C P D Number: ASPER OLICE EPARTMENT 3.16 POLICIES …...Section: 3.16 CPD Policy and Procedure...

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Section: 3.16 CPD Policy and Procedure Manual [v2017] Page i

CASPER POLICE DEPARTMENT POLICIES AND PROCEDURES

Number:

3.16 Chapter:

3 - Personnel Section:

16 - Complaint Investigations and Discipline

RECORD OF CHANGES/REVISIONS

Change # Date of Change

Section Changed Description of Change/Revision

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Section: 3.16 CPD Policy and Procedure Manual [v2017] Page 1 of 13

CASPER POLICE DEPARTMENT POLICIES AND PROCEDURES

Number:

3.16 Chapter:

3 - Personnel Section:

16 - Complaint Investigations and Discipline

Effective: 2/2017 Signed: Total Pages: 13 Chief of Police

POLICE DEPARTMENT PSCC

3.16.1 POLICY

The Department and its members shall deal consistently and fairly with issues of possible and proven misconduct by employees.

3.16.2 PURPOSE

This policy provides procedures for the investigation and reporting of suspected and/or alleged employee misconduct, and the guidelines for the administration of discipline in regard to proven misconduct, in order to assure appropriate attention to behavioral problems, fair treatment of employees and necessary organizational integrity.

3.16.3 DISCIPLINARY PRINCIPLE AND PHILOSOPHY

A. General.

1. The Department will, while ensuring all rights of employees and the public being preserved,:

a. Accept and report all complaints;

b. Appropriately investigate all suspicions and allegations of employee misconduct;

c. Appropriately address employee behavior that discredits the Department or impairs its effective operation; and

d. Document the final disposition of all allegations and complaints of employee misconduct.

B. Department Disciplinary Philosophy. Any required discipline will be administered according to the following philosophy.

1. Discipline in a police organization must be maintained in order to maintain organizational integrity and effectiveness and to maintain and enhance public trust. The goal of any Departmental disciplinary action is to be consistent and fair in the review of behaviors which may be determined to be unacceptable to the organization.

2. The purpose of discipline is to correct the behavior when possible, recognizing that some unacceptable behaviors may rise to a level requiring discipline and even employee

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Personnel Complaint Investigations and Discipline


termination. Consistency is defined as holding everyone similarly accountable for similarly unacceptable behavior. Fairness is defined as understanding the circumstances that contributed to the behavior and applying consequences in a way that reflects this understanding.

3. The following factors must be considered in order to determine a consistent and fair corrective action related to unacceptable behavior:

a. Employee Experience.

i. A relatively new employee, (or a more experienced employee in an unfamiliar assignment), may be shown more understanding when judgment errors are made.

ii. Conversely, employees who make judgmental errors that would not be expected of one of their experience and time in service/grade may receive more serious sanctions for such errors.

b. Employee Motivation.

i. An employee who violates a policy in an effort to accomplish a legitimate police purpose that demonstrates an understanding of the broader public interest inherent in the situation will be given more positive consideration in the determination of consequences than one who was motivated by personal interest.

c. Intentional/Unintentional Errors.

i. Generally, intentional errors will be treated more seriously and carry greater consequences than unintentional errors. The conscious decision to disregard policies and orders will be dealt with sternly.

d. Degree of Harm.

i. Harm will be measured in a variety of ways, including: the monetary cost to the Department and community; the personal injury or property damage the error causes, and the likely impact of the error on public confidence and trust in the organization or the individual officer.

e. Employee’s Past Record.

i. To the extent allowed by law and other Department policies, an employee’s past record (both positive and negative) will be taken into consideration in determining the consequences of a failure to meet the Department’s expectations and requirements.

4. Once this disciplinary philosophy is considered, a Supervisor will recommend the method of discipline, which may include counseling and/or training recommendations.

3.16.4 COMPLAINTS

A. For purposes of this policy, a “complaint” is any expression of dissatisfaction with the behavior or professionalism of an employee by a citizen, another employee, or member of another governmental agency.

B. Generally.

1. All employees shall accept and document complaints made to them by citizens and/or members of other governmental agencies.

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2. A Department employee who wishes to make a complaint against another employee may follow the same reporting procedures for reporting harassment, per the City Personnel Rules and Regulations Manual.

3. Complaints will be accepted from any internal or external source, in person, by mail, e-mail, or telephone, or through the Department website.

a. Complaints received from juveniles. Upon receiving a complaint from a juvenile, reasonable action shall be taken to contact the juvenile’s parent, guardian, or custodian to inform them of the circumstances prompting the complaint. Further notification to the juvenile’s parent, guardian, or custodian will be in accordance with 3.16.5.F – Complainant Notifications.

4. Complaints will be accepted from anonymous sources so long as the complaint contains sufficient information to justify an investigation. In the event sufficient information does not exist to warrant an investigation the incident will be documented and the supervisor shall notify their commander.

5. Any person inquiring about the procedure for registering a complaint against a Department member shall be furnished with the needed information promptly and shall be assisted in filing the complaint, if necessary.

6. A complainant does not need to meet with a supervisor to file a complaint; however, the complainant will be afforded the opportunity to do so if feasible.

7. Any attempt by a citizen to file a complaint shall be documented, even if the complainant refuses to provide all requested or necessary information.

8. Employees shall not act or speak in any manner to discourage anyone from making a complaint.

9. At the direction of the Chief of Police, a complainant filing intentionally false and malicious allegations against Department employees may be held accountable through appropriate legal proceedings.

C. Initial Actions.

1. Complaints received by an employee shall be referred immediately to a supervisor.

a. If a supervisor is not readily available, the employee shall collect as much information about the complaint as possible, including the date and time of the complaint, the substance of the complaint and the name, address, and telephone number of the complaining party, if known; and refer the information to a supervisor as soon as possible.

2. An employee receiving or documenting a complaint that falls within their authority to address may attempt to “resolve” it and will make reasonable efforts to satisfy the complainant, but even a “resolved” complaint must be documented and reported to a supervisor.

D. Determining Nature and Level of Investigation.

1. Not all complaints have the same level of significance. Once a complaint has been brought to the attention of the supervisor, the supervisor will promptly conduct a preliminary investigation/inquiry to gather facts and information necessary to properly determine the nature and assess the level of significance.

2. At times the Department may receive complaints concerning an employee’s action or conduct, which is in actuality dissatisfaction with or a question of a policy, procedure, practice,

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philosophy, service level or legal standard of the Department. It is incumbent upon the supervisor receiving the complaint to conduct an appropriate inquiry to determine the exact nature of the complaint.

3. In order to gain a better understanding of the complaint and discern what, if any, officer culpability exists, the supervisor may informally inquire with the employee whose actions are in question to obtain the employee’s version of events.

4. Employees shall be truthful at all times concerning any inquiries or investigations into a complaint.

5. In cases where the complaint alleges minor infraction(s) or misconduct, the supervisor may investigate the complaint at his/her level of authority, or, if circumstances require, forward determination of further investigation to supervisor’s commander.

6. If the complaint, on its face, credibly alleges serious misconduct, the supervisor will immediately notify their commander or staff duty officer. The commander or staff duty officer shall then make appropriate notification to the Chief of Police. The supervisor may be requested to assure that needed information and evidence is secured and then assist the Office of Professional Standards or assigned command level investigator, as needed.

a. Complaints alleging more serious misconduct include all matters as directed by the Chief of Police, but more typically involve allegations of:

i. Criminal activity;

ii. Illegal search and seizure, excessive force, or physical abuse or threats of physical abuse, or other civil rights violations;

iii. Harassment of any employee or citizen by language or conduct degrading a person’s race, religion, life style, sex, sexual orientation, or national origin;

iv. Gift and gratuity violations;

v. Untruthfulness, theft or other dishonesty (irrespective of type or degree);

vi. Off-duty behavior;

vii. Insubordination; and

viii. Any other act or omission which could be the basis for loss of rank, termination, or prosecution in any court of law.

7. If a complaint alleges misconduct by the Chief of Police, the complaint will immediately be forwarded to the Operations Bureau Captain or Support Services Bureau Director, who will then forward the complaint directly to the City Manager for handling.

3.16.5 ADMINISTRATIVE INVESTIGATION PROCEDURES.

A. Dissatisfaction with Service Investigations.

1. If a complaint does not involve allegations of misconduct, but only dissatisfaction with a policy, procedure, practice, philosophy, service level or legal standard of the Department, citizens shall be permitted to voice their dissatisfaction or concern with the Department and be provided an explanation or response to their complaint.

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2. Respective commanders shall be informed of such complaints, and shall in turn use the information to assist in ascertaining the level of community satisfaction within their command, or identify a need to review policies or procedures. No further documentation will be required.

B. Minor Infraction(s) or Misconduct Investigations.

1. If the complaint alleges minor infraction(s) or misconduct, the supervisor shall investigate the complaint within his/her level of authority, unless extenuating or aggravating circumstances exist which require command level authority to investigate.

C. Serious Misconduct Investigations.

1. Complaints alleging serious misconduct shall be reported to the Chief of Police. The Chief of Police or his/her designee will determine whether the complaint is investigated internally by the Office of Professional Standards or with the assistance of an outside agency. Complaints alleging serious misconduct potentially of a criminal nature shall be investigated by an appropriate outside law enforcement agency, to include, but not necessarily limited to the Natrona County Sheriff’s Office or the Wyoming Division of Criminal Investigation. The individual assigned to conduct the investigation has the authority to report directly to the Chief of Police.

2. In cases where criminal and administrative investigations are being conducted, the investigations shall be kept separate, so as to avoid information from the administrative investigation tainting the criminal investigation. In such dual investigations, no action shall be pursued that may jeopardize the integrity of the criminal investigation; this may include delay of the administrative investigation.

D. Investigation Timeline.

1. Complaint investigations shall be completed within thirty (30) days or as soon as possible. When it is evident that an investigation will involve an extensive amount of staff hours to complete, the investigating supervisor shall advise his or her commander of the need for additional time.

E. Withdrawal of Complaints or Discontinuance of Investigations.

1. The complainant at various stages of the investigation may indicate that they desire to withdraw their complaint. This request will not be explicitly refused; however, unless the complainant confesses that he or she has been untruthful in the initial allegations, the complaint investigation shall continue insofar as possible. The cooperation of the complainant is important and desired, but is not mandatory. Withdrawal of the complaint or the complainant’s failure to cooperate with the investigating supervisor shall be documented in the administrative investigation report.

F. Complainant Notification.

1. Whether the matter is to be investigated by a supervisor or by Office of Professional Standards, the complainant shall be notified that the Department has received their complaint and be provided with periodic updates, to the extent practical and within the constraints of personnel confidentiality, regarding the status of the investigation.

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3.16.6 EMPLOYEE RESPONSIBILITY IN DEPARTMENT INVESTIGATIONS

A. Employees shall cooperate in any Department investigation, regardless of the nature and/or level of the investigation. Accordingly, employees shall truthfully answer questions by, or render material and relevant statements to an investigating supervisor or assigned Office of Professional Standards investigator(s).

B. Employees may be required to submit to medical or laboratory tests at the Department's expense when the examination and/or tests are specifically related to the matter under administrative investigation.

C. Employees may be required to participate in a line up, be photographed, submit to a fingerprint comparison, and submit to polygraph or other deception detection tests, provide a DNA sample and/or prepare a financial disclosure statement, when such actions are material to an administrative investigation.

D. Employees may be required to submit a polygraph examination by a certified polygrapher. Questions will be made available to the employee prior to the examination.

1. When instruments for the detection of deception are used in any Office of Professional Standards investigation, the instruments will be used only by trained and certified personnel and in accordance with all applicable federal, state, case law and administrative decisions.

2. All such examinations, and all results thereof, will only be conducted or used in a manner that is consistent with applicable federal, state and case law and administrative decisions.

E. All employees will be unarmed during interviews with the Office of Professional Standards investigator(s), during pre-disciplinary/disciplinary hearings and appeal/grievance hearings, and during any subsequent interviews/meetings with the Chief of Police and his designees.

3.16.7 ADMINISTRATIVE INVESTIGATION INTERVIEWS

A. Prior to any interview that is part of an official administrative investigation the employee shall be provided with notice of the allegations against him/her, a statement of the employee’s rights and responsibilities relative to the investigation and interview, a description of existing evidence in the matter and information regarding the consequences of untruthfulness. If the Department member is being questioned as a witness only, they shall be so informed.

B. Such interviews shall be conducted at reasonable hours, preferably when the member is on duty, unless the time conflicts with the work schedule of the investigator. In that case, a reasonable timeframe shall be agreed upon by the investigator and the involved employee, unless the seriousness of the investigation requires immediate action. In serious matters, the administrative investigation interview will normally be conducted as soon as possible following the incident.

C. Interviews shall take place at a location designated by the Department investigator, normally the Department headquarters building.

D. During all administrative investigations and interviews, employees will be treated with respect.

E. Employees will answer all questions fully and truthfully and will not intentionally omit any material facts. This applies to any earlier initial inquiries by a supervisor attempting to ascertain the nature or extent of a complaint.

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F. Department members may request and have a representative present during an interview but that representative may not participate in the dynamics of the interview. This subsection serves as notice of the right to have a representative present at administrative investigation interviews.

G. An interview may not exceed four hours without compelling and articulable circumstances or as otherwise authorized by the Chief of Police or designee.

H. The scope of the interview will be narrow and directly related to the allegation or nature of the complaint, job performance and fitness for duty issues.

I. There is no right to counsel in administrative investigative interviews, but there is no prohibition of a representative being an attorney, so long as he/she does not interfere with the dynamics of the interview.

J. All interviews by the Office of Professional Standards will be audio recorded (and video recorded, when available). The employee may, with approval from the Chief of Police, obtain a copy of the transcript of their statement, or a duplicate recording of it, at a reasonable time following the interview. During the course of an investigation, supervisors may direct employees to provide a written statement.

K. Prior to any administrative interview of an employee, the employee shall be read and provided a copy of the Garrity warning and the Casper Police Department Rights and Obligations form.

3.16.8 ADMINISTRATIVE SEARCHES AND INSPECTIONS

A. Desks, lockers, storage space, rooms, offices, equipment, information systems, work areas, City vehicles and Department issued computers and telephones are the property of the City and are subject to administrative inspection at any time with or without cause. They may also be searched to retrieve City property, or to discover evidence of work-related misconduct, if there is reason to suspect such items are present in the area to be searched.

1. Since such areas are the property of the City, any expectation of privacy in these areas is unreasonable and will not be respected by the Department.

2. Only those employees who are acting in their official capacity pursuant to official Departmental business are authorized to search or inspect areas assigned to or belonging to other employees.

B. Private property that is brought to the workplace or to city vehicles by an employee is also subject to search and inspection as described above. An employee does not have a reasonable expectation of privacy in property brought to the workplace or City vehicles as against administrative inspections and searches.

3.16.9 RELIEF FROM DUTY

A. Any Department member may be relieved from duty and placed on administrative leave, with or without pay, as a temporary measure by the Chief of Police or highest ranking on-duty official for one or more of the following reasons:

1. Questions as to the Department member’s physical or psychological fitness for duty;

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2. Where the Department member’s continued presence on the job is deemed by a supervisor to be a substantial and immediate threat to either the Department or the public; in such case, the Chief of Police or designee shall be notified immediately;

3. Where a Department member refuses to obey a direct order issued in conformance with the Department’s written policies or ordinary practices;

4. Where temporary relief from duty is deemed appropriate by the employee’s supervisor pending resolution of an Office of Professional Standards investigation in a critical incident; or

5. In other circumstances as deemed appropriate by the Chief of Police or designee.

B. When an officer is placed on administrative leave, he or she may be required to immediately surrender to their supervisor or designated investigator all Department issued weapons, badges, handcuffs, radio, take-home car, keys, computers, and identification cards.

C. An administrative investigation will immediately begin while the member is on administrative leave and the matter will be appropriately concluded within a reasonable timeframe given the circumstances.

D. Administrative duties and/or reassignment may be utilized in lieu of administrative leave at the discretion of the Chief of Police.

E. During any administrative leave, an officer will not perform any duties that require the use of law enforcement authority, including in off-duty jobs.

F. Department members are not guaranteed administrative duty in lieu of administrative leave.

G. During paid administrative leave or duty, the Department member shall suffer no loss of pay, status, or other benefits. Being placed on administrative leave or duty shall not be interpreted as a punitive measure.

H. During any period of administrative duty or leave, the Department member shall remain available during normal business hours, (0800-1700 hours), for official Departmental needs, including those regarding the investigation, unless otherwise instructed.

3.16.10 OFFICE OF PROFESSIONAL STANDARDS AUTHORITY AND RESPONSIBILITY

A. During the course of an Office of Professional Standards investigation, the assigned Office of Professional Standards investigator works for and reports to the Chief of Police, and acts with corresponding authority.

B. An Office of Professional Standards investigator has the authority to require any Department member, regardless of rank, to provide information needed in an official Office of Professional Standards investigation.

C. The primary duty of an Office of Professional Standards investigator is to ensure the integrity of the Department. Office of Professional Services investigators shall conduct efficient, impartial and prompt investigations of allegations of misconduct against Department members and the Department itself.

D. Employees shall cooperate fully with the Office of Professional Standards investigations and shall not obstruct or interfere with such investigations.

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E. The Office of Professional Standards will maintain in central files records of all complaints, administrative investigation and evidence, and related dispositions, including disciplinary outcomes.

F. At the conclusion of an investigation, the Office of Professional Standards shall prepare and submit a report to the Chief of Police or designee which shall contain the following:

1. Allegation(s);

2. Investigative data;

3. Summary of the Investigation; and

4. Conclusion.

G. Once an administrative investigation final report is received, the Chief of Police or designee will make a final determination regarding disciplinary action within fourteen (14) days and return the documentation to the Office of Professional Standards. The Chief of Police may extend this period by providing written notice to the employee with a copy of the written notice to the Office of Professional Standards case file. The Office of Professional Standards will notify the employee’s commanders and supervisors of the disposition and of necessary action.

H. In the first quarter of each year, the Office of Professional Standards supervisor shall review the complaint investigation files for retention or purging. These files shall be retained in accordance with applicable City Records Retention policy. After the retention time period has passed the files will be destroyed, excluding those investigations:

1. Involving investigations of matters with criminal implications;

2. Where the Department has received notice of civil litigation, notice of administrative proceedings filed, or notice of a claim filed;

3. Involving alleged integrity violations (untruthfulness, bias, etc.) and/or civil rights violations, including use of force and other constitutional violations; and

4. Corresponding electronic complaint investigation files will be purged at the same time as paper files.

3.16.11 ADJUDICATION AND DISPOSITION

A. Disposition occurs when the Chief (or commander in cases of minor infraction(s)/misconduct) approves the actions taken during the investigation and makes a conclusion of fact.

B. Completed investigations will be classified as follows:

1. Unfounded. The alleged act(s) did not occur, or did not involve a Department employee;

2. Exonerated. The alleged act(s) did occur, but were lawful and appropriate;

3. Not sustained. Available evidence is insufficient to prove or disprove the allegation(s);

4. Sustained. The greater weight of the evidence establishes that the complaint is valid and that the employee or the Department violated professional standards;

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5. System Failure. The investigation reveals failure of policy, training, supervision, or equipment; or

6. Commended. The involved employee did nothing wrong and, in fact, performed exceptionally well during the complained upon incident.

C. Any complaint with a disposition code of “sustained” or “partially sustained” shall include a statement of any action taken against the employee.

D. Unless some type of culpability by the employee is shown, there shall be no mention of the incident in the personnel files.

E. Employees who receive disciplinary action will have a summary of the incident outlining the supporting facts, placed in their personnel file in accordance with City of Casper Administrative Policy and Procedure 8.2.1.

F. Employees who do not receive sanctions as a result of an internal investigation, but do receive remedial training or employee counseling will have the course of action noted in their performance appraisal.

G. If the investigation reveals that the employee acted in a manner that demonstrates exemplary service and deserves recognition or commendation the appropriate recognition will be given the employee and documented in the employee’s personnel file.

H. A summary of the internal investigation will be reviewed with the employee(s) involved; a copy of the final report, appropriately redacted to ensure confidentiality of other employees’ personnel records, may be viewed by the affected employee(s) at the discretion of the Chief of Police.

3.16.12 IA RECORDS MANAGEMENT

1. All complaints and associated investigations will be entered into the Department’s Internal Affairs and Professional Standards case management system, regardless of the nature of the complaint or disposition of the investigation.

2. Investigative documents will be filed/maintained in the Office of Professional Standards. A record of all complaints against the department or its employees shall be maintained in a secure location as directed by the Chief of Police. This records activity is an exception to personnel records and the department’s records system. All such records of complaints are confidential with a provision that the Chief of Police may release statistical summaries with specific information redacted.

3. Internal investigations records will be maintained for the duration of the employment, and thereafter will be purged in accordance to state retention requirements and paragraph 3.16.10(H) of this policy.

3.16.13 CORRECTIVE DISCIPLINARY ACTIONS

1. After appropriate supervisory or command-level investigation, including interview of the involved employee, supervisors or commanders may impose counseling, training and written reprimand summarily, as appropriate and subject to chain of command review.

2. Any greater disciplinary action must be delivered by the Chief of Police or designee.

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3. The Department disciplinary categories/matrix shall be used to determine appropriate disciplinary action. Departure from it must be approved by the Chief of Police.

3.16.14 DISCIPLINARY CATEGORIES/MATRIX

A. The Department uses a discipline categorization system and matrix to identify presumptively correct disciplinary actions for various types of misconduct. This is intended to help assure that prescribed discipline is proportionate, fair and consistent. It will also promote positive behavior by insuring awareness of consequences. The disciplinary matrix is located in the appendix of this manual. Discipline categories are explained below. Where a “midpoint” is identified, it is the presumptively correct action and shall be used except as is otherwise permitted by this policy.

B. Categories of Misconduct.

1. Misconduct is categorized based on degree of severity. The categories range from Category “A” through Category “E”. Category “A” contains the lowest levels of infractions and involves non-punitive measures. Category “B” violations or higher will normally result in punitive measures.

a. Category “A” – Conduct violation in a single incident that has a minimal negative impact on the operations or reputation of the Department. Sanctions are considered non-punitive.

b. Category “B” – Violations that have more than minimal impact on the operations or reputation of the Department or that negatively impacts relationships with other officers, agencies or the public. This includes repeated acts from Category A within time frames listed below.

c. Category “C” – Violations that have a pronounced negative impact on the operations or reputation of the Department or on relationships with employees, other agencies or the public. This includes repeated acts from Category B within time frames listed below.

d. Category “D” – Violations that are contrary to the core values of the Department or that involve a substantial risk of officer or public safety. This includes repeated acts from Category C within the time frames listed below.

e. Category “E” – Violations that are contrary to the core values of the Department. This includes acts of serious misconduct or acts of criminal conduct. This also involves any conduct that will effectively disqualify an employee from continued employment as a law enforcement officer.

2. Matrix categories may not be sequentially followed in cases where there may be a number of similar violations or in cases where there are particularly egregious circumstances. The matrix is considered a guideline only and it is within the Chief of Police’s discretion to deviate from the matrix based on the individual case.

C. Repeated Acts. Repeated violations in any category may move an infraction to the next level. Second and/or subsequent violations within categories will be treated as an aggravating factor and will normally increase the category of a current violation and/or its punishment to the next higher category, per the following:

1. Second and/or subsequent violation of similar nature in Category “A” within a 1 year period will increase the repeated violation to a Category “B”.

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2. Second and/or subsequent violation in Category “B” within 2 years will increase the violation to Category “C”.

3. Second and/or subsequent violation in Category “C” within 3 years will increase the violation to Category “D”.

4. Second and/or subsequent violation in Categories “D” and “E” within a five year period will normally result in separation of service.

D. Types of Violations.

1. The disciplinary matrix contains generalized headings and sub-headings with presumptively prescribed dispositions. The generalized headings are as follows:

a. General Duty, Conduct, and Behavior;

b. Unlawful Conduct;

c. Evidence & Found Property Violations;

d. Untruthfulness/Deception;

e. Equal Protection/Harassment;

f. Misconduct and Criminal Reporting Obligations;

g. Disclosure of Department Information;

h. Prohibited Associations and Establishments;

i. Conflict of Interest/Appearance of Impropriety;

j. Public Statement/Appearance and Endorsements;

k. Supervisory Duty and Conduct;

l. Secondary Employment;

m. Evidence and Property Violations;

n. Handling of Prisoners;

o. Departmental Collisions;

p. Use of Force;

q. Firearms;

r. Investigative Protocol;

s. Care and Use of Agency Uniforms and Equipment; and

t. Miscellaneous Issues.

E. General Sanctions/Penalty Ranges.

1. Category “A” Violations: Remedial Corrective Action

a. Verbal counseling;

b. Training and/or education;

c. Documented counseling/coaching;

d. Mediation;

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e. EAP or other Psychological Services; and

f. Other non-punitive action.

g. A single sanction or a combination of the above listed sanctions may be deemed appropriate. Training and/or work rules can also be ordered in conjunction with any sanctions listed above.

2. Category “B” Violations:

a. Documented counseling/coaching;

b. Written Reprimand.

c. A single sanction or a combination of the above listed sanctions may be deemed appropriate. Training and/or work rules can also be ordered in conjunction with any sanctions listed above.

3. Category “C” Violations:

a. One to three days (8-24 hours) suspension [midpoint 2 days] from duty without pay.

b. A single sanction or a combination of the above listed sanctions may be deemed appropriate. Training and/or work rules can also be ordered in conjunction with any sanctions listed above.

4. Category “D” Violations:

a. Four to thirteen days [midpoint 9 days] suspension from duty without pay.

b. Training and/or work rules can also be ordered in conjunction with any sanctions listed above.

5. Category “E” Violations:

a. More than thirteen (13) days suspension from duty without pay; and/or

b. Demotion; or

c. Termination.

d. Training and/or work rules can also be ordered in conjunction with any sanctions listed above, where applicable.

F. Deviation from Presumptively Prescribed Dispositions.

1. A supervisor or commander who recommends or imposes a disciplinary action other than the presumptively prescribed action shall document the aggravating or mitigating factors that justify deviation.

2. In cases where recommended disciplinary measures deviate from prescribed matrix standards, an independent review board consisting of three supervisors designated by the Chief of Police shall review the recommendation and report their findings in writing to the Chief of Police. The Chief of Police shall determine final disposition based on the information presented.

C P D Number: ASPER OLICE EPARTMENT 3.16 POLICIES …...Section: 3.16 CPD Policy and Procedure...

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Transcript of C P D Number: ASPER OLICE EPARTMENT 3.16 POLICIES …...Section: 3.16 CPD Policy and Procedure...