I-9 Disciplinary Procedures.pdf

WEST PALM BEACH POLICE DEPARTMENT Policy I-9 DISCIPLINARY PROCEDURES Revised: December 12, 2022 I. POLICY: The West...

WEST PALM BEACH POLICE DEPARTMENT Policy I-9 DISCIPLINARY PROCEDURES Revised: December 12, 2022 I. POLICY: The West Palm Beach Police Department has established a uniform system for rewarding, counseling, administering discipline, and providing remedial training to agency members. Included are the rights of the accused member and the appeal procedure for disciplinary actions. Commanders, administrators and supervisory members are given authority to fulfill their assigned responsibilities and are expected to exercise their authority to that end. Members of this agency are to conform to, and comply with, agency directives. II. DEFINITIONS: Administrative Reassignment - When a member is placed on temporary duty reassignment with pay by the Department while an administrative and/or criminal investigation is being conducted into an incident in which the member was involved and/or during the time period after the investigation is completed and the Department is determining the action to be taken. Discipline - Action taken to correct undesirable behavior (i.e., for unsatisfactory work, misconduct, or other just cause) which was found to be contrary to Departmental rules, regulations, directives, and policies. Disciplinary Variance - For each violation, consideration will be given to the severity of the misconduct, the time between violations, the length and quality of service, the willingness to improve, the ability to improve, the attitude of the member, the intent of the misconduct and gain the member receives as a result of the misconduct, and the overall work performance of the member. III. LEVEL OF AUTHORITY FOR DISCIPLINE: A. Final disciplinary authority and responsibility for Department members rests with the Chief of Police or his or her designee, or during a vacancy in the Chief of Police position, the Mayor or his or her designee. All supervisors are held responsible for any discipline administered at any level below them within their span of control. B. Supervisors may exercise the following disciplinary measures upon members under their control: C. Chief of Police or designee: Original issue: July 15, 1988, Disciplinary Procedures Revised: December 12, 2022, Policy I-9 Page 1 of 9  1. Non-punitive discipline 2. Emergency relief from duty 3. Suspension from duty 4. Reduction in pay 5. Demotion in rank 6. Termination of Employment D. Sergeants through Assistant Chiefs of Police: 1. Non-punitive discipline 2. Recommendation for punitive discipline 3. Recommendation for remedial training E. Lieutenants through Assistant Chiefs: 1. Have the authority to impose emergency suspension. IV. RECOGNITION, DISCIPLINE, COUNSELING, AND RETRAINING: A. The West Palm Beach Police Department will recognize any member, sworn or civilian, whose actions are examples of excellence to fellow members and the community we serve. Any recognition or commendation of a Department member or member from an outside agency, organization, or person will be documented using the “Recognition Review Report” form. B. Subject to the City of West Palm Beach Personnel Manual, any applicable collective bargaining agreements, and when necessary, the approval of the Chief of Police or his or her designee the following recognition, discipline, counseling, and retraining actions may be given and or imposed against a member of the Department. C. Recognition - Any letter of recognition or commendation concerning a positive action of a member. Positive actions include, but are not limited to, letters, nominations, awards and/or certificates from schools, organizations, agencies (local, state, national) and professional groups. Selections or appointments to an established committee, board, function, or activity are included. Records of recognitions are maintained as follows: 1. The original is given to the member 2. A copy is maintained in the member’s section/platoon file 3. A copy is maintained in the member’s personnel file in the Human Resources Department Original issue: July 15, 1988, Disciplinary Procedures Revised: December 12, 2022, Policy I-9 Page 2 of 9 D. Verbal Counseling - A non-punitive measure of discipline issued by members of superior rank or authority for infractions or violations of rules, regulations, policies or directives. The purpose is to educate the member about the deficiency to avoid repeat offenses. Verbal counseling will be documented on an “Employee Counseling” form and will be filed in the member’s section file. E. Remedial Training - A non-punitive measure which may be recommended to correct a specific deficiency related to job performance. The recommendation for remedial training is appropriate when a violation was caused primarily by the member being inadequately prepared for his or her responsibilities. The specific nature and procedure for remedial training will be determined by supervisors and/or training officers and documented by memorandum. The memorandum will be maintained in the member’s section/platoon file and in the member’s training file in Staff Services. F. Written Reprimand - A non-punitive measure which is recommended by a member of superior rank and authority for infractions of rules, regulations, directives or standard operating procedures, or for repeated procedural error in the line of duty. The Chief of Police or designee reserves the right to review the circumstances surrounding the recommendation for a written reprimand and may agree with, impose stricter punishment, or void the reprimand. The written reprimand is documented on a Disciplinary Action form and will be maintained in the member’s personnel file. G. Suspension - A punitive action which may be imposed by the Chief of Police or designee. All suspensions will be in accordance with the current applicable collective bargaining agreement, City policy and Department policy. The suspension is documented on a Disciplinary Action form and will be maintained in the member’s personnel file. H. Reduction in Pay - A punitive action which may be approved by the Chief of Police or designee in accordance with the current applicable collective bargaining agreement, City policy and Department policy. Reduction in pay will be within the salary range for the classification. It may be imposed for disciplinary purposes or when a member's quality of work does not conform to the required standards. A reduction in pay is documented on a Disciplinary Action form and will be maintained in the member’s personnel file. I. Demotion (Reduction in Class) - A punitive action which may be imposed by the Chief of Police or designee in accordance with provisions in the current applicable collective bargaining agreement, City policy, and Department policy. Demotion will be considered when the conduct of a member is unbecoming of his or her rank/position and is a serious act of misconduct or an improper or unlawful act. A demotion is documented on a Disciplinary Action form and will be maintained in the member’s personnel file. J. Termination of Employment - A punitive action which may be imposed by the Chief of Police or designee in accordance with provisions in the current applicable collective bargaining agreement, City policy, and Department policy. A specific reason for dismissal is not required for probationary members who are dismissed for failing to meet probationary standards. The dismissal is documented on a Disciplinary Action form and will be maintained in the member’s personnel file. K. When a member is terminated, the following will be made available to him or her in writing: 1. Reason for dismissal Original issue: July 15, 1988, Disciplinary Procedures Revised: December 12, 2022, Policy I-9 Page 3 of 9  2. Effective date of dismissal 3. Status of fringe and retirement benefits after dismissal 4. Content of the officer’s employment record relating to the dismissal L. The Disciplinary Action and the Notice of Your Right to a Disciplinary Hearing form are maintained as follows: 1. The original is maintained in the member’s personnel file in the Human Resources Department 2. A copy may be maintained in the member’s section/platoon file 3. A copy is given to the member 4. A copy is maintained in the Internal Affairs Unit M. The Internal Affairs Unit will be responsible for maintaining the secure storage and accurate records of all complaints and disciplinary records of the Department and its members. The IAU will provide annual statistical summaries based on these records to the Chief of Police. N. Platoon or Section files will be purged every three years, in accordance with public records retention laws. 1. All purged materials will be forwarded to the Records Custodian for proper disposition. O. Suspension Without Pay- Suspending a member’s employment status so he or she does not report to work for the specified time and does not receive compensation for those hours. If a member is suspended without pay, under the direction of the Chief of Police, they may choose to serve the suspension by one of the following methods: 1. Not report to work for the specified time and not receive compensation for those hours. 2. Report to work as usual and surrender accrued paid time off, or compensatory time equal to the term of the suspension, to satisfy the disciple. V. LEVEL OF EMERGENCY ACTION: A. Whenever improper conduct is observed by or reported to any member, it will be the responsibility of the member to inform the offending member's supervisor for possible disciplinary action. B. Whenever a member feels another member of a superior rank in the Department is in violation of established standards or rules of conduct, the member will: 1. If the offending member is in the complaining member's chain of command, the complainant will submit the specific details of the violation in memorandum form to the Original issue: July 15, 1988, Disciplinary Procedures Revised: December 12, 2022, Policy I-9 Page 4 of 9  offending member's supervisor through the chain of command, bypassing the level of the offending member. (EXAMPLES: A police officer has knowledge of a sergeant in his or her chain of command committing a violation. The officer submits a memorandum detailing the incident to the sergeant's lieutenant. A police officer has knowledge of a lieutenant in his or her chain of command committing a violation. The officer submits a memorandum detailing the incident to his or her sergeant, who submits the memorandum to the appropriate captain.) 2. If the offending member is a member of a different section, the member who observes the violation will notify his or her immediate supervisor in writing. The memorandum will be forwarded through the chain of command to the offending member's supervisor. C. In cases where the violation is of a serious or emergency nature, the following actions may be taken at the appropriate supervisory level: 1. A member's immediate supervisor may take any disciplinary action authorized for his or her level of authority if an emergency action must be taken. 2. A member's immediate supervisor may relieve a member from duty on an emergency basis when it is in the best interest of the Department. (Example: an officer reports to his or her tour of duty under the influence of intoxicants). Such relief from duty will remain in effect until 1000 hours on the next business day, unless otherwise directed by competent authority, when the relieved member and the supervisor will report to the member's Bureau Commander (Captain) or designee. 3. Civilian supervisors have authority over members in their section only. VI. ADMINISTERING DISCIPLINE: A. All members of the Department, both sworn, and civilian are subject to discipline under the provisions of this directive. Any member who violates the Oath of Office, the laws of the United States, the State of Florida, or the City of West Palm Beach, any provision of Departmental or City Rules and Regulations, or Standard Operating Procedure who is unlawful or improper in their conduct toward members or citizens or who is incompetent in the performance of their duties is subject to disciplinary action. B. All disciplinary actions imposed will be commensurate with the severity of the offense coupled with due consideration of the member's prior performance record. Disciplinary actions taken will be progressive in application, except: 1. When violations of a serious nature occur, the actions may include immediate removal from duty. These violations include, but are not limited to criminal misconduct, theft, domestic violence, insubordination, sabotage, any threat to Department members or the public, and suspected drug or alcohol use while on duty. Depending on the seriousness of the offense and even if it is a first offense discipline of a progressive nature is not required. Original issue: July 15, 1988, Disciplinary Procedures Revised: December 12, 2022, Policy I-9 Page 5 of 9  2. The Chief of Police or his or her designee, or during a vacancy in the Chief of Police position, the Mayor or his or her designee reserves the right to change the duty status of the accused member until the investigation is completed. C. When any Supervisor becomes aware of a potential policy violation or is assigned to investigate a member, he or she will thoroughly investigate the incident and ascertain if disciplinary action is necessary. D. When verbal counseling is conducted the supervisor will meet with the member to administer the counseling and will document the meeting on an Employee Counseling form which will be maintained in the member’s section file E. If the supervisor feels a written reprimand is appropriate, disciplinary recommendations shall be documented on a Disciplinary Review Form. This document shall be forwarded through the affected member’s chain of command to the Chief of Police or a designee. 1. The Chief of Police or a designee may approve or revise the recommended disposition. 2. When the Chief of Police or designee issues a Written Reprimand, the Internal Affairs Unit will prepare a Disciplinary Action Form which will be served to the member by their respective Shift Commander. F. When an alleged policy violation investigation has completed and punitive discipline action is being considered, the supervisor will: 1. Complete a Disciplinary Review form. This document shall be attached to the administrative investigation documentation and forwarded through the affected member’s chain of command to the Chief of Police or designee. The Chief of Police or designee may approve or revise the recommended disposition. G. After the Chief of Police or designee has determined a disposition, the Internal Affairs Unit will prepare the Notice of Right to Disciplinary Hearing form and the Disciplinary Action form. These forms will be served to the member by a member of Internal Affairs, the member’s respective Bureau Commander (Captain) or higher authority. When the forms are served, the following guidelines apply: 1. The meeting does not have to be recorded, but the affected member’s immediate supervisor should be present as a witness. If the member is in a bargaining unit, he or she may elect to have a union representative at the meeting. 2. When the member desires a pre-disciplinary hearing, the Chief of Police or designee will schedule the hearing no less than two regular business days in advance. 3. The member may elect to submit a written statement instead of having a hearing or may waive the right to a pre-disciplinary hearing. 4. When the member refuses to sign the Notice of Your Right to a Disciplinary Hearing form and/or the Disciplinary Action form, the supervisor presenting the member with the form will write “refused” in the Employee Signature space. The supervisor will also have a witness sign the form verifying the member’s refusal to sign. Original issue: July 15, 1988, Disciplinary Procedures Revised: December 12, 2022, Policy I-9 Page 6 of 9 VII. NOTICE OF DISCIPLINARY ACTION AND APPEALS PROCESS: A. Grievance and arbitration of any disciplinary action will be in compliance with the current applicable collective bargaining agreement. B. All classified non-probationary members are entitled to a pre-disciplinary hearing as provided in the City's Discipline Administration Manual. This hearing is not a question-and-answer session, as the investigation into the matter has been completed. Rather, it is an opportunity for the member to offer mitigating circumstances as to why he or she should not be subject to punitive measures. 1. If a Member exercises his or her right to a pre-determination hearing, the Chief of Police will consider any further information provided by the Member prior to rendering a decision on the administration of discipline. 2. Sworn and non-sworn members who are the subject of the disciplinary hearing may not have a firearm in their possession while they attend the hearing or any related meetings. 3. Any predetermination hearing will be recorded. VIII. ADMINISTRATIVE REASSIGNMENT: A. Administrative reassignment must be approved by the Chief of Police or designee, or during a vacancy in the Chief of Police position, the Mayor or his/her designee except as specifically provided for in policy. B. At the time a member is advised he or she is being placed on administrative reassignment, the person so advising will also inform the member of the following: 1. Whether the member is required to report to work for ADMINISTRATIVE DUTY which would restrict him or her to police headquarters or is reassigned to the member’s place of residence, ADMINISTRATIVE LEAVE, pending the conclusion of the investigation or a recall to duty. 2. In the case of sworn personnel, whether the officer is relieved of all police powers and authority or not. C. When a sworn member is relieved of all police powers and authority, the relieving supervisor shall take possession of the employee's badge, firearm(s), police identification, police radio, gun belt (with accessories), all issued keys/electronic cards and other issued equipment as deemed necessary 1. This property will be turned over to the Staff Services Section Commander for safekeeping. Original issue: July 15, 1988, Disciplinary Procedures Revised: December 12, 2022, Policy I-9 Page 7 of 9 D. While on administrative reassignment, the member is assigned to a duty shift of normal business hours, Monday through Friday and will report to the Professional Standards Commander. 1. While on Administrative Leave with pay, the member must make telephone contact with the Professional Standards Commander or designee each weekday at 0800 hours excluding holidays. The person and number to be contacted will be designated no later than the first normal business weekday following imposition of Administrative Leave. 2. While on Administrative Leave with pay, the member must remain available at their residence from 0800 hours to 1700 hours excluding an assigned 1200 hours to 1300 hours lunch period. 3. The member may attend to personal appointments (doctors, dentists, etc.) scheduled during these hours with the use of appropriate accrued leave (sick, vacation, etc.) as required by any such absence from a duty assignment. Approval by the designated contact person must be obtained prior to attending any personal appointments during the scheduled work hours. 4. Must be available to respond to the Police Administration Building immediately on request during the assigned duty hours. 5. Is subject to recall to normal duty at any time. E. Administrative reassignment supersedes and revokes prior approval of any and all requested use of earned leave scheduled to be taken subsequent to the imposition of administrative reassignment. This is to assure the speedy completion of any administrative investigation by avoiding conflicts with scheduled interviews. 1. The affected member may reapply for the leave period with the additional approval of the Professional Standards Commander or designee. 2. A member on extended administrative reassignment may request the use of earned accrued leave for an extended period of time (i.e., a two-week vacation) during the reassignment period with the approval of the Professional Standards Commander or designee monitoring the reassignment. 3. A member using an extended period of earned leave during an administrative reassignment will not be required to make daily telephone contact as required in VIII. C. 1. F. The member placed on administrative reassignment will honor all subpoenas and court related responsibilities. Scheduled court appearances will be reported to the Professional Standards Commander or designee monitoring the reassignment. G. Incidents involving a Felony arrest of a Department member or allegations of a serious nature (to be determined by the Chief of Police) may result in an employee being placed on Administrative Leave without pay. Prior to implementation of Administrative Leave without pay, the employee must be provided: Original issue: July 15, 1988, Disciplinary Procedures Revised: December 12, 2022, Policy I-9 Page 8 of 9  1. Notice of the allegations and/or violations being levied against the member and the intent to place the member on Administrative Leave without pay. 2. A Pre-Determination Conference must be scheduled within 10 days of the notice. Participation in the Pre-Determination Conference is voluntary. The member may be represented by counsel or another representative of his or her choice. The member can submit a written statement in lieu of being present. 3. The presiding officer of the Pre-Determination Conference will be a Command Staff officer from the effected member’s chain of command. A second member of the Command Staff will also be present. 4. The member will be notified of the results of the Pre-Determination Conference in writing. H. Administrative Leave without pay does not vacate a member’s employment status. Benefits will be maintained in accordance with Human Resources policies and procedures. 1. Members placed on Administrative Leave without pay will be compensated for police related responsibilities actually worked (i.e., court appearances, depositions, participation in administrative investigations, etc.). 2. Members placed on Administrative Leave without pay must make telephone contact with the Professional Standards Commander or designee on a weekly basis, as determined by the Professional Standards Commander. Members will update the Professional Standards Commander on any outside investigations. IX. REFERENCE: Policy # I-10 Grievance Procedure. Policy # II-4 Departmental Awards and Recognition. SOP # II-5 Alcohol and Substance Abuse/Drug Testing. SOP # II-6 Employee Assistance Program. SOP # III-9 Domestic Violence. Policy # III-14 Weapons and Ammunition SOP # IV-22 Internal Affairs Function. The City of West Palm Beach Employee Handbook. All forms are electronic and are found on the current electronic email program. Approved: Signature on file December 14, 2022 Frank Adderley, Chief of Police Date: Original issue: July 15, 1988, Disciplinary Procedures Revised: December 12, 2022, Policy I-9 Page 9 of 9