St. Johns County Sheriff's Office Disciplinary Process Policy 26.4 PDF

SJSO Disciplinary Process Effective Date: 6/30/06 Policy 26.4 Amended Date: 7/28/17 ACCREDITATION STANDARDS CALEA: 26.1.4 c, 26.1.5, 26.1.6, 26.1.7 a-c, 26.1.8, 26.3.7 CFA: FLA-TAC: 5.02 c, 5.13 a-b FCAC: 7.01, 7.02 a- d, 7.04, 7.07 Discussion: Employees shall be guided by, adhere to and enforce the...

SJSO Disciplinary Process Effective Date: 6/30/06 Policy 26.4 Amended Date: 7/28/17 ACCREDITATION STANDARDS CALEA: 26.1.4 c, 26.1.5, 26.1.6, 26.1.7 a-c, 26.1.8, 26.3.7 CFA: FLA-TAC: 5.02 c, 5.13 a-b FCAC: 7.01, 7.02 a- d, 7.04, 7.07 Discussion: Employees shall be guided by, adhere to and enforce the written Standards of Professional and Personal Conduct policy, SOPs and directives of the agency, laws and ordinances of St. Johns County, the State of Florida and the United States in a fair and impartial manner. [FLA-TAC 5.02, c] General [26.1.4, c].1 When an employee’s conduct and/or job performance is inconsistent or contrary to SJSO goals, policies, standard operating procedures or memorandums, effective law enforcement requires disciplinary action that is fair, consistent and progressive..2 This policy establishes a process by which SJSO employees may be disciplined for a confirmed violation of these established standards. Such discipline shall be characterized as corrective rather than punitive. [FCAC 7.01] The main purpose of discipline is to improve employees’ productivity and effectiveness and shall be fair and just for all employees. Disciplinary action shall be utilized to motivate employees in a positive manner while contributing to the successful operation of the SJSO. The disciplining authority will determine the appropriate degree of discipline as outlined in the Disciplinary Guideline Chart (located within Policy 26.1), subject to review by appropriate superiors. Pre-Disciplinary Panel (PDP) is an opportunity for the employee facing serious disciplinary action to offer any mitigating circumstances..3 It is important employees understand there is no presumption of wrongdoing with any allegation received by this office. Standardized procedures ensure investigations will be conducted in a consistent and professional manner..4 This policy is overarching and encompasses portions of policies 26.1 Standards of Professional and Personal Conduct and 52.1 Internal Affairs..5 This policy does not supersede the authority and discretion of the Sheriff or the Career Service Act..6 Employee’s specific rights (including Law Enforcement and Correctional Officers Rights), appeals, and grievances procedures shall be as set forth in policy and the Career Service Act. Discipline Guidelines [26.1.4, c].7 The disciplinary guidelines section referenced in Policy 26.1 is designed to provide the basis for uniform application of disciplinary actions..8 Employees shall be notified, in writing, in advance of any pending formal disciplinary actions, except for emergency suspensions. Definition.9 Formal Discipline is appealable under the Career Service Act and includes any action that could result in loss of pay or benefits such as, suspension, demotion or termination. Disciplinary Process 26.4, Page 1 of 8 Complaints.10 A Citizen Comment Form SJSO-371 is available for receiving complaints from citizens. The form may also be used by agency employees. The Citizen Comment Form SJSO-371 is available at District/Field Offices, Courtesy Desk and the SJSO website. Receiving Complaints: Employees’ Responsibility [FLA-TAC 5.13, a].11 All employees of the agency are strictly charged with the responsibility for courteously receiving any complaint which may be lodged against the agency or any employee thereof, whether made in person, by telephone, or by mail..12 Any employee of the agency is authorized to receive a complaint against any other employee..13 Any employee receiving a minor complaint from a citizen should attempt to resolve the complaint by giving a proper explanation to the citizen when possible. If the employee cannot resolve the complaint with an explanation, he/she will refer the complainant to his/her Supervisor..14 If the Supervisor cannot resolve the matter, or if the citizen wishes further action, the Supervisor shall furnish the citizen with a Citizen Comment Form SJSO-371, or obtain the name and address of the citizen and mail or have a form mailed to the citizen. When returned, the Citizen Comment Form SJSO-371 shall be referred to Internal Affairs. When authorized by the Undersheriff, the form will be referred to the employee’s immediate Supervisor for handling. If the immediate Supervisor is not available, an acting Supervisor should handle the complaint. If not possible, the Lieutenant/Manager or designee will be responsible to handle the matter. Citizen Comment Forms which allege criminal misconduct shall be sent directly to Internal Affairs. (Refer to policy 52.1 Internal Affairs - for greater details). [FLA-TAC 5.13, b] Administering Discipline.15 Upon completion of the appropriate complaint investigation and determination of the applicable discipline, the following procedures will be followed: Suspension of Privileges [26.1.5].16 Suspension of Privileges will be administered by the first line Supervisor/Shift Leader or above and should be done, in writing, and held by the Division Director for twelve (12) months. Example: take home vehicle privilege, working extra duty, etc. Letter of Reprimand [26.1.4, c][26.1.5][26.1.6].17 A letter of reprimand will be handled at the division level and be issued by the first line Supervisor/Shift Leader or above when a verbal warning or consultation form has not resulted in the expected improvement, or when a more serious offense is committed by an employee. The employee will sign the letter of reprimand. The employee should be given the original at the time it is administered. A copy is placed in his/her personnel file. The letter of reprimand should include a complete description of the incident(s) of misconduct, policy violations, specific times, dates, locations and personnel involved. The employee may submit mitigating circumstances, in writing, but will meet with his/her Division Director and/or designee to be assigned the appropriate level of discipline. [26.1.6] Consultation Form SJSO-103 and/or Performance Improvement Plan SJSO-102C and other Disciplinary Process 26.4, Page 2 of 8 supporting documentation - if any will be attached. Letters of Reprimand may be grieved through the SJSO grievance process; see policy 25.1 Grievance Suspension [26.1.4, c] [26.1.5] [26.3.7].18 Suspension may be recommended by the first line Supervisor/Shift Leader or above for repeated offenses for which the employee has already received verbal warnings, consultation forms, performance improvement plans, or written reprimands, or where the nature of the offense is relatively serious. Suspension is without pay. If for more than one (1) working day, suspension shall be issued on a consecutive working day basis Permission to work extra-duty employment is automatically canceled while the employee is under suspension. Off-duty employment is not affected, if previously authorized to work in that place of business. The employee will be afforded the opportunity to offer any mitigating circumstances at the time of the Pre-Disciplinary Panel with his/her Division Director and/or designee. A full time, non-probationary employee may appeal the decision..19 All disciplinary suspensions issued agency wide, which are given as a number of days, will be based upon an eight (8) hour workday. Supervisors of shift personnel shall adjust duty times to accommodate the suspension. Example, when an employee is given a three (3) day suspension, that employee would be off the shift for two (2) actual twelve (12) hour days to equal twenty-four (24) hours and the suspension would be met..20 A suspended employee shall not be permitted to work on his/her normal day(s) off, nor take paid annual leave time nor make up the time by working overtime in lieu of payroll deduction for the period of the suspension..21 When it is in the best interest of the SJSO, an Emergency Suspension may be imposed on an employee by the first line Supervisor/Shift Leader only with the approval of the Lieutenant or above. Such suspension shall be with pay until resolved by action of the Sheriff. The Sheriff and Division Director of the affected division shall be notified of the decision without delay by the initiating authority. [26.1.5] [26.3.7] [FCAC 7.07].22 Emergency suspensions will only be allowed when a Supervisor has probable cause to believe an employee is, or has been: [26.3.7][FCAC 7.07] Insubordinate, when such insubordination may cause immediate problems. Reporting for duty intoxicated and/or under the influence of intoxicant and/or drugs or consumes or uses an intoxicant and/or drug while on duty, with the exception of physician-prescribed medication. Violating Agency rules or regulations, and the Supervisor believes immediate suspension is in the best interest of the SJSO. Disrupting order or discipline. Involved in a criminal or immoral act. Charged with a felony or misdemeanor. Demotion [26.1.4, c][26.1.5].23 Demotion is a reduction in rank and pay and includes a letter of demotion which shall be retained in the employee’s personnel file. Demotion may be recommended by a Lieutenant/Manager or above and shall be forwarded via chain of command to the Sheriff for review/action. The employee will be afforded the opportunity to offer any mitigating circumstances at the time of the Pre-Disciplinary Panel with his/her Division Director and/or designee. The affected employee may appeal the decision. Disciplinary Process 26.4, Page 3 of 8.24 Termination is the decommissioning of sworn employees or the dismissal of civilian employees by the withdrawal of appointment. Termination may be recommended by a Lieutenant/Manager or above and shall be forwarded via chain of command to the Sheriff for review/action. Termination requires a permanent written record. [26.1.5] [26.3.7] Termination for other than an unsatisfactory completion of probation may be appealed by the affected employee. The decommissioning process in no way affects a person’s CJSTC certification. A separate action is required in order to change an individual’s certification through CJSTC..25 The cause for suspension, demotion or termination shall be limited to the following: [26.3.7] [FCAC 7.07] Negligence. Inefficiency or inability to perform assigned duties. Insubordination. Willful violation of the provisions of law or agency rules. Misconduct. Proof of alcohol or prescription drug abuse or use of illegal or illicit drug. Adjudication of guilt by a court of competent jurisdiction or a plea of nolo contendere of guilt. Such action shall be administered by the Sheriff or designee..26 The filing of any felony or misdemeanor charges against any employee may constitute cause for termination. [26.3.7] Responsibility for Discipline [26.1.5][26.3.7].27 The role of Supervisors, especially first-line Supervisors, is crucial in the disciplinary process. First-line Supervisors have the best opportunity to observe the conduct and appearance of employees and detect those instances when disciplinary actions are warranted..28 Supervisors, especially first-line Supervisors, should understand the personality traits of personnel under their supervision to determine the most effective methods of discipline..29 Corporals will serve on the same level as the Supervisors they are replacing in the chain of command. An exception is Corporals may recommend disciplinary action only after receiving approval for the recommendation from the next higher level of supervision for the following: Incidents which result in reprimand, termination, suspension, reduction in rank or pay, permanent positional change outside of the career field or when an employee causes damage of agency equipment which is greater than one hundred dollars ($100)..30 Prior to issuing a letter of reprimand, Supervisors shall forward a draft, via chain of command, to the Division Director for review/approval..31 Any disciplinary actions which result in a change in career path or reduction in pay rate must be approved by the Sheriff. Pre-Disciplinary Panel (PDP) [26.1.6].32 A Pre-Disciplinary Panel (PDP) will be convened for any full-time, non-probationary employee who may be facing serious disciplinary action that could result in loss of pay or benefits such as suspension, demotion or termination as recommended by the employee’s Division Director or designee. Disciplinary Process 26.4, Page 4 of 8.33 This is an opportunity for the employee to offer any mitigating circumstances they would like to have considered..34 Such employees attending any disciplinary proceeding, to include Pre-Disciplinary Panel (PDP) shall not be armed. (i.e., firearms, knives, Conductive Electrical Weapons (CEW), aerosol defense spray, etc.) Secure storage for weapons is provided in designated Evidence lockers or the weapon(s) may be stored in the vehicle trunk..35 The panel will consist of three (3) members of Executive Staff. The purpose of the panel is to determine if there are substantial mitigating factors which would affect the recommended discipline..36 The panel will have the authority to: Ask the affected employee(s) questions related to the case. Listen to any witnesses directly related to the case. The panel will not have the authority to mitigate findings of an internal affairs investigation..37 The panel may consider any mitigating factor(s) in their recommendation(s) for discipline..38 The employee has the option of submitting a written response or being seen in person. If the employee chooses to be seen, he/she may have an attorney present and have witnesses appear. [FCAC 7.02, c].39 The PDP will be audio recorded and the recording and any documentation submitted by the employee will be filed in their personnel file..40 The employee will be notified by memorandum of the PDP. The memorandum will contain the following information: Date, time, location and who is expected to sit on the panel. Explain the purpose of the PDP and advise the employee who can be present. A signature block for the employee to acknowledge receipt of the memorandum. The original memorandum will be given to the employee. A copy will be retained in the Personnel File..41 If the panel feels there are appropriate mitigating circumstances, they will notify the Sheriff. The Sheriff may postpone the serious disciplinary action and forward the information to Internal Affairs to be investigated. See policy 52.1 Internal Affairs. Personnel Records [26.1.7, a-c][FCAC 7.02, a-d].42 If the employee is dismissed for misconduct, the employee must be furnished, in writing: A statement of the reason for dismissal. The effective date of the dismissal. The status of employee fringe and retirement benefits after dismissal. A statement outlining the employee’s rights. Notice what will be contained in the employee personnel record relating to the dismissal. An opportunity to submit information into their personnel file to refute or explain the reasons for the dismissal..43 All related paperwork shall be forwarded to the GNSV Division Director for filing in the employee’s personnel file. [26.1.8].44 Only the Sheriff can order these actions removed and purged within the guidelines of the Public Records Disciplinary Process 26.4, Page 5 of 8 Law (FS 119). [26.1.8] Appeals [26.1.6].45 The Career Service Act applies to all full time employees with the following exception: Probationary employees are not eligible for a Career Service Appeals Board..46 Employees have the right to appeal disciplinary actions that result in termination, suspension, reduction in rank or pay, permanent positional change outside the career field, or when an employee damages SJSO equipment which is greater than one hundred dollars ($100)..47 Appeals shall be made, in writing, to the Sheriff and shall be received by the first person in the chain of command within ten (10) working days after the aggrieved employee is notified of the action on which the appeal is based. The employee may request a time extension waiver from the Sheriff. If the motion for time extension is denied, the ten (10) working days will start when the employee receives (or has received) the denial..48 If the employee does not comply within the time limit, the employee shall waive the right of appeal. Appeals Board.49 A Board shall be called after receiving the written appeal from the aggrieved employee..50 The Sheriff and the employee shall notify the GNSV Division Director within fifteen (15) days of the names selected to serve on the Board..51 The GNSV Division Director shall notify the selected employees and verify their consent to serve. If an employee declines to serve, the GNSV Division Director shall request an alternate selection from the Sheriff and/or aggrieved employee. The GNSV Division Director shall notify the selected employee’s Supervisor, so the employee may be on TDY status for the term of the Board..52 Employees selected to serve on the Board shall serve without additional compensation or overtime..53 Board members shall serve on the Board as a temporary duty type assignment and shall be relieved of other duties while such Board is in session and until the Board takes final action..54 Once final action is taken, the Board shall be dissolved; however, the Board may provide assistance and advice to the Sheriff on the disciplinary action. The Board may also consult with the aggrieved employee. Membership of Boards.55 The GNSV Division Director or designee will serve as an ex officio member of each Board. This member shall assist the Board in securing records and issuing notice to appear, but will have no voting power..56 Each Board shall be composed of five (5) members who are employees of the SJSO or another law enforcement agency and have the assistance of the GNSV Division Director or designee as stated above..57 The Sheriff and aggrieved employee shall each select two (2) board members who meet the following requirements: Two (2) employees covered by Career Service. Two (2) other members of the Board who may be an employee covered by Career Service, or who is Disciplinary Process 26.4, Page 6 of 8 from another law enforcement agency having jurisdiction within St. Johns County..58 The fifth member, who will act as chairperson of the Board, shall be selected by the other four (4) members and must be covered by Career Service. Board Membership Limitations.59 All members shall be employees of the SJSO or another law enforcement agency..60 No Board member shall be a relative of the Sheriff, of the aggrieved employee or someone who in any way participated in the incident which led to the filing of the grievance..61 The chairperson of the Board shall receive the charge(s) from the Sheriff or designee and gather all supporting documentary evidence and other items necessary having a bearing on the appeal, unless said items are to be summoned along with witnesses..62 The GNSV Division Director or designee, at the chairperson’s request, shall assist in gathering or compiling said information or articles..63 The chairperson shall convene the Board, and the Board shall hold hearings as soon as practical. He/she shall ensure orderly proceedings occur and the policy, as established by Career Service and SJSO policy, is carried out correctly. Board Hearings.64 The Board shall have the power to administer oaths; to compel the attendance and testimony of witnesses; and require the production of books, records, accounts, papers, documents; and any other necessary items. In the case of failure of any person to comply with an order of the Board or upon the refusal of a witness to testify on a matter regarding that which he/she may be lawfully questioned, any member of the Board may apply to a judge of the county in which the witness is a resident and request the judge initiate contempt of court proceedings..65 The employee filing the appeal will have the right to present testimony on his/her behalf before the Board, to be counseled by a person of his/her choice and to present any relevant facts in his/her behalf. Counsel shall not have the right to address the Board unless requested by the chairperson..66 The Sheriff or designee shall have the right to counsel and to present testimony on his/her behalf..67 It shall be the duty of the authorities having charge of public buildings of St. Johns County to allow the use of a public building for the holding of meetings of the Board and any investigations provided for the Career Service..68 The aggrieved employee shall be present during all allegations, when evidence is being presented against him/her, and during deliberations of the Board. The counsel of either or both parties may be present if the respective parties wish..69 The technical rules of evidence in a court of law shall not apply..70 Witnesses who appear in compliance to a notice to appear before the Board shall receive compensation for attendance and mileage, as provided for witnesses on civil cases in the courts of this state. Payments for witnesses called by this Board shall be paid by the SJSO upon presentation of proper vouchers and approval by three (3) Board members. Disciplinary Process 26.4, Page 7 of 8 Agency employees serving as witnesses shall be paid in accordance with agency policy regarding payment of witness fees..71 The Board shall dispose of the appeal by majority vote after deliberation of the facts..72 The decision of the Board shall be limited to either “sustain” the action of the Sheriff or “not sustain” the action of the Sheriff being appealed. In appeals based on permanent position change, the Board will base the decisions on whether the change is disciplinary or based on the overall best interest of the agency. The Board will either sustain or not sustain the action on these grounds only. If an action by the Sheriff is not sustained by the Board, the Board shall order such remedial action as appropriate, which may include reinstatement with back pay or may modify the personnel action which was the subject of the appeal. No Board shall have the authority to impose on any employee any penalty which is harsher than that which formed the basis of the appeal. If any violation of law is uncovered by the Board hearings, the Board may refer the matter to the Sheriff or appropriate authority for further investigations of the charges..73 Upon conclusion of deliberations by the Board, the Board shall make a verbal statement to the Sheriff or designee and the aggrieved employee..74 The Board shall prepare and submit a written decision as soon as possible with a copy to the Sheriff and a copy to the employee who initiated the appeal or his/her representative within seven (7) working days upon conclusion of the testimony in the proceedings..75 The decision of the Board shall be final and binding on the employee and the Sheriff. These shall not limit or circumvent either the rights of the Sheriff or the employee to further proceedings in an actual court of proper jurisdiction. [26.1.7, a-c] Disciplinary History.76 It shall be the responsibility of the Supervisor executing the discipline to forward a copy of each final disciplinary action, executed by them, to the Division Director for retention..77 Prior to creating or recommending any future disciplinary action on this employee, review of his/her past discipline should occur to ascertain if previous similar violations had occurred and the time lapse between the occurrences. ____________________________ Sheriff David B. Shoar Disciplinary Process 26.4, Page 8 of 8