5.9 Emergency Suspension

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

Centreville Police Department
Title: Emergency Suspension Directive #: 5.9
Issued: 10.1.2016 Revised: 7.12.2018 Rev. #1
Approved by: Kenneth N. Rhodes
Chief of Police
A. Policy
In accordance with the procedures in this directive, the CPD may suspend an officer's police powers when
deemed to be in the best interest of the public and the CPD.
B. Procedures
1. General Provisions
a. A suspension may be imposed against an officer by a supervisor of a higher rank than the suspended
officer.
b. An emergency suspension should be imposed when the officer:
(1) is the respondent to a temporary ex parte or protective order;
(2) is the respondent to a temporary ex-parte or peace order where the issuing authority prohibits the
officer from possessing a firearm;
(3) is accused of a criminal offense and a charging document has been issued by a court or the
issuance of a charging document is imminent;
(4) has been charged with a serious traffic offense that calls for a period of incarceration;
(5) is accused of a Category “E” offense which may result in a termination of his employment;
(6) is charged on a CPD ‘Notification of Admin. Charges’ form with a violation of a Category “E”
offense and after discussions with the Department Prosecutor, the recommended penalty is
termination of his employment; or
(7) fails to obey a lawful order dealing with submitting to an interrogation, interview, polygraph,
medical test, chemical test, blood test, photograph or line up.
c. An emergency suspension may be imposed in any other instance where a suspension of police powers
would be in the best interest of the Department and the public.
d. Concurrence of the Chief will be obtained as soon as possible.
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e. Any supervisor that initiates an emergency suspension of an employee will take immediate custody of
and forward to the Chief, the employee’s issued:
(1) firearms, magazines, and ammunition;
(2) badge;
(3) identification card;
(4) MPTC officer certification card; and
(5) vehicle
f. Emergency suspension without pay may be imposed when the officer has been charged with a felony.
g. A suspended officer will be advised whether the suspension is with or without pay by means of the
‘Emergency Suspension’ form.
h. The ‘Emergency Suspension’ form will be promptly faxed or emailed to the Department Legal Advisor.
i The suspended officer will be notified of the date, time and location of the emergency suspension
review hearing.
j. When an officer is suspended due to physical or psychological reasons:
(1) an ‘emergency Suspension’ form will not be completed; and
(2) by law, the officer is not entitled to an emergency suspension review hearing.
k. A suspended officer will not exercise his police powers until those powers have been restored
by the Chief.
l. Probationary officers are not entitled to an emergency suspension review hearing except in the case
of brutality.
m. Concerns about an officer’s ability to perform essential job functions, due to physical or psychological
reasons, will be referred to the Department Medical physicians.
2. Procedures
a. The Chief will promptly conduct an emergency suspension review hearing or may delegate the
authority to conduct the hearing to a CPD commissioned officer.
b. A suspended officer’s commander will:
(1) direct the suspended officer to appear for a review hearing; and
(2) be the presenter of facts or coordinate with the Department Prosecutor regarding the
presentation of facts.
c. Suspended officers may waive the review hearing by completing and submitting the ‘Emergency
Suspension - Waiver of Hearing’, to the officer’s commander.
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3. Emergency Suspension Review Board
a. The Emergency Suspension Review Board (ESRB) will be comprised of three members and at least one
will be the same rank of the suspended trooper.
b. The ESRB will convene within 72 hours of the suspension from duty unless the time limit is extended
by mutual agreement of the Department and the suspended officer.
c. The ESRB will conduct a hearing and recommend to the Chief one of the following:
(1) Suspension was not justified and the officer should return to duty.
(2) Suspension was justified but the officer should return to duty.
(3) Suspension was justified and the officer’s suspension should continue.
d. The ESRB will limit the scope of the review and determine if the continuation of the suspension is
necessary to protect the public interest or the CPD; only matters dealing with the disposition of the
suspension will be heard.
e. During an ESRB hearing, a suspended officer may:
(1) be accompanied by counsel;
(2) rebut the reason(s) for the initial suspension;
(3) present mitigating testimony; and
(4) suggest alternatives to suspension.
f. The presenter of facts will:
(1) present reason(s) for the initial suspension;
(2) make recommendations concerning the officer’s leave status and temporary assignment
during the period of suspension; and
(3) recommend a final disposition on the suspension.
4. Emergency Suspension Review Board Chairman
The ESRB Chairman will:
a. ensure the hearing is taped and the tape is maintained by the officer’s commander;
b. advise the suspended officer that the suspension will continue pending the Chief's decision and that
the officer will be notified of the decision in writing;
c. prepare a report containing the ESRB’s recommendation and forward it to the Chief;
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d. instruct an officer who is suspended with pay and not assigned to administrative duties, to notify the
Chief, Monday through Friday, excluding holidays, between 0900 and 1000 hours and provide a
telephone number or location where the suspended officer can be contacted.
5. Chief’s Responsibilities
The Chief will:
a. review the ESRB’s report;
b. determine if the suspension should be continued; and
c. determine if the suspension is with or without pay.
d. issue a personnel order containing the details of the Chief's decision; and
e. ensure that the decision is promptly delivered to the officer.
6. Reinstatement of Police Powers
a. When police powers have been suspended, with or without pay, and the allegations which led to the
suspension are or appear to be without merit, the Chief, in consultation with the Lieutenant will
review all relevant case information.
b. After evaluation of the case, the Chief will make a final decision.
c. The reinstatement procedure may be implemented either before or after the ESRB hearing.
d. If the Chief reinstates the officer’s police powers, the employee’s commander will make the
appropriate notifications.
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