543-6.pdf

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PERSONNEL POLICY 11-28-2018 11-28-2018 543-6 SUBJECT...

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PERSONNEL POLICY 11-28-2018 11-28-2018 543-6 SUBJECT AMENDS Policy Series 500: Career Mobility 543 – Transfers of Members REFERENCE RESCINDS PPBM: Internal Affairs Investigations; Limited Duty; Sick Leave; Duty- PPBM: 543-5 Related Injuries; Family and Medical Leave; Military Leave I. INTRODUCTION The written directive provides guidelines regarding transfers of members. II. TERMINOLOGY *A. Administrative Transfer - A temporary change in unit of assignment not requested by a member that is made pending completion of an investigation or any potential disciplinary action. B. Involuntary Transfer - A change in unit of assignment not requested by a member that is made due to a reduction in force, a vacancy within a unit, member misconduct, etc. C. Pool Transfer - A transfer made when a member has been on leave for more than 28 consecutive calendar days. *D. Temporary Hardship Transfer - A temporary change in unit of assignment requested by a member, necessitated by an unforeseen event beyond a member’s reasonable control, creating an excessive burden on the member and for which an alternative assignment is warranted. E. Voluntary Transfer - A transfer requested by the member. III. POLICY *A. Administrative Transfers 1. This may be an immediate transfer that occurs without notice to the member and will be made at the discretion of the appropriate Bureau Commander(s). 2. The member must be able to perform the essential functions of the position to which the member is transferred. 3. Members will be transferred to a position on the same working shift they were assigned before the transfer, if possible.  4. The transferring member’s position may be temporarily filled at the discretion of the appropriate Bureau Commander until completion of the investigation. 5. Upon completion of the investigation, the member will return to their original position, if possible. *B. Involuntary Transfers 1. Members will be provided a notice of at least seven (7) calendar days before the transfer occurs, if possible. 2. The member must be able to perform the essential functions of the position to which the member is transferred. 3. The member’s transfer will be subject to the need of the receiving bureau. 4. Members may initiate a grievance of the involuntary transfer. Members will refer to the current written directive entitled, “Grievance Review Process,” for more information. C. Pool Transfers 1. After 28 consecutive days on leave, a member will be transferred to the appropriate leave pool. *2. A member assigned to the leave pool may be skipped or denied for a voluntary transfer unless the anticipated return to regular duty is expected to be within the next twenty-eight (28) calendar days or unless otherwise required by law. *D. Temporary Hardship Transfers 1. The temporary hardship transfer will remain effective for a maximum of six (6) months, unless a longer period is mutually agreed upon as outlined in the current Memorandum of Agreement (MOA). 2. At the end of the temporary hardship transfer period, the member will return to their original position or another vacant assignment on their original watch unless the member has been granted another transfer request through normal processes. -2- *E. Voluntary Transfers 1. Eligible members may request a transfer to another watch and/or division station. a. Members may remain on other existing eligibility pool lists. Members will refer to current MOA and current written directive entitled, “Selection Process for Vacancies.” b. If a member is promoted/demoted, the member’s pending requests for voluntary transfer are voided. c. Transfer lists will be maintained by the appropriate element receiving a member’s transfer request in compliance with the current MOA. d. When a permanent vacancy occurs, a member on the appropriate transfer list will be offered the transfer in the order their name appears on the list. e. Members may submit multiple Form 4 P.D.s to a requested watch or division station (e.g., W-I, W-II, W-III). f. A member who accepts an offer will be ineligible for a further voluntary transfer to another watch or division station for twelve (12) months. (1) The member’s position on other transfer lists will remain the same. (2) The member may remain on other existing eligibility pool lists for specialized positions (e.g., Violent Crimes, Tactical Response Team Officer, Traffic Investigation Section). (3) For further information refer to current MOA and current written directive entitled, “Selection Process for Vacancies.” g. Members who decline an offer to transfer will be placed at the bottom of the transfer list applicable for the offer that was declined. The member’s position on other transfer lists will remain the same. h. Members may be skipped or denied a transfer for good cause (e.g., due to disciplinary or training reasons), but will remain in the same position on the appropriate transfer list. -3-  2. Voluntary transfer requests to another watch and/or division station do not expire. F. All transfers of non-sworn members with the title of manager or above and sworn members with the rank of captain or above require the approval of the Chief of Police. IV. PROCEDURES A. To request consideration for a voluntary transfer to another watch, element, position, or to participate in a selection process, members will: 1. Submit an original Form 4 P.D. through the chain of command to the HRD. 2. Forward a copy of the Form 4 P.D. directly to the receiving element and the HRD. *B. To request consideration for a temporary hardship transfer, members will: 1. Submit an original Form 4 P.D. through the chain of command to the Employee Benefits Unit Commander. 2. Forward a copy of the Form 4 P.D. and an original Interdepartment Communication Form 191 P.D. (Form 191 P.D.) directly to the Employee Benefits Unit Commander outlining the factual basis in support of their hardship transfer request. 3. Human Resources Division (HRD) will: a. Review the factual basis outlined by the member in their Form 191 P.D. to determine if the member is eligible for a temporary hardship transfer. b. Provide a written recommendation to the Chief of Police regarding the member’s eligibility for a temporary hardship transfer. 4. Chief of Police will: a. Review HRD’s written recommendation and make the final determination for a temporary hardship transfer. b. Contact the appropriate bureau of the member’s eligibility for a temporary hardship transfer. -4-  5. The appropriate Bureau will: a. Transfer the member to the requested watch or position, if available. If the transfer cannot be fulfilled, the eligible member will be placed on a temporary hardship transfer list. b. Maintain the temporary hardship transfer list. c. Contact the member when openings occur. C. To request consideration for employment as a sworn member, a non-sworn member will: 1. Submit an original Form 4 P.D. through the chain of command to the HRD. 2. Forward a copy of the Form 4 P.D. directly to the HRD. D. To rescind a request for transfer, a member will: 1. Submit a Form 191 P.D. through the chain of command to the HRD. 2. Forward a copy to the receiving element, if applicable. *E. To rescind a temporary hardship transfer request, a member will submit a Form 191 P.D., directly to the Employee Benefits Unit Commander. *F. HRD will receive and maintain original Request for Transfers, Form 4 P.D. in accordance with Missouri Secretary of State retention schedule. Richard C. Smith Chief of Police Adopted by the Board of Police Commissioners this ____ day of _, 2018. Nathan Garrett Board President DISTRIBUTION: All Department Personnel Public View Master Index – Internet Department Master Index – Intranet Policy Acknowledgment SyStem (PASS) -5-