Omaha Police Department Professional Oversight - Disciplinary Action PDF

PROFESSIONAL OVERSIGHT – DISCIPLINARY ACTION POLICY: It is the policy of the Omaha Police Department (OPD) that all disciplinary actions for sworn employees, other than reprimands, shall be sent to the Internal Affairs Unit (IAU). All disciplinary actions for non-sworn OPD employees shall be sent...

PROFESSIONAL OVERSIGHT – DISCIPLINARY ACTION POLICY: It is the policy of the Omaha Police Department (OPD) that all disciplinary actions for sworn employees, other than reprimands, shall be sent to the Internal Affairs Unit (IAU). All disciplinary actions for non-sworn OPD employees shall be sent directly to the IAU, who will coordinate investigations and discipline with the City Human Resources (HR) Department, in accordance with this policy. Copies of disciplinary actions will be maintained by the City HR Department and Police Personnel Unit in accordance with state retention guidelines, Chapter 23 of the Omaha Municipal Code, and Collective Bargaining Agreements (CBA). PROCEDURE: I. Non-Sworn Employees A. The OPD “Professional Oversight – Internal Affairs Investigations” policy details procedures for the submission of information to the Chief of Police via the IAU when an incident occurs that may merit an investigation of non-sworn employees. 1. IAU will coordinate with the City HR Department to provide notification/details of non- sworn employee investigations as may be needed. 2. The Chief of Police or Chief’s designee will determine whether the investigation will be performed by the City HR Department or IAU. a. If the Chief of Police, or designee, authorized the City HR Department to perform the investigation, IAU will provide a copy of the signed Internal Information Form to the Labor Relations Director. 3. The Chief of Police, or designee, shall be responsible for determining appropriate discipline of non-sworn OPD employees. 4. When the City HR Department concludes an investigation it has completed, the result of the investigation will be reported to the Chief of Police, or designee, and a copy will be provided to the IAU Lieutenant. a. The IAU will notify the employee’s supervisor/manager of the investigation results and will ensure discipline-related forms, if any, are uploaded into the Infor HRIS system for documentation. B. After the information described above in Section I, A. is submitted and an investigation is authorized by the Chief of Police, or designee, the following information must be provided by the employee’s supervisor to the City of Omaha Labor Relations Division and uploaded in the INFOR Employee Relations Module without delay: 1. Name, classification, and work assignment of the employee who may be disciplined. 2. Name of employee’s immediate supervisor. 3. CBA and/or OPD Policies and Procedures Manual (PPM) sections that were or may have been violated. 4. Facts of the incident, including date, time, place, what happened, names of witnesses, and any preliminary statements made by witnesses and/or employees. 1  C. OPD supervisors of non-sworn employees may contact the Labor Relations Division for assistance with the INFOR Employee Relations Module. Contact information may be found at https://hr.cityofomaha.org/labor-relations/. D. When a non-sworn employee receives a reprimand: NOTE: Supervisors/Managers will ensure they are familiar with the current City of Omaha Human Resources Policy #37, “Procedures for Civilian Discipline and Termination.” 1. The City HR “Reprimand” form shall be completed by the employee’s supervisor/manager. 2. The completed form shall be sent to IAU. a. IAU will obtain the Labor Relations Director’s signature, and any other required signatures noted, and will then forward the form back to the employee’s supervisor/manager. 3. The supervisor/manager shall meet privately with the employee and present the Reprimand form to the employee for signature. a. If the employee refuses to sign the form, the supervisor will note the refusal in the employee’s signature space on the form. 4. The supervisor/manager shall then upload the final, executed Reprimand into the Infor HRIS system without delay. 5. City HR will disburse a copy of the final, executed Reprimand to the applicable collective bargaining group representatives, as may be required by agreements, and will maintain a copy in the employee’s City HR administrative file. 6. IAU will maintain a copy in their unit investigation files as deemed appropriate. E. For all incidents of counseling of OPD non-sworn employees, supervisors/managers shall follow procedures as described in the OPD “Minor Violations” policy. Supervisors/Managers shall ensure they are familiar with the current City of Omaha Human Resources Policy #10, “Employee Counseling Documentation.” F. Citizen (aka Civilian) Complaints that are directed towards the actions of OPD non-sworn employees shall be handled as described in the OPD “Professional Oversight – Internal Affairs Investigations” policy. 1. The IAU will promptly notify the Labor Relations Division of these complaints and will cooperate to assign and divide any tasks and duties related to the investigation(s) as deemed appropriate. This may include having a Labor Relations representative present for interviews, etc. G. For Local 251 Bargaining Group employees, discipline must be served on the employee within sixty (60) calendar days from the date the City has actual or constructive knowledge of the violation. H. Employee counseling, written reprimands, suspensions, demotions, and terminations will be handled in accordance with City of Omaha Human Resources Department Policy, Chapter 23 of the Omaha Municipal Code, OPD Policy and Procedures, and the applicable CBA. II. General — Sworn Employees 2  A. When an incident occurs that may merit disciplinary action for sworn employees, other than incidents identified by the Safety Review Board (SRB) or the Pursuit Review Committee (PRC), the following information will be submitted to the IAU via chain of command without delay: 1. Name and rank of employee to be disciplined. 2. Name of employee’s immediate supervisor. 3. CBA and OPD Policies and Procedures Manual (PPM) sections, if applicable, which may have been violated. 4. Facts of the incident, including date, time, place, what happened, names of witnesses, and any statements made by witnesses and/or employees. 5. Details of any previous counseling or disciplinary action for incidents of the same nature. NOTE: This applies to any recommended reprimand, suspension, demotion, or termination. B. The IAU will conduct an internal investigation upon authorization of the Chief of Police or Chief’s designee. III. Recommended Job Performance Interview (JPI) or Reprimand — Sworn Employees A. If the chain of command recommends a JPI for sworn employees, the officer’s chain of command shall follow the procedures described in the OPD “Professional Oversight — Job Performance Interview” policy. B. If the chain of command recommends a reprimand, other than via the SRB or PRC process, either the IAU or the employee’s chain of command shall prepare and serve an OPD Form 75 (Reprimand Form). 1. The command officer will complete the name, classification, bureau, and narrative portions of the reprimand form only, and will forward it to the POB Deputy Chief via chain of command. a. The command officer will NOT have the employee sign the reprimand form at this point. 2. The command officer may verbally notify the employee that discipline is being considered, but will NOT detail what discipline is being recommended. 3. If originated by the employee’s chain of command, the Bureau Deputy Chief will ensure the reprimand is approved and signed by the POB Deputy Chief, Chief of Police, or Chief’s alternate designee and distributed to appropriate command. a. The original signed reprimand form will be returned to the employee’s command officer, who will have the employee sign and date the form to acknowledge receipt. NOTE: Only the Chief of Police, POB Deputy Chief, SRB Deputy Chief, PRC Deputy Chief, or the Chief’s alternate designee can sign a reprimand for a sworn officer. 4. If IAU prepares the reprimand, IAU employees will serve the reprimand to the employee. 3  5. The employee will be given a copy of the completed reprimand (OPD Form 75), and the original will be forwarded to the Internal Affairs Unit (IAU). C. If the OPD SRB or PRC determines a reprimand is appropriate, the reprimand will be prepared and signed as described in the OPD “Organizational Function – Safety Review Board” policy and/or the OPD “Organizational Function – Pursuit Review Committee” policy, as applicable. 2. The employee will be given a copy of the completed reprimand (OPD Form 75) and the original will be forwarded to the Internal Affairs Unit (IAU). D. If an employee refuses to sign their reprimand form, the command officer who serves the reprimand will note on the bottom of the form the time and date when the employee refused to sign. E. The IAU will forward original reprimands (OPD Form 75) to the City Human Resources Department, and will send copies to the City Labor Relations Director, Police Personnel Unit, employee’s respective collective bargaining unit, and the employee. A copy will remain in an IAU file, logged under an II number. IV. Disciplinary Recommendations — Sworn Employees A. Except for SRB and PRC reprimands, and unless otherwise directed by the Chief of Police or Chief’s designee, sustained complaints or allegations will be reviewed by the employee’s precinct/section commander and the bureau Deputy Chief for a recommendation of discipline. 1. If, after the review, the investigated employee’s precinct/section commander and bureau Deputy Chief deem discipline is warranted, they will inform the POB Deputy Chief of the recommendation. 2. If the recommendation of discipline is a reprimand or suspension of three (3) days or fewer, it shall be considered by the POB Deputy Chief, Chief of Police, or Chief’s alternate designee for implementation. a. Only the POB Deputy Chief, Chief of Police, or Chief’s alternate designee can order/issue a reprimand or suspension of three (3) days or fewer. 3. If the recommendation of discipline is a suspension of more than three (3) days, a demotion, or a termination, it shall be considered by the Chief of Police or Chief’s designee for implementation. a. Only the Chief of Police or Chief’s designee can order/issue a suspension of three (3) days or more, a demotion, or termination. 4. The Chief of Police or Chief’s designee may meet with the investigated employee to explain the decision and clearly communicate the Department’s expectations of its employees. B. The Chief of Police, POB Deputy Chief, SRB Deputy Chief, PRC Deputy Chief, or Chief’s alternate designee are not bound by the recommendation of the employee’s chain of command. A more or less severe discipline may be ordered based on the facts of the case. C. When sworn employees serve a suspension of five (5) days or fewer, they may either take the day(s) off work without pay, or forfeit annual or compensatory time for the suspension day(s). 4  1. If the employee opts to forfeit any annual or compensatory day(s), they do not need to schedule the day(s) off work, but they shall notify the Police Personnel Unit so that the hours are deducted from their time bank(s). D. If the recommendation of discipline is a termination (or demotion), the following Notification of Termination Procedures shall apply: 1. The Termination recommendation shall be forwarded to the City Human Resources Director and the Police Personnel Unit by the Chief of Police. 2. The Chief of Police will notify the employee, in writing, citing the reason(s) for recommended termination. 3. The City Human Resources Director or designee will conduct a pre-termination (Loudermill) hearing pursuant to City Human Resources Policy and perform any investigation that the HR Director deems appropriate. 4. During the period prior to their pre-termination hearing, the employee will remain in paid status (Administrative Leave), effective immediately and until a final determination has been made as described below. 5. The City Human Resources Director or designee will notify the Chief of Police in writing, at the conclusion of the pre-termination hearing, of their recommendation to either affirm the termination or whether they have a different recommendation. 6. The Chief of Police will consider the recommendation of the City HR Director before making a final decision on whether to move forward with termination. 7. A letter of termination citing the effective date will be written by the Chief of Police and forwarded to the employee. A copy shall be forwarded to the Police Personnel Unit, the City HR Labor Relations Director, Director and records contact person, the OPD Bureau Deputy Chief/Director, the City Law Department, the employee’s chain of command, and collective bargaining unit representatives, etc. a. A statement in the letter will indicate that the employee may contact the City Human Resources Department to determine the status of fringe and retirement benefits after termination. E. Employees will refer to the applicable provisions of their respective CBA for procedures related to appealing discipline. REFERENCES: I. Previous OPD Orders A. Previous General Orders: #15-87, 66-94, 42-96, 81-00, 85-02, 79-17, 6-18, and 65-23. II. Accreditation Standards A. Relevant CALEA accreditation standards: 26.1.4, 26.1.5, 26.1.7 and 26.1.8. III. Other A. PPM Monthly Update: #11-2019. B. Collective Bargaining Agreements are applicable to this policy. 5 C. City of Omaha Human Resources policies: #10 (Employee Counseling Documentation), #23 (Pre-Termination Meeting (Classified Employees)), and #37 (Procedures for Civilian Discipline and Termination) are applicable to this policy. 6