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Gen. Man. Proc. 303

Disciplinary Procedures

QuestionAnswer
True or False? The department accepts some complaints, regardless of form, source, or substance, and initiates investigative action appropriate to the seriousness of the complaints. False: accepts ALL complaints
To achieve the desired degree of effectiveness, disciplinary procedures address considerations and expectations from the following three perspectives, which are? Community or external concerns, Departmental or Internal concerns, and Employee concerns.
__ shall determine which unit or department member shall investigate allegations of criminal misconduct made against a member of the department. the Chief of Police
True or False? Officers will immediately self report to their immediate supervisor, verbally and in writing on SAPD form 200-OR, any disturbances they are involved requiring a law enforcement response, or have the potential to result in a complaint. True
On-duty officers handling any incidents involving another officer (including from __ ) shall immediately notify their supervisor (handling officers supervisor) prior to departing the location. Other Deparments
__ generally constitute disciplinary matters limited to and involving a minor variance from the routine activities and responsibilities of the sworn member in question. Line Complaints
Line Complaints: __ is when the complainant requests contact by the sworn members supervisor. Type A Complaint
Line Complaints: __ is when the complainant does not wish to be contacted by a supervisor but relates a potentially substantive problem or relates only nonspecific or general information. Type B Complaint
True or False? When addressing line complaints , the complainant should sometimes be reminded that they may also contact the Internal Affairs Unit if they are not satisfied with the immediate supervisors response? False: should ALWAYS
When appropriate, the Section Commander, with concurrence form the Division Commander, addresses the sworn members behavior with __, a __, or a suspension of up to __? Counseling, Written Reprimand, (3) calendar days
Anything less than a __ suspension is not considered discipline. (1) day suspension
True or False? All line complaints shall be investigated by the officers chain of command within( 21) calendar days from the date of the written complaint. True
True or False? If the member does not agree with the contemplated disciplinary action within (6) calendar days, the case will be forwarded to the Internal Affairs Unit for investigation. False: (5) calendar days
True or False? Complaints investigated through the chain of command do not entitle the officer to have an attorney present during the interviews with their commanding officer. True
True or False? Line Complaints: During the (6) calendar days time period nothing prohibits an officer from seeking advice from an attorney or an Association representative. False: (5) calendar days
__ generally constitute matters involving conduct that exhibits a significant variance from behavioral expectations or practices established through formal training, departmental rules, regs., policies, or proced., regulating a sworn members conduct. Formal Complaints
Formal complaints include, but are not limited to, the following: Behavorial infractions; Conduct that if proven would constitute a crime; A suspension exceeding (3) calendar days; Harassment/ Discrimination; Racial profiling; Unnecessary or excessive use of force; incidents requiring formal disciplinary proceedings
Formal Complaints: Any disciplinary action must be agreed upon by the sworn member and the Chief, and must be enacted within __ calendar days of the agreement. 30
True or False? Formal Complaints: A suspension agreed to by a member may be appealed or altered by the Civil Service Commission, an arbitrator, or any court False: may NOT be appealed or altered
Formal Complaints: In no event can the expedited disciplinary track be requested within __ calendar days of the expiration of the complaints __ calendar day timeline in Chapter 143 of the Local Government Code. 60 calendar days and 180 calendar day timeline
__ complaints constitute citizen dissatisfaction with police services for reasons other than complaints of officer misconduct. Service complaints
Service complaints include, but are not limited to the following? Call response times; Handling of a civil matter; Discretionary call screening; Unavailability or delay of other police services; Any other complaint that does not violate policy or procedure or involve officer misconduct.
Complaints of alleged misconduct by sworn members that are initiated from within the Department shall list the __ as the complainant. Administration
Copies of all complaints received or handled by members of the Department shall be forwarded to __? The Internal Affairs Unit
True or False? Officers shall not discuss details of any complaint with persons outside of the disciplinary process. True
What are the business hours of the Internal Affairs Unit? 0800-1800 hours
Section Commanders/ Unit Directors receiving disposition reports on line complaints shall implement disciplinary action, when necessary, up to a __ day suspension (with concurrence of the division commander) 3 day suspension
The Internal Affairs Unit shall receive line complaint disposition reports and formal complaint investigation packets from __? Division Commanders
The Internal Affairs Unit shall investigate formal complaints of sworn member misconduct and present the findings to the __? Complaint and Administrative Review Board (CARB)
The Internal Affairs Unit shall send __ notices to officers who's Formal Complaints have been dismissed for cause. Deactivation Notices
Officers under investigation shall be informed __ hours prior to being interrogated or asked to respond to an investigation by the Internal Affairs Unit. 48 Hours
True or False? Officers shall be allowed to review, copy verbatim or photocopy, any information as listed in the current Collective Bargaining Agreement. False: shall be allowed to review, but NOT copy
Officers shall not release the provided information to any person other than their __, or __? Attorney or Representative
The __ investigates police vehicle crashes and shall present their findings of the investigation to the __? Homicide Unit and Crash Evaluation and Review Board
The __ shall review disciplinary cases investigated by the Internal Affairs Unit prior to their submission to the __? Police Legal Advisor and Complaint and Administrative Review Board
A sworn member may, at his option, request a supervisory officer accompany him to a complaint interview, if the interview is conducted by __? the Internal Affairs Unit
A sworn member of the Internal Affairs Unit holding the rank of sergeant or above, when conducting a complaint interview with a sworn member, may request, or order if necessary, a sworn member of any rank to? Submit a written or audio/ video report; Answer Interrogatories; Provide physical evidence; or Otherwise cooperate in any manner with the Internal Affairs Unit personnel during an investigation
True or False? A non-member administers the polygraph examination to a sworn member to prevent any perception of bias? True
True or False? To avoid any undue embarrassment to an officer or the department, the polygraph examination shall be administered to an officer while in uniform or in direct sight. False: shall NOT be
Only the __ reviews the sworn member's polygraph examination results. Chief of Police
The only official disciplinary documentation permitted in any officer's possession is that which the officer __ Personally Prepared
Complaint and Administrative Review Board: A quorum consists of __ members, provided there are at least __ active/ participating appointed members each member has __ votes. 3, 6, and 1 vote
Police Advisory Action Board: A quorum consists of __ members and each sworn member has __ votes. 5, 1 vote
Misconduct Case Findings: __ means the allegations did not occur. Unfounded
Misconduct Case Findings: __ means the allegations could not be proved or disproved. Inconclusive
Misconduct Case Findings: __ means the allegations reported are found to have occurred. Sustained
Misconduct Case Findings: __ means the conduct complained of did occur, but was necessary and appropriate to accomplish a valid law enforcement objective. Justified
Crash Evaluation and Review Board: A quorum consist of __ members and each member has __ votes. 3, and 1 vote
City Vehicle Accident Case Findings: __ means the sworn member failed to exercise reasonable care in the operation of the city vehicle, deviated from established driving practices, and was the major cause of the crash. Chargeable
City Vehicle Accident Case Findings: __ means the officer failed to use care in operation of a city vehicle, deviated from est. practices and was a contributing factor to crash based on the unsafe speed or operation or violation of Gen Man Proc 609. Chargeable Due to Contributory Factors
City Vehicle Accident Case Findings: __ means the officer exercised reasonable care and caution, the same care and caution that an ordinary and prudent person in the same circumstances as the officer would use, in the operation of a city vehicle. Non-chargeable
Point assessment for sworn members involved in police vehicle crashes is based on the following criteria: Non-chargeable (0 points); Chargeable due to Contributory Factors (1 point); Chargeable (2 points)
Damage to the city vehicle that renders the vehicle a total loss. (2 points)
Damage to the city vehicle that exceeds $5,000 in repair costs but does not render the vehicle a total loss. (1 point)
The crash resulted in serious bodily injury, excluding death, to any person(s). (minimum 2 points)
Point assessment for sworn members involved in police vehicle crashes is based on the following criteria: Non-chargeable (0 points); Chargeable due to Contributory Factors (1 point); Chargeable (2 points)
If unsafe speed and/ or operation is determined to be a contributing factor. (minimum 1 point)
Damage to the city vehicle that renders the vehicle a total loss. (2 points)
If a Chargeable or Chargeable due to Contributory Factors crash results in death, __ point value is assessed. The __ administers whatever discipline he deems appropriate. No point value, Chief of Police
Damage to the city vehicle that exceeds $5,000 in repair costs but does not render the vehicle a total loss. (1 point)
The crash resulted in serious bodily injury, excluding death, to any person(s). (minimum 2 points)
If unsafe speed and/ or operation is determined to be a contributing factor. (minimum 1 point)
The crash resulted in bodily injury to any person(s). (1 point)
If a Chargeable or Chargeable due to Contributory Factors crash results in death, __ point value is assessed. The __ administers whatever discipline he deems appropriate. No point value, Chief of Police
During the preceding __ months each crash NOT exceeding __ points total will be removed from consideration for the sworn member's cumulative point assessment total after __ months. 24 months, 2 points, 12 months
True or False? Calculations are based on the date of the crash, not the Board ruling date. True
Related to Sworn Member Vehicle Crashes: Written counseling 1 to 2 points
Related to Sworn Member Vehicle Crashes: Written Reprimand 3 points
Related to Sworn Member Vehicle Crashes: 1 day suspension 4 points
Related to Sworn Member Vehicle Crashes: 3 day suspension 5 points
Related to Sworn Member Vehicle Crashes: 5 day suspension 6 points
Related to Sworn Member Vehicle Crashes: 10 day suspension 7 points
Related to Sworn Member Vehicle Crashes: A minimum 15 day suspension with the possibility of an indefinite suspension or job reassignment for numerous crashes within a 24 month period. 8 points or more
If the sworn member is charged with manslaughter, intoxicated manslaughter, intoxicated assault, criminal negligent homicide, failure to stop and render aid, or driving while intoxicated resulting in a crash, the disciplinary action shall be __ Temporary Suspension until the disposition of the charge
Any crash that results in a death, regardless of the ruling by the board, is forwarded to the __ for review. District Attorney's Office
Line Complaints: Suspensions of 3 days or less are investigated via __? Chain of Command to Captains
Formal Complaints: Suspensions of more than 3 days are investigated via __? Internal Affairs to Complaint and Administrative Review Board
Created by: toniazzo