will be documented and maintained in the investigative file. [CFA 20.04] B. Internal Complaints against a Certified or Civilian Member: 1. When a supervisor or agency member is the complainant, the supervisor or member shall complete a Statement of Complaint and a CIR detailing the allegation. A separate CIR shall be completed for each alleged policy violation and/or each subject member if more than one member is involved. These forms shall be forwarded to the Professional Standards Inspector and will be made part of the investigative packet. [CFA 7.03] If the complaint involves allegations of criminal misconduct, the supervisor or member will immediately notify the Professional Standards Inspector and the member’s chain-of-command, and the Bureau Commander will immediately notify the Investigations and Criminal Intelligence Bureau Commander. Members should avoid investigative actions or interviews that might jeopardize a subsequent criminal investigation. 2. If the Professional Standards Inspector determines after initial inquiry the complaint is unfounded, the matter will be closed. 3. If the Professional Standards Inspector determines after initial inquiry the supervisor or member complaint is valid, the complaint will be investigated and resolved pursuant to this policy as outlined herein. If the complainant declines to complete a Statement of Complaint form, the Professional Standards Inspector or designee as directed shall complete a Statement of Complaint a CIR to initiate the investigation. IV. AUTHORITY TO RELIEVE FROM DUTY: A. The Sheriff, or his designee, may relieve any member of duty and place them on Administrative Leave, with or without pay, in accordance with this policy and General Order 22.2, Benefits and Leave. As soon as practical, the Human Resources Director will be notified and written notice will be provided to the member. If access to the Driver and Vehicle Information Database (DAVID), Comprehensive Case Information System (CCIS), 5 or Criminal Justice information (CJI) systems will be restricted, the member’s Bureau Commander or designee will immediately notify the Criminal Process supervisor and the Compliance Administrator of the member’s status. [CFA 2.07, 7.03] B. An immediate supervisor may relieve a member of official duties and place the member on administrative leave with pay under the following circumstances [CFA 2.07, 7.03]: 1. Following insubordinate or other improper conduct, which adversely affects the operation of the Sheriff’s Office; or 2. When an allegation of misconduct is raised and it is in the best interest of the agency and/or public; or 3. When a member’s ability to perform the functions of his or her position are in question. C. A supervisor who relieves a member of duty will notify his or her chain of command as soon as possible. D. Members relieved of official duties may be: 1. Placed on administrative assignment; 2. Placed on administrative leave with pay; or 3. Placed on administrative leave without pay. E. Members placed on administrative assignment will surrender any assigned vehicle, but will receive full pay and benefits and not lose any vested rights. F. Members placed on administrative leave with pay may be required to surrender their firearm(s), agency credentials (badge/commission card), keys, access cards, vehicle, and/or other agency property, and may have restricted access to DAVID, CCIS, and CJI systems. Vehicles will be immediately inventoried by the supervisor serving the administrative leave with pay paperwork or the member’s supervisor upon collection. A vehicle inventory conducted pursuant to this section shall be recorded on body worn camera. If the member performing the vehicle inventory is not issued a BWC, the member shall contact a patrol shift commander for assistance in assigning a member with a BWC to record the vehicle inventory. Any personal items of a member found during the inventory will be photographed in place, documented, and returned to the member. Any other items found which may be in violation of policy (e.g. evidence, paperwork, contraband, needles), will be photographed, documented, and referred to Professional Standards. The vehicle will be appropriately prepared and stored in a way to reduce damage or deterioration. When placed on administrative leave with pay, the member’s schedule will be 0800 – 1700 hours Monday through Friday, and the member is expected to be available for immediate recall during those hours. 6  G. Members placed on administrative leave without pay will be required to surrender their firearm(s), agency credentials (badge/commission card), keys, access cards, vehicle, and/or other agency property, and may have restricted access to DAVID, CCIS, and CJI systems. Vehicles will be immediately inventoried by the supervisor serving the administrative leave without pay paperwork or the member’s supervisor upon collection. A vehicle inventory conducted pursuant to this section shall be recorded on body worn camera. Any personal items of a member found during the inventory will be photographed in place, documented, and returned to the member. Any other items found which may be in violation of policy (e.g. evidence, paperwork, contraband, needles), will be photographed, documented, and referred to Professional Standards. The vehicle will be appropriately prepared and stored in a way to reduce damage or deterioration. H. Members will not wear the official uniform, or other articles of clothing that identifies the person as a member of the Sheriff’s Office, while under disciplinary suspension or while on administrative leave. Exceptions to this provision must be approved by the Sheriff. V. ADMINISTRATIVE INVESTIGATIONS OF CIVILIAN MEMBERS: A. Civilian members are not covered under the Officer Bill of Rights as described in F.S. 112.532. However, all civilian members will be afforded the rights of Due Process as described in the 14th Amendment of the United States Constitution. B. The assigned investigator of an administrative misconduct complaint about a civilian member will conduct a fair and thorough inquiry/investigation to determine if the complaint is valid. The assigned investigator will complete, and the subject member will acknowledge, a Civilian Notice of Investigation [PSO 10093C]. This notice should be given to the civilian subject member prior to the investigative interview. The assigned investigator may interview the civilian subject member at any time during the inquiry/investigation. An assigned investigator shall not conduct an inquiry or investigation of misconduct allegations when he or she is a witness to the alleged misconduct, and shall inform the Professional Standards Inspector of such for assignment to an uninvolved member. C. When the assigned investigator’s investigation reveals that the complaint is unfounded, unsubstantiated, exonerated, or exonerated due to lack of policy, the assigned investigator will document their investigative efforts and reasoning behind their finding on a Professional Standards Memorandum and attach all supporting documentation. The assigned investigators shall forward the investigative file to the subject member’s Bureau Commander for review. 1. If the Bureau Commander agrees with the assigned investigator’s recommended conclusion to unfound, unsubstantiate, exonerate, or exonerate due to lack of policy, the Bureau Commander shall indicate such on the CIR and forward to the Professional Standards Inspector for review with the Undersheriff of Administrative Operations or designee. 2. If the Bureau Commander disagrees with the assigned investigator’s recommended conclusion to unfound, unsubstantiate, exonerate, or exonerate due to lack of policy, the Bureau Commander shall indicate such on the CIR and forward to the Professional 7  Standards Inspector for review with the Undersheriff of Administrative Operations or designee. D. When the assigned investigator’s investigation reveals the allegation will likely result in a sustained finding, the assigned investigator shall proceed as follows: 1. For administrative investigations completed by a Professional Standards investigator, the investigative file will be provided to the Professional Standards Inspector. a. The Professional Standards Inspector shall forward the completed investigative file to the subject member’s Bureau Commander for review. b. The Bureau Commander shall review the investigative file and complete the Bureau Commander Review section on the CIR. i. If corrective action or informal disciplinary action is recommended, the Bureau Commander shall indicate such on the CIR and return the investigative file to the Professional Standards Inspector. The Professional Standards Inspector shall forward the investigative file to the Undersheriff of Administrative Operations or designee for review. If the Undersheriff concurs with the Bureau Commander’s recommendation, the investigative file will be returned to the Bureau Commander for final disposition. The Bureau Commander shall notify the subject member in writing the agency intends to take corrective or informal disciplinary action against the member and advise the member of their right to request a Bureau Commander conference, as outlined herein. If the Undersheriff disagrees with the Bureau Commander’s recommendation, further direction will be provided for disposition of the investigation. ii. If formal disciplinary action is recommended, the Bureau Commander shall indicate such on the CIR and return the investigative file to the Professional Standards Inspector. The Professional Standards Inspector shall forward the investigative file to the Undersheriff of Administrative Operations or designee for review and further action if necessary. If the Undersheriff concurs with the Bureau Commander’s recommendation, the Bureau Commander shall notify the subject member in writing the agency intends to take formal disciplinary action against the member and advise the member of their right to request a Pre-disciplinary Hearing as outlined herein. After the time period to request a Pre-disciplinary Hearing has passed or a Pre-disciplinary Hearing is held, the Bureau Commander will schedule an administrative investigation roundtable meeting. If the Undersheriff disagrees with the Bureau Commander’s recommendation, further direction will be provided for disposition of the investigation. 2. For administrative investigations completed by an assigned investigator other than a Professional Standards investigator: a. The assigned investigator will complete the CIR and supporting documentation, notating a preliminary finding and recommended discipline on the CIR. 8  b. The completed administrative investigation file will be forwarded to the subject member’s Bureau Commander via the subject member’s chain-of-command. Each member in the chain-of-command shall complete the Chain of Command Review section on the CIR and indicate whether they concur or disagree with the assigned investigator’s preliminary findings. If a reviewing member disagrees with the recommendation, they must attach a Professional Standards Memorandum detailing the reason(s) for their disagreement and their recommendation. c. The Bureau Commander shall review the investigative file and complete the Bureau Commander Review section on the CIR. i. If corrective action or informal disciplinary action is recommended, the Bureau Commander shall indicate such on the CIR and return the investigative file to the Professional Standards Inspector. The Professional Standards Inspector shall forward the investigative file to the Undersheriff of Administrative Operations or designee for review. If the Undersheriff concurs with the Bureau Commander’s recommendation, the investigative file will be returned to the Bureau Commander who shall notify the subject member of their right to request a Bureau Commander conference, and for final disposition. If the Undersheriff disagrees with the Bureau Commander’s recommendation, further direction will be provided for disposition of the investigation. ii. If formal disciplinary action is recommended, the Bureau Commander shall indicate such on the CIR and return the investigative file to the Professional Standards Inspector. The Professional Standards Inspector shall forward the investigative file to the Undersheriff of Administrative Operations or designee for review and further action if necessary. If the Undersheriff concurs with the Bureau Commander’s recommendation, the Bureau Commander shall notify the subject member of their right to request a Pre-disciplinary Hearing, and the matter will be scheduled for an administrative investigation roundtable meeting. If the Undersheriff disagrees with the Bureau Commander’s recommendation, further direction will be provided for disposition of the investigation. VI. ADMINISTRATIVE INVESTIGATIONS OF CERTIFIED MEMBERS: [CFA 7.02] A. Initial Inquiry. As determined by the Professional Standards Inspector, the assigned investigator should conduct an initial inquiry to determine if there are facts and circumstances which support the validity of the complaint. An assigned investigator may interview witnesses and should review all available information related to the allegation against the certified subject member. If appropriate, the assigned investigator may speak with the subject member about the allegation. However, the assigned investigator should proceed cautiously when interviewing a subject member if there is a possibility that the allegation against them, if sustained, could result in informal or formal discipline. If an assigned investigator is a witness to the allegations giving rise to a complaint, he or she shall not conduct an initial inquiry regarding be the complaint allegations and shall notify the Professional Standards Inspector for assignment to an uninvolved member. All the principles outlined in F.S. 112.532-534 (Officer Bill of Rights) should be considered when an assigned investigator receives and addresses a complaint against a certified member. 9  1. Prior to commencement of a formal investigation, the assigned investigator may direct a subject member to submit a written memorandum providing a response or explanation of an incident or allegation in lieu of an interview, or before an investigative interview, for purposes of preliminary fact-finding. However, the memorandum should not be interrogatory (see definition in glossary for clarification). 2. When the assigned investigator’s initial inquiry reveals that the complaint is unfounded, unsubstantiated, exonerated, or exonerated due to lack of policy, the assigned investigator will document their inquiry efforts and reasoning behind their finding on a Professional Standards Memorandum and attach all supporting documentation. If the assigned investigator is a Professional Standards investigator, he or she shall forward the investigative file to the Professional Standards Inspector for review and final determination. All other assigned investigators shall forward the inquiry documents to their Bureau Commander for review. a. If the Bureau Commander agrees with the assigned investigator’s recommended conclusion to unfound, unsubstantiate, exonerate, or exonerate due to lack of policy, the Bureau Commander shall indicate such on the CIR and forward to the Professional Standards Inspector for review with the Undersheriff of Administrative Operations or designee. b. If the Bureau Commander disagrees with the assigned investigator’s recommended conclusion to unfound, unsubstantiate, exonerate, or exonerate due to lack of policy, the Bureau Commander shall indicate such on the CIR and forward to the Professional Standards Inspector for review with the Undersheriff of Administrative Operations or designee. B. Formal Administrative Investigation. When the initial inquiry reveals the allegation needs further investigation and/or may result in corrective or disciplinary action if sustained, the assigned investigator will initiate and conduct a formal administrative investigation. All the principles of the Officer Bill of Rights, as outlined in F.S. 112.532, will be followed when investigating an allegation/complaint that if sustained, may result in any form of disciplinary action as defined by the Officer Bill of Rights. If a certified member waives his or her rights under the Officer Bill of Rights, all waivers must be in writing. Whenever a certified member is under investigation and subject to interrogation by members of his or her agency for any reason that could lead to disciplinary action consisting of dismissal, demotion, transfer, reassignment, or other personnel action that might result in a loss of pay or benefits or that might otherwise be considered a punitive measure, the interview will be conducted under the following conditions: 1. The assigned investigator will complete, and the subject member will acknowledge, a Notice of Investigation [PSO 10093]. This notice must be given to the certified subject member prior to the investigative interview. The assigned investigator shall provide to the subject member a copy of the Officer Bill of Rights and applicable General Orders, and the assigned investigator shall have the subject member acknowledge receipt on the Notice of Investigation form. 10 2. The interrogation shall be conducted at a reasonable hour, preferably at a time when the subject member is on duty, unless the seriousness of the allegation warrants immediate action. 3. The interrogation shall take place either at the office of the command of the assigned investigator, or at the district office, police unit, or detention unit in which the incident allegedly occurred. 4. The assigned investigator will notify the subject member under investigation of the nature of the complaint and identify all complainants before commencing the interview. All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the interview of the accused certified member. All witness statements shall be memorialized via an audio recording, written statement, or Professional Standards Memorandum. If an assigned investigator conducts a witness interview and it is recorded on body-worn camera (BWC), the assigned investigator shall state the interview is being recorded. If the witness refuses to be recorded on BWC or other recording device, the BWC or recording device should be turned off and the assigned investigator must document the interview in writing on a Professional Standards Memorandum. 5. The complaint, all witness statements, including all other existing subject member statements, and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recordings relating to the incident under investigation, must be provided to the member who is the subject of the complaint before the beginning of any investigative interview of that certified subject member. A certified subject member, after being informed of the right to review witness statements, may voluntarily waive the provisions of this paragraph and provide a voluntary statement at any time. 6. During any investigative interrogation, all questions directed to the subject member will be asked by or through one interrogator, unless specifically waived by the subject member under investigation. 7. Subject members may have a representative present during any interview relating to charges that, if sustained, will result in discipline. A representative may advise and counsel the subject member, but may not participate in the interview. 8. The subject member may review the complaint and all statements, regardless of form, made by the complainant and witnesses immediately prior to the beginning of the investigative interview. If a witness to a complaint is incarcerated and may be under the supervision of, or have contact with, the subject member, only the names and written statements of the complainant and non-incarcerated witnesses may be reviewed by the member under investigation. 9. Interviews with subject members will be audio recorded. The assigned investigator will begin the interview with the introductory statement on the reverse side of the Notice of Investigation Form. The interview, including all recess periods, will be recorded. There will be no unrecorded questions or statements during the interview. Upon the request of 11  the subject member, a copy of any recorded interview will be made available to the subject member within 72 hours, excluding holidays and weekends. 10. Subject members are required to answer all questions related to the performance of their duties. Failure to answer questions related to the performance of duties may result in disciplinary action, including dismissal. However, no information obtained through the compelled statement may be used in any future criminal prosecution, unless the member violates FS 837.012, Perjury. Questions should be specific and narrowly related to the subject member’s duties. If a subject member refuses to answer, the matter should be referred to the Professional Standards Inspector. 11. Subject members will not be subjected to offensive language, or threatened with transfer, dismissal, or disciplinary action. 12. Sheriff’s Office members may be required to submit to tests and other investigative methods. The member may also request any of the tests listed below be administered at the member’s expense. These tests will be coordinated through the Professional Standards Inspector. A request for a voluntary test listed below must be submitted in writing to the investigator assigned to the case and approved prior to the member submitting to such a test. [CFA 20.03A] 13. Members may be required to submit to: a. Lineups [CFA 20.03C]; b. Photographs [CFA 20.03B]; c. Medical or laboratory examinations, including blood, urine, and breath tests [CFA 20.03A]; d. Voice prints (other than deception tests); e. Handwriting exemplars; g. Financial disclosure statements [CFA 20.03D]; and, h. Other tests or examinations, when there is reasonable suspicion to believe the results will disclose an administrative violation. i. Members will not be compelled to submit to a device measuring truth responses during questions. However, the member may request such a test voluntarily. A request for a voluntary test must be submitted in writing to the investigator assigned to the case and approved prior to the member submitting to such a test. The agency does not have to grant the request or use the results in the investigation. [CFA 20.03E] 14. Sheriff’s Office or county-owned property may be searched at any time under conditions permitted by law. 12  15. Personal property in any Sheriff’s Office facility or vehicle may be searched, subject to the limitations of the Fourth Amendment, U.S. Constitution. 16. Sheriff’s Office communications equipment may be monitored at any time under conditions permitted by law. Other communications or conversations may also be monitored under conditions permitted by law. 17. Assigned investigators who are non-Professional Standards investigators are encouraged to contact the Professional Standards Inspector for investigative advice and techniques, and interpretations of applicable statutes, rules, and regulations. [CFA 7.03] C. Administrative Investigation Findings. 1. When the assigned investigator’s investigation reveals that the complaint is unfounded, unsubstantiated, exonerated, or exonerated due to lack of policy, the assigned investigator will document their investigative efforts and reasoning behind their finding on a Professional Standards Memorandum and attach all supporting documentation. The assigned investigators shall forward the investigative file to the subject member’s Bureau Commander for review. a. If the Bureau Commander agrees with the assigned investigator’s recommended conclusion to unfound, unsubstantiate, exonerate, or exonerate due to lack of policy, the Bureau Commander shall indicate such on the CIR and forward to the Professional Standards Inspector for review with the Undersheriff of Administrative Operations or designee. b. If the Bureau Commander disagrees with the assigned investigator’s recommended conclusion to unfound, unsubstantiate, exonerate, or exonerate due to lack of policy, the Bureau Commander shall indicate such on the CIR and forward to the Professional Standards Inspector for review with the Undersheriff of Administrative Operations or designee. 2. When the assigned investigator’s investigation reveals the allegation will likely result in a sustained finding, the assigned investigator shall proceed as follows: a. For administrative investigations completed by a Professional Standards investigator, the investigative file will be provided to the Professional Standards Inspector who shall provide further direction with regard to conducting the administrative investigation. i. The Professional Standards Inspector shall forward the completed investigative file to the subject member’s Bureau Commander for review. ii. The Bureau Commander shall review the investigative file and complete the Bureau Commander Review section on the CIR. (a) If corrective action or informal disciplinary action is recommended, the Bureau Commander shall indicate such on the CIR and return the investigative file to the Professional Standards Inspector. The Professional Standards Inspector shall forward the investigative file to the Undersheriff of Administrative Operations or 13  designee for review. If the Undersheriff concurs with the Bureau Commander’s recommendation, the investigative file will be returned to the Bureau Commander for final disposition. The Bureau Commander shall notify the subject member in writing the agency intends to take corrective or informal disciplinary action against the member and advise the member of their right to request a Bureau Commander conference, as outlined herein. If the Undersheriff disagrees with the Bureau Commander’s recommendation, further direction will be provided for disposition of the investigation. (b) If formal disciplinary action is recommended, the Bureau Commander shall indicate such on the CIR and return the investigative file to the Professional Standards Inspector. The Professional Standards Inspector shall forward the investigative file to the Undersheriff of Administrative Operations or designee for review and further action if necessary. If the Undersheriff concurs with the Bureau Commander’s recommendation, the Bureau Commander shall notify the subject member in writing the agency intends to take formal disciplinary action against the member and advise the member of their right to request a Pre-disciplinary Hearing as outlined herein. After the time period to request a Pre-disciplinary Hearing has passed or a Pre-disciplinary Hearing is held, the Bureau Commander will schedule an administrative investigation roundtable meeting. If the Undersheriff disagrees with the Bureau Commander’s recommendation, further direction will be provided for disposition of the investigation. b. For administrative investigations completed by an assigned investigator other than a Professional Standards investigator: i. The assigned investigator will complete the CIR and supporting documentation, notating a preliminary finding and recommended discipline on the CIR. ii. The completed administrative investigation file will be forwarded to the subject member’s Bureau Commander via the subject member’s chain-of-command. Each member in the chain-of-command shall complete the Chain of Command Review section on the CIR and indicate whether they concur or disagree with the assigned investigator’s preliminary findings. If a reviewing member disagrees with the recommendation, they must attach a Professional Standards Memorandum detailing the reason(s) for their disagreement and their recommendation. iii. The Bureau Commander shall review the investigative file and complete the Bureau Commander Review section on the CIR. (a) If corrective action or informal disciplinary action is recommended, the Bureau Commander shall indicate such on the CIR and return the investigative file to the Professional Standards Inspector. The Professional Standards Inspector shall forward the investigative file to the Undersheriff of Administrative Operations or designee for review. If the Undersheriff concurs with the Bureau Commander’s recommendation, the investigative file will be returned to the Bureau Commander for final disposition. The Bureau Commander shall notify the subject member in writing the agency intends to take corrective or informal disciplinary action against 14  the member and advise the member of their right to request a Bureau Commander conference, as outlined herein. If the Undersheriff disagrees with the Bureau Commander’s recommendation, further direction will be provided for disposition of the investigation. (b) If formal disciplinary action is recommended, the Bureau Commander shall indicate such on the CIR and return the investigative file to the Professional Standards Inspector. The Professional Standards Inspector shall forward the investigative file to the Undersheriff of Administrative Operations or designee for review and further action if necessary. If the Undersheriff concurs with the Bureau Commander’s recommendation, the Bureau Commander shall notify the subject member in writing the agency intends to take formal disciplinary action against the member and advise the member of their right to request a Pre-disciplinary Hearing as outlined herein. After the time period to request a Pre-disciplinary Hearing has passed or a Pre-disciplinary Hearing is held, the Bureau Commander will schedule an administrative investigation roundtable meeting. If the Undersheriff disagrees with the Bureau Commander’s recommendation, further direction will be provided for disposition of the investigation. D. When corrective/disciplinary action is contemplated, the assigned investigator should obtain from the Professional Standards Unit the following: [CFA 7.03] 1. Summary of the subject member’s complaints, investigations, disciplinary/corrective action history. 2. Past corrective/disciplinary parameters for similar incidents. [CFA 7.03] E. Assigned investigators, reviewing supervisors, and/or Bureau Commanders may seek advice from the Sheriff’s General Counsel or designee for: [CFA 7.03] 1. Legal sufficiency and defense. 2. Applicability of rules, regulations, policies, procedures, and law as to the facts. VII. BUREAU COMMANDER CONFERENCES AND PRE-DISCIPLINARY HEARINGS: A. Bureau Commander Conference: Prior to a final determination in cases that may result in informal discipline of a suspension of two (2) days or less or demotion of one rank, the Bureau Commander will provide written notice of intent to proceed with information disciplinary action and the proposed action sought, and the member’s right to request a Bureau Commander conference, at which the member will be afforded the opportunity appear in person before the applicable Bureau Commander. This is not an appeal process to challenge the appropriateness of sustained allegations. The member will be provided the opportunity to address the findings in the report and may introduce additional evidence or offer mitigating circumstances on their behalf, before disciplinary action is imposed. This section does not apply to loss of take-home vehicle sanctions imposed in accordance with General Order 61.7.1 (Traffic Crash Review Board) or 15  suspension from extra duty assignments imposed in accordance with 22.6 (Extra Duty and Off Duty Employment). 1. Members may submit a written statement in lieu of a personal appearance with the Bureau Commander. 2. The Bureau Commander will review all documentation provided and make a final recommended determination, and submit to their applicable Undersheriff for consideration. 3. Members who indicate their choice for a conference and do not appear will not be penalized. B. Pre-disciplinary Hearing: Prior to a final determination in cases that may result in formal discipline of a suspension of three (3) days or more, demotion of more than one rank, or dismissal, the bureau commander will provide the member with written notice of the intent to proceed with formal disciplinary action and the proposed action sought, and the member’s right to request a pre-disciplinary hearing (PDH), at which the member will be afforded the opportunity to appear in person before the applicable Bureau Commander or designee, the Human Resources Director or designee, and the General Counsel or designee. This is not an appeal process to challenge the appropriateness of sustained allegations. The member will be provided the opportunity to address the findings in the report and may introduce additional evidence or offer mitigating circumstances on their behalf, before disciplinary action is imposed. This section does not apply to loss of take- home vehicle sanctions imposed in accordance with General Order 61.7.1 (Traffic Crash Review Board) or suspension from extra duty assignments imposed in accordance with 22.6 (Extra Duty and Off Duty Employment). 1. Members may submit a written statement in lieu of a personal appearance at a hearing. This statement will be included in the file. 2. Members may have a representative present to advise and counsel them during the hearing, or to make a statement on the member’s behalf. 3. Members who indicate their choice for a hearing and do not appear will not be penalized. 4. All pre-disciplinary hearings will be audio recorded. There will be no unrecorded questions or statements during the hearings. Upon the request of the subject member, a copy of any recorded hearing will be made available to the member within 72 hours, excluding holidays and weekends. 5. The Bureau Commander will review all documentation provided and make a final recommended determination, and submit to their applicable Undersheriff for consideration. VIII. ADMINISTRATIVE INVESTIGATIVE CONCLUSIONS: A. If the final determination is unfounded, unsubstantiated, exonerated, exonerated due to lack of policy, the member’s Bureau Commander will issue a letter to the member advising of such, and the file will be forwarded to the Professional Standards Unit for filing within 15 days. [CFA 20.04] Extensions may be granted by the Sheriff. [CFA 7.03] The member will sign the 16  original letter to acknowledge receipt and will retain the original letter, and a copy will be placed in the investigative file. [CFA 7.02, 7.03] B. If the final determination is a sustained finding and corrective action is given, the member’s Bureau Commander will issue the letter to the member and administer the corrective action, and the file will be forwarded to the Professional Standards Unit for filing within 15 days. [CFA 20.04] Extensions may be granted by the Sheriff. [CFA 7.03] The member will sign the original letter to acknowledge receipt and will retain the original letter, and a copy will be placed in the investigative file. [CFA 7.02. 7.03] C. If the final determination is a sustained finding and informal discipline, the member’s Bureau Commander will issue the letter to the member and administer the informal discipline, and the file will be forwarded to the Professional Standards Unit for filing within 15 days. [CFA 20.04] Extensions may be granted by the Sheriff. [CFA 7.03] The member will sign the original letter to acknowledge receipt and will retain the original letter, and a copy will be placed in the investigative file. [CFA 7.02. 7.03] D. If the final determination is a sustained finding and formal discipline, the member’s Bureau Commander will issue the letter to the member and administer the formal discipline, and the file will be forwarded to the Professional Standards Unit for filing within 15 days. [CFA 20.04] Extensions may be granted by the Sheriff. [CFA 7.03] The member will sign the original letter to acknowledge receipt and will retain the original letter, and a copy will be placed in the investigative file. [CFA 7.02. 7.03] E. If the member resigns prior to the completion of the investigation, the investigation will be completed to its logical conclusion and submitted for final determination as outlined above. The former member will be notified in writing of the investigation conclusion. IX. CORRECTIVE AND DISCIPLINARY ACTION: The agency’s system for member accountability is intended to be educational and corrective in nature in order to ensure fairness, consistency, and timeliness, and to prevent future misconduct. When appropriate, training-based corrective action will be the initial response to performance and/or behavior inadequacies of a minor nature. Consequences should reflect the totality of the circumstances, including mitigating and aggravating factors if applicable, to include the member’s past corrective/disciplinary action history, rather than relying solely on a single sustained complaint or incident. Training, education, and other forms of remediation should be considered as part of any disciplinary recommendation. Identical corrective/disciplinary action is not required in each member misconduct case, as there are a variety of factors which may lead to imposition of a more serious corrective/disciplinary action in one case than it does another. The nature of the misconduct and mitigating/aggravating factors shall determine the final corrective/disciplinary action outcome of each case. It is important to note there is a difference between the statutory Officer Bill of Rights definition of disciplinary action and corrective action/informal discipline/formal discipline as described in this General Order. Members should consult with the General Counsel, Professional Standards Inspector, or designee with any questions. A. Corrective Action. Corrective action may include the following: [CFA 7.02, 7.03] 1. Counseling: Counseling may be done through verbal, written, or other approved 17 agency methods. a. Counseling is a non-punitive component of the agency’s discipline system, and is intended to correct minor acts of member misconduct and/or work performance deficiencies through the use of positive suggestions for improvement. b. Counseling affords supervisors the opportunity to discuss improvement strategies with the member in relation to work performance deficiencies and/or minor acts of misconduct. c. Counseling may also serve as notice to the member of a possible administrative response to repeated acts of continued work performance deficiencies and/or continued acts of minor misconduct. d. Counseling may be imposed by itself, in combination with, or in place of another component of the agency’s discipline system. e. Counseling sessions will be conducted when a member’s response to coaching sessions are not sufficient, or when a complaint reveals acts of work performance deficiencies or minor misconduct. f. The member’s supervisor should identify and define the area(s) needing improvement, offer guidance to the member as to how improvement can be achieved, and ensure the member understands the agency’s expectations. g. The counseling session shall be documented in writing by the member’s supervisor or other member completing the counseling session. The written documentation shall be filed in the member’s investigation file and a copy provided to the member. 2. Letter of Reprimand: A letter of reprimand is intended to be non-punitive supplementary action designed to be used when counseling has not resulted in the expected improvement, or when a member commits a more serious violation where counseling is not appropriate. The letter of reprimand shall be documented in writing by the member’s supervisor or other member completing the letter of reprimand. The letter of reprimand shall be filed in the member’s investigation file and a copy provided to the member. Letters of reprimand may be given in association with other sanctions which include, but are not limited to, the following: a. Loss of “take home” car privileges (not imposed per General Order 61.7.1); b. Loss of “extra duty work” privileges (not imposed per General Order 22.6); c. Loss of “trainer,” or “instructor” status; d. Loss of assignment to specialty duties; e. Restitution or reimbursement for injury or damage; and/or 18  f. Reassignment. 3. Training: An alternative to traditional disciplinary action that consists of a plan that emphasizes education, training, and other creative development options specifically structured to remediate or eliminate deficiencies in behavior and/or performance of the member. Training is intended to be non-punitive supplementary action designed to improve a member’s productivity and effectiveness through the use of positive educational and instructional methods. a. Training includes, but is not limited to, the following: i. Individualized training programs obtained through the agency or external organizations, such as classroom instruction, seminars, conferences, webinars, scenario-based activities, leadership courses, etc. ii. Independent study that consists of research, presentations, community based activities, etc. iii. Coaching and/or mentoring. iv. Policy review. b. Training may be implemented on its own as a resolution to a misconduct investigation when appropriate, or may be combined with other disciplinary action when warranted to correct member misconduct and/or improve performance deficiencies. c. When training is an appropriate remedy, the member’s supervisor shall coordinate with the Training Unit to develop a specific training plan. B. Disciplinary Action. Disciplinary action may be formal or informal as defined in this directive, and includes suspension, demotion, or dismissal. [CFA 7.02, 7.03] 1. Informal Disciplinary Action: If the contemplated disciplinary action is suspension of two (2) or less days or demotion of one rank, prior to a final determination being made, the Bureau Commander will provide the member with written notice of the intent to proceed with informal disciplinary action and the proposed action sought, and the member’s right to request a Bureau Commander conference as detailed herein. 2. Formal Disciplinary Action: If the contemplated disciplinary action is suspension of three (3) or more days, demotion of more than one rank, or dismissal, prior to a final determination being made, the Bureau Commander will provide the member with written notice of the intent to proceed with formal disciplinary action and the proposed action sought, and the member’s right to request a pre-disciplinary hearing as detailed herein. 3. Mitigating and Aggravating Factors. 19  a. The following mitigating factors should be considered when determining discipline: i. The misconduct was not willful or deliberate. ii. The misconduct was not premeditated. iii. The misconduct did not result in serious injury, harm, or damage to property. iv. The misconduct involved minor negligence or recklessness. v. The member had a secondary and/or minor role in the misconduct. vi. Based upon length of service, experience, policy directives, and the inherent nature of the act, the member may not have reasonably understood the consequences of their actions. vii. Commendations received by the member. viii. The member was forthright and truthful during the investigation. ix. The member accepts responsibility for their actions. x. The member is remorseful. xi. The member self-reported the violation or the harm caused and/or independently initiated steps to mitigate the harm caused in a timely manner. b. The following aggravating factors should be considered when determining discipline: i. The misconduct was willful and deliberate. ii. The misconduct involved gross negligence or recklessness. iii. The misconduct was premeditated. iv. The member had primary and/or a leadership role in the misconduct. v. Based upon length of service, experience, policy directives, and the inherent nature of the act, the member knew or should have known that his/her actions were inappropriate. vi. The misconduct was committed with malicious intent or for personal gain. vii. The misconduct resulted in serious injury, harm, and/or property damage. 20  viii. Multiple sustained findings resulted from one incident. ix. Significant threat posed to the integrity of the agency. X. FINDINGS AND DISPOSITION: A. For certified members, in accordance with the Officer Bill of Rights as outlined in Chapter 112, Florida Statutes, if the agency determines that disciplinary action is appropriate, it shall complete its investigation and give notice in writing to the certified subject member of its intent to proceed with disciplinary action, along with a proposal of the specific action sought, including the length of suspension, if applicable. Notice to the certified subject member must be provided within 180 days after the date the appropriate agency member authorized to investigate complaints of misconduct received notice of the alleged misconduct, if required by law, unless an exception noted in F.S. 112.532 is applicable. [CFA 7.02] B. For civilian members, if the agency determines that disciplinary action is appropriate, it shall complete its investigation and give notice in writing to the civilian subject member of its intent to proceed with disciplinary action, along with a proposal of the specific action sought, including the length of suspension, if applicable, within a reasonable time period. All efforts will be made to conclude the investigation and provide written notice within 180 days; however, specific circumstances of an investigation may warrant a longer time period. C. For all members, the applicable Bureau Commander will prepare and sign letters of final determination, except notifications of dismissal, which are signed by the Sheriff. A notification of dismissal will contain the following [CFA 7.04 A,B,C]: 1. A statement documenting the reason for the dismissal; 2. An effective date of the dismissal; 3. A statement outlining the employee’s rights; and 4. A statement stating that copies of supporting documentation relating to the dismissal are available from Professional Standards. D. Suspension. 1. A member may be placed on disciplinary suspension without pay for a prescribed period of time for the following reasons: a. When a member’s misconduct or work performance issues continue following the prior implementation of corrective or disciplinary action; b. When the violation is serious in nature; c. At the conclusion and final disposition of the administrative investigation as determined by the Sheriff. 21  2. Suspended members will surrender their badge, identification card, agency vehicle, firearm, and all other agency-issued equipment as requested by the member’s Bureau Commander or designee. 3. Suspended members are prohibited from acting in an official capacity as an agency member. 4. Suspended members are prohibited from accessing any non-public areas of the agency, all law enforcement systems and databases utilized by the agency, and the use of any agency-issued equipment during the suspension period. 5. Certified suspended members are subject to the following conditions: a. Members are prohibited from working any extra-duty details. b. During the period of suspension, all licensing and penal provisions of F.S. Chapter 790 are applicable. 6. Regardless of shift assignment, each day of an unpaid suspension is equivalent to eight (8) hours for non-certified and exempt members, and eight and one-half (8.5) hours for certified members. 7. All suspensions shall be served consecutively and shall not be split among or between shifts, workweeks, or pay periods. 8. For suspensions over five (5) days, a member must serve the first five (5) days of the suspension unpaid, but may request to substitute vacation leave in lieu of an unpaid suspension for any days beyond the first five (5) suspension days. Such requests shall be made in writing by the member via their chain-of-command, and will be granted at the discretion of the applicable Undersheriff. E. Demotion. A reduction in rank may be imposed as a result of serious misconduct, or when the member demonstrates an inability or unwillingness to function at a satisfactory level in their rank or position. Demotion may stand alone as disciplinary action, or may be imposed in conjunction with a suspension and/or transfer to meet the needs of the agency, or other corrective/disciplinary action. Members may also volunteer or consent to a demotion. F. Termination. Termination is a complete and final separation from the agency. 1. A termination may be imposed for, but is not limited to, the following reasons: a. Previous disciplinary action(s) has/have not corrected the member’s unacceptable conduct or work performance issues; b. Circumstances where the severity of the misconduct has rendered the member immediately unsuitable for further employment; 22  c. Circumstances where it is anticipated and demonstrated that disciplinary action less serious than termination will not correct the member’s conduct or work performance deficiencies; or d. The Sheriff has determined the member is not capable of satisfactorily performing the tasks required of them. 2. When a member is terminated from employment as a result of a misconduct investigation, Human Resources will mail a letter informing the former member of his or her fringe and retirement benefits after dismissal. A copy will be placed in the member’s personnel file. G. All documentation and completed case files, including letters of final determination, will be forwarded to the Professional Standards Unit for final processing and filing. Original audio and video recordings will be forwarded to the Professional Standards Unit to become part of the permanent file. H. The Internal Investigation Report form (CJSTC Form 78) should be completed any time an internal investigation of a certified member has been completed, and maintained within the original file. This form is utilized to report to the Commission any sustained allegation(s) of non-compliance with Section 943.13.(4) or (7), F.S., or Rule 11B-27.0011, F.A.C., moral character. The form shall be submitted within 45 days of the date the allegation has been sustained. The form must be submitted to the Criminal Justice Professional Program if the circumstances meet the following criteria: [CFA 20.01H]: 1. The certified member pleads guilty, no contest, is found guilty, or is convicted of any felony or of a misdemeanor involving perjury or a false statement, regardless of withheld adjudication or suspended sentence; 2. A plea of guilty or verdict of guilty for any of the enumerated misdemeanor violations or, the perpetration by an officer of an act that would constitute any felony offense or any of the enumerated misdemeanors. 3. The substantiated facts involve an act or conduct which constitutes: Excessive use of force Misuse of official position (Section 112.313(6), F.S.) Having an unprofessional relationship with an inmate, detainee, probationer or parolee, or community controlee; Sexual harassment involving physical contact or misuse of official position Engaging in sex while on duty False statements during the employment application process Violation of standards of test administration for the Basic Ability Test (BAT) or State Officer Certification Examination (SOCE) Conduct which subverts or attempts to subvert the Criminal Justice Standards and Training Commission, criminal justice training school, or employing agency examination process 23  Any overt, conspicuous, or public act of a sexual or simulated sexual nature which is likely to be observed by others Any willful and offensive exposure or exhibition of sexual organs in public or on the private premises of another or so near that it is likely to be seen, except in any place provided or set apart for that purpose Willful failure of the agency head to comply with Chapter 943 FS as it pertains to Commission rule Intentional abuse of a Temporary Employment Authorization Any willful and knowledgeable misuse of electronic databases used to access restricted information for an illegitimate or personal purpose with bad intent Testing positive for any controlled substance XI. REOPENING OF INVESTIGATION: A. An investigation against a certified member may be reopened, notwithstanding the limitations period for commencing disciplinary action, demotion, or dismissal if: 1. Significant new evidence has been discovered that is likely to affect the outcome of the investigation; or 2. The evidence could not have reasonably been discovered in the normal course of investigation or the evidence resulted from the pre-disciplinary response of the officer. B. Any disciplinary action resulting from an investigation that is reopened pursuant to this section must be completed within 90 days after the date the investigation is reopened. XII. NAME CLEARING: An individual who has been terminated will be granted the opportunity to provide a name clearing statement in person or in writing to refute or explain the reasons for the dismissal. A. The terminated member may request a meeting with the Bureau Commander or designee or the Human Resources Director. The request for a meeting must be made within 10 days of receipt of notification of termination. All name clearing statement meetings will be audio recorded. The recording will be made a part of the terminated member’s Professional Standards and personnel file. B. The terminated member may provide a written statement in lieu of a meeting. The written statement must be provided to the Human Resources Director within 10 days of receipt of notification of termination. The written statement will be made a part of the terminated member’s Professional Standards and personnel file. XIII. PROCESS OF APPEALS [CFA 7.06]: A. Corrective Action: Members may appeal corrective actions to the appropriate Bureau Commander. The member must submit a memorandum to the Bureau Commander detailing the reason for the appeal, within three workdays after receiving notification of final determination. The Bureau Commander will respond in writing within ten workdays, outlining their decision on 24  the appeal. A copy of the Bureau Commander’s decision, which is binding and final, will be forwarded to the Professional Standards Unit to become part of the permanent file. B. Informal Disciplinary Action: A member may appeal directly to the Undersheriff of Administrative Operations. The member must submit a memorandum to the Undersheriff of Administrative Operations detailing the reason for the appeal, within three workdays after receiving notification of final determination. The memorandum will be routed to the Undersheriff of Administrative Operations via the Professional Standards Unit Inspector, not through the member’s chain of command. 1. The Professional Standards Unit Inspector, or a designee, will deliver all documents to the Undersheriff of Administrative Operations or designee. 2. The Undersheriff of Administrative Operations or designee will respond in writing within ten workdays, outlining their decision on the appeal. A copy of the Undersheriff’s decision, which is binding and final, will be forwarded to the Professional Standards Unit to become part of the permanent file. C. Formal Disciplinary Action: Refer to the Pasco County Ordinance indexed as Career Service. XIV. CONFIDENTIALITY OF INVESTIGATIONS: No member who is a participant in an internal investigation will reveal information pertaining to the investigation before it becomes public record. A. Once an investigation is concluded, it is available for release pursuant to applicable statutory or other provisions. The law requires every person who has custody of public records to permit the records to be inspected and examined at a reasonable time, under reasonable conditions, and under the supervision of the custodian of records. Records containing confidential and/or exempt information will have only that portion deleted that cannot be released, and the remainder of such record must be produced for inspection or copying. (Members should refer to F.S. 119.07, 112.533, and the General Order indexed as Public Information for specific exemptions). B. Access to information will be provided by copying and certifying records rather than by providing the original. C. Questions regarding public records dissemination should be directed to the Sheriff’s Office General Counsel. [CFA 20.01G] XV. GLOSSARY: ADMINISTRATIVE INVESTIGATION - The detailed, systematic, objective, and impartial method of investigating complaints of inappropriate behavior to determine if a violation of Sheriff’s Office administrative rules, orders, directives, or procedures has been committed by a Sheriff’s Office member. 25 COMPLAINT OF MISCONDUCT - An accusation or charge accusing a member of the Sheriff’s Office of violating a policy, procedure, rule or regulation. This DOES NOT INCLUDE citizen complaints or grievances that result from a complainant’s misunderstanding or disagreement with the application of law or Sheriff’s Office policies or procedures. CORRECTIVE ACTION - Action intended to modify or improve behavior and elicit compliance with established policies and procedures, e.g., Counseling, Letter of Reprimand. COUNSELING - A documented discussion between a supervisor and subordinate in which the subordinate’s improper behavior and necessary improvements are brought to their attention. Generally, counseling is used after informal supervisor/subordinate communication has failed to produce the desired results. EXONERATED - A finding or conclusion the incident occurred (as described in the allegation), but the individual’s actions were lawful and proper. EXONERATED DUE TO POLICY FAILURE - A finding or conclusion that present policy, procedure, rules or regulations failed to address the issue in question. In all cases involving a finding of Exonerated Due to Policy Failure, the person making the finding will initiate a review of the policy in question and draft a recommendation to resolve the failure. FORMAL DISCIPLINARY ACTION - Action resulting in the loss of pay or benefits resulting in a suspension of three days or more, demotion of more than one rank, or dismissal. INFORMAL DISCIPLINARY ACTION - Action resulting in suspension of two days or less, or demotion of one rank. INITIAL INQUIRY aka ADMINISTRATIVE INQUIRY - The preliminary review of an incident or situation to determine if an improper action may have been committed by the agency or one of its members. If information is revealed that supports an allegation of misconduct, an administrative investigation will be initiated. INTERROGATORY MEMO – A supervisory request for a memorandum may be considered interrogatory when the supervisor provides a subject member with specific instruction on how to complete the memorandum, or directs the subject member to answer specific questions when completing the memorandum. LETTER OF REPRIMAND - An official censure of unacceptable acts or behavior, which is administered in a positive manner. It will be made clear to the member that the behavior for which the reprimand was given will not be tolerated, and stronger administrative action(s) will be taken if the behavior reoccurs. PERMANENT MEMBERS - Career Service classified members who have completed their probationary period. PRE-DISCIPLINARY HEARING - An avenue for a member to meet with the bureau commander during which mitigating circumstances can be asserted before the possible imposition of formal disciplinary action. 26 SUSTAINED - A finding or conclusion that an allegation is supported by a preponderance of evidence. UNFOUNDED - A finding or conclusion that an allegation is demonstrably without basis. UNSUBSTANTIATED - A finding or conclusion that sufficient credible evidence was lacking to prove or disprove the allegation. INDEXING: COMPLAINT INVESTIGATION REPORT CORRECTIVE ACTION COUNSELING DISCIPLINARY PROCEDURES FORMAL DISCIPLINARY ACTION INFORMAL DISCIPLINARY ACTION INFORMAL RESOLUTION OF COMPLAINT MISCONDUCT INVESTIGATIONS AND DISCIPLINARY PROCEDURES REPRIMAND REMEDIAL TRAINING STATEMENT OF COMPLAINT DRAFTED: LAM / July 10, 2024 / Filed: 26.2 Misconduct Investigations and Disciplinary Procedures APPROVED: CHRIS NOCCO, SHERIFF PASCO COUNTY, FLORIDA 27