Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 9.4 DISCIPLINARY GUIDELINES: 9.4.1 PHILOSOPHY: A. This policy is intended to provide guidance for decision makers. It is not the intent of this policy to point out every possible act of misconduct or to ensure there is a specif...

SHERIFF’S POLICY MANUAL 9.4 DISCIPLINARY GUIDELINES: 9.4.1 PHILOSOPHY: A. This policy is intended to provide guidance for decision makers. It is not the intent of this policy to point out every possible act of misconduct or to ensure there is a specific policy or procedure to guide every action taken by an employee. It does not in anyway diminish the authority of the Sheriff or designee to administer any disciplinary action needed to protect and preserve order in BSO. B. Not all misconduct requires discipline. In some cases, nondisciplinary action may be more appropriate (formal or informal counseling, remedial training, etc.). The purpose of non-disciplinary action is to: [CALEA-C 3.6.5] 1. Inform the employee of a potential problem that may result in discipline if the conduct is repeated. 2. Correct misconduct before it becomes significant. 3. Advise the employee of expected conduct. C. Discipline should be corrective not punitive; however, some misconduct is not correctable through discipline. Certain acts may immediately render an employee unsuitable for continued employment. In these cases, other options including termination, must be considered. [CALEA-C 3.6.5] D. Repeated violations of rules and regulations or other employee misconduct which denotes little or no regard for BSO's obligations will be cause for termination. [CALEA-C 3.6.5] E. Authority to terminate an employee will be vested with the Sheriff or designee regardless of: [CALEA-C 3.6.5] 1. Severity of the offense 2. Reckoning period - The time period in which prior, same, similar, or a combination of misconduct may be used for the purposes of recommending proper discipline. Reviewed: 11/28/2022 Revised: 04/10/2023 Rescinds: 05/23/2016 Effective: 05/04/2023 9.4 Page 1 of 5  SHERIFF’S POLICY MANUAL 3. Misconduct that is the same or of similar nature 9.4.2 APPLICATION: [CALEA-C 3.6.6] A. Employees will be expected to abide by all policies and procedures. Since each instance of misconduct is different, the Sheriff or designee retains the right to treat each offense individually, without creating a precedent for future cases. B. Recommended discipline may be modified by the Sheriff or designee including a lesser or more severe discipline if extenuating circumstances are found. The Sheriff or designee reserves the right to alter, amend, or eliminate the disciplinary process, unless governed by a specific CBA. 9.4.3 MANAGEMENT'S ROLE: [CALEA-C 3.6.6] A. Before determining discipline, the following should be completed: 1. Investigation and consideration of all relevant information 2. Verification of information 3. Consultation with applicable command staff 4. Facts analyzed thoroughly and objectively considering the employee's intent; past discipline and performance; truthfulness; infraction severity; acceptance of responsibility; and other relevant factors 5. A written summary B. If an investigation indicates that an employee may be terminated, the employee will be suspended with or without pay or placed in a restricted administrative assignment, pending the investigation's conclusion, and accompanying disciplinary recommendation of the employee's district/division commander. 9.4.4 DISCIPLINARY LEVELS: All infractions will be categorized into two levels, Category I infractions or Category II infractions. [CALEA-C 3.6.5] Reviewed: 11/28/2022 Revised: 04/10/2023 Rescinds: 05/23/2016 Effective: 05/04/2023 9.4 Page 2 of 5  SHERIFF’S POLICY MANUAL A. Category I Level: Discipline consists of written reprimand, a five (5) day suspension or less, re-training, or reassignment with no salary change. B. Category II Level: Discipline consists of a six (6) day or greater suspension, demotion or termination. C. “Admit it and Move On” Option for Category I infractions that can be handled at the command level: With the approval of the Captain of Internal Affairs, command has the option to offer an “Admit It and Move-On” alternative. The intent of this option is to permit employees and command to expeditiously resolve a complaint when the employee is willing to admit the infraction and “move on”. This option cannot be appealed. This option cannot be used for Category II infractions or progressive discipline violations. Employees are not obligated to accept the “Admit It and Move-On” option. Command cannot impose harsher discipline as retribution for not accepting the “Admit It and Move-On” policy. The maximum discipline an employee can receive in this category is a written reprimand. Other options include verbal/written counseling, and/or additional training/re-training. [CALEA-C 3.6.6] D. In general terms, a Category I infraction will have a one (1) year reckoning period and a Category II infraction, five (5) years. Those misconduct acts that may be between a Category I and a Category II violation will have a three (3) year reckoning period. 9.4.5 PROGRESSIVE DISCIPLINE: [CALEA-C 3.6.5] A. Discipline should follow a progressive step method and used if supervisors can reasonably anticipate discipline will be effective. Formal progressive disciplinary steps are: 1. Counseling (predisciplinary) Note: Counseling is not considered discipline. 2. Written reprimand 3. Disciplinary Suspension without Pay 4. Salary-step reduction Reviewed: 11/28/2022 Revised: 04/10/2023 Rescinds: 05/23/2016 Effective: 05/04/2023 9.4 Page 3 of 5  SHERIFF’S POLICY MANUAL 5. Demotion 6. Termination B. Some formal progressive step methods may be by-passed due to: 1. Seriousness of the misconduct 2. Frequency or length of time between occurrences 3. The employee's attitude, especially regarding the misconduct 9.4.6 DISCIPLINARY SUSPENSION WITHOUT PAY: 1. With the exception of Fire Rescue sworn staff, disciplinary suspensions will be issued in 1-day, 8 hours increments. 2. Unless given prior written approval by the Executive Director of Professional Standards and Investigations, disciplinary suspensions must be served consecutively. a. Requests for non-consecutive disciplinary suspensions must be made in writing through the applicable department executive director, via the employee’s chain of command, to the Executive Director of Professional Standards and Investigations. Additionally, requests for non-consecutive disciplinary suspensions must be supported by proof of a well-articulated financial reason as to why a consecutive suspension would create a financial hardship. 3. At the sole discretion, and with prior written approval, of the Executive Director of Professional Standards and Investigations, a portion of a disciplinary suspension may be served through a reduction of vacation accrual. 9.4.7 UNACCEPTABLE OFF-DUTY CONDUCT: Employees may be subject to discipline for inappropriate off-duty conduct up to and including termination if such conduct affects the public’s trust in BSO or causes substantial doubt concerning the employee’s honesty or ability to competently perform their official duties. Reviewed: 11/28/2022 Revised: 04/10/2023 Rescinds: 05/23/2016 Effective: 05/04/2023 9.4 Page 4 of 5  SHERIFF’S POLICY MANUAL 9.4.8 MEETINGS WITH EMPLOYEES: [CALEA-C 3.6.6] A. A critical step in this process is the meeting between the appropriate supervisor and employee. The meeting's goal is to correct misconduct and prevent similar misconduct by: [CALEA-C 3.6.5] 1. Classifying misconduct into its proper category 2. Handling Category I policy infractions at the division level 3. Maintaining a commitment to the philosophy of progressive discipline 4. Giving full consideration to mitigating and aggravating circumstances. If mitigating or aggravating factors are present, the disciplinary measure may be adjusted appropriately. B. All disciplinary/corrective action taken will be documented in a memorandum. Entries should include: 1. Date and time of the event 2. Brief synopsis 3. Name of the supervisor entering the information 4. Action taken C. Supervisors will discuss all entries with the employee. No entry should be made into any log system without the employee's acknowledgment. D. Supervisors will properly document an event. Lack of documentation may result in an event being precluded from future consideration. E. Any performance-related documentation maintained for consideration by supervisors will be maintained for no more than one (1) year from date of issuance. F. With the exception of the Sheriff or designee, any reviewing entity changing a supervisor's recommendation must provide written justification for the change. Reviewed: 11/28/2022 Revised: 04/10/2023 Rescinds: 05/23/2016 Effective: 05/04/2023 9.4 Page 5 of 5