Disciplinary procedures.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 26.105 DISCIPLINARY PROCEDURES 7.02 Revised: March 1, 2022 I. PURPOSE: The purpose of this departmental standards directive is to establish disciplinary procedures and guidelines for the Department in order to maintain the hig...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 26.105 DISCIPLINARY PROCEDURES 7.02 Revised: March 1, 2022 I. PURPOSE: The purpose of this departmental standards directive is to establish disciplinary procedures and guidelines for the Department in order to maintain the highest standards of professional conduct for all employees. II. POLICY: It is the policy of the Department to follow a system of discipline that is fair, equitable, and consistent for all employees and responsive to legitimate public concerns. There is a preference for utilization of progressive discipline whenever appropriate, beginning with supervisory coaching along with remedial training. When imposing disciplinary action, the seriousness of the offense, the impact on Department operations and the employee’s past performance shall be considered. 10.04 III. PROCEDURE: A. DISCIPLINARY STEPS: 1. Although it is generally preferred to improve an employee’s performance with supervisory coaching and training, a supervisor may find it necessary to address an employee’s misconduct and/or poor performance with discipline. 2. Factors that determine the level of discipline that is appropriate include, but are not limited to, the following: a. Time intervals between incidents. b. Overall work performance. c. Previous discipline. d. The seriousness of the violation. e. The impact on Department operations. 3. Although discipline may result from complaint investigations, the burden of employee discipline most often rests at the level of the first line supervisor. 4. Any non-supervisory employee who views a violation by another employee of the Department shall report the violation to his/her supervisor. Effective: May 1, 1982 Revised: March 1, 2022 Disciplinary Procedures Directive No. 26.105 Page 1 of 5 5. Supervisors shall follow the steps outlined in Department Departmental Standards Directive 52.100 Complaint Investigations regarding documentation, notifications, and investigations of complaints. 6. Often the immediate supervisor initiates disciplinary actions, but the final authority to approve a disciplinary action depends on the level of discipline recommended. 7. When circumstances permit, the Department will follow the concept of progressive discipline by administering gradually increasing disciplinary actions for each successive instance of employee misconduct. However, it is possible that the seriousness of an offense may justify a suspension, demotion, or termination for the first form of discipline recommended. 8. Each level of progressive discipline shall be fully documented and placed in the employee’s personnel file. Supervisory coaching will be documented in the evaluation system and used for evaluation. 7.05 9. Because incidents of misconduct and employee histories are rarely identical, the Department reserves the right to treat each occurrence on an individual basis without establishing a precedent. 10. The chief of police shall review all forms of discipline, except for memoranda of counseling before they are dispensed. 11. Supervisory coaching requires no additional approval other than the supervisor conducting the coaching. B. ROLE AND AUTHORITY OF SUPERVISORS: 1. The role of supervisors, especially first-line supervisors, is crucial in the disciplinary process. 2. Supervisors are accountable for the activities of employees under his/her immediate command. 3. First-line supervisors have the best opportunity to observe the conduct and appearance of employees and detect those instances when training, supervisory coaching, or disciplinary actions are warranted. 10.04 4. Depending on the incident or type of discipline involved, the roles and/or authority of supervisors may change. 5. All supervisory levels have the role of trainer along with the authority to conduct remedial training of employees under his/her command. 6. Any applicable City policies and procedures not preempted by a collected bargaining agreement or state statute shall be followed in handling discipline. Effective: May 1, 1982 Revised: March 1, 2022 Disciplinary Procedures Directive No. 26.105 Page 2 of 5 C. TYPES OF ACTION/AUTHORITY TO APPROVE: 7.02 1. SUPERVISORY COACHING: 7.02 a. Supervisory coaching involves pre-discipline or non-disciplinary intervention when a supervisor meets with an employee under his/her supervision to discuss shortcomings and/or less than acceptable levels of performance. b. While a record of supervisory coaching will be maintained for evaluation purposes by the immediate supervisor, for the given rating period only, it will not be maintained in the employee’s file. 2. MEMORANDUM OF COUNSELING (MOC): 7.02 a. The memorandum of counseling is a document indicating the details of policy violations or infractions and is placed in the employee’s personnel file. The purpose of the MOC is to enable the supervisor to bring to the employee’s attention the need to improve his/her performance, work habits, behavior, or attitude, and to serve as a warning against repetition of the unsatisfactory conduct. b. The division commander must approve a MOC before it is issued to an employee, even though the MOC may be initiated and written by the immediate supervisor. 7.03 c. The MOC shall be prepared in memorandum format from the supervisor to the employee through his/her chain of command. d. MOCs shall include the concerned employee’s name, the summary of incident, the policy violation(s), and the disciplinary action. e. The employee shall initial and date the MOC when received. The original signed MOC is sent to the division/bureau secretary who will distribute the copies and send the original document to the Human Resources Department. 3. LETTER OF REPRIMAND (LOR): 7.02 a. A Letter of Reprimand is usually used for more serious or repeated policy violations. b. LORs shall require the approval of the chief of police before being issued to the employee. 7.03 c. The LOR shall be prepared in memorandum format from the supervisor to the employee through his/her chain of command. 7.03 d. LORs shall include the concerned employee’s name, the summary of the incident, the policy violation(s), and the disciplinary action. Effective: May 1, 1982 Revised: March 1, 2022 Disciplinary Procedures Directive No. 26.105 Page 3 of 5 e. The employee shall initial and date the LOR when received. The original signed LOR is sent to the division/bureau secretary who will distribute the copies and send the original document to the Human Resources Department. 4. SUSPENSION: 7.02 a. Suspension is for serious violations of policy and/or repeated policy violations. b. Suspension occurs at the discretion of, and with the recommendation of, the chief of police and the approval of the City Manager or his/her designee. Because the loss of an employee’s presence on the job creates a burden on the staff, suspensions may take the form of loss of accrued leave from the employee’s leave account in accordance with Department policy and procedures at the discretion of the Chief of Police and in accordance with the provisions of the appropriate article in the Agreement between the City of Boca Raton and the Fraternal Order of Police Lodge 35 7.03 c. Documentation of a suspension shall be placed in the employee’s personnel file. d. Suspended employees shall be under the restrictions and requirements set forth in Departmental Standards Directive 22.100 Compensation, Benefits, and Conditions of Work administrative leave. 5. DEMOTION: 7.02 a. A demotion is used as a form of discipline for employees of rank who commit serious policy violations or repeat policy violations. b. A demotion must be deemed to be in the best interest of the Department and must be recommended by the chief of police or his/her designee and approved by the City Manager or his/her designee. 7.03 c. A voluntary demotion shall be so designated and not deemed a disciplinary action. 6. TERMINATION: 7.02 a. Termination may be used for extremely serious policy violations, repeated policy violations after other forms of discipline have failed, or violations of city ordinances, State Statute, or Federal law. b. Terminations must be recommended by the chief of police or his/her designee and approved by the City Manager or his/her designee. 7.03 Effective: May 1, 1982 Revised: March 1, 2022 Disciplinary Procedures Directive No. 26.105 Page 4 of 5 D. APPEAL PROCEDURES: 7.06 1. Civilian employees who desire to appeal disciplinary actions shall be guided by Article 16 of the City’s Personnel Rules and Regulations. Law enforcement officers who are members of the collective bargaining unit may elect to grieve disciplinary actions in accordance with the Agreement between the City of Boca Raton and the Fraternal Order of Police, Lodge 35. Approved: Michele Miuccio Chief of Police Effective: May 1, 1982 Revised: March 1, 2022 Date: Disciplinary Procedures Directive No. 26.105 Page 5 of 5