I-9 DISCIPLINARY PROCEDURES

CLASSIFICATION

DEPARTMENT

SOCIAL SECURITY NO.

You are hereby notified of disciplinary action as specified:

I-9 DISCIPLINARY PROCEDURES

EFFECTIVE: 10/03/2006

CALEA Standards: 26.1.2, 26.1.4 – 26.1.8, 52.1.8

CFA Standards: 11.02-11.06, 27.03

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:

A. 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.

B. Discipline - The process whereby the employer ensures that each member's behavior conforms to standards established by the employer, including compliance and adherence to Departmental rules, regulations, directives, and policies.

C. 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. 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:

1. Chief of Police:

a. non-punitive discipline,

b. emergency relief from duty,

c. suspension for not more than 30 days during any twelve-month period,

d. reduction in pay,

e. demotion in rank, and

f. dismissal from the Department.

2. First level supervisors through Assistant Chiefs of Police:

a. non-punitive discipline,

b. recommendation for punitive discipline.

c. recommendation for remedial training.

3. Lieutenants through Assistant Chiefs:

a. 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, the City of West Palm Beach Civil Service Rules and Regulations, and, when necessary, the approval of the Chief of Police, the following recognition, discipline, counseling, and retraining actions may be given/imposed against a member of the Department:

1. Recognition - Any letter of recognition or commendation concerning a positive action of a member. Such 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:

a. The original is given to the member.

b. A copy is maintained in the member’s section/platoon file.

c. If the recognition is of a significant nature, a copy is maintained in the member’s personnel file in the Human Resources Department and at the Police Department.

2. Verbal Counseling or Reprimand - A non-punitive measure of discipline issued by members of superior rank or authority for infractions or violations of rules, regulations, policies or directives or to educate a member about a deficiency. Verbal reprimands and counseling are documented by supervisors in the member’s section file.

3. Remedial Training - A non-punitive measure which may be recommended by a member of superior rank or authority within the chain of command of the member's division or bureau or by Staff Services Division Training Officer(s) or a Field Training Officer when the subject is participating in a defined course of training. Remedial training is required to correct a specific deficiency usually identified by testing or any other evaluation method used during training or supervisory evaluation during routine 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.

4. Written Reprimand -A punitive measure which is recommended by a member of superior rank and authority for more serious infractions of rules, regulations, directives or standard operating procedures, or for repeated procedural error in the line of duty. The Chief of Police reserves the right to review the circumstances surrounding a written reprimand and may agree with, impose stricter punishment or void the reprimand. The written reprimand is documented on a Disciplinary Action form.

5. Suspension -A punitive action which may be recommended by a member's immediate supervisor or higher authority within the chain of command, but may not be imposed without the approval of the Chief of Police. 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.

6. Reduction in Pay - A punitive action which may be recommended by a member of superior rank or authority and approved by the Chief of Police in accordance with provisions in Civil Service Rules and Regulations and Departmental 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.

7. Demotion - (Reduction in Class). A punitive action which may be recommended by a member of superior rank or authority and approved by the Chief of Police in accordance with provisions in Civil Service Rules and Regulations 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.

8. Dismissal - A punitive action which may be recommended by a member of superior rank or authority and approved by the Chief of Police in accordance with provisions in Civil Service Rules and Regulations 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 (Appendix A).

a. When a member is dismissed, the following will be made available to him or her in writing within the disciplinary action form:

1) reason for dismissal,

2) effective date of dismissal,

3) status of fringe and retirement benefits after dismissal, and

4) content of the officer’s employment record relating to the dismissal.

C. 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 is maintained in the member’s personnel file at the Police Department.

3. A copy may be maintained in the member’s section/platoon file.

4. A copy is given to the member.

5. A copy is maintained in the member’s Internal Affairs file, when applicable.

6. A copy of the Disciplinary Action is given to payroll to document loss of pay or termination, when applicable.

D. Reports of final disciplinary actions that are punitive in nature will become a permanent part of the member's personnel file and the Internal Affairs name file. These reports may be purged in accordance with guidelines established in Florida’s Department of State General Records Schedule for State and Local Government Agencies (Schedule GS2) and current City records retention policies.

E. The Internal Affairs Unit will be responsible for maintaining accurate records of all complaints against the Department or its members and providing annual statistical summaries based on those records to the Chief of Police.

F. Platoon or Section files will be purged every three years.

1. All purged materials will be forwarded to the Support Services Division Administrative services Supervisor for proper disposition.

V. LEVEL OF EMERGENCY ACTION:

A. Whenever improper conduct is observed by or reported to any member, it will be the responsibility of that member to inform the offending member's supervisor for possible disciplinary action.

B. Whenever a member feels that another member of 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 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 or a designee Assistant Chief.

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. When the investigation substantiates the validity of the charges, the above violations are cause for dismissal. Depending on the seriousness of the offense, and even if it is a first offense, discipline of a progressive nature is not required.

2. The Chief of Police reserves the right to change the duty status of the accused member until the investigation is completed.

C. When any Supervisor becomes aware of or is assigned to investigate a member with a disciplinary problem, he or she will thoroughly investigate the incident and ascertain if disciplinary action is necessary.

D. If a verbal reprimand or counseling is decided upon, the supervisor will meet with the member to administer the reprimand or counseling and document the meeting within the member’s platoon/section file.

E. If the supervisor feels a written reprimand is appropriate, disciplinary recommendations shall be documented on a PD 514, Disciplinary Recommendation Form (Appendix C). 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 a designee agrees that the punishment be a Written Reprimand, the Division Commander or Shift Commander will prepare a Disciplinary Action form and serve it to the member.

F. If a suspension, discharge or reduction in classification or pay is being considered, the supervisor will:

1. Complete a Disciplinary Recommendation Form (Appendix C). This document shall be forwarded through the affected member’s chain of command to the Chief of Police or a designee. The Chief of Police or a designee may approve or revise the recommended disposition.

a. The Chief of Police may consult with the Human Resources Department and the Law Department if the punishment is a suspension for a significant amount of time, discharge, or reduction in classification or pay.

2. After the Chief of Police has determined a disposition, the Division Commander or a designee will prepare the Notice of Right to Disciplinary Hearing form (Appendix B) and serve to the member.

a. The meeting does not have to be tape 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.

b. If the member desires a predetermination hearing, the Chief of Police or a designee will schedule the hearing no less than two (2) regular business days in advance.

c. The member may elect to submit a written statement instead of having a hearing or may waive the hearing. If the member waives the hearing, the Division Commander or Shift Commander will prepare the Disciplinary Action form and serve to the member.

d. If the member refuses to sign the Notice of Your Right to a Disciplinary Hearing 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.

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. Predetermination Hearing.

1. All classified non-probationary members are entitled to a predetermination 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.

2. The hearing officer will be a Captain or above in rank, and not from the same division as the member who is the subject of the hearing.

3. 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.

4. Any predetermination hearing will be tape recorded.

VIII. ADMINISTRATIVE LEAVE:

A. Administrative reassignment must be approved by the Chief of Police 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 some type of duty which would restrict him or her to police headquarters or is reassigned to the member’s place of residence 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. While on administrative reassignment, the member:

1. Is assigned to a duty shift of normal business hours, Monday through Friday 0800-1700 hrs., with lunch assigned 1200 to 1300 hrs.

2. Must, if reassigned to the member’s place of residence, make telephone contact with the Internal Affairs Unit, the Bureau Commander, the Division Commander, or a designee each weekday at 0800 hrs. and at 1700 hrs., excluding holidays. The person and number to be contacted will be designated no later than the first normal business weekday following imposition of administrative reassignment.

3. Must, if reassigned to the member’s place of residence, remain there during the 0800 hrs. to 1700 hrs. excluding the assigned 1200 hrs. to 1300 hrs. lunch period.

a. 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 and with completion of a Leave Report and the approval of the contact person as designated in paragraph 2. above.

4. Must be available to respond to the Police Administration Building immediately on request during the assigned duty hours for the purpose of interviews to provide information pertaining to the investigation and/or any other work or duty related matters.

5. Is subject to recall to normal duty at any time.

D. 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 Internal Affairs Unit and the Bureau Commander imposing administrative reassignment.

2. A member on extended administrative reassignment may request the use of earned accrued leave for an extended period of time (ex.: a two week vacation) during the reassignment period with the additional approval of the Internal Affairs Unit and the Bureau Commander imposing the administrative 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. 2

E. The member placed on administrative reassignment will honor all subpoenas and court related responsibilities. Future scheduled court appearances will be reported to the Internal Affairs Unit and the Bureau Commander imposing the reassignment.

IX. REFERENCE:

· Civil Service Rules and Regulations Article V, Rule XII, Section 2, XI, Section 4. F.S.S. 112.533

· SOP # I-10 Grievance Procedure.

· SOP # II-4 Department Awards/Recognition.

· SOP # II-5 Random Drug Testing.

· SOP # II-6 Employee Assistance Program.

· SOP # III-9 Domestic Violence.

· SOP # III-14 Weapons and Ammunition.

· SOP # IV-22 Internal Affairs Function.

__________________________

Delsa R. Bush, Chief of Police

Original issue: 07/15/88

Revised: 10/03/2006

I.D. # 791

History: SOP # changed to I-9 on 01/01/2005; SOP # changed to 11.01 on 06/01/99

Old SOP # 6.050.001 Disciplinary Procedures, 6.100.005 Counseling Procedures

Revision Dates: 06/01/1999, 12/15/1999, 02/15/2001, 10/15/2001, 01/01/2005, 10/03/2006

Job Title Task Files: All Supervisory Personnel

· The City of West Palm Beach Discipline Administration Manual.

Appendix A

CITY OF WEST PALM BEACH FLORIDA

HUMAN RESOURCES DEPARTMENT

#5106

FORM PE IV (Rev.) 3/99

DISCIPLINARY ACTION

CHARGES and SPECIFICATIONS: NOTE: Specify the reasons for disciplinary action. Refer to sections of the Civil Service Rules and Regulations violated. Charges should be in the language specified in the Civil Service Rules and Regulations.
This is to become effective on the day of , 19 at o’clock M.
You may appeal a suspension, removal, or reduction in class/pay to the Civil Service Board within 10 days of receipt of this notice.

NOTICE SERVED UPON EMPLOYEE AS FOLLOWS:
By Mail Personally this day of 20 at o’clock M. Signature of Server Signature of Employee		Department Director Human Resources Director of Human Resources

DISTRIBUTION: Human Resources (original signature) Employee Originating Department Internal Affairs

Appendix B

NOTICE OF YOUR RIGHT TO A

DISCIPLINARY HEARING

Employee Name:
Department:
Soc. Sec. #:		Date:

The following charges are being considered against you:

The following disciplinary action is recommended:
	Suspension for		working hours
	Discharge/Removal
	Reduction in Pay or Class From:
		To:
Notice Served By:				Date:

If you are a classified, non-probationary employee you are hereby notified of your right to request a hearing regarding the above charges and action. Indicate your preference below and return this form to your supervisor or to the office of the department director within two (2) work days. If you are a bargaining unit employee, you may bring a union representative with you to the hearing.

You may elect to submit a written statement within two (2) working days of receipt of this notice regarding these charges in lieu of the hearing or you may elect not to take advantage of either opportunity.

		I DO desire a disciplinary hearing regarding these charges.
		I DO NOT desire a disciplinary hearing regarding these charges.

Employee Signature:

Date:

Distribution:  Human Resources (original signature)  Employee  Originating Department  Internal Affairs

Appendix C

WEST PALM BEACH POLICE DEPARTMENT

DISCIPLINARY RECOMMENDATION FORM

Employee: ___________________________________________ ID#:_________________

IA/PC/Incident Number: _______________________________________________________________

_____________________________________ ___________ __________________

Printed Name of Supervisor Conducting # ID Number Signature and Date

Initial Investigation

Recommend Action of:

o Oral Reprimand o Letter of Counseling o Remedial Training_______________________(Type)

o Written Reprimand o Suspension from Duty ________________ Total Hours of Suspension Recommended:

o Demotion in rank o Termination of Employment

_______________ ________ _________________

Reviewers Printed Name # ID Number Signature and Date

Concur o Don’t Concur o

Recommend Action of: o Oral Reprimand o Letter of Counseling o Remedial Training_______________________ (Type)

o Written Reprimand o Suspension from Duty ________________ Total Hours of Suspension Recommended:

o Demotion in rank o Termination of Employment

_______________ ________ _________________

Reviewers Printed Name # ID Number Signature and Date

Concur o Don’t Concur o

Recommend Action of: o Oral Reprimand o Letter of Counseling o Remedial Training_______________________ (Type)

o Written Reprimand o Suspension from Duty ________________ Total Hours of Suspension Recommended:

o Demotion in rank o Termination of Employment

_______________ ________ _________________

Reviewers Printed Name # ID Number Signature and Date

Concur o Don’t Concur o

Recommend Action of: o Oral Reprimand o Letter of Counseling o Remedial Training_______________________ (Type)

o Written Reprimand o Suspension from Duty ________________ Total Hours of Suspension Recommended:

o Demotion in rank o Termination of Employment

PD-514