General Order 24-26 Manual Section 06-03 - Disciplinary Action.pdf

METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 1 OF...

METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 1 OF 15 TO: ALL MEMBERS OF THE DEPARTMENT SUBJECT: MANUAL SECTION 06-03 – DISCIPLINARY ACTION The attached MTA Police Department Manual 06-03 – Disciplinary Action is effective immediately. Revision to Manual Section 06-03 includes the following: Page 1, I Purpose - revised To provide guidelines to Members regarding the initiation, administration of penalties associated with the violations or misconduct, and recording of the disciplinary action. Page 1. II Policy paragraph 1 – added It is the policy of the Department that disciplinary actions against Members must be carried out in a consistent and fair manner. To ensure fairness and consistency, the Department has developed a Discipline Matrix that outlines the violations/misconduct and corresponding penalties. In addition, the Department will revise this policy when implementation of discipline has changed as required by laws or when it is necessary to add or remove violation(s)/misconduct in the Discipline Matrix. Page 1. II Policy paragraph 2 – added Command Staff and Supervisors conducting disciplinary investigation against Members shall use the Discipline Matrix in determining the penalty for the violation/misconduct. Page 1. II Policy paragraph 3 – added This policy shall not conflict with applicable laws or Collective Bargaining Agreement. In the event there is a conflict, the applicable laws or Collective Bargaining Agreement shall be followed in processing the disciplinary actions.  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 2 OF 15 Page 1. II Policy paragraph 4 – added Every Members is reminded that a disciplinary action(s) against him/her may have an impact on his/her future internal position application or removal from the internal position within the Department, which includes but not limited to, special assignments, appointed positions by the Chief of Police, and any entitlement/benefits that comes with the position. Page 1. II Policy C. Probationary Police Officers – added C. Probationary Police Officers 1. Members in their probationary period will be subject to termination for any of the following violations or misconduct: Association or Involvement in criminal activity Members involved in a domestic incident with aggravating factors (e.g., injuries, harassment, stalking, Order of Protection violation, etc.) Providing written/verbal false or misleading statement(s). Insubordination. Poor performance or inability to complete basic course of police officers. Impeding an official Department investigation. Any misconduct in which a tenured Member would receive more than 40 hours punishment. Page 3, III Definitions Discipline Matrix - added A disciplinary method using the progressive discipline principle. It outlines the violations or misconduct with the corresponding penalties to ensure consistency and fairness. In addition, the discipline matrix will provide transparency for the expected penalties of the violations or misconduct. The matrix will be updated as necessary to reflect applicable articles that are settled in the Collective Bargaining Agreement and/or newly enacted laws.  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 3 OF 15 Presumptive Penalty - added Is the assumed penalty that is generally deemed appropriate for the first instance of a specific violation or misconduct committed by the Member. It will serve as the starting point for analysis during the penalty phase and will include any mitigating or aggravating factors that may be relevant for future disciplinary action. Verbal Instruction - added An oral instruction given by a Supervisor to a Member on the proper performance of duty. In addition, the instruction given to the Member shall be documented in Digital Memorandum Book and the Internal Affairs Bureau database. Progressive Discipline - added A disciplinary action that may be imposed on the Member to correct any behavior and/or performance deficiencies. The process involves a series of steps that may be a form of training and/or counseling to improve the Member’s behavior and/or performance. Each step of the process will be documented on the Member’s disciplinary record which includes but not limited to: opportunities provided to the Member, response of the Member on each step of the process, training, counseling, and recommendations. Letter of Instruction (Form 54) - added A formal document issued by the Supervisor to the Member specifying the minor violations committed and the corrective actions that need to be taken. The letter will serve as an official record that the Member has been advised and was provided with the proper guidance. Letters of instruction will remain in the Member’s personnel record for a period of one (1) year from the date of issuance and will be removed permanently unless the Member commits another violation and/or misconduct within that period.  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 4 OF 15 Disciplinary History - added A Member’s disciplinary history will be considered when assessing the appropriate penalty. The following are the factors to be considered in determining the relevance of prior discipline that will impact the penalty that will be given: The number of prior disciplinary events. The nature and seriousness of prior disciplinary events. Whether the same violation or misconduct was committed. Any disciplinary history indicative of a pattern of behavior or demonstrating an inability or unwillingness to follow the Department standards and regulations. Time elapsed between prior discipline and current violation or misconduct. Page 3, IV Procedures A. 1, a - revised a. Report the observation or knowledge of a violation or possible violation of the Department Manual or Department Orders and Directives to an immediate Supervisor without delay and make a Digital Memorandum Book entry to record such notification. Page 3, IV Procedures A. 2, c - revised c. When a violation is personally observed, make an entry in the violator’s Digital Memorandum Book indicating the date, time, and brief description of the violation. Verbal Instruction(s) shall be given to the Member on proper performance and/or procedure and indicate this in the Member’s Digital Memorandum Book. Email IAB at [email protected] and request to make a data entry for the Verbal Instruction(s) given to the Member. Include the following in the email: name and BSC no. of the Supervisor, name and BSC no. of the Member, date & time, location, and instruction(s) given to the Member. Page 3, IV Procedures A. 2, e, ii - revised ii. For Command Disciplines or violations requiring an Investigative Report, indicate the charge and specifications of each violation and reference the Manual, order, policy, or directive including the article, section, paragraph, and page. In addition, include the corresponding penalties for the violation or misconduct using the Discipline Matrix.  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 5 OF 15 Page 3, IV Procedures A. 3, b - revised b. Consider the facts and circumstances of the allegation and the Member’s past disciplinary record in order to determine the appropriate action to be taken. This may include upgrading a Letter of Instruction to a Command Discipline or upgrading the charge to a Notice of Intent to Discipline. The following shall be considered when reviewing the Letters of Instruction, Command Disciplines, and Investigative Reports: Page 3, IV Procedures A. 3, b, i - added i. Mitigating factors or considerations that may lessen the severity, culpability, or consequences of the violation or misconduct that is charged against the Member(s) may include but are not limited to: Member’s lack of knowledge, training, or experience Member is in a situation that is unpredictable, volatile in nature, and beyond his/her control Member’s state of mind at the time of the incident (e.g., there is no intent to commit the violation or misconduct, etc.) Member’s positive employment history (e.g., accomplishments, recognitions, etc.) The violation or misconduct has a minor or limited impact on the mission of the Department Member’s potential to be rehabilitated Member’s attempt to de-escalate the situation at the time of the incident Member’s acceptance of responsibility  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 6 OF 15 Page 3, IV Procedures A. 3, b, ii - added ii. Aggravating factors or circumstances that may increase the severity, culpability, or consequences of the violation or misconduct that is charged against the Member may include but not limited to: The Member involved has the training, knowledge, and experience to appropriately address the incident The Member’s disciplinary history with the Department (e.g., history of committing similar violations or misconduct) The Member involved in the incident has ample time to think or discuss with a Supervisor before making any decision and taking any actions Member failed to turn on the BWC to conceal the violation or misconduct Member’s actions demonstrate bias, prejudice, harassment, retaliatory conduct, and/or reckless disregard for the well-being of another person The Member is motivated by personal interest, gain, or he/she has received a personal benefit from the violation or misconduct The Member failed to de-escalate the situation The nature and extent of any property damage caused by the Member. Member exhibits a lack of cooperation with the investigation. Member shows low probability for rehabilitation. Member’s action creates a negative impact to the Department that greatly affects the public trust. Member’s willful misuse of technology that has no legitimate law enforcement purpose in order to cover-up the violation or misconduct.  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 7 OF 15 Page 3, IV Procedures A. 3, c - added c. Consult with the next higher command and/or IAB Commanding Officer of the following disciplinary actions as necessary: i. The penalties that will be given for the violation or misconduct committed by the Member. Refer to the Discipline Matrix. ii. Recommend imposing a progressive discipline to correct the violation or misconduct. iii. Recommend for a Training Review. iv. Recommend downgrading the penalty to a Verbal Instruction after considering the Member’s positive employment and disciplinary history. v. The criminal misconduct must be referred to the MTA Inspector General for investigation. vi. Recommend dismissing the disciplinary action against the Member due to charge being unfounded, unsubstantiated, or exonerated. Page 3, IV Procedures B. 1, c, iii - revised iii. When property is relocated, transferred, or moved for any reason from one location to another or when it is returned to the Member, the details shall be documented as a supplement to the original Department Incident Report and the chain of custody (transfer record) shall be documented on page 3 of Form 10. The form shall remain with the property until final disposition at which time it shall be forwarded to the Personnel and Records Section for filing.  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 8 OF 15 Page 14, V Discipline Matrix - added PRESUMPTIVE AGGRAVETED PENALTY MISCONDUCT MITIGATED PENALTY PENALTY ATTENDANCE LATENESS TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FAILURE TO KRONOS TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS KRONOS: SIGN IN OR OUT CHARGES CD UP TO 20 HOURS CD UP TO 40 HOURS FOR ANOTHER MOS UP TO 100 HOURS CHARGES AWOL LETTER OF INSTRUCTION CD UP TO 40 HOURS UP TO 100 HOURS REPORT SICK AFTER DENIAL OF DAY AND CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS FAILURE TO PRODUCE UP TO 100 HOURS MEDICAL DOCUMENT FAIL TO REPORT SICK 1 TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS HOUR PRIOR TO TOUR ABSENCE FROM CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS RESIDENCE WHILE SICK UP TO 100 HOURS ABSENCE FROM MILITARY CHARGES CHARGES CD UP TO 40 HOURS DUTY WHILE ON LEAVE UP TO 100 HOURS UP TO 200 HOURS FAILURE TO REPORT TO CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS COURT APPEARANCE UP TO 100 HOURS ACCEPTING OT WHILE CD W/ TIME IN ABEYANCE CHARGES PRECLUDED FROM CD UP TO 40 HOURS EQUALING OT ACCEPTED UP TO 100 HOURS WORKING THE OT ALTERING PAYROLL TIME OFF CODES IN VIOLATION CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS OF TIME OFF REQUEST UP TO 100 HOURS POLICY  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 9 OF 15 AGGRAVETED MISCONDUCT MITIGATED PENALTY PRESUMPTIVE PENALTY PENALTY UNIFORM/APPEARANCE IMPROPER UNIFORM TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FAIL TO MAINTAIN NEAT TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS AND CLEAN APPEARANCE OBVIOUS NEGLECT OR CHARGES IMPROPER MODIFICATION LETTER OF INSTRUCTION CD UP TO 40 HOURS UP TO 100 HOURS OF SERVICE WEAPON VIOLATION OF PG SECTION TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS 2-04 PERSONAL HYGIENE EQUIPMENT VIOLATIONS LOSS OF: PARKING PLAQUE LETTER OF INSTRUCTION CD UP TO 40 HOURS CD UP TO 40 HOURS CAP DEVICE METROCARD/RAIL PASS LOSS OF: IDENTIFICATION CARD POLICE SHIELD CHARGES CD UP TO 40 HOURS CD UP TO 40 HOURS BODY WORN CAMERA UP TO 100 HOURS DEPARTMENT PHONE POLICE RADIO CHARGES CHARGES LOSS OF WEAPON CD UP TO 40 HOURS UP TO 100 HOURS UP TO 100 HOURS UNAUTHORIZED MATERIAL ON LOCKER OR OCCUPYING MORE THAN ONE LOCKER TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS W/OUT PERMISSION FROM CO GENERAL CONDUCT ABSENCE FROM MEAL TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS LOCATION FAILURE TO MAKE PROPER DIGITAL MEMO BOOK TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS ENTRIES IMPROPER/OMITTED DIGITAL MEMO BOOK LETTER OF INSTRUCTION CD UP TO 40 HOURS CD UP TO 40 HOURS ENTRIES  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 10 OF 15 AGGRAVETED MISCONDUCT MITIGATED PENALTY PRESUMPTIVE PENALTY PENALTY FAILURE TO REPORT TO CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS TRAINING UP TO 100 HOURS SMOKING IN UNIFORM TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS BUNCHING/UNNECESSARY TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS CONVERSATION FAIL TO LOCK/SAFEGUARD TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS RMP ABSENCE FROM POST TRAINING/ IA PRO ENTRY LETTER OF INSTRUCITON CD UP TO 40 HOURS FAIL TO RESPOND TO RADIO CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS CALL UP TO 100 HOURS FAIL TO MAINTAIN CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS DEPARTMENT VEHICLE UP TO 100 HOURS CARRYING PACKAGES OR CHARGES UNAUTHORIZED ARTICLES TRAINING/IA PRO ENTRY CD UP TO 40 HOURS UP TO 100 HOURS WHILE IN UNIFORM/RMP UNAUTHORIZED USE OF CHARGES TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION PERSONAL CELL PHONE UP TO 40 HOURS MINOR INSUBORDINATION CHARGES CD UP TO 40 HOURS CHARGES UP TO 100 HOURS (FAIL TO FOLLOW ORDERS) UP TO 100 HOURS FAIL TO NOTIFY SUPERVISOR CHARGES TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION WHEN LEAVING POST UP TO 40 HOURS GENERAL CONDUCT UNAUTHORIZED PERSON IN CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS DEPARTMENTVEHICLE HOURS UNAUTHORIZED USE OF LETTER OF INSTRUCTION CD UO TO 40 HOURS CHARGES DEPARTMENT VEHICLE UNAUTHORIZED PERSON IN CHARGES UP TO LETTER OF INSTRUCTION CD UP TO 40 HOURS DEPARTMENT FACILITY 100 HOURS LITTERING IN MTAPD TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FACILITY FAILURE TO PROVIDE SHIELD CHARGES UP TO 100 NUMBER TO PERSON LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS REQUESTING  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 11 OF 15 PRESUMPTIVE AGGRAVETED MISCONDUCT MITIGATED PENALTY PENALTY PENALTY FAILURE TO SALUTE SUPERIOR TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS OFFICER AND/OR THE COLORS FAILURE TO NOTIFY DEPARTMENT OF ADDRESS, TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS PHONE OR SOCIAL CONDITION CHANGES FAILURE TO SECURE CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS DEPARTMENT LOCKER HOURS FAILURE TO PERFORM OR CHARGES UP TO 100 CHARGES UP TO 200 IMPROPER PERFORMANCE OF CD UP TO 40 HOURS HOURS HOURS PATROL FAILURE TO TAKE ANY POLICE CHARGES UP TO 100 CHARGES UP TO 200 CD UP TO 40 HOURS ACTION HOURS HOURS FAILURE TO TAKE CHARGES UP TO 100 APPROPRIATE ENFORCEMENT LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS ACTION FAILURE TO OBTAIN MEDICAL CHARGES UP TO 100 CHARGES UP TO 200 ATTENTION FOR AN AIDED CD UP TO 40 HOURS HOURS HOURS PERSON FAILURE TO SUBMIT REPORTS TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS IN A TIMELY FASHIION CHARGES UP TO 100 FAILURE TO ACTIVATE BWC LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS LATE BWC ACTIVATION TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FAILURE TO REPORT USE OF CD UP TO 20 HOURS CD UP TO 40 HOURS CHARGES FORCE LACK OF KNOWLEDGE OF CHARGES UP TO 40 CONDITIONS IN ASSIGNED TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION HOURS SECTOR DISCOURTESY OR RUDENESS CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS TO A CIVILIAN HOURS FAILURE TO SAFEGUARD CHARGES UP TO 100 CHARGES UP TO 200 CD UP TO 40 HOURS PRISONER HOURS HOURS  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 12 OF 15 PRESUMPTIVE AGGRAVETED MISCONDUCT MITIGATED PENALTY PENALTY PENALTY GENERAL CONDUCT MEMBERS SHALL NOT CHARGES UP TO 100 CHARGES UP TO 200 ENGAGE IN ILLEGAL CD UP TO 40 HOURS HOURS HOURS GAMBLING OPERATIONS CARD GAMES/GAMES OF CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS CHANCE IN DEPARTMENT HOURS CONDUCT PREJUDICIAL TO CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS GOOD ORDER HOURS UNAUTHORIZED SECONDARY CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS EMPLOYMENT HOURS SECOND NON-PREVENTABLE LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES MVA TRAINING/GROUNDED UNSAFE OPERATION OF RMP TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS ILLEGALLY PARKED RMP LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES IMPROPER STOP AND TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS QUESTION OF A PERSON IMPROPER STOP OF A TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS VEHICLE IMPROPER SEARCH OF A TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS VEHICLE FAILURE TO PROCESS A LETTER OF INSTRUCTION CD UP TO 40 HOURS CD UP TO 100 HOURS CIVILIAN COMPLAINT ACCIDENTAL DISCHARGE OF TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS TASER (NO INJURIES) ACCIDENTAL FIREARM LETTER OF INSTRUCTION/ CHARGES UP TO 100 CD UP TO 40 HOURS DISCHARGE (NO INURIES) TRAINING HOURS FAILURE TO NOTIFY CHARGES UP TO 100 DEPARTMENT OF LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS ACQUISITION OF FIREARM USE OF UNAUTHORIZED CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS AMMUNITION HOURS FAILURE TO PROPERLY CHARGES UP TO 100 CHARGES UP TO 200 CD UP TO 40 HOURS VOUCHER PROPERTY HOURS HOURS SLEEPING ON DUTY WHILE IN CD UP TO 40 HOURS CHARGES/SUSPENSION CHARGES/SUSPENSION PUBLIC VIEW CHARGES UP TO 100 FAILURE TO SUPERVISE LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 13 OF 15 MITIGATED AGGRAVETED MISCONDUCT PRESUMPTIVE PENALTY PENALTY PENALTY GENERAL CONDUCT UNAUTHORIZED RADIO LETTER OF CHARGES UP TO 100 CD UP TO 40 HOURS TRANSMISSION INSTRUCTION HOURS UNAUTHORIZED USE OF LETTER OF CHARGES UP TO 100 VIDEO/AUDIO RECORDING CD UP TO 40 HOURS INSTRUCTION HOURS EQUIPMENT ON MTA PROPERTY POSSESSION OF INTOXICANTS IN CD UP TO 20 HOURS CD UP TO 40 HOURS CHARGES DEPARTMENT VEHICLE/FACILITY ENTERING PREMISES WHERE INTOXICANTS ARE SOLD EXCEPT CD UP TO 20 HOURS CD UP TO 40 HOURS CHARGES FOR MEAL OR OFFICIAL DUTY KNOWINGLY ALLOW ANOTHER MEMBER TO PERFORM DUTY CD UP TO 40 HOURS CHARGES UP T0 100 HOURS CHARGES WHILE IN UNFIT CONDITION HOLD ELECTED PUBLIC OR POLITICAL POSITION WITHOUT CHARGES CHARGES CHARGES APPROVAL FROM CHIEF OF POLICE PLACING POLITICAL SUPPORT LETTER OF ADVERTISEMENT ON RMP OR CD UP TO 40 HOURS CHARGES INSTRUCTION MTA PROPERTY FINANCIALLY COMMITTING THE LETTER OF MTAPD WITHOUT APPROVAL OF CD UP TO 40 HOURS CHARGES INSTRUCTION CHIEF OF POLICE USE OF PRIVATELY OWNED VEHICLE WHILE ON DUTY LETTER OF CD UP TO 40 HOURS CHARGES WITHOUT PERMISSION OF INSTRUCTION CAPTAIN/ABOVE VIOLATION OF ALL AGENCY LETTER OF CD UP TO 40 HOURS CHARGES SOCIAL MEDIA POLICY INSTRUCTION FAIL TO PATROL THE ENTIRE LETTER OF LENGTH OF TRAIN WHILE ON CD UP TO 40 HOURS CHARGES INSTRUCTION TRAIN PATROL CALL OVER PWT/SECURITY LETTER OF INSPECTION WITHOUT CD UP TO 40 HOURS CHARGES INSTRUCTION PHYSICALLY CONDUCTING  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 14 OF 15 MISCONDUCT MITIGATED PENALTY PRESUMPTIVE PENALTY AGGRAVETED PENALTY OPERATION OF RMP FIRST PREVENTABLE LETTER OF INSTRUCTION/ CD UP TO 40 HOURS TRAINING MVA TRAINING/GROUNDED TRAINING/GROUNDED SECOND PREVENTABLE LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES MVA WITHIN 3 YEARS TRAINING/GROUNDED TRAINING/GROUNDED TRAINING/GROUNDED THIRD PREVENTABLE CD UP TO 40 HOURS CHARGES CHARGES MVA WITHIN 3 YEARS TRAINING/GROUNDED TRAINING/GROUNDED TRAINING/GROUNDED FIRST NON- TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS PREVENTABLE MVA SECOND NON- LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES PREVENTABLE MVA TRAINING/GROUNDED TRAINING/GROUNDED TRAINING/GROUNDED UNSAFE OPERATION OF LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES RMP TRAINING/GROUNDED TRAINING/GROUNDED TRAINING/GROUNDED ILLEGALLY PARKED RMP TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FAIL TO REPORT RMP ACCIDENT IN TIMELY CD UP TO 40 HOURS CHARGES CHARGES MANNER USE OF FORCE EXCESSIVE USE OF FORCE RESULTING IN CHARGES CHARGES CHARGES PHYSICAL INJURY TO A PERSON EXCESSIVE USE OF FORCE WITH NO CHARGES CHARGES CHARGES INJURIES APPLICATION OF CHARGES CHARGES CHARGES CHOKEHOLD SITTING, STANDING OR KNEELING ON A CHARGES CHARGES CHARGES PERSON’S CHEST OR BACK UNAUTHORIZED USE OF FORCE RESULTING CHARGES CHARGES CHARGES IN INJURY OR NOT UNAUTHORIZED USE OF DEADLY PHYSICAL CHARGES CHARGES CHARGES FORCE RESULTING IN INJURY OR NOT  METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT GENERAL ORDER # 24-26 DATE ISSUED DATE EFFECTIVE REVISION # PAGE 09/24/24 Immediately N/A 15 OF 15 PRESUMPTIVE MISCONDUCT MITIGATED PENALTY AGGRAVETED PENALTY PENALTY SERIOUS MISCONDUCT MAJOR INSUBORDINATION SUSPENSION/ SUSPENSION/ SUSPENSION/ (REFUSE TO FOLLOW ORDERS) TERMINATION TERMINATION TERMINATION POSITIVE RANDOM DRUG SUSPENSION/ SUSPENSION/ SUSPENSION/ SCREENING TEST TERMINATION TERMINATION TERMINATION CRIMINAL SUSPENSION/ SUSPENSION/ SUSPENSION/ ASSOCIATION/AFFILIATION TERMINATION TERMINATION TERMINATION WITH HATE GROUPS ACCESSING/DISCLOSING CONFIDENTIAL SUSPENSION/ CHARGES CHARGES INFORMATION WITHOUT TERMINATION POLICE NECESSITY FALSE ENTRIES IN SUSPENSION/ DEPARTMENT CHARGES CHARGES TERMINATION RECORDS/REPORTS FALSE OR MISLEADING STATEMENTS IN AN SUSPENSION/ SUSPENSION/ SUSPENSION/ OFFICAL DEPARTMENT TERMINATION TERMINATION TERMINATION INVESTIGATION UNFIT FOR DUTY REFER TO CBA REFER TO CBA REFER TO CBA IMPEDING OFFICIAL SUSPENSION/ SUSPENSION/ SUSPENSION/ DEPARTMENT TERMINATION TERMINATION TERMINATION INVESTIGATIONS All Members are responsible for familiarizing themselves with the manual. Attachment: Section 06-03 – Disciplinary Action (21 pages). Authority: John J. Mueller JJM/vc Chief of Police G/O # 24-26 DEPARTMENT MANUAL SECTION # 6-03 DISCIPLINARY ACTION Date Issued Revision Date NYSLEAS # Page 1 of 21 June, 2002 Sept, 2024 2.3, 7.1, 14.4, 25.1, 25.2 I. PURPOSE To provide guidelines to Members regarding the initiation, administration of penalties associated with the violations or misconduct, and recording of the disciplinary action. II. POLICY It is the policy of the Department that disciplinary actions against Members must be carried out in a consistent and fair manner. To ensure fairness and consistency, the Department has developed a Discipline Matrix that outlines the violations/misconduct and corresponding penalties. In addition, the Department will revise this policy when implementation of discipline has changed as required by laws or when it is necessary to add or remove violation(s)/misconduct in the Discipline Matrix. Command Staff and Supervisors conducting disciplinary investigation against Members shall use the Discipline Matrix in determining the penalty for the violation/misconduct. This policy shall not conflict with applicable laws or Collective Bargaining Agreement. In the event there is a conflict, the applicable laws or Collective Bargaining Agreement shall be followed in processing the disciplinary actions. If the violation or misconduct is found substantiated during the investigation, the Chief of Police may issue the discipline and penalty depending on the violation or misconduct committed by the Member. Criminal misconduct may be referred to the appropriate investigating office recommended by the MTA Inspector General. Every Member is reminded that a disciplinary action(s) against him/her may have an impact on his/her future internal position application or removal from the internal position within the Department, which includes but not limited to, special assignments, appointed positions by the Chief of Police, and any entitlement/benefits that comes with the position. A. Suspension 1. The Chief of Police or his designee may authorize the suspension of a Member pending notification of the discipline to be assessed, if the Member’s retention in service is detrimental to the Member, another person, or the Authority. Some DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 2 of 21 examples of circumstances when the Chief of Police, or his designee, may suspend a Member include, but are not limited to, the following: a. The Member is indicted by a Grand Jury. b. The Member is arrested for a felony, misdemeanor, or violation. c. The Member refuses to perform assigned duties. d. The Member refuses an order of a Supervisor to answer questions concerning the performance of official duties. e. The Member is absent without leave for one day or more. f. The Member is unfit for duty due to the effects of intoxicants (refer to the MTA Federal Substance Abuse Policy for a definition of “intoxicants”). g. The Member performs any act or omission that impugns the integrity of the Department. 2. No Member shall be held out of service pending disciplinary charges for more than three months, except in the case of a Member who has been charged with a felony offense or because the Member has delayed the processing of the charges. After three months, the MTA is only obligated to restore a suspended Member to the payroll. The Department may still assess additional discipline, including but not limited to suspension, after the service of disciplinary charges. 3. The Chief of Police or his/her designee may determine whether or not to bring a Member back to modified duty within the 90-day period. Mitigating and aggravating factors or any adverse impact to the Department or applicable laws will be considered in determining the length of time a Member will be held out of service. The Department will ensure all efforts are made to return the Member as soon as possible to Modified duty or Full duty without unnecessary delay or undue hardship to the Member. 4. Police action taken by a suspended Member will be deemed outside the scope of his/her employment. 5. Members remain subject to the rules and regulations of the Department during suspension. Any violation may result in further disciplinary action. B. Command Discipline 1. Violations may not be processed through Command Discipline if any of the following circumstances exist: a. The Member concerned is on probation as a result of previous disciplinary proceedings; b. The Member concerned requests a Department trial; or DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 3 of 21 c. If in the opinion of the Chief of Police, or his designee, the interests of the Authority or the PBA are better served by imposition of the normal trial procedures. 2. Repeated violations of one or more of the incidents listed in Article 6 of the Agreement (Command Discipline) will automatically result in a Notice of Intent to Discipline. C. Probationary Police Officers 1. Members in their probationary period will be subject to termination for any of the following violations or misconduct:  Association or Involvement in criminal activity  Members involved in a domestic incident with aggravating factors (e.g., injuries, harassment, stalking, Order of Protection violation, etc.)  Providing written/verbal false or misleading statement(s).  Insubordination.  Poor performance or inability to complete basic course of police officers.  Impeding an official Department investigation.  Any misconduct in which a tenured Member would receive more than 40 hours punishment. III. DEFINITIONS Discipline Matrix A disciplinary method using the progressive discipline principle. It outlines the violations or misconduct with the corresponding penalties to ensure consistency and fairness. In addition, the discipline matrix will provide transparency for the expected penalties of the violations or misconduct. The matrix will be updated as necessary to reflect applicable articles that are settled in the Collective Bargaining Agreement and/or newly enacted laws. Presumptive Penalty Is the assumed penalty that is generally deemed appropriate for the first instance of a specific violation or misconduct committed by the Member. It will serve as the starting point for analysis during the penalty phase and will include any mitigating or aggravating factors that may be relevant for future disciplinary action. Verbal Instruction An oral instruction given by a Supervisor to a Member on the proper performance of duty. In addition, the instruction given to the Member shall be documented in Digital Memorandum Book and the Internal Affairs Bureau database. DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 4 of 21 Progressive Discipline A disciplinary action that may be imposed on the Member to correct any behavior and/or performance deficiencies. The process involves a series of steps that may be a form of training and/or counseling to improve the Member’s behavior and/or performance. Each step of the process will be documented on the Member’s disciplinary record which includes but not limited to: opportunities provided to the Member, response of the Member on each step of the process, training, counseling, and recommendations. Training Review A training will be given to the Member in lieu of discipline for the violation/misconduct committed. Training will be conducted by the Professional Development Section and will become part of the Member’s training record. Letter of Instruction (Form 54) A formal document issued by the Supervisor to the Member specifying the minor violations committed and the corrective actions that need to be taken. The letter will serve as an official record that the Member has been advised and was provided with the proper guidance. Letters of instruction will remain in the Member’s personnel record for a period of one (1) year from the date of issuance and will be removed permanently unless the Member commits another violation and/or misconduct within that period. Suspension When the Department temporarily separates a Member from the Department without pay. Disciplinary History A Member’s disciplinary history will be considered when assessing the appropriate penalty. The following are the factors to be considered in determining the relevance of prior discipline that will impact the penalty that will be given:  The number of prior disciplinary events.  The nature and seriousness of prior disciplinary events.  Whether the same violation or misconduct was committed.  Any disciplinary history indicative of a pattern of behavior or demonstrating an inability or unwillingness to follow the Department standards and regulations.  Time elapsed between prior discipline and current violation or misconduct. Command Discipline Discipline, not exceeding 40 working hour’s suspension, as described in Article 6 of the Collective Bargaining Agreement. Command Discipline will also cover any other violation not specifically listed in Article 6 that, in the opinion of the District / Unit Commanding Officer and subject to the approval by the next higher command, is appropriate for Command Discipline procedures. DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 5 of 21 Disciplinary Trials and Appeals Disciplinary action taken as described in accordance with Article 7 of the Agreement. Investigative Report A memorandum addressed to the Chief of Police and forwarded through the chain of command which includes all details and results of a specific investigation. Modified Duty When a Member is assigned to non-enforcement status and is not permitted to carry a firearm due to investigative, administrative, training, and/or legal proceedings. Notice of Intent to Discipline Memorandum outlining charges and specifications when formal charges are deemed to be more appropriate than Command Discipline or if any of the following circumstances exist:  The Member concerned is on probation as a result of previous disciplinary proceedings.  The Member concerned requests a departmental trial.  If, in the opinion of the Chief of Police, the interests of the Authority and/or the MTA Police Benevolent Association (PBA) are better served by imposition of formal trial procedures Violation For the purpose of this Section, the term violation shall include but is not limited to noncompliance with department orders, directives, regulations, policy and/or procedure. IV. PROCEDURES A. Reporting and investigation 1. Member a. Report the observation or knowledge of a violation or possible violation of the Department Manual or Department Orders and Directives to an immediate Supervisor without delay and make a Digital Memorandum Book entry to record such notification. b. In appropriate circumstances, observation or knowledge of a violation or possible violation may be reported to a Supervisor other than an immediate Supervisor or to the Internal Affairs Bureau (IAB). 2. Supervisor a. Direct any Member reporting a violation to submit without delay, a detailed report describing the violation. DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 6 of 21 b. When aware of misconduct or violation on the part of a Member, begin an immediate investigation. c. When a violation is personally observed, make an entry in the violator’s Digital Memorandum Book indicating the date, time, and brief description of the violation. Verbal Instruction(s) shall be given to the Member on proper performance and/or procedure and indicate this in the Member’s Digital Memorandum Book. Email IAB at [email protected] and request to make a data entry for the Verbal Instruction(s) given to the Member. Include the following in the email: name and BSC no. of the Supervisor, name and BSC no. of the Member, date & time, location, and instruction(s) given to the Member. d. Without delay, report violations of a critical or serious nature to the District Commanding Officer or Watch Commander in his/her absence. e. Based on the nature of the violation, prepare a Letter of Instruction (Form 54), a Command Discipline Report (Form 52), or an Investigative Report. i. A docket number must be obtained from IAB and entered on the appropriate document - Form 52, Form 54 or an Investigative Report related to a violation. If IAB is not available to issue a docket number, the number shall be obtained on the next business day by a relief Supervisor. ii. For Command Disciplines or violations requiring an Investigative Report, indicate the charge and specifications of each violation and reference the Manual, order, policy, or directive including the article, section, paragraph, and page. In addition, include the corresponding penalties for the violation or misconduct using the Discipline Matrix. iii. Form 52, Form 54, or the Investigative Report must be emailed to the District/Unit Commanding Officer and IAB at [email protected] by the end of the current tour. iv. If an investigation cannot be completed by the end of tour, the preliminary investigative reports shall be emailed to the District/Unit Commanding Officer and IAB at [email protected] by the end of the current tour. 3. District / Unit Commanding Officer a. Review all Letters of Instruction, Command Disciplines, and Investigative Reports. b. Consider the facts and circumstances of the allegation and the Member’s past disciplinary record in order to determine the appropriate action to be taken. This may include upgrading a Letter of Instruction to a Command Discipline or upgrading the charge to a Notice of Intent DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 7 of 21 to Discipline. The following shall be considered when reviewing the Letters of Instruction, Command Disciplines, and Investigative Reports: i. Mitigating factors or considerations that may lessen the severity, culpability, or consequences of the violation or misconduct that is charged against the Member(s) may include but are not limited to:  Member’s lack of knowledge, training, or experience  Member is in a situation that is unpredictable, volatile in nature, and beyond his/her control  Member’s state of mind at the time of the incident (e.g., there is no intent to commit the violation or misconduct, etc.)  Member’s positive employment history (e.g., accomplishments, recognitions, etc.)  The violation or misconduct has a minor or limited impact on the mission of the Department  Member’s potential to be rehabilitated  Member’s attempt to de-escalate the situation at the time of the incident  Member’s acceptance of responsibility ii. Aggravating factors or circumstances that may increase the severity, culpability, or consequences of the violation or misconduct that is charged against the Member may include but not limited to:  The Member involved has the training, knowledge, and experience to appropriately address the incident  The Member’s disciplinary history with the Department (e.g., history of committing similar violations or misconduct)  The Member involved in the incident has ample time to think or discuss with a Supervisor before making any decision and taking any actions  Member failed to turn on the BWC to conceal the violation or misconduct  Member’s actions demonstrate bias, prejudice, harassment, retaliatory conduct, and/or reckless disregard for the well-being of another person  The Member is motivated by personal interest, gain, or he/she has received a personal benefit from the violation or misconduct  The Member failed to de-escalate the situation DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 8 of 21  The nature and extent of any property damage caused by the Member.  Member exhibits a lack of cooperation with the investigation.  Member shows low probability for rehabilitation.  Member’s action creates a negative impact to the Department that greatly affects the public trust.  Member’s willful misuse of technology that has no legitimate law enforcement purpose in order to cover- up the violation or misconduct. c. Consult with the next higher command and/or IAB Commanding Officer of the following disciplinary actions as necessary: i. The penalties that will be given for the violation or misconduct committed by the Member. Refer to the Discipline Matrix. ii. Recommend imposing a progressive discipline to correct the violation or misconduct. iii. Recommend for a Training Review. iv. Recommend downgrading the penalty to a Verbal Instruction after considering the Member’s positive employment and disciplinary history. v. The criminal misconduct must be referred to the MTA Inspector General for investigation. vi. Recommend dismissing the disciplinary action against the Member due to charge being unfounded, unsubstantiated, or exonerated. d. Ensure Letters of Instruction and Command Disciplines are properly completed and signed. Email the copies to IAB at [email protected] and fax and email the copies to the PBA. i. File Letters of Instruction in the Member’s district personnel file along with any supporting documentation. ii. Negotiate the disposition of Command Disciplines with the Member and his/her PBA representative. iii. Document Command Discipline agreements on the Command Discipline Disposition Report (Form 53).  Have the Member and a witness sign and date the form.  Forward the original to IAB and file a copy in the Members district personnel file. iv. If the violation may not be processed through Command Discipline due to the Member requesting a Department DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 9 of 21 trial, document the request and process the discipline as a Notice of Intent to Discipline. v. When unable to reach an agreement on Command Disciplines with the Member and his/her PBA representative within 30 days:  Consult with IAB on details and format and prepare a memorandum addressed to the PBA indicating that an agreement was unreachable and the amount of discipline to be assessed by the Department.  Inform the PBA that the memorandum is forthcoming.  Forward a copy (and case information) to MTA Labor Relations for review and comment.  Upon approval by MTA Labor Relations, sign and mail the memo to the PBA and forward a signed copy to MTA Labor Relations and IAB. e. If necessary, coordinate the preparation of Notices of Intent to Discipline with IAB. Indicate the charge and specifications of each violation and reference the Manual, order, policy or directive including the article, section, paragraph and page. i. Forward the notice to be endorsed by the Chief of Police. ii. Upon endorsement by the Chief of Police, issue the notice to the violating Member and obtain his/her signature. When personal service is not possible, send the notice to the Member (and copy to the PBA) by certified mail, return receipt requested. iii. Negotiate a settlement of the discipline with the Member and his/her PBA representative. iv. When unable to reach an agreement within 30 days:  Consult with IAB on details and format and prepare a memorandum addressed to the PBA indicating that an agreement was unreachable and the amount of discipline to be assessed by the Department.  Inform the PBA that the memorandum is forthcoming.  Forward a copy (and case information) to MTA Labor Relations for review and comment.  Upon approval by MTA Labor Relations, sign and mail the memo to the PBA and forward a signed copy to MTA Labor Relations and IAB. f. Upon resolution, ensure copies of all Letters of Instruction, Command Disciplines and Notices of Intent to Discipline, including related DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 10 of 21 documents, are filed in the Member’s district personnel file and originals are forwarded to IAB. 4. Internal Affairs Bureau (IAB) a. Assign docket numbers and track all Letters of Instruction, Command Disciplines and Notices of Intent to Discipline. b. Consult with Commanding Officers on the preparation of forms, reports and memorandums related to discipline in the interest of maintaining consistency throughout the Department. c. Make notification and confirm payroll deductions related to discipline. d. Retain written records of disciplinary actions of Department members. Member Disciplinary file shall be held for 6 years from date of separation, IAB Investigation File shall be held for a total of 55 years. e. In accordance with 9 NYCRR Part 6056 – Central State Registry of Police Officers and Peace Officers, the Department shall immediately notify the NYS Division of Criminal Justice Services, by using the NYS DCJS web- based records management system, when a Member ceases to serve the Department and the reason for such, which shall include one the following: i. Leave of absence ii. Resignation iii. Removal iv. Removal for cause as defined in 6056.2(h) of 9 NYCRR part 6056 which includes the following:  Misconduct, includes: a. Criminal activity, whether or not criminally charged or prosecuted, regardless of where the act took place if said conduct would constitute an offense in New York, which is defined as: i. Any felony offense ii. Any sex offense or sexually violent offense as defined in article 6C of the Correction Law iii. All serious offenses as defined in subdivision 17 of section 265 of the Penal Law iv. Crimes involving official misconduct and obstruction of public servants as defined in article 195 of the Penal Law; crimes involving bribery of a public servant as defined in article 200 of the Penal Law; crimes involving perjury as defined in article 210 of the Penal Law; offenses DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 11 of 21 relating to judicial proceedings as defined in article 215 of the Penal Law v. Crimes involving forgery as defined in article 170 of the Penal Law; crimes involving false written statements as defined in article 175 of the Penal Law; crimes involving fraud as defined in article 190 of the Penal Law; or vi. Crimes involving assault and menacing as defined in article 120 of the Penal Law; crimes involving obscenity as defined in article 235 of the Penal Law; crimes against public sensibilities as defined in article 245 of the Penal Law. b. Dishonesty which is defined as: i. False statements or conduct that subverts or attempts to subvert the: - Employment application process or, - State certification process defined in General Municipal Law §209-q. ii. Conduct involving dishonesty, fraud, deceit, or misrepresentation. c. Use of Excessive Force which is defined as: i. Force which violates the use of force policy required under Executive Law §840(4)(d)(3). d. Sexual Abuse which is defined as: i. Inappropriate conduct of a sexual nature, civil or criminal, regardless of adjudication ii. Engaging in sexual conduct while on duty or, iii. Engaging in sexual conduct with someone detained or in the custody or control or under the supervision of a police or peace officer. e. Gross Negligence which is defined as: acts where the Police or Peace Officer’s act or failure to act creates a danger or risk to persons, property, or to the efficient operation of the Department, recognizable as a gross deviation from the standard of care that a DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 12 of 21 reasonable Police or Peace Officer would observe in a similar circumstance f. Gross Misconduct: an act which the Department determines does not comply with practices generally followed in the profession, current teaching at public safety training facilities, and technical reports and literature relevant to the field of law enforcement.  Interruption from service includes separation: a. pursuant to: i. a hearing held under section 75 of the Civil Service Law ii. a collective bargaining agreement, or any general, special or local law, or charter provision in accordance with section 76 of the Civil Service Law or, iii. any other applicable law or, b. by an employee's resignation or retirement or, c. after an employee's waiver of any rights available pursuant to one of the processes described in interruption from service section (a). v. Removal during probationary period means a probationary period not successfully completed due to conduct defined in section IV, A, 4, e, iv,  Misconduct. f. Notify DCJS no later than the 15th day of each January of the names of all Police Officers who have ceased to be employed by the Department in the preceding twelve (12) months. B. Suspension from Service When a Member is suspended: 1. Supervisor a. Direct the suspended Member to surrender the following: i. Shield and identification card. ii. Access passes and keys. iii. Firearms & related equipment. iv. Other Department property as directed. b. Prepare an Equipment Inventory / Voucher Form (Form 10) to document all property surrendered. i. Document the Chain of custody (transfer record) on page 3 of the form. DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 13 of 21 ii. Provide a copy to the Member as soon as practicable. c. Prepare a Department Incident Report for “Administrative Vouchering” and indicate the location where the property is secured. i. When the suspension is 40 working hours or less, secure property at the suspended Member’s command. ii. When the suspension is greater than or anticipated to be greater than 40 working hours, firearms shall be secured with the firearms instructor supervisor and other property forwarded to the MTAPD property clerk. iii. When property is relocated, transferred, or moved for any reason from one location to another or when it is returned to the Member, the details shall be documented as a supplement to the original Department Incident Report and the chain of custody (transfer record) shall be documented on page 3 of Form 10. The form shall remain with the property until final disposition at which time it shall be forwarded to the Personnel and Records Section for filing. 2. District/Unit Commanding Officer a. Ensure that the Member is notified of his/her suspension. b. Confirm the appropriate property and firearms are surrendered and properly secured and documented. c. If the Member is to be returned to modified duty, ensure he/she is issued a “No Firearms” identification card. d. Direct the Member to provide an address and phone number were he/she can be contacted. e. Confirm the following notifications: i. Commanding Officer of Administration. ii. Commanding Officer of IAB. iii. Emergency Operations Center (EOC) Sworn Supervisor f. Instruct the Member that while on suspension he/she is to call the EOC each day at 0900 hours. 3. Suspended Member a. Upon receipt of the notice of suspension, do not represent yourself as an active Member of the Department and do not wear any MTA uniform or equipment while suspended. b. Surrender Department property and firearms as directed. c. Call EOC each day 0900 hours. DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 14 of 21 V. Discipline Matrix AGGRAVETED MISCONDUCT MITIGATED PENALTY PRESUMPTIVE PENALTY PENALTY ATTENDANCE LATENESS TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FAILURE TO KRONOS TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS KRONOS: SIGN IN OR OUT CHARGES CD UP TO 20 HOURS CD UP TO 40 HOURS FOR ANOTHER MOS UP TO 100 HOURS CHARGES AWOL LETTER OF INSTRUCTION CD UP TO 40 HOURS UP TO 100 HOURS REPORT SICK AFTER DENIAL OF DAY AND FAILURE TO CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS PRODUCE MEDICAL UP TO 100 HOURS DOCUMENT FAIL TO REPORT SICK 1 TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS HOUR PRIOR TO TOUR ABSENCE FROM RESIDENCE CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS WHILE SICK UP TO 100 HOURS ABSENCE FROM MILITARY CHARGES CHARGES CD UP TO 40 HOURS DUTY WHILE ON LEAVE UP TO 100 HOURS UP TO 200 HOURS FAILURE TO REPORT TO CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS COURT APPEARANCE UP TO 100 HOURS ACCEPTING OT WHILE CD W/ TIME IN ABEYANCE CHARGES PRECLUDED FROM CD UP TO 40 HOURS EQUALING OT ACCEPTED UP TO 100 HOURS WORKING THE OT ALTERING PAYROLL TIME OFF CODES IN VIOLATION CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS OF TIME OFF REQUEST UP TO 100 HOURS POLICY DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 15 of 21 AGGRAVETED MISCONDUCT MITIGATED PENALTY PRESUMPTIVE PENALTY PENALTY UNIFORM/APPEARANCE IMPROPER UNIFORM TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FAIL TO MAINTAIN NEAT TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS AND CLEAN APPEARANCE OBVIOUS NEGLECT OR CHARGES IMPROPER MODIFICATION LETTER OF INSTRUCTION CD UP TO 40 HOURS UP TO 100 HOURS OF SERVICE WEAPON VIOLATION OF PG SECTION TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS 2-04 PERSONAL HYGIENE EQUIPMENT VIOLATIONS LOSS OF: PARKING PLAQUE LETTER OF INSTRUCTION CD UP TO 40 HOURS CD UP TO 40 HOURS CAP DEVICE METROCARD/RAIL PASS LOSS OF: IDENTIFICATION CARD POLICE SHIELD CHARGES CD UP TO 40 HOURS CD UP TO 40 HOURS BODY WORN CAMERA UP TO 100 HOURS DEPARTMENT PHONE POLICE RADIO CHARGES CHARGES LOSS OF WEAPON CD UP TO 40 HOURS UP TO 100 HOURS UP TO 100 HOURS UNAUTHORIZED MATERIAL ON LOCKER OR OCCUPYING MORE THAN ONE LOCKER TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS W/OUT PERMISSION FROM CO GENERAL CONDUCT ABSENCE FROM MEAL TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS LOCATION FAILURE TO MAKE PROPER DIGITAL MEMO BOOK TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS ENTRIES IMPROPER/OMITTED DIGITAL MEMO BOOK LETTER OF INSTRUCTION CD UP TO 40 HOURS CD UP TO 40 HOURS ENTRIES DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 16 of 21 AGGRAVETED MISCONDUCT MITIGATED PENALTY PRESUMPTIVE PENALTY PENALTY FAILURE TO REPORT TO CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS TRAINING UP TO 100 HOURS SMOKING IN UNIFORM TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS BUNCHING/UNNECESSARY TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS CONVERSATION FAIL TO LOCK/SAFEGUARD TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS RMP ABSENCE FROM POST TRAINING/ IA PRO ENTRY LETTER OF INSTRUCITON CD UP TO 40 HOURS FAIL TO RESPOND TO RADIO CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS CALL UP TO 100 HOURS FAIL TO MAINTAIN CHARGES LETTER OF INSTRUCTION CD UP TO 40 HOURS DEPARTMENT VEHICLE UP TO 100 HOURS CARRYING PACKAGES OR CHARGES UNAUTHORIZED ARTICLES TRAINING/IA PRO ENTRY CD UP TO 40 HOURS UP TO 100 HOURS WHILE IN UNIFORM/RMP UNAUTHORIZED USE OF CHARGES TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION PERSONAL CELL PHONE UP TO 40 HOURS MINOR INSUBORDINATION CHARGES CD UP TO 40 HOURS CHARGES UP TO 100 HOURS (FAIL TO FOLLOW ORDERS) UP TO 100 HOURS FAIL TO NOTIFY SUPERVISOR CHARGES TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION WHEN LEAVING POST UP TO 40 HOURS GENERAL CONDUCT UNAUTHORIZED PERSON IN CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS DEPARTMENT VEHICLE HOURS UNAUTHORIZED USE OF LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES DEPARTMENT VEHICLE UNAUTHORIZED PERSON IN CHARGES UP TO LETTER OF INSTRUCTION CD UP TO 40 HOURS DEPARTMENT FACILITY 100 HOURS LITTERING IN MTAPD TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FACILITY FAILURE TO PROVIDE SHIELD CHARGES UP TO 100 NUMBER TO PERSON LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS REQUESTING DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 17 of 21 AGGRAVETED MISCONDUCT MITIGATED PENALTY PRESUMPTIVE PENALTY PENALTY FAILURE TO SALUTE SUPERIOR TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS OFFICER AND/OR THE COLORS FAILURE TO NOTIFY DEPARTMENT OF ADDRESS, TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS PHONE OR SOCIAL CONDITION CHANGES FAILURE TO SECURE CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS DEPARTMENT LOCKER HOURS FAILURE TO PERFORM OR CHARGES UP TO 200 IMPROPER PERFORMANCE OF CD UP TO 40 HOURS CHARGES UP TO 100 HOURS HOURS PATROL FAILURE TO TAKE ANY POLICE CHARGES UP TO 200 CD UP TO 40 HOURS CHARGES UP TO 100 HOURS ACTION HOURS FAILURE TO TAKE CHARGES UP TO 100 APPROPRIATE ENFORCEMENT LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS ACTION FAILURE TO OBTAIN MEDICAL CHARGES UP TO 200 ATTENTION FOR AN AIDED CD UP TO 40 HOURS CHARGES UP TO 100 HOURS HOURS PERSON FAILURE TO SUBMIT REPORTS TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS IN A TIMELY FASHIION CHARGES UP TO 100 FAILURE TO ACTIVATE BWC LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS LATE BWC ACTIVATION TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FAILURE TO REPORT USE OF CD UP TO 20 HOURS CD UP TO 40 HOURS CHARGES FORCE LACK OF KNOWLEDGE OF CHARGES UP TO 40 CONDITIONS IN ASSIGNED TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION HOURS SECTOR DISCOURTESY OR RUDENESS CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS TO A CIVILIAN HOURS FAILURE TO SAFEGUARD CHARGES UP TO 200 CD UP TO 40 HOURS CHARGES UP TO 100 HOURS PRISONER HOURS  DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 18 of 21 AGGRAVETED MISCONDUCT MITIGATED PENALTY PRESUMPTIVE PENALTY PENALTY GENERAL CONDUCT MEMBERS SHALL NOT CHARGES UP TO 200 ENGAGE IN ILLEGAL CD UP TO 40 HOURS CHARGES UP TO 100 HOURS HOURS GAMBLING OPERATIONS CARD GAMES/GAMES OF CHARGES UP TO 100 CHANCE IN DEPARTMENT LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS CONDUCT PREJUDICIAL TO CHARGES UP TO 100 GOOD ORDER LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS UNAUTHORIZED SECONDARY CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS EMPLOYMENT HOURS SECOND NON-PREVENTABLE LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES MVA TRAINING/GROUNDED UNSAFE OPERATION OF RMP TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS ILLEGALLY PARKED RMP LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES IMPROPER STOP AND QUESTION OF A PERSON TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS IMPROPER STOP OF A VEHICLE TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS IMPROPER SEARCH OF A VEHICLE TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS FAILURE TO PROCESS A LETTER OF INSTRUCTION CD UP TO 40 HOURS CD UP TO 100 HOURS CIVILIAN COMPLAINT ACCIDENTAL DISCHARGE OF TASER (NO INJURIES) TRAINING/IA PRO ENTRY LETTER OF INSTRUCTION CD UP TO 40 HOURS ACCIDENTAL FIREARM LETTER OF INSTRUCTION/ CHARGES UP TO 100 DISCHARGE (NO INURIES) CD UP TO 40 HOURS TRAINING HOURS FAILURE TO NOTIFY DEPARTMENT OF CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS ACQUISITION OF FIREARM HOURS USE OF UNAUTHORIZED CHARGES UP TO 100 AMMUNITION LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS FAILURE TO PROPERLY CHARGES UP TO 200 VOUCHER PROPERTY CD UP TO 40 HOURS CHARGES UP TO 100 HOURS HOURS SLEEPING ON DUTY WHILE IN CD UP TO 40 HOURS CHARGES/SUSPENSION CHARGES/SUSPENSION PUBLIC VIEW CHARGES UP TO 100 FAILURE TO SUPERVISE LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS  DEPARTMENT MANUAL DISCIPLINARY ACTION SECTION # 6-03 PAGE 19 of 21 AGGRAVETED MISCONDUCT MITIGATED PENALTY PRESUMPTIVE PENALTY PENALTY GENERAL CONDUCT UNAUTHORIZED RADIO CHARGES UP TO 100 LETTER OF INSTRUCTION CD UP TO 40 HOURS TRANSMISSION HOURS UNAUTHORIZED USE OF VIDEO/AUDIO RECORDING CHARGES UP TO 100 EQUIPMENT ON MTA LETTER OF INSTRUCTION CD UP TO 40 HOURS HOURS PROPERTY POSSESSION OF INTOXICANTS IN DEPARTMENT CD UP TO 20 HOURS CD UP TO 40 HOURS CHARGES VEHICLE/FACILITY ENTERING PREMISES WHERE INTOXICANTS ARE SOLD CD UP TO 20 HOURS CD UP TO 40 HOURS CHARGES EXCEPT FOR MEAL OR OFFICIAL DUTY KNOWINGLY ALLOW ANOTHER MEMBER TO CD UP TO 40 HOURS CHARGES UP T0 100 HOURS CHARGES PERFORM DUTY WHILE IN UNFIT CONDITION HOLD ELECTED PUBLIC OR POLITICAL POSITION CHARGES CHARGES CHARGES WITHOUT APPROVAL FROM CHIEF OF POLICE PLACING POLITICAL SUPPORT ADVERTISEMENT ON RMP OR LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES MTA PROPERTY FINANCIALLY COMMITTING THE MTAPD WITHOUT LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES APPROVAL OF CHIEF OF POLICE USE OF PRIVATELY OWNED VEHICLE WHILE ON DUTY LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES WITHOUT PERMISSION OF CAPTAIN/ABOVE VIOLATION OF ALL AGENCY LETTER OF INSTRUCTION CD UP TO 40 HOURS CHARGES SOCIAL MEDIA POLICY FAIL TO P