GO 1-11.0 Discipline.pdf

OVIEDO POLICE DEPARTMENT GENERAL ORDER SUBJECT: Discipline AMENDS: None EFFECTIVE DATE: 07-12-2021 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 1-11.0 REFERENCE: CFA Chapters 7 and 20; City of Oviedo Personnel Procedures and Rules Manual; and Current Police Bargaining Agreement RESCINDS: None I...

OVIEDO POLICE DEPARTMENT GENERAL ORDER SUBJECT: Discipline AMENDS: None EFFECTIVE DATE: 07-12-2021 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 1-11.0 REFERENCE: CFA Chapters 7 and 20; City of Oviedo Personnel Procedures and Rules Manual; and Current Police Bargaining Agreement RESCINDS: None I. II. III. IV. V. VI. VII. VIII. IX. X. XI. PURPOSE POLICY DEFINITIONS AND PROCEDURES RECOMMENDATION OF DISCIPLINARY ACTION INVOCATION OF DISCIPLINE AUTHORITY TO IMPOSE DISCIPLINE DISCIPLINE RESULTING IN A SUSPENSION DISCIPLINE RESULTING IN TERMINATION (DISMISSAL) DISCIPLINARY FILES APPEAL PROCEDURES ASSESSMENTS I. PURPOSE The purpose of this order is to establish uniform disciplinary processes used when it is determined that disciplinary action is appropriate due to violation(s) of department written directives and/or violation(s) of law. The primary goals of disciplinary actions are to educate department members as to proper professional conduct, to deter violations of department directives, and to discipline violators appropriately. II. POLICY It is the policy of the Oviedo Police Department that discipline when necessary, be constructive and corrective in nature. Disciplinary action(s) will be reasonable and consistently administered without regard to gender, race, religion, national origin, age, or disability. Oviedo Police Department GO 1-11.0 Discipline Page 2 of 11 Documentation of all formal communication between the supervisor and subordinate is deemed essential for the protection of the subordinate and the integrity of the system. Counseling, disciplinary actions, and/or sanctions will be administered in as close time proximity as possible to the unacceptable behavior. III. DEFINITIONS AND PROCEDURES A. Training: A positive and corrective method of improving the productivity and effectiveness of a member. There are often instances where training is sufficient to avoid disciplinary action. The recommendation by a supervisor for a member to obtain additional or remedial training shall be held on a positive note, shall be corrective in nature, and utilized and documented along with a counseling session to explain what is expected of a member’s behavior. All supervisors have the authority to request training for a member. B. Counseling: A precise attempt to bring to the attention of the member an area that is of concern to their supervisor. Counseling will be used if the offense is minor and the supervisor feels that the member’s behavior can be readily corrected. Immediate supervisors or a member in a higher level of the member’s chain of command shall have the authority to administer counseling to members. 1. The counseling shall take place within fourteen (14) days after the action has occurred, or after the supervisor has been made aware of the incident and a conclusion has been achieved from a supervisor’s inquiry (if applicable). 2. Supervisors shall make certain that the subordinate is aware of any applicable written directives. 3. Counseling shall consist of one-on-one contact between the supervisor administering the counseling and the member. It shall be held at a time and location to ensure privacy. 4. The supervisor must provide specific direction to the member to bring their behavior to an acceptable level. 5. Supervisors shall complete a Counseling Session form, have the member sign the form, and forward the form through the chain of command. 6. Counseling is NOT considered a form of discipline. GO 1-11.0 Discipline Oviedo Police Department GO 1-11.0 Discipline Page 3 of 11 C. Discipline: To train (someone) to obey rules or a code of behavior, using punishment to correct disobedience. D. Disciplinary Actions: The five types of disciplinary actions are: Verbal Reprimand; Written Reprimand; Suspension; Demotion; and Dismissal. E. Verbal Reprimand: Verbal reprimands are used as part of the progressive discipline process to assist members in understanding that job performance problems exist. Verbal reprimands should be clear as to job performance standards and provide instruction and direction. F. Written Reprimand: A disciplinary action taken against the member when verbal reprimands have failed to produce the desired results, or if the offense is serious enough to warrant the disciplinary action. 1. A written reprimand shall be documented on a Notice of Disciplinary Action form. 2. The supervisor shall make the member aware of the reason for the disciplinary action. The supervisor shall have the member sign the form after the supervisor has completed all applicable sections. 3. The form will then be routed through the chain of command to the Chief of Police. 4. The Chief of Police will: a. b. c. Sustain the charges outlined by the supervisor; Forward the documentation to the Professional Standards Lieutenant for further investigation; or Disagree with the charges outlined by the supervisor and find the charges not sustained, unfounded, or exonerated. Note: Any member receiving any form of counseling or discipline must sign the form acknowledging receipt of said counseling or discipline. The member may attach a written explanation if they intend to refute the violation. If the member refuses to sign the document, they may be subject to a violation of insubordination. GO 1-11.0 Discipline Oviedo Police Department GO 1-11.0 Discipline G. H. Page 4 of 11 Suspension: A disciplinary action initiated when less severe disciplinary actions have been unsuccessful; or when the infraction is serious enough to warrant this action. 1. Suspension actions may be taken after an internal investigation has been conducted or when the Chief of Police feels there is sufficient justification to warrant such action. 2. Suspension Without Pay – Length of time is dependent on the offense. 3. A suspended member shall report to their division Deputy Chief as directed. 4. The member’s reinstatement will be at the discretion of the Chief of Police. 5. Suspensions will be documented on a Notice of Disciplinary Action form and sent to the Human Resources Director and/or the City Manager for review and approval. Demotion: A disciplinary action initiated when less severe disciplinary actions have been unsuccessful; or when the infraction is serious enough to warrant this action. Demotion actions may be taken after an internal investigation has been conducted or if the Human Resources Director and/or City Manager feels there is sufficient justification to warrant such actions. 1. Demotion actions may result in a reduction in rank, change in position, and/or reduction in pay. 2. The Chief of Police will make recommendations to the Human Resources Director and/or City Manager as to demoting a member. 3. Demotions will be documented on a City Personnel Action Form and filed with Human Resources. GO 1-11.0 Discipline Oviedo Police Department GO 1-11.0 Discipline I. IV. Page 5 of 11 Dismissal: The most severe disciplinary action and may be administered only by the Chief of Police after authorization from the Human Resources Director and/or the City Manager. A member may be dismissed when all reasonable attempts at corrective action have been ineffective, or when the seriousness of the offense leaves dismissal as the only feasible alternative. 1. The Chief of Police shall make recommendations to the Human Resources Director and/or the City Manager prior to the dismissal of a member. 2. Dismissals will be documented on a City Personnel Action Form and filed with Human Resources. RECOMMENDATION OF DISCIPLINARY ACTION A. When an internal inquiry has been reviewed and approved, the internal inquiry file will be sent to the affected member’s immediate supervisor for a recommendation. When necessary, the affected member’s chain of command should meet to discuss disciplinary action recommendations for each sustained violation. The supervisor shall recommend one (1) disciplinary action for each separate violation, except in the case of associated corrective actions (such as assessments). The types of disciplinary actions shall be as follows: 1. 2. 3. 4. 5. B. Verbal Reprimand; Written Reprimand; Suspension Without Pay; Demotion; and/or Termination Once completed, the member’s immediate supervisor shall forward the internal inquiry to the Chief of Police via the member’s chain of command who will: 1. 2. Approve the recommendation; or Make an alternate recommendation prior to forwarding to the next link in the chain of command. GO 1-11.0 Discipline Oviedo Police Department GO 1-11.0 Discipline C. In making recommendations regarding sustained violations, the following shall be considered: 1. 2. 3. D. Page 6 of 11 Severity of the infraction; The member’s history of past-sustained violations of a similar nature (progressive discipline for similar violations is addressed below); and Any established discipline standard. Sustained inquiries involving the loss or damage of city property shall be dealt with as follows: 1. When an inquiry results in a sustained disposition and a recommendation that the member also be subject to corrective action to include an assessment for damages, the supervisor shall submit the following as part of the Internal Investigation Report: a. b. The estimated repair cost or repair receipt; or When chargeable, the percent of reimbursement of the repair costs to be charged to the member (amount of assessment). Note: Damages will include the total of all property damage resulting from the incident. 2. To determine whether chargeable or non-chargeable, the following shall be considered: a. b. c. To establish whether an incident of vehicle damage or the loss or damage of city property is to be chargeable or nonchargeable, supervisors are to consider the presence or absence of negligence or of a violation of department regulations or other written directives. The responsibility and due care a member has shown toward their issued property and equipment shall also be taken into consideration. The absence of a state or municipal traffic law violation does not necessarily preclude a finding of chargeable in cases involving damage to city vehicles. GO 1-11.0 Discipline Oviedo Police Department GO 1-11.0 Discipline 3. A supervisory recommendation that an incident be chargeable shall be guided by circumstances: a. b. E. F. Page 7 of 11 In the event the above-listed criteria results in a recommendation that the damage is chargeable, additionally the supervisor may recommend that the assessment be waived based on mitigating circumstances. For guidance regarding the percentage of damage to be assessed, refer to the current City of Oviedo Personnel Procedures and Rules Manual Chapter XV. Disciplinary Actions – Accidents and Loss/Damage to City Property. A progressive discipline for repeated violations of a similar nature shall follow these guidelines: 1. Supervisory recommendations generally employ the concept of progressive discipline, in which the level of severity of discipline increases for similar violations with each successive violation. For example, depending on the nature and facts of a violation, discipline may start with a verbal reprimand, then progress to a written reprimand, then to a suspension without pay, etc. 2. The department is not restricted to progressive discipline, nor is it obligated to always make each successive discipline more severe than the preceding discipline. 3. Progressive discipline also means that after a significant number of violations, whether those violations are similar or not, the department reserves the right to discharge a member. 4. Progressive discipline is intended both to correct behavior and discourage repeat violations by members, as well as to protect the right of the department to terminate the employment of a member whose overall behavior demonstrates irresponsible actions and attitudes. 5. While often similar, incidents of misconduct are rarely identical. For this reason, the department reserves the right to treat each occurrence on an individual basis without necessarily establishing a precedent. For suspensions or terminations, the investigation file shall be forwarded to the Human Resources Director and/or the City Manager for review and concurrence, in accordance with the City of Oviedo Personnel Procedures and Rules Manual. GO 1-11.0 Discipline Oviedo Police Department GO 1-11.0 Discipline Page 8 of 11 G. The Chief of Police will review recommendations made by the chain of command for disciplinary action. He may elect to formally interview the member and supervisor involved. If he determines discipline is appropriate, he will forward the matter to the City Manager through Human Resources. V. INVOCATION OF DISCIPLINE Once the chain of command has reviewed the investigation report findings, the disposition recommendation(s), and any disciplinary action recommendation(s), a Notice of Disciplinary Action Form shall be completed and presented to the affected member who will: A. Sign the form accepting the recommended discipline; or B. Elect to have a Pre-Determination hearing in accordance with the City of Oviedo Personnel Procedures and Rules Manual. Bargaining unit members shall abide by the current PBA contract. Once the inquiry is complete, both the complainant and the affected member(s) will be provided with written notification of the conclusion of the inquiry stating the findings and disposition of each allegation. VI. AUTHORITY TO IMPOSE DISCIPLINE The Chief of Police has the authority to impose all discipline which will be administered by the applicable supervisor. VII. DISCIPLINE RESULTING IN A SUSPENSION A. Suspension Procedures: 1. The affected member’s supervisor shall schedule the suspension to commence as soon as possible given staffing levels. 2. A Personnel Action Form (PAF) will be submitted to or completed by the Chief’s Administrative Coordinator detailing the disciplinary action and affected dates thereof and forwarded to the Human Resources Department for processing. GO 1-11.0 Discipline Oviedo Police Department GO 1-11.0 Discipline B. Relief of Police Authority: 1. 2. VIII. Page 9 of 11 When suspending a sworn member, the affected member’s Lieutenant or higher authority is to relieve the sworn member of all police authority during the duration of the suspension in the following manner: a. Notify the affected member of the suspension in writing, and verbally inform the member of the accompanying loss of police authority, power, and privileges. b. Take physical custody of the member’s badge(s), issued weapon(s), issued radio, and all department identification. All seized items shall be secured in the department armory unless directed otherwise by the Chief of Police. c. Notify the member that the suspension means the member cannot work any law enforcement related off-duty or extraduty jobs or details until that privilege is reinstated by the Chief of Police. When a member being suspended is in uniform, the member shall be ordered to change to civilian clothing as soon as practical. DISCIPLINE RESULTING IN TERMINATION (DISMISSAL) A. Authority to Terminate: 1. All terminations must be approved by the Chief of Police, Human Resources Director, and the City Manager in accordance with the City of Oviedo Personnel Procedures and Rules Manual. 2. An involuntary termination of employment (dismissal) may result from one serious incident or a series of documented problems with a member’s behavior or conduct. GO 1-11.0 Discipline Oviedo Police Department GO 1-11.0 Discipline B. Page 10 of 11 Information to be provided: When an internal investigation results in the termination (dismissal) of a member, the following will be provided to the member in the form of a Notice of Disciplinary Action, as well as other applicable documents: 1. Reason for the dismissal; 2. Effective date of the dismissal; 3. Status of fringe and retirement benefits; and 4. Supporting documents relating to the dismissal (copies of the Internal Investigation Report, any Personnel Action Forms, and any additional associated documents). Note: The member shall be notified of their right to submit information to their personnel file to refute or explain the reasons for the dismissal. IX. DISCIPLINARY FILES A. B. X. Files wherein disciplinary action may be documented on a member are: 1. Professional Standards File – This file will consist of, but is not limited to, cases investigated that allege member misconduct and/or violations of department directives. 2. Official Personnel File – The Human Resources Department maintains the member’s official personnel file. It shall contain documentation of all disciplinary actions of written reprimands and above. All files are to be maintained securely and purged according to applicable records retention laws. APPEAL PROCEDURES A. After the final recommendation by the Chief of Police has been made, a member who has been suspended or terminated shall be afforded the right to request a pre-determination hearing prior to dismissal as outlined in the City Personnel Policy. Bargaining unit members shall abide by the current PBA contract. B. Probationary members have no right to appeal. GO 1-11.0 Discipline Oviedo Police Department GO 1-11.0 Discipline C. XI. Page 11 of 11 Grievances shall be handled in accordance with the City of Oviedo Personnel Procedures and Rules Manual. ASSESSMENTS Assessments related to accidents and loss or damage to city property and any potential disciplinary action shall be handled in accordance with the City of Oviedo Personnel Procedures and Rules Manual. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 04-01-2021 __________________ DATE GO 1-11.0 Discipline