Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 3.18 EMPLOYEE ASSISTANCE PROGRAM (EAP): 3.18.1 General: BSO recognizes the Employee Assistance Program's (EAP) role in providing initial assessment and mental health referrals to employees and their dependents. EAP assistance will be av...

SHERIFF’S POLICY MANUAL 3.18 EMPLOYEE ASSISTANCE PROGRAM (EAP): 3.18.1 General: BSO recognizes the Employee Assistance Program's (EAP) role in providing initial assessment and mental health referrals to employees and their dependents. EAP assistance will be available on call, 24 hours a day, seven days a week and provides: A. Liaison with mental health providers. B. Early identification programs for troubled employees. [CALEA 35.1.9] C. Management consultation for employee problems related to duties. D. Referrals for employees or facilitates preventive health programs including, but not limited to, stress management seminars, smoking/substance abuse cessation workshops, weight loss programs, parenting classes, and spouse support programs. E. Training to all sworn employees regarding mental health awareness, prevention, mitigation, and treatment to include Post-Traumatic Stress Disorder. [CFA 10.16] 3.18.2 Referral Method: There are several ways employees can be referred to EAP: voluntary, command recommended, or command directed. Referrals may be made for documented events demonstrating deteriorating job performance believed to be related to stress, substance abuse, mental health crisis, or other performance-related issues. EAP may also receive referrals as a result of legal agreements stipulating the completion of the Employee Assistance Program (which is treated like a command referral). A. Voluntary Referral: 1. Voluntary referral occurs when employees voluntarily approach EAP. The information shared by employees will be considered confidential and cannot be released inside or outside BSO without their written permission, unless the information is required to be disclosed by Florida or federal law or court order. Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 1 of 10  SHERIFF’S POLICY MANUAL 2. BSO will not initiate an investigation or complaint based on an employee's request for professional assistance. EAP participation will not preclude investigations and/or disciplinary actions from a related investigation or complaint. B. Command Recommended Referral: 1. Supervisor referrals will be based on observed and documented deteriorating job performance or unusual behavior exhibited by an employee. Supervisors should contact EAP to discuss options before referral. 2. Supervisors finding a decline in their employee's job performance over a period of time may advise the employee of assistance available from EAP and encourage the employee to seek assistance on a voluntary basis. 3. Commanders can authorize an employee to seek assistance on duty. This type of referral is treated as voluntary participation. BSO retains the right to stipulate a reasonable number of sessions to attend on duty. C. Command Directed Referral: Command referrals will be mandatory referrals to EAP for employees whose performance on the job is so severely affected that they are unable to perform their basic job requirements. Command referrals will be conducted on BSO time, expense, and are not confidential. Command referrals consist of the following two types of referrals: 1. Fitness for Duty Evaluations: Commanders in consultation with EAP can determine if employees are not functioning effectively in their job capacity. The identified performance deficiencies may be due to emotional distress or impairment by substance use or abuse. Employees unable to report for duty will be placed on restricted administrative assignment and/or relieved of duty. It will be mandatory for supervisors to report all situations involving suspected substance use/abuse or emotional distress. Reporting will be accomplished as follows: a. All incidents utilized as justification for a Fitness for Duty Evaluation must be documented. b. The affected employee’s commander will submit a memorandum to Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 2 of 10  SHERIFF’S POLICY MANUAL their Department Executive Director with a copy to the Executive Director over Human Resources for review and approval. Upon approval, the command referral will be forwarded to the Human Resources Director, requesting a Fitness for Duty Evaluation. c. Upon approval of the request for the Fitness for Duty Evaluation, the affected employee’s commander must meet with the employee in person to explain the reason for the command referral. Note: A complete psychological evaluation will be performed by an external psychologist. Employees will be required to sign a consent and waiver of confidentiality prior to the evaluation being conducted. 2. Command Referral for Treatment: The command can order employees to therapy when their conduct rises to a level that interferes with their effective functioning on the job. Employees will be compelled to attend and complete a course of therapy to address or remedy the identified issues. Referrals will be accomplished as follows: a. The affected employee’s commander will submit a memorandum to their Department Executive Director with a copy to the Executive Director over Human Resources for review and approval. Upon approval, the command referral will be forwarded to the Human Resources Director, authorizing a Command Referral for Treatment. b. Upon approval of the request for the Command Referral for Treatment, the affected employee’s commander must meet with the employee to explain the reason for the command referral. c. EAP will oversee the completion of therapy and obtain written documentation from the provider. D. EAP will be responsible for: 1. Managing information from the provider to commanders. 2. Calling out external mental health providers in emergency situations. E. Information provided due to any type of referral will be disclosed: Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 3 of 10  SHERIFF’S POLICY MANUAL 1. When there is a clear and immediate probability of physical harm to the employee or others. 2. When the employee makes an actual threat to physically harm an identifiable person. 3. To comply with mandatory reporting of abuse, neglect, or exploitation of disabled adults or elderly persons. 4. To comply with Florida or federal laws and court orders. 3.18.3 Post-Trauma Debriefing: A. Supervisors will immediately notify EAP if an employee inflicts, sustains, or witnesses traumatic incidents involving use of deadly force or other severe job- related incidents. B. EAP will participate in the Critical Incident Stress Debriefing Team (CISD) and initially evaluate employees involved in a critical incident. Debriefings will be considered voluntary for purposes of privacy and confidentiality. C. If an employee’s conduct or use of force results in death or critical injury, the employee will be placed on administrative assignment by the employee’s commander for a minimum of 72 hours. In all other instances, continuation of duty schedules or changes in an employee's status should be decided by the employee's supervisor based on consultation with EAP. D. EAP will provide support services for the Hostage Negotiation Team. E. On-going or follow-up treatment may be needed and can be obtained by approved mental health providers via EAP. 3.18.4 Early Intervention Program (EIP): A. BSO recognizes the need to identify and assist employees having displayed behaviors or tendencies consistent with job-related stress which, if not corrected, could lead to a decline in job performance. EIP's goal is to offer assistance to Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 4 of 10  SHERIFF’S POLICY MANUAL employees in a proactive manner and is not a form of discipline. [CALEA 35.1.9, CALEA- C 3.4.7] B. EIP is managed by the Employee Assistance Program (EAP) Manager who oversees all referrals within the program. EIP identifies employees using the following methods: 1. Observation: First-line supervisors identify behaviors suggesting an employee's current job functions are diminished and/or impaired. Supervisors will document their observations and discuss various available options with the employee. 2. Statistics: Statistical reports will be accomplished as follows: a. Although no particular set of criteria can determine job stress and/or performance problems, it is important that certain types of incidents be routinely reviewed as possible indicators of problematic behavior patterns. b. When employees are identified as reaching a certain threshold of incidents, based on a pre-determined set of criteria, an automated electronic alert will be generated to provide timely notification to command-level staff. c. This alert notification to command-level staff will include a memorandum and an Early Intervention Review form. This alert notification will be provided electronically through the Division of Internal Affairs’ computer program, BlueTeam, to the applicable district/division command. d. The EIP alert notification makes no conclusions or determinations concerning job stress, performance problems, or validity of any pending or active investigations of misconduct. The alert notification is designed as a resource to assist supervisors in evaluating and guiding employees. Division command should evaluate as many performance factors listed on the electronic Early Intervention Review form as possible/applicable when considering the need for any intervention. Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 5 of 10  SHERIFF’S POLICY MANUAL C. Command Responsibility: It is the responsibility of the district/division captain (or equivalent) to have a conference with the employee and complete the Early Intervention Review form. The updated Review form will be uploaded to the electronic alert and any action taken will be documented wherein an explanation of what occurred during the conference is captured. They will then forward the alert notification, within five working days, to their applicable major (or equivalent) who will be responsible to review, approve, and return the alert notification to Internal Affairs, copying the EAP manager. During the conference with the employee, it is the responsibility of the command to discuss the existence of the incidents that caused the alert and review all available intervention options. The EAP manager may be consulted as necessary for assistance. D. Examples of interventions may include training, psychological services, or other strategies developed in conjunction with the EAP manager. 3.18.5 Management Consultation: Supervisors and department/bureau directors may request technical assistance from EAP on: A. Personal management style and its psychological impact on their employees. B. Employee management problems existing in their command. C. Other problems related to their duties. 3.18.6 Training: In coordination with the Training Division, EAP will offer training resources to employees on: A. Stress management education B. Health management C. Relaxation skills D. Weight reduction and lifestyle management E. Smoking cessation workshops F. Substance abuse awareness groups Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 6 of 10  SHERIFF’S POLICY MANUAL G. Health and wellness programs H. Anger management I. Other programs as needed 3.18.7 Cost: A. EAP and voluntary referrals to mental health providers will be free to employees and their spouses (or registered domestic partners), children, and step-children regardless of insurance coverage. Free referrals will be provided to other family members; however they will be responsible for all treatment costs. B. BSO will assume the cost on cases using contracted providers for command- directed referrals. All command-directed referrals must be authorized via EAP. 3.18.8 Critical Incident Stress Debriefing Team (CISD): The Critical Incident Stress Debriefing Team is established to assist employees who, in the course of their duties, may become involved in a critical incident. A. Definitions: 1. Critical Incident: Any situation which has such profound emotional impact that it has the potential to interfere with an employee's ability to function. 2. Debriefing: A confidential meeting between employees involved in a critical incident and CISD Team usually following defusing. This meeting can be on an individual or group basis. It is used to inform and educate involved employees on stress-management techniques. It is not an operational critique; rather the focus is on assisting the employee or group with coping behaviors and techniques. 3. Defusing: A brief, confidential discussion between involved employees and peer debriefer immediately following a critical incident. It is used to restore involved employees' cognitive functioning and prepare them for future stress reactions resulting from the incident. 4. Peer Debriefer: A BSO member who has received a minimum of eight hours of approved training, with bi-annual updates. Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 7 of 10  SHERIFF’S POLICY MANUAL 5. Team Coordinator: Performs administrative duties of the CISD Team and manages its operation. This position is selected by the Sheriff and reports directly to the Executive Director of the Department where the incident has occurred performing CISD Team duties. B. Guidelines: 1. The CISD Team is not an investigative unit. The CISD Team will maintain strict confidentiality in matters involving emotional, financial, or personal concerns of involved employees pursuant to applicable laws. Any breach of this confidentiality may result in removal from the CISD Team and possible disciplinary action. 2. CISD Team members are not exempt from federal, state, or local laws or BSO rules and regulations. CISD Team members will advise any employee who is requesting their services concerning the limits of their confidentiality prior to engaging in any conversation. The CISD Coordinator will be contacted for assistance and guidance when necessary. 3. During individual discussions, there may be instances when discussions begin to focus on the incident rather than personal and emotional issues. At that time, the CISD Team will confer with the CISD Coordinator for further instructions. 4. The assigned peer debriefer will perform additional duties including follow- up sessions with the involved employee, as assigned by the CISD Coordinator. 5. It will be BSO policy not to question the CISD Team regarding any facts surrounding the critical incident debriefing or involved employees. C. CISD Team Organization: 1. The CISD Team will consist of at least 20 members. CISD Team members will be jointly selected by the CISD Coordinator and Department Executive Director or designee. CISD Team members must meet team guidelines Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 8 of 10  SHERIFF’S POLICY MANUAL and successfully complete peer training. Each team structure will include at least the following employees: a. Team Coordinator: A mental health professional who provides oversight and direction to other CISD Team members relating to their activities and ensures compliance to applicable policies and procedures. b. Peer Debriefers: Employees who form a majority of the CISD Team members. They provide stress education to involved employees and handle most of the individual contacts, defusing, and follow-up activities. Peer debriefers work actively in cooperation with the mental health professional during a formal debriefing. 2. Chaplain: The Chaplain will be considered a part of the CISD Team at the request of the Team Coordinator and included in training and other activities of the CISD Team. D. Activation: 1. It will be the responsibility of a shift commander and/or on-scene supervisor to immediately notify the CISD Team Coordinator of the following types of incidents via Communications: a. Deputy-related shooting b. Suicide of a member or employee c. Mass casualty incident or natural disaster d. Death, injury, or violence to a child e. Death of an inmate or detainee f. Riot g. Hostage situation h. Assault of employee Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 9 of 10  SHERIFF’S POLICY MANUAL i. Any incident where circumstances are so unusual or sights and sounds so distressing as to produce a high level of immediate or delayed emotional reaction 2. It will be the Team Coordinator's responsibility to provide Communications with an updated callout roster of CISD Team members. 3. CISD Team members should avoid direct involvement in the incident. 4. When a CISD Team member is requested by the proper authority to respond to a CISD callout during non-scheduled working hours, the member will be compensated as indicated in the applicable bargaining unit agreement, unless the member is classified as an "Exempt" employee (as defined by BSO). E. Debriefing: 1. It will be the CISD Team Coordinator's responsibility along with the on-scene commander to determine if a debriefing and/or defusing is needed and when such action will occur. 2. Any CISD Team member or employee can initiate a debriefing by contacting the CISD Team Coordinator. 3. Only CISD Team members involved in the critical incident will be permitted to attend the debriefing and/or defusing. F. Quarterly CISD Meeting: All CISD Team members will meet quarterly to discuss mutual issues and concerns, review CISD Team activities, and update training as needed. The CISD Team Coordinator will facilitate this meeting. Reviewed: 6/11/2020 Revised: 08/17/2020 Rescinds: 09/27/2016 Effective: 09/14/2020 3.18 Page 10 of 10