5.6 Disciplinary Procedures

Centreville Police Department Title: Disciplinary Procedures Directive #: 5.6 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Purpose To provide supervisors and officers with information about the different types of supervisory and disciplinary procedures.

B. Policy The CPD will use a supervisory model for all officers that is on a continuum which will provide a progressive approach to keep officers focused and productive while deterring unwanted behavior.

C. Definitions

HEARING BOARD:

• a panel that is authorized by the Chief to hold a hearing on a complaint against an officer.

PROBATIONARY OFFICER:

• an officer who has not completed the mandated one year probationary period .

D. Procedures

1. Performance Appraisal System Documentation (Job Observation Report)

a. Overview

(1) CATEGORY: non-disciplinary.

Page 1 of 6

(2) USED FOR: improvement of performance and very minor violations.

(3) RESTRICTIONS: N/A.

(4) DISPOSITION: written documentation (Job Observation Report and Job Observation Record).

(5) ADMINISTRATIVE INVESTIGATION CONDUCTED: Discretionary.

b. Key Points Detailed information about the Performance Appraisal System may be found in the Performance Appraisal System Manual.

c. Procedures Supervisors will:

(1) document officer work performance and behavior using the Job Observation Report and Job

Observation Record; and

(2) review performance appraisals with officers to ensure the mission and values of the CPD are

supported.

2. Personnel Counseling

a. Overview

(1) CATEGORY: non-disciplinary.

(2) USED FOR: very minor violations.

(3) RESTRICTIONS: behavior requiring formal disciplinary action.

(4) DISPOSITION: written documentation (Personnel Counseling Record).

(5) ADMINISTRATIVE INVESTIGATION CONDUCTED: Discretionary.

b. Key Points Supervisors will:

(1) conduct counseling at the time of the violation, or as soon as possible after the occurrence

of the inappropriate behavior or at the conclusion of the investigation;

Page 2 of 6

(2) document officer performance and provide guidance to correct behavior that is not in compliance

with current CPD policies;

(3) focusing counseling on the violation, pointing out areas for improvement and recommending

a course of action, including training, to help the officer improve; and

(4) encourage the officer to offer suggestions to improve the behavior and performance.

c. Procedures

(1) The Personnel Counseling Record is used to document counseling sessions.

(2) The officer will be given three business days to review, sign and comment in writing on the

Personnel Counseling Record.

(3) If the officer refuses to sign the Personnel Counseling Record, the supervisor will write “Refused to

Sign” on the officer’s signature line.

3. Alternative Disciplinary Process (ADP)

a. Overview

(1) CATEGORY: disciplinary.

(2) USED FOR: minor violations.

(3) RESTRICTIONS: departmental collisions and damage or loss of CPD equipment are not eligible as

these incidents require an administrative investigation.

(4) DISPOSITION: consistent with Category “B” or “C” offenses.

(5) ADMINISTRATIVE INVESTIGATION CONDUCTED: No.

b. Key Points

(1) Chief may offer ADP when the:

(a) the alleged violations are serious enough to compel formal disciplinary action;

(b) an administrative investigation is not conducted;

(c) facts which constitute a minor violations are not in dispute; and

Page 3 of 6

(d) officer agrees to the punishment recommended by the Chief.

(2) The officer must agree that the minor misconduct occurred and want to resolve the issue by

accepting the disciplinary action recommended by the Chief.

(3) It is the officer’s option to accept ADP; if he does not accept ADP, an investigation will be

conducted to determine if misconduct has occurred.

c. Procedures

(1) The investigator will contact the Chief to discuss the case, the feasibility of offering ADP and the

recommended disciplinary action.

(2) When an agreement is reached between the Chief and Investigator, regarding the use of ADP and

the recommended discipline, the Chief will:

(1) meet with the officer to discuss the allegation and recommended discipline.

(3) The Chief will ensure the officer understands that:

(a) acceptance of the recommended discipline only applies under ADP;

(b) additional investigations and disciplinary actions may result if other allegations or information

comes to light; and

(c) acceptance of ADP will not excuse the officer from being interviewed at a later time to provide

information pertaining to other officers or additional allegations.

(4) If the officer accepts ADP, he will sign the ‘Notification of Charges/Waiver of LEOBR & Acceptance

of Punishment’ form.

(5) If the officer does not accept the recommended discipline:

(a) the officer will be ordered, in writing, not to discuss the case with anyone other than his

counsel, commander or the investigator;

(b) the alleged violation will be investigated.

4. Summary Punishment

a. Overview

(1) CATEGORY: disciplinary.

(2) USED FOR: minor violations.

Page 4 of 6

(3) RESTRICTIONS: cannot be used for any Category “D” or “E” violation.

(4) DISPOSITION: may not exceed Category “C” penalties.

(5) ADMINISTRATIVE INVESTIGATION CONDUCTED: Yes.

b. Key Points

(1) The Chief may offer summary punishment when the:

(a) facts which constitute a minor violations are not in dispute;

(b) the officer accepts the punishment recommended by the Chief; and

(c) the officer waives the right to a formal hearing provided for by LEOBR.

c. Procedures

(1) The Chief will:

(a) prepare a ‘Notification of Charges’ form, with a concise statement of facts;

(2) refer to the Disposition Matrix when assigning a punishment;

(3) meet with the officer to determine whether the facts of the case are in dispute;

(4) if the facts are NOT in dispute, allow up to five working days for the officer to accept the

punishment; and

(5) ensure that the officer accepting Summary Punishment signs the reverse side of ‘Notification

of Charge/Waiver of LEOBR and Acceptance of Punishment’ form.

(2) If the facts of the case ARE in dispute, Summary Punishment will not be offered and the case will

be processed in accordance with the procedure for Hearing Boards.

5. Hearing Board

a. Overview

(1) CATEGORY: disciplinary.

(2) USED FOR: any type of formal disciplinary action.

(3) RESTRICTIONS: non-disciplinary documentation.

Page 5 of 6

(4) DISPOSITION: range from a written reprimand to termination.

(5) ADMINISTRATIVE INVESTIGATION CONDUCTED: Yes.

b. Key Points

(1) Behavior contrary to CPD rules and regulations may be cause for administrative charges.

(2) Except as provided in subsection (G)(2) of this directive, a probationary officer is not entitled to a

hearing as provided by LEOBR if he has been charged administratively.

c. Procedures Detailed procedures related to hearing boards may be found in Directive #5.10.

6. Probationary Officers

a. A probationary officer’s commander will attempt to correct inappropriate behavior through supervision and training.

b. Probationary officer are not entitled to LEOBR provisions unless there is an allegation of brutality or excessive force.

c. If disciplinary action is taken the Chief will:

(1) document the behavior as outlined elsewhere in this Section;

(2) select a penalty which he deems appropriate;

(3) present the completed ‘Acceptance of Punishment’ form to the trooper and have him sign the

form.

7. Documentation

Documentation related to disciplinary action against any employee will be maintained by the Chief in the appropriate file.

Page 6 of 6