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Applicable
To: All employees |
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Approval Authority: Chief George N. Turner |
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Signature: Signed by GNT |
Date Signed: 5/9/12 |
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| TABLE OF CONTENTS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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3.2 Office of Professional Standards (OPS) 4.1.1 Acceptance of Complaints 4.1.2 Documenting and Processing Allegations 4.2.1 Responsibility for Investigation 4.2.3 Disposition of the Complaint 4.2.4 Notification of the Complainant 4.3.1 Description of Categories 4.3.6 The Discipline Work Sheet 4.3.7 Instructions for the Discipline Work Sheet 4.3.8 Review of Disciplinary Ranges 4.3.9 Forwarding the Complaint File for Disciplinary Action 4.4.1 Disciplinary Authority Table 4.5 NON-ADVERSE DISCIPLINARY ACTION 4.5.3 Procedure for Non-Adverse Disciplinary Action 4.6 ADVERSE DISCIPLINARY ACTION 4.7 ADVERSE DISCIPLINARY ACTION PROCEDURES 4.7.1 Preparing Formal Charges 4.7.2 Notice of Proposed Adverse Action (N.P.A.A.)
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4.7.3 Employee Response Session 4.7.4 Employee Response Session Procedure 4.7.5 Final Determination of Adverse Action 4.7.6 Notice of Final Adverse Action 4.8 EMERGENCY DISCIPLINARY ACTION 4.8.2 Notice of Emergency Disciplinary Action 4.8.3 Reversal of Emergency Adverse Action 4.8.4 Suspension without pay pending Adjudication 4.9.1 Appeal of Non-Adverse Disciplinary Actions 4.9.2 Appeal of Adverse Disciplinary Actions 4.10.1 Description of Interim Actions 4.10.3 Relief from Duty Procedure 4.10.5 Force Usage Review Assignment (FURA) 4.10.6 Non-Enforcement Administrative Assignment 4.10.7 Non-Enforcement Administrative Assignment Procedure 4.10.8 Marking An Employee Zero 4.11 PROACTIVE CORRECTION ACTIONS SECTION 4.11.1 Description of Proactive Corrective Actions 4.11.4 Psychological Intervention 4.11.7 Psychological (BEAS) Recommendations 4.11.8 Psychological Records on Employees 4.11.9 Employee Assistance and Substance Abuse Program. 4.12.1 Personnel Actions Involving Drug or Alcohol Abuse 4.12.2 Supervisor Responsibilities for Reporting 4.12.3 Employee Responsibility to Report 4.12.4 Substance Abuse Testing 4.12.5 City Ordinance "Substance Abuse Policy" 4. 14 Fines for Loss of or Damage to City Property 4.14.1 Commander and Employee Responsibilities
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The purpose of this Directive is to provide the Department with a disciplinary system that responds to the needs and concerns of our community, protects the rights and duties of our employees, and above all, ensures the integrity of the Department. The purpose of discipline is to prevent and correct inappropriate behavior, not just to punish. Through an effective disciplinary system, the Department establishes employee accountability and achieves the organizational values of pride, productivity, professionalism and participation. Therefore, by thoughtfully administering discipline, the Department challenges each employee to strive and work towards the goals of excellence, self motivation, and self discipline.
The Department provides thorough, impartial investigations of all allegations of employee misconduct and imposes appropriate disciplinary actions for all sustained employee work rule or City ordinance violations. The Department strives for consistency in its application of discipline, imposes for minor policy infractions disciplinary actions which are in accordance with the philosophy of progressive discipline, and provides consideration for mitigating and/or aggravating factors. These include employee intent, past performance, degree of culpability, discipline history, severity of infraction, acceptance of responsibility by the employee and other relevant factors.
3.1 The Chief of Police is responsible for the effective and professional administration of the disciplinary process. Thus, the Chief retains the authority to review, revoke, or modify any disciplinary actions taken by any supervisor in the Department. The Chief shall execute any such revocation or modification in writing. 3.2 Office of Professional Standards (OPS)
3.2.1 The commander of the Office of Professional Standards acts on behalf of the Chief by coordinating and monitoring the receipt of complaints, complaint investigations, and the imposition of discipline throughout the Department. The OPS Commander makes recommendations to the Chief concerning modifications to procedures or training that could affect discipline. The OPS Commander, or his/her designee, is responsible for the timely notification to the Chief of Police, or his/her designee, of all Priority I complaints of a serious and credible nature. Notification will occur by telephone, radio, email, e-fax, internal memorandum, personal notification, or other means as necessary.
3.2.2 The OPS Commander does not have the authority to change the level of discipline determined by the disciplinary authority.
3.2.3 The Internal Investigations Unit of OPS investigates Priority I Complaints (See Section 5.23) and maintains records of all complaints made against departmental employees. These records will be kept in a secure location as dictated by the OPS Commander.
3.2.4 The Advocacy Unit of OPS assists disciplinary authorities in preparing the Notice of Proposed Adverse Action (N.P.A.A.) and the Notice of Final Adverse Action (N.F.A.A.). The Advocacy Unit represents the Department during administrative and judicial hearings.
3.2.5 The OPS Commander will appoint a Fitness for Duty Coordinator.
3.3.1 Every supervisor is a disciplinary authority and will be held accountable when he/she abuses or fails to use his/her authority when required. The Chief of Police will take necessary administrative or disciplinary action against any supervisor who has abused or failed to use his/her authority to fairly and impartially discipline a subordinate when required.
3.3.2 Disciplinary authorities may delegate the investigation of a complaint and some of the administrative aspects of the disciplinary process. If they delegate the disposition of a complaint or the determination or imposition of discipline, it must be in writing.
3.3.3 Supervisors that observe serious misconduct by any employee will immediately take appropriate action in response to the misconduct, and will promptly document and report the incident. Supervisors will document unsatisfactory work habits and reports of misconduct of employees.
3.3.4 Disciplinary authorities will provide a copy of all discipline reports to the Office of Professional Standards in a timely manner.
3.3.5 The supervisor who relieves a sworn officer from duty is responsible for taking into safe keeping that officer's badge and any weapons carried upon the officer at the time he or she is relieved to ensure the safety of other officers and the public.
3.4.1 All employees must answer questions and/or make available any relevant materials or sworn statements concerning an investigation of employee misconduct when directed to do so by a disciplinary authority or duly appointed investigator. Employees will provide all relevant information and materials and answer all questions honestly, completely, and to the best of their ability. An employee's refusal to cooperate and provide sworn statements, answers, or relevant materials during an authorized administrative investigation will result in disciplinary action, up to and including dismissal.
3.4.2 Any employee reporting for duty under the influence of any substance such as prescription medications, alcohol, over the counter medications, or other substances that, while legal, may adversely affect the judgment or performance of that employee during duty hours, must notify his or her immediate supervisor prior to commencing work.
Except as authorized, in an investigation into employee misconduct, employees may not:
3.5.1 Interfere with the complaint investigation in any manner;
3.5.2 Independently participate in the investigation;
3.5.3 Be present during any investigative contact with a complainant or with witness involved in the investigation;
3.5.4 Contact the complainant or witness concerning the allegations; or
3.5.5 Discuss the existence or facts of a complaint with anyone except designated Department authorities conducting the investigation. This restriction will not be construed to prohibit an employee from discussing any aspects of a complaint with his or her attorney or other representative, or to prevent his or her attorney from developing information for his or her defense.
3.6.1 All employees have the right to have an attorney or other representative present during questioning in an administrative investigation. However, any employee who is either an accused employee or a witness in a complaint investigation may not act in the capacity of representative for any other employee being questioned as an accused or witness in that complaint investigation. An employee's representative will be allowed to consult with the employee, and to object to questions, but will not delay or interfere with the questioning process. Any objections to the form or content of the questions will be noted, but the employee will still be required to answer fully and completely any and all questions presented during the investigation. An employee cannot delay questioning for more than three hours beyond the time he or she was given notice to appear for the questioning.
3.6.2 The employee being questioned as the accused will be issued the Written Notice of Allegations form (Form APD 848), which includes, but is not limited to a written statement of the allegation(s) and the employee’s rights and responsibilities relative to the investigation against him/her prior to any questioning.
3.6.3 All employees who are subject to any form of discipline, whether non-adverse or adverse action, will be given written documentation of the disciplinary action taken. This written documentation must state the work rule which applies to the disciplinary action taken, information and/or documentation supporting the alleged work rule violation, and the disciplinary action that was taken. Employees must sign the written documentation stating that they have been notified of the disciplinary action taken. The employee’s signature does not constitute an admission of guilt or wrong doing, it merely serves as receipt of the written documentation of disciplinary action and notification of the same.
3.6.4 The employee against whom a complaint has been filed may review the investigative folder upon completion of that investigation. The OPS commander will designate the area where the folder is to be reviewed and establish rules governing the review of the folder.
3.6.5 If the employee is being questioned as a suspect in a criminal investigation, the employee will be afforded complete Miranda Rights.
3.6.6 Administrative statements made by employees and evidence
gained as a result of such statements will not be used against the
employee in criminal proceedings involving the employee except in cases
of perjury.
4.1.1 Acceptance of Complaints
1. Complaints against any Police Department employee will be accepted from any source at the Office of Professional Standards or by any supervisor at any facility in the Department regardless of the location of the alleged occurrence. If the complaint is clearly Priority II, the supervisor may put the complainant directly in touch with the employee's supervisor or take the complainant to the employee's supervisor.
2. Upon initial review of a complaint, the accepting supervisor may determine that the complaint does not involve an employee work rule violation. When the complaint concerns actions which are appropriate according to Departmental policies or procedures, the applicable directives should be explained to the complainant. If the complainant is satisfied with the explanation of procedures and the accepting supervisor determines that no work rule has been violated, then no further action is required and no complaint control number need be obtained. If the complainant is prepared to make a sworn statement and insists on filing a complaint, the supervisor will obtain an OPS control number, prepare a preliminary complaint report, and document the complaint. If the complaint is against the Department or its policy or procedure, then the supervisor should get an OPS control number, document the complaint, and forward it to OPS.
3. When the complainant registers the complaint in person, he or she will be given an opportunity to make a sworn written statement. A copy of the complainant's statement will be given to the complainant.
4. Complaints received by mail will be evaluated and processed in the same manner as other complaints. The complainant should be contacted and asked to make a sworn written statement whenever possible. Complainants who refuse should be advised that any investigation into their complaint will be severely hampered without a sworn written statement. All written correspondence should be included in the complaint file.
5. When the complainant does not identify himself/herself or reports an allegation of misconduct by telephone, the information will be assessed to determine the level of investigation that is warranted. The complainant will be encouraged to make a sworn statement. A complainant's refusal to make a sworn statement or to identify himself or herself does not preclude the Office of Professional Standards from investigating the allegations.
6. A notification letter for a sworn statement will be forwarded to all involved employees in an OPS investigation and his/her chain of command up to the Unit/Watch Commander. The commander, or designee, will forward the notification letter to the affected employees. An email of the notification letter will also be sent to the employee(s) chain of command up to the Unit/Watch Commander. It is the employee’s responsibility to adhere to the date/time on the notification letter or to make contact with the OPS investigator to make further arrangements.
4.1.2 Documenting and Processing Allegations
1. Allegations of employee work rule violations will be recorded on the Preliminary Complaint Report. The preliminary complaint report will include a control number obtained from the Office of Professional Standards. The Office of Professional Standards is responsible for maintaining a log of the control numbers. Any sworn statements or other evidence relevant to the allegations will be attached to the Preliminary Complaint Report and included in the Complaint File.
2. Allegations of serious misconduct are classified as Priority I complaints. Priority I complaints are defined in section 5.23 of this directive. Supervisors must report allegations of Priority I misconduct to the Office of Professional Standards immediately. If there is any question about the priority of the allegations, the supervisor will contact the OPS on-call investigator immediately and the commander of the Office of Professional Standards will determine the proper classification.
3. Supervisors that discover or receive Priority I complaints after 6:00 p.m. and on weekends and holidays will request that the Communications Section watch commander notify the on-call OPS Investigator. The on-call OPS Investigator will evaluate the seriousness of the complaint by contacting the field supervisor. Unless immediate action from the OPS investigator is deemed appropriate, the OPS investigator will direct the appropriate supervisor to submit the preliminary complaint report and to perform any other appropriate responses that the situation requires.
4.2 INVESTIGATION
4.2.1 Responsibility for Investigation
1. Generally, the Office of Professional Standards will investigate a Priority I complaint, and a supervisor in the employee's chain of command will investigate a Priority II complaint. However, the OPS Commander may reassign an investigation to an employee's supervisor or to the Office of Professional Standards. Any supervisor or employee who is a direct witness to the alleged misconduct under investigation will not act as investigator of that complaint.
2. During Priority II investigations, the employee's supervisor will initiate an immediate investigation of the allegations, notify the Office of Professional Standards during office hours, and request a complaint control number. The investigating supervisor will conduct a thorough and objective investigation and prepare a report documenting the case. The following special situations may affect who has jurisdiction in Priority II investigations:
a. A complaint involving an employee working on a temporary assignment within the Department will be forwarded for investigation to the commander of the unit where the work was performed and the alleged incident occurred.
b. A complaint involving an off-duty employee will be forwarded for investigation to the commander of the unit to which the employee is assigned. However, an off-duty firearms discharge within the City that does not fit the Priority I criteria will be investigated immediately by a supervisor from the police zone in which it occurred. Any supervisor investigating a firearms discharge will immediately notify the on-call OPS investigator.
c. If the subject employee has been transferred, the unit commander at the time of the alleged incident will handle the investigation and forward the completed investigation to the employee's current unit commander.
3. When a complaint alleges a crime in the City's jurisdiction, the appropriate investigative unit will investigate the crime and will share its findings with the Office of Professional Standards. The Homicide Unit will investigate the serious injury or death of a person allegedly resulting from action or inaction by a Department employee.
1. The designated department authority investigating alleged employee misconduct will contact, interview, and obtain written statements from all complainants, witnesses and other employees who are involved in the complaint. The investigator will also obtain any documents or other materials which are relevant to the alleged incident. Examples include: photographs, medical records, police and accident reports, certified copies of court records or citations, lab results, audio or videotape recordings or statements, etc. The Chief of Police or the OPS Commander can require an employee to be photographed, to participate in a line-up, and/or to submit financial disclosure statements when doing so is directly related and essential to that particular internal affairs investigation which is being conducted by the Department.
2. The investigator will complete an investigative folder containing the relevant paperwork identified during the investigation and the forms listed on the Complaint Investigation Checklist.
3. If during the course of the investigation the investigator uncovers evidence of additional allegations or violations, he or she will investigate them also. If any of these allegations or violations are of a Priority I nature, he or she will immediately notify OPS of them. If after hours, the supervisor will contact Communications and request the on-call OPS investigator.
4. If a citizen or employee requests to be given a Computer Voice Stress Analysis (CVSA) examination, the investigator should arrange for the polygraph or CVSA examination through the Office of Professional Standards. CVSA results can be used as investigative tools, but cannot be used as evidence unless both sides agree. Polygraph or any other truth verification examination will be at the discretion of the OPS Commander.
5. Supervisors and investigators should maintain a log of complaint files and ensure that no investigation remains overdue without cause. The investigator will report the status of the investigation to his or her supervisor every seven calendar days. An extension request must be in writing and submitted to the chain of command and to OPS. This extension must include the reason for the extension and an expected new deadline date. The extension must be included in the investigative file. If the investigation extends beyond 14 days, the OPS Commander shall be notified.
6. If the investigation extends beyond 60 days, the designated department authority must notify the complainant of the status of the investigation and document the notification. The complainant will be given contact information during this notification.
8. All citizen complaints, regardless of the nature of the complaint, shall be investigated and adjudicated within one hundred and eighty (180) days of the complaint. Failure to timely resolve citizen complaints may result in disciplinary action.
4.2.3 Disposition of the Complaint
1. Each alleged work rule violation must be supported by a “conclusion of fact” and will be disposed of under one of the following classifications: Not Sustained, Exonerated, Unfounded, Exceptionally Closed, or Sustained.
2. In an OPS investigation, the OPS Commander is authorized to dispose of cases as Not Sustained, Exonerated, Unfounded, or Exceptionally Closed. A recommendation to sustain charges must be approved by the appropriate disciplinary authority or the Chief of Police.
3. In a chain-of-command investigation, the investigating supervisor (or higher authority taking responsibility for the investigation) will recommend the investigative disposition. If there are no sustained charges, the unit commander will send the completed investigative folder to the Office of Professional Standards through the chain of command for review, notification of the complainant, and storage. If there are sustained charges, the procedure for determining appropriate actions for sustained charges is described in Section 4.3 of this directive.
4.2.4 Notification of the Complainant
1. OPS will notify the complainant immediately of the disposition of the case and of the right to review the investigative folder within 25 days after receiving notice of the formal disposition.
2. Complainants who are dissatisfied with the disposition of a complaint involving maltreatment, the use of excessive force, death in custody, or a shooting may appeal the Department's findings to the Mayor's Civilian Review Board.
The purpose of disciplinary ranges is to try to ensure consistency in the majority of discipline decisions made in the Atlanta Police Department. The disciplinary ranges provide a structured model that allows different disciplinary authorities to consider similar factors when making a decision on disciplinary action. It is not the intent of this Directive to list every example of misconduct. The listed disciplinary ranges are intended only to provide guidance for decision-makers. Those charged with making disciplinary decisions must examine the inappropriate behavior and reasonably place it in one of the defined categories. The recommended guidelines do not in any way diminish the authority of the Chief of Police to take whatever disciplinary action he/she deems necessary to protect and preserve the integrity of the Atlanta Police Department.
4.3.1 Description of Categories
1. Each sustained work rule violation will be placed in a complaint category ranging from Category "A" to Category "D". Category "A" infractions represent the least egregious kind of misconduct while categories "B", "C", and "D" represent progressively more serious types of misconduct. Each category lists examples of first offense violations recommended for that category. Each category also lists a type of probationary period referred to as the "reckoning period." Any repeated violation of the same work rule or of a similar or related work rule during the "reckoning period" of a past sustained violation is recommended to a progressively higher category. A higher category is also recommended when the employee has three or more past sustained work rule violations unrelated to the work rule violation under consideration, but these three or more have active "reckoning periods” at the time of occurrence of the work rule violation under consideration. A combination of violations arising out of separate incidents may be considered jointly and normally will justify a more severe disciplinary action than a violation or violations arising out of a single incident.
4.3.2 Category “A”
* FIRST OCCURRENCE OF A MINOR WORK RULE VIOLATION.
* A CURRENTLY SUSTAINED CATEGORY "A" VIOLATION OCCURRING WITHIN THE RECKONING PERIOD OF A SAME, SIMILAR OR RELATED PAST VIOLATION IS INCREASED TO CATEGORY "B" LEVEL.
* ANY CURRENTLY SUSTAINED CATEGORY "A" VIOLATION THAT OCCURS DURING THE RECKONING PERIODS OF THREE OR MORE PAST VIOLATIONS, RELATED OR UNRELATED, IS INCREASED TO CATEGORY "B" LEVEL.
* USED FOR CONSIDERATION IN SUBSEQUENT MISCONDUCT FOR ONE YEAR FROM THE DATE OF DISCIPLINE, EXCEPT AS SPECIFIED IN SECTION 4.8.2 OF THIS DIRECTIVE.
DISCIPLINE RANGE DISCIPLINARY AUTHORITY
* ORAL ADMONISHMENT SERGEANT OR ABOVE
* WRITTEN REPRIMAND LIEUTENANT OR ABOVE
PROACTIVE CORRECTIVE ACTION:
* TRAINING
* COUNSELING
* OCCURRENCE OF A MORE SERIOUS WORK RULE VIOLATION.
* ANY INCREASED VIOLATION FROM CATEGORY "A".
* A CURRENTLY SUSTAINED CATEGORY "B” VIOLATION OCCURRING WITHIN THE RECKONING PERIOD OF A SAME, SIMILAR OR RELATED PAST VIOLATION IS INCREASED ANOTHER CATEGORY LEVEL.
* ANY CURRENTLY SUSTAINED CATEGORY "B" VIOLATION THAT OCCURS DURING THE RECKONING PERIODS OF THREE OR MORE PAST VIOLATIONS, RELATED OR UNRELATED, IS INCREASED ANOTHER CATEGORY LEVEL.
* USED FOR CONSIDERATION IN SUBSEQUENT MISCONDUCT FOR THREE YEARS FROM THE DATE OF DISCIPLINE, EXCEPT AS SPECIFIED IN SECTION 4.8.2 OF THIS DIRECTIVE.
DISCIPLINE RANGE DISCIPLINARY AUTHORITY
* WRITTEN REPRIMAND LIEUTENANT OR ABOVE
* 1 DAY SUSPENSION CAPTAIN OR ABOVE
* 2 OR 3 DAY SUSPENSION MAJOR OR ABOVE
PROACTIVE CORRECTIVE ACTION
* TRAINING
* WRITTEN COUNSELING
* DETOXIFICATION PROGRAM
4.3.4 Category “C”
* FIRST OCCURRENCE OF A VERY SERIOUS WORK RULE VIOLATION.
* ANY INCREASED VIOLATION FROM CATEGORY "B".
* A CURRENTLY SUSTAINED CATEGORY "C" VIOLATION OCCURRING WITHIN THE RECKONING PERIOD OF A SAME, SIMILAR, OR RELATED PAST VIOLATION IS INCREASED TO CATEGORY "D" LEVEL.
* ANY CURRENTLY SUSTAINED CATEGORY "C" VIOLATION THAT OCCURS DURING THE RECKONING PERIODS OF THREE OR MORE PAST VIOLATIONS, RELATED OR UNRELATED, IS INCREASED TO CATEGORY "D" LEVEL.
* USED FOR CONSIDERATION IN SUBSEQUENT MISCONDUCT FOR FIVE YEARS FROM THE DATE OF DISCIPLINE, EXCEPT AS SPECIFIED IN SECTION 4.8.2 OF THIS DIRECTIVE.
DISCIPLINE RANGE DISCIPLINARY AUTHORITY
* 4 TO 15 DAY SUSPENSION DEPUTY CHIEF, BUREAU
* DEMOTION THE CHIEF OF POLICE
PROACTIVE CORRECTIVE ACTIONS
* TRAINING
* PSYCHOLOGICAL INTERVENTION
* MANDATED SUBSTANCE ABUSE PROGRAM
* OCCURRENCE OF A MAJOR WORK RULE VIOLATION.
* ANY INCREASED VIOLATION FROM CATEGORY "C".
* PERMANENT RECORD
DISCIPLINE RANGE DISCIPLINARY AUTHORITY
* 16 TO 25 DAY SUSPENSION ASSISTANT CHIEF OR ABOVE
* 26 TO 30 DAY SUSPENSION THE CHIEF OF POLICE
* DEMOTION THE CHIEF OF POLICE
* DISMISSAL THE CHIEF OF POLICE
PROACTIVE CORRECTIVE ACTION
* TRAINING
* PSYCHOLOGICAL INTERVENTION
* LEAVE OF ABSENCE WITHOUT PAY
* MANDATED SUBSTANCE ABUSE PROGRAM
4.3.6 The Discipline Work Sheet
Disciplinary authorities will use the Discipline Work Sheet when determining the complaint category for sustained work rule violations. It is critical to the process that each step is completed before moving to the next step.
1. Obtaining a Discipline Work Sheet
A Discipline Work Sheet will be obtained by requesting one from the Office of Professional Standards during regular business hours. The Office of Professional Standards will list all current active reckoning periods on the Discipline Work Sheet before forwarding it to the requesting supervisor.
2. Disciplinary Authority for the Discipline Work Sheet
The Discipline Work Sheet will be filled out by a supervisor designated by the employee's section commander. It is recommended that the immediate supervisor complete the work sheet in most cases.
3. Disciplinary Guidelines for the Disciplinary Authority
The supervisor may use cause requirements or information provided with the Disciplinary Work Sheet as factors in determining the appropriate discipline.
4.3.7 Instructions for the Discipline Work Sheet
1. Step One:
The supervisor categorizes each cited work rule violation separately, as if this violation is the only one being considered. Write each violation in one of the blanks listed in Step 1 on the work sheet. After reviewing the complaint category descriptions in this directive, make a determination as to the appropriate letter category (A, B, C, or D) for each work rule violation. If the rule violation or misconduct is not listed under any of the descriptions, the supervisor should use his/her own experience and training to select the appropriate category. The category selected for each violation should be based solely on the category lists and examples. Employee history, mitigating factors, and the disciplinary authority's personal feelings will be considered in later steps.
2. Step Two:
A pattern of disciplinary problems will cause an increase in the complaint category. The Office of Professional Standards will maintain records of each employee's disciplinary history and provide the disciplinary authority with a record of discipline that has active reckoning periods at the time of occurrence of the current violation. For the purpose of determining the appropriate record of discipline with active reckoning period(s) in any situation in which a discipline was given for misconduct occurring before the date of occurrence of the current violation but this discipline was not imposed until after the date of occurrence of the current violation, that discipline will relate back to the date of occurrence of that past misconduct to calculate if it will be included in the record of discipline for the current violation. This record will be recorded in the appropriate box in the upper left hand corner of the discipline work sheet. The disciplinary authority will review this record and raise the complaint category by one when either of the following circumstances apply:
a. If the work rule violation currently sustained against the employee is the same as or similar or related to a past violation and the past violation has an active reckoning period on the date of occurrence of the current violation, then the current sustained work rule violation is raised to the next higher complaint category (D is the highest so Category D complaints remain as D).
b. If a current violation has a date of occurrence that falls within the reckoning period(s) of three or more past violations of any type, then the current violation will be raised one complaint category. However, no specific past violation already used as the same as or similar or related to violation to raise the category under circumstance 1) above will also be used a second time as one of the three or more past violations.
c. If both circumstances apply, raise the category by TWO levels. For example, if a current sustained Category "A" violation is the same as a past sustained violation (with an active reckoning period) and there are three or more other past violations of any type with active reckoning periods, the current sustained Category "A" violation is raised to Category "C".
3. Step Three:
a. The supervisor writes any comments he or she has in regards to any
mitigating and aggravating factors for each work rule violation
in the space provided. These factors include, but are not limited to: Employee intent Past and present performance Commendations Truthfulness Acceptance of responsibility by the employee
b. If additional space is needed, use a blank sheet of paper. Do not make any specific recommendations for discipline at this point in time.
c. In order to try to ensure consistent discipline, mitigating or aggravating circumstances should have a limited impact on the disciplinary process and generally do not raise or lower the appropriate complaint category. In most cases aggravating or mitigating factors should be used merely to justify raising the disciplinary action taken up to the maximum possible or lowering it to the minimum possible within the complaint category selected.
4. Step Four:
The supervisor makes specific discipline recommendations for each sustained work rule violation based on the category listed in the "adjusted category" column, mitigating and aggravating factors, and his/her own experience. Enter a specific recommended disciplinary action such as oral admonishment (OA), written reprimand (WR), suspension (S + #days), Demotion (D) or termination (T), in the "Recommended Discipline" in Step Four of the Work Sheet. The supervisor completing the discipline work sheet does not have to be able to issue the level of discipline he or she recommends. After making his or her recommendations for discipline, the supervisor completing the discipline work sheet signs and dates the work sheet in the appropriate box.
4.3.8 Review of Disciplinary Ranges
After the initially designated supervisor completes the Discipline Work Sheet, the Work Sheet and the complaint file will be reviewed and approved by his or her chain of command. These reviewing supervisors will check either the "concur" or "do not concur" box and sign and date the work sheet. If a reviewing supervisor does not concur with the recommended discipline, he or she will complete a separate work sheet listing his or her recommendations.
4.3.9 Forwarding the Complaint File for Disciplinary Action
If the highest complaint category is "A" or "B" and the section commander concurs and/or recommends non-adverse action, the unit commander will arrange for the appropriate disciplinary authority to impose the disciplinary action. If the highest complaint category is "C" or "D", or if the highest category is "B" and the section commander concurs with or recommends adverse action, the file is forwarded to OPS to draw formal adverse action charges.
4.4.1 Disciplinary Authority Table
The Disciplinary Authority Table shown below outlines the levels of discipline authorized to the different levels of an employee's chain of command. Disciplinary Authorities should consult the table to determine the suitable level of command for a complaint.
4.4.2 The Chief of Police, at his or her discretion, may appoint a designee to fulfill his or her disciplinary authority responsibilities for adverse action up to but not including demotions and dismissals.
4.5 NON-ADVERSE DISCIPLINARY ACTION
An oral admonishment may be administered by any supervisor in the employee's chain of command. The oral admonishment will be given verbally and will communicate a warning of an error or inappropriate behavior, informs the employee of appropriate behavior, and offer assistance in correcting the situation. The employee will be advised of the date and the nature of the oral admonishment, which will be documented on the Supervisor's Complaint Investigation Checklist. This information will also be documented in the disciplinary history records kept at the Office of Professional Standards. The employee should also be advised that more serious action will be taken if similar misconduct is repeated during the reckoning period.
A written reprimand will be administered by a lieutenant or higher authority in the employee's chain of command. The reprimand is a written warning of error or inappropriate behavior and will state that more serious action will be taken if similar misconduct is repeated. The reprimand will be addressed to the employee and will include the charge, the specific behavior, and the date of occurrence. The original copy of a written reprimand will be placed in the completed disciplinary complaint file. The employee will receive a copy and the remaining copies will be forwarded to the locations identified on the bottom of the reprimand.
4.5.3 Procedure for Non-Adverse Disciplinary Action
1. Prior to taking non-adverse disciplinary action, the disciplinary authority will discuss the case and the recommended disciplinary category with the section commander (Captain/Major) and any intervening supervisors in the employee's chain of command. Obtaining the input of other supervisors will help ensure consistency in discipline.
2. After consulting the section commander, the disciplinary authority will meet with the employee. The employee may bring a representative. The disciplinary authority will review the sustained work rule violation(s) with the employee, review the process used in categorizing individual rule violations, and seek input from the employee as to the appropriate discipline in the matter at hand. Always consider proactive corrective actions in addition to the disciplinary action. The disciplinary authority must decide whether to issue the non-adverse action or to recommend a different action to the section commander.
3. Once an appropriate non-adverse disciplinary action is selected, the disciplinary authority will carry out the discipline as soon as possible. When a supervisor issues non-adverse action to an employee, during the meeting, the supervisor specify which work rule relates to the non-adverse action on the supervisor complaint investigation checklist form. The employees name will be typed on the form and the employee will sign their name below line 10. The employee’s signature does not constitute an admission of guilt, only of notification of the non-adverse action and receipt of the form. A copy of the signed form must be provided to the employee. The disciplinary authority is responsible for placing a copy of the form in the administrative investigation file. Adverse action procedures are outlined in Section 4.7.
4. Once the non-adverse action is taken, the disciplinary authority will forward the completed disciplinary file through the chain of command to the Office of Professional Standards within three working days after the non-adverse action was given to the employee. The Office of Professional Standards is responsible for maintaining all records of non-adverse action.
4.6 ADVERSE DISCIPLINARY ACTION
Adverse disciplinary action includes suspension without pay, demotion, and dismissal. Adverse action differs from non-adverse action in that it affects the employee's income. Therefore, additional procedures are required by the Labor-Management Relations Ordinance. Emergency disciplinary action (Section 4.8) also leads to adverse disciplinary action, but by different procedures.
1. Suspension without pay must be for cause and for proper disciplinary purposes only.
2. A suspension without pay can be given by a police captain or higher ranking authority in the employee's chain of command.
3. A suspension without pay for disciplinary purposes will not exceed thirty days for charges brought as a result of one incident.
4. An employee suspended without pay must relinquish their Department-issued firearm, badge, and all identification cards, or any other department equipment to an OPS Supervisor, as soon as the suspension becomes effective. These items may be stored at OPS or in the Property Control Unit. Upon relinquishing their city-issued equipment, the employee will be given a copy of their property receipt form.
5. A suspended employee shall not perform in any official law enforcement capacity except by subpoena.
6. Employees on suspension or administrative leave without pay will be allowed to work Type I extra jobs provided they submit an extra job request to the OPS Commander for approval by the Chief of Police (or his or her designee).
1. No employee will be dismissed from employment or otherwise adversely affected as to present compensation or present employment status except for cause. Cause requirements for Department employees are presented in the employee work rules, other Department directives, the Labor-Management Relations Ordinance, and other City ordinances.
2. When the Final Adverse Action is dismissal, the Department may place the employee on administrative assignment or on suspension with pay during the employee response period and prior to any effective date of the dismissal.
3. An employee subject to dismissal may be given an opportunity to resign voluntarily; the resignation shall be in writing and will be marked on the employee's record "in bad standing", or "resigned under charges". Resignations may be accepted in lieu of dismissal at the discretion of the Chief of Police. A voluntary resignation will not stop, halt, or otherwise preclude the filing of criminal charges when appropriate. Any criminal investigation initiated will be completed regardless of resignation in lieu of dismissal.
4. An employee subject to dismissal will, at the time of dismissal, be provided with a written statement citing the reason for dismissal, the effective date of the dismissal. The employee will be directed to Personnel Services Unit for the status of his/ her fringe and retirement benefits after dismissal.
Exceptions to Adverse Action Procedures or Cause Requirements 1. The Chief of Police, at his/her pleasure, may remove, transfer, or dismiss persons holding discretionary positions. Such action will not be subject to these procedures, but will be governed by the City Code.
2. An employee may be demoted during a probationary period to the rank held immediately prior to the promotion and such action will not be subject to these procedures.
3. Probationary employees may be dismissed and are not subject to these procedures.
4. Employees may be dismissed or otherwise adversely affected due to the curtailment of funds, a reduction in staff, or a reorganization, and are not subject to these procedures.
4.7 ADVERSE DISCIPLINARY ACTION PROCEDURES
4.7.1 Preparing Formal Charges
1. When the final disciplinary range category is either "B", "C" or "D" and adverse action is appropriate, the Chief of Police or the division commander or the section commander in the employee's chain of command will have the disciplinary complaint file hand delivered to the Office of Professional Standards with a request for formal adverse action charges.
2. The OPS Advocacy Unit will prepare formal adverse action charges (but no disciplinary action or dates) on the N.P.A.A. (Notice of Proposed Adverse Action) and the N.F.A.A. (Notice of Final Adverse Action), include a Civil Service Appeal form, and hand deliver the disciplinary complaint file to the Bureau (Director) or Division commander (Deputy Chief) in the employee's chain of command.
3. The Bureau or Division commander will review the file. If the reviewing commander approves the recommended disciplinary action identified in the file, she or he will do the following:
a. If the total amount of recommended suspension time is three days
or less, forward the file back to the section commander (Captain/Major)
of the employee’s appropriate chain of command for the disciplinary
action to be taken.
b. If the total amount of recommended suspension time is four to
fifteen days, notify the Assistant Chief of the file and the
disciplinary action planned before administering the appropriate
disciplinary action.
c. When demotions or dismissals are recommended, the file will be
forwarded to OPS for the Chief of Police to take the disciplinary
action. d. If the recommended disciplinary action is dismissal, demotion, or a total amount of suspension time of sixteen days or more, forward the file to OPS for the Chief of Police or the Assistant Chief to take the disciplinary action, as applicable.
4. The Disciplinary Authority will review the file and may accept the charges, delete charges, or return the charges to OPS for revision.
4.7.2 Notice of Proposed Adverse Action (N.P.A.A.)
1. The Disciplinary Authority will complete the N.P.A.A. by adding appropriate dates, scheduling an employee response session date and time, and including the proposed disciplinary action(s). The Disciplinary Authority may wish to discuss the appropriateness of the specific disciplinary action with any intervening supervisors in the employee's chain of command and/or with OPS, but should stay within the range of discipline described for the highest sustained category.
2. The Disciplinary Authority will ensure that the Notice of Proposed Adverse Action (N.P.A.A.) includes the following:
a. The proposed disciplinary action to be taken for each sustained work rule violation and the name of the Discipline Authority who will take the action.
b. The date the N.P.A.A. is served and the effective date of the adverse action. There should be at least 10 working days between these two dates unless this is an emergency action.
c. The specific charges and reasons for the adverse action.
d. The date and time of the Employee Response Session: The employee will respond to the adverse action verbally or in writing within five working days from the date of receipt of the notice of the proposed adverse action, in order to give the employee an opportunity to review the investigative file and obtain legal or other representation.
3. The Disciplinary Authority will ensure that there should be at least 10 working days between the date the completed Notice of Proposed Adverse Action (N.P.A.A.) is issued to the employee in person or by certified mail (return receipt requested) to the employee's address of record and the effective date of the proposed adverse action. The supervisor who serves the N.P.A.A. should be prepared to explain it and the ensuing disciplinary process to the accused employee.
4. The employee should sign the N.P.A.A. and receive a copy of each page of the N.P.A.A. The employee's signature acknowledges receipt only, not guilt or innocence. However, if the employee refuses to sign the N.P.A.A., the issuing supervisor should write "refused" and have another employee or supervisor witness the refusal and sign the N.P.A.A. in the appropriate signature blocks.
5. The Disciplinary Authority will make him/herself available to meet with the employee on the scheduled date and time of the Employee Response Session. Prior to the meeting, if the Disciplinary Authority should need to reschedule the meeting, or should grant the accused employee’s request to reschedule the meeting date, consideration needs to be given as to whether and how rescheduling the meeting date changes the effective date of the adverse action.
4.7.3 Employee Response Session
1. The Employee Response Session is an opportunity for the accused employee to appear before the Disciplinary Authority to respond to the charges and proposed discipline. It is also an opportunity for the disciplinary authority to re-evaluate his/her position on the Proposed Adverse Action. This employee response procedure is created to protect the employee with permanent status from erroneous, arbitrary adverse actions.
2. The meeting is not a judicial hearing nor an appeal nor a full evidentiary hearing. It is a special effort within the personnel management function to afford the accused employee the opportunity to:
a. Submit statements or other supporting documents from persons having knowledge of the facts and circumstances;
b. Answer questions the disciplinary authority may have; and
c. Give his or her explanation of the incident, if not previously given, or of mitigating circumstances.
3. The accused employee is not required to attend this session or respond in any way to the N.P.A.A. However, if the employee chooses, he or she may respond to the N.P.A.A. in writing, verbally, or both.
4. If the employee chooses to meet with the Disciplinary Authority, he or she may be accompanied by a representative of his or her choice, at the employee's expense. Additionally, an employee who is unable to attend this session may allow his or her representative to attend the session in his/her place.
5. If the accused employee and/or his or her representative fails to respond to the N.P.A.A. either in person or in writing during the established time frame, the employee waives any further appeal rights within the Department. The Disciplinary Authority should proceed to issue the Notice of Final Adverse Action (N.F.A.A.).
4.7.4 Employee Response Session Procedure
If the employee and/or his or her representative does respond in person to the N.P.A.A., the Disciplinary Authority will conduct the Employee Response Session in the following manner:
1. Responses to proposed dismissals, demotions and suspensions for 16 or more days will be tape recorded. Responses to proposed suspensions of 15 or less days may be tape recorded at the discretion of the Disciplinary Authority. Tapes will become part of the complaint file and may be used in subsequent hearings.
2. A member of the Advocacy Unit and/or a City Attorney will attend the Employee Response session conducted at the Chief's level. Other Disciplinary Authorities may elect to request the attendance of a member of the Advocacy Unit at the Disciplinary Authority's own discretion.
3. The Disciplinary Authority will provide an opportunity for the employee to respond to the N.P.A.A.
4. At the conclusion of the employee's response, the Disciplinary Authority will turn off the tape recorder if applicable, go off the record, and give the employee an opportunity to offer, in writing on the waiver form, an acceptable disciplinary action. The employee is not in any way compelled to make any type of offer of discipline. The Disciplinary Authority is not in any way compelled to accept the employee's offer if one is made. (The Disciplinary Authority, at his or her discretion in any disciplinary resolution involving the offering and the acceptance of a waiver, may allow any part or all of an employee's disciplinary suspension without pay to be satisfied by a corresponding reduction from the affected employee's accumulated vacation time actually accrued and unused as of the effective date of the suspension. Any such amount of disciplinary suspension discharged by way of loss of vacation leave, however, will be considered for all other purposes, such as for calculation of reckoning periods or disciplinary history, or for promotional eligibility, just as if it were a suspension without pay.)
5. If the Disciplinary Authority chooses not to accept an employee's offer, then the waiver and any discussions concerning the employee's offer will not, under any circumstances, be part of the employee's file, or be used in any type of hearing by the Department against the employee or by the employee against the Department.
6. If the Disciplinary Authority chooses to accept an employee's offer of discipline, the following should occur:
a. The employee must sign a written waiver specifying the applicable work rule violation(s), the agreed upon disciplinary action(s), and the waiving of all Civil Service Rights of Appeal.
b. The Disciplinary Authority must sign the written waiver and attach a copy of the waiver to the N.F.A.A. to become a permanent part of the employee's complaint file.
4.7.5 Final Determination of Adverse Action
The disciplinary authority has the responsibility to make a determination of what the final disciplinary action against the employee will be. After the employee's scheduled response period, the disciplinary authority must do the following:
1. The disciplinary authority will first consider all relevant information including but not limited to: the employee's response, any written waiver, the employee's disciplinary and performance history, the severity of the offense, relevant mitigating and aggravating factors, supervisory recommendations, and the range of discipline for the highest sustained category.
2. If the Disciplinary Authority determines that additional time is necessary for further investigation and/or proper consideration of any of the above factors, the period of consideration may be extended up to 10 working days. The Disciplinary Authority should notify the employee of this extension on an "Extension of Time" form. However, if more than 10 working days are needed, the employee must be re-issued a Notice of Proposed Adverse Action with another opportunity to respond to the charges.
3. The Disciplinary Authority must determine whether to revoke, modify, or affirm the disciplinary action proposed on the Notice of Proposed Adverse Action form (N.P.A.A.). The Disciplinary Authority's decision will be recorded on the Notice of Final Adverse Action form (N.F.A.A.). If the charges are to be significantly modified or the adverse action is to be increased, the employee must be re-issued a new Notice of Proposed Adverse Action form and allowed another opportunity to respond to the new charges and/or the increased proposed adverse action. If the employee signs a waiver in relation to using vacation in lieu of suspension days, and the employee does not have enough vacation time for the agreed upon waiver, the employee will be issued a new notice of proposed adverse action. 4. If the Discipline Authority changes the work rule violation to a different work rule violation, the Disciplinary Authority must document in writing the reason for the change and include that documentation in the file.
4.7.6 Notice of Final Adverse Action
1. The Disciplinary Authority will ensure that the Notice of Final Adverse Action (N.F.A.A.) is issued to the employee no later than three working days after the date of the employee's response session, or if the employee chooses not to respond, three working days after the employee's scheduled response session. If the Disciplinary Authority determines that additional time is necessary for further investigation and/or proper consideration of the employee's response to the Proposed Adverse Action, the period of consideration may be extended with an "Extension Of Time" form.
2. The Disciplinary Authority will ensure that the Notice of Final Adverse Action is complete and contains the following information:
a. The specific adverse disciplinary action to be taken and the effective date of the action;
b. The specific charges and reasons for the adverse action;
c. A statement informing the employee of the Right to Appeal the determination of the Final Adverse Action to the Civil Service Board.
3. The disciplinary authority will ensure that the supervisor who serves the N.F.A.A. is prepared to explain the appeal process to the accused employee. The employee should sign and receive a copy of each page of the N.F.A.A. As with the N.P.A.A., the employee's signature acknowledges receipt only, not guilt or innocence, and therefore refusal to sign on the employee's part should be handled in the same manner as the N.P.A.A.
4. The Disciplinary Authority is responsible for promptly distributing copies of both of the N.P.A.A. and the N.F.A.A. to the appropriate locations identified on the bottom of the forms.
5. The Disciplinary Authority is responsible for ensuring the completed complaint file is delivered to OPS through the chain of command within three working days of the delivery of the N.F.A.A. to the employee or other Final Action in the case.
4.8 EMERGENCY DISCIPLINARY ACTION
1. The Chief of Police or his or her designee may immediately suspend an employee with pay upon the determination that either of the following circumstances exist:
a. There is cause to believe that the employee has committed a crime involving moral turpitude or a felony which is job related or deters the employee from effective performance of his or her job.
b. The retention of the employee in active duty status may result in damage to property; or may be disruptive, detrimental, or injurious to the employee, co-workers, subordinates, or the general public; or may be disruptive to the daily operation of the Department.
4.8.2 Notice of Emergency Disciplinary Action
1. The Chief of Police or his/her designee will ensure that a completed Notice of Proposed Adverse Action (N.P.A.A.) is issued to the employee in person or by certified mail. There should be at least 5 working days between the date the N.P.A.A. was issued to the employee and the date scheduled for the employee response session with the disciplinary authority. The N.P.A.A. will include the same type of information required to impose any adverse action with two differences:
a. The Emergency Action block should be checked "yes" on the N.P.A.A.
b. The effective date of the Adverse Emergency Disciplinary Action will immediately follow the employee's scheduled response session.
2. As with any adverse disciplinary proposal, the Chief of Police or designee will consider the employee's response, if any, in determining the final action.
3. The Chief of Police or designee will ensure that the Notice of Final Adverse Action (N.F.A.A.) is issued to the employee and properly distributed in accordance with Section 4.7.6
4.8.3 Reversal of Emergency Adverse Action
If on appeal to the Civil Service Board, it is determined that the adverse action was correct, but there was no emergency situation, the Board may take the appropriate steps necessary to remedy the situation by awarding back pay equal to the period required for notification during non-emergency action.
4.8.4 Suspension without pay pending Adjudication
1. The Chief of Police or his or her designee may suspend an employee without pay pending criminal court action when such criminal court action is job-related or, in the reasonable judgment of the Chief, will deter the employee from effective performance of his or her job duties. A suspension without pay pending the adjudication of criminal charges may be imposed until the final disposition of those criminal charges. However, back pay will be awarded if the final disposition of charges does not result in a conviction.
2. In cases involving suspension without pay as a result of pending criminal court action, a second emergency hearing will be conducted to determine if the pending criminal charges is job related or would deter the employee from effective performance of his or her job duties. This second and any subsequent emergency hearing will follow the regulations set forth in section 4.8 of this directive.
4.9.1 Appeal of Non-Adverse Disciplinary Actions
An employee who has completed the probationary period may appeal non-adverse disciplinary actions (oral admonishment or written reprimand) by filing a grievance. If the grieving employee is sworn, any decision by the Chief of Police on the grievance is not subject to any further administrative appeal. However, if the grieving employee is non-sworn, the Chief's decision can be appealed to the Bureau of Labor Relations under Section 114-523 of the Labor-Management Relations Ordinance of the City of Atlanta.
4.9.2 Appeal of Adverse Disciplinary Actions
1. An employee who has completed the probationary period may appeal most adverse disciplinary actions to the Atlanta Civil Service Board. Exceptions to an employee's right to appeal are listed in Section 4.6.4 of this directive.
2. An employee who wishes to appeal an adverse disciplinary action must file with or mail postmarked to the Director of the Bureau of Labor Relations a written Notice of Appeal (Form 5-3061-BLR) within five days after the later of:
a. The date when the employee received final written notice of the adverse action;
b. The date when final notice is delivered by certified mail to the last known address; or
c. The effective date of the adverse action.
3. The appeal process will be conducted in accordance with Sections 114-546 through 114-556 of the Labor-Management Relations Ordinance of the City of Atlanta.
4.10.1 Description of Interim Actions
Pending final action on a complaint, an employee can be relieved from duty, suspended with pay, placed on Force Use Review Assignment (FURA) or placed on a non-enforcement administrative assignment. An employee placed in any such interim action status will NOT be allowed to work any extra jobs for the duration of his or her interim action period.
Any supervisor may relieve an employee from duty with pay to prevent embarrassment, liability, or discredit to the Department. Employees in the following situations may be relieved from duty immediately:
1. Employees who have been placed under physical arrest;
2. Employees who have been formally indicted by a grand jury;
3. Employees who display a gross disregard for the authority of the rules of the Department;
4. Employees who exhibit behavior indicative of apparent psychological or emotional impairment;
5. Employees who are ordered to submit to a Substance Abuse Analysis Test.
4.10.3 Relief from Duty Procedure
Supervisors who relieve an employee from duty will cause the following to be accomplished:
1. Immediately contact the Office of Professional Standards and apprise an OPS supervisor of the situation.
2. Relieve the employee of their Department-issued firearms, badges, and, when possible, Department I.D. In order to ensure the safety of other employees and the public, the supervisor will also take for safekeeping all Department registered second weapons carried by the employee. Upon obtaining the confiscated Department-issued equipment, the supervisor shall turnover the equipment to the Property Control Unit as property.
3. All items will be stored in the Property Control Unit and the supervisor or disciplinary authority will complete a property evidence report identifying each item collected. Property Control Unit will provide the control number for the property evidence form. In instances whereby the employee was relieved of duty by an OPS Supervisor, all Department-issued equipment shall be stored in the OPS safe.
4. Should the relieving supervisor be from outside the employee's chain of command, immediately notify the employee's section commander (Captain or Major) of the situation.
5. Prepare a "Relief From Duty" form containing the following information:
a. The Relief From Duty will be with pay.
b. Briefly describe the reason(s) for the relief from duty.
c. Identify any Departmental property received.
6. While under relief from duty the employee must make him or herself available to the Office of Professional Standards, and to Departmental investigative and Bureau of Employee Assistance Services (BEAS) units as required, during the hours of 9:00am to 5:00pm, Monday through Friday, or as otherwise directed.
7. Request the employee's signature.
8. When the relieved employee is a police officer in uniform and/or relieved for the purpose of a Substance Abuse Analysis Test, the relieving supervisor will place the officer under close observation and contact the on-call OPS supervisor immediately.
9. Distribute copies of the Relief From Duty form to the following: the employee, the Chief of Police, the employee's division command, OPS, and Police Personnel.
10. Before an employee is approved to have collected equipment returned, the disciplinary authority will contact the OPS commander and the Director of Psychological Services to determine if the equipment may be released.
The Chief of Police or his or her designee may suspend any employee with pay for any amount of time. Suspension with pay is not considered an adverse disciplinary action. Employees in the following situations may be suspended with pay:
1. An employee on Relief from Duty.
2. An employee who has been served with a Notice of Emergency Adverse Action or a N.P.A.A. where the proposed action is dismissal.
3. An employee who has been involved in any situation involving serious injury or death to another person.
4. For other reasons in the best interest of the employee and/or the Department.
4.10.5 Force Usage Review Assignment (FURA)
Any employee whose action or use of force in an official capacity results in the serious injury or death of another person, will be placed on Force Usage Review Assignment. If any supervisor feels the employee is suffering emotional or psychological impairment he/she may immediately relieve the employee from duty as described in Section 4.10.2. FURA is an administrative assignment for a minimum of three working days. The employee will continue the FURA until released by the Division commander or OPS Commander. This action is not disciplinary. The Force Usage Review Assignment provides an opportunity for the Department to review the facts and circumstances surrounding the incident and evaluate the employee's emotional and/or psychological reaction to the situation.
1. FURA is not to be used in incidents involving use of force that does not cause serious physical injury or death to a person. The wounding or death of an animal will not initiate FURA. In those cases involving a firearm or injury or death to an animal, the chain of command and OPS will be notified immediately and the supervisor on the scene will inspect the weapon and initiate a firearms discharge investigation.
2. FURA is not disciplinary action. The employee will continue to carry his/her assigned badge and identification and will be provided with a service weapon. However, since the primary intent of FURA is to remove the employee from potential deadly force situations until an adequate preliminary investigation is conducted, the employee's extra job privilege is suspended for the duration of FURA.
3. During FURA the employee will be required to be available to the different investigative units and to the Bureau of Employee Assistance Services (BEAS). The employee's assigned section commander may assign the employee to a Day Watch administrative assignment or order the employee to be on-call. On-call employees must be available and/or report regularly by telephone between 9:00 a.m. and 5:00 p.m. Monday through Friday.
4. The employee's section commander is responsible for the supervision of FURA. The section commander maintains open communication with the Division commander and the OPS commander to coordinate the length of the FURA. The section commander insures that the employee understands the assignment and is available to all investigative units and psychological services during FURA. The section commander insures that the employee has a service weapon in the event the employee surrendered his/her weapon to Homicide/Assaults investigators. The section commander insures that any supervisors the employee is assigned to during the FURA also understand the assignment.
5. If the employee discharged a firearm during the incident, he or she will surrender the weapon involved in the shooting to the Homicide/Assaults investigator assigned to the incident if so requested. The Homicide investigator will be responsible for the security and maintenance of the weapon while in his/her custody. When the Homicide/Assaults investigator is ready to release the weapon, he or she will contact the employee's section commander for instructions on the custody of the weapon.
4.10.6 Non-Enforcement Administrative Assignment
The Chief of Police, Division commanders, or the commander of the Office of Professional Standards may assign an employee to non-enforcement administrative duties pending:
1. Completion of the administrative investigation of serious allegations of employee misconduct;
2. Completion of a preliminary psychological evaluation or a Fitness for Duty Evaluation;
3. For other reasons in the best interest of the employee and/or the Department.
4.10.7 Non-Enforcement Administrative Assignment Procedure
When the Chief, Division commanders, or the commander of the Office of Professional Standards assigns an employee to a non-enforcement administrative assignment, he or she will:
1. Immediately notify OPS of the action taken;
2. Relieve the employee of his or her Department-issued firearm and badge.
3. The Division commander will inform the employee of where and when to report to work, in plain clothes, prepared to perform administrative duties. The Division commander may assign employees to the Day Watch in a meaningful capacity.
4. While assigned to a non-enforcement administrative assignment, the employee will not carry any firearm under his/her police authority, will not display any identification indicating he or she is a police officer except inside of a police facility or worksite, will not work any extra jobs, and will not perform any sworn law enforcement duties except by subpoena or court order.
4.10.8 Marking An Employee Zero
1. Supervisors may mark an employee zero when that employee has failed to comply with specific reporting times and specific equipment needs which have been set out in writing and such requirements have been communicated to the employee.
2. Marking an employee "zero" is not an adverse disciplinary action; it is not appealable nor is it recorded on the employee's OPS Disciplinary Complaint Jacket. Marking an employee "zero" does not preclude the supervisor from additionally initiating a formal disciplinary complaint against the employee for violating the applicable directives addressing equipment and reporting for work. To ensure that the tenets of proper discipline are followed, supervisors are encouraged to also initiate disciplinary action in such situations. 4.11 PROACTIVE CORRECTION ACTIONS SECTION
4.11.1 Description of Proactive Corrective Actions
There are several proactive corrective actions that an employee or supervisor may take which are appropriate responses to guide and correct an employee's behavior in an effort to anticipate, correct, and prevent problems before they result in disciplinary action. For the purpose of this directive, proactive corrective actions include counseling, training, psychological evaluation, and/or participation in a substance abuse program. Proactive corrective actions are not disciplinary and are to be used to address employee conduct which appears to be repetitious and is susceptible to improvement with the appropriate intervention. Proactive Corrective Actions may be used in combination with a disciplinary action on a sustained complaint but will not be used as a substitute for disciplinary action.
Counseling is a management tool supervisors may use to correct a minor deficiency or direct employee performance. A supervisor may choose to counsel an employee either verbally or in writing. When a supervisor verbally counsels an employee, it is considered informal counseling. When a supervisor documents the counseling in writing on a Record of Counseling Form, it is considered formal counseling.
1. When possible, supervisors are encouraged to utilize counseling for very minor incidents instead of filing a formal complaint against the employee. Examples of minor incidents recommended for counseling include a pattern of sick leave usage, minor tardiness, uniform appearance, the handling of calls, unsafe driving techniques which did not result in an accident, and courtesy.
2. The recommended use of written or verbal counseling is a leadership tool to place the employee on notice that his/her performance is not at the expected level; advise the employee of the specific conduct or behavior which is of concern; to instruct the employee on how to improve his/her behavior; and to provide an opportunity for the employee to correct his/her behavior.
3. Counseling is not a disciplinary action, and therefore no formal disciplinary complaint file or number is necessary to counsel an employee. If counseling does not correct the employee behavior, the supervisor should initiate a formal disciplinary complaint against the employee.
4. Supervisors may use counseling as a proactive corrective action in combination with a disciplinary action in which a formal complaint had been filed. In those instances, the counseling should be noted in the applicable complaint file on the Complaint Investigation Checklist Form under Proactive Corrective Actions.
5. An employee is entitled to sign and receive a copy of any formal written counseling. Documentation of any formal written counseling will be maintained in the employee's unit and personnel file for no longer than one year. The employee's unit commander is responsible for ensuring the proper removal of counseling forms from the employee's unit file and the commander of Personnel is responsible for ensuring the proper removal of counseling forms from the employee's personnel file.
Supervisors are responsible for ensuring that employee's performance is not adversely affected by a lack of knowledge or training. Supervisors are encouraged to take advantage of training opportunities available for employees in their command. Supervisors have a responsibility to provide and document on-going roll call training for employees. There is a variety of training opportunities available to the employees of the Department. Recommended training opportunities include, but are not limited to, academy recruit training, yearly in-service training, firearms training, roll-call training, field training, individual enhancement training and outside training at locations such as the Georgia Police Academy. Supervisors are encouraged to utilize training for courtesy complaints, traffic accidents, policy understanding, and weapons proficiency.
1. If a training need is identified as a result of a formal disciplinary complaint, the Disciplinary Authority should make a written request to the Division commander, as part of the disciplinary complaint file, for specific training designed to correct the problem. If the training is approved, the employee's Division commander is responsible for ensuring that the necessary training arrangements are made with the Academy commander, when applicable.
2. If a training need is identified as a result of the daily observations of the employee's performance, the supervisor should make a written request, in memorandum form, to the Division commander for specific training designed to correct the problem. If the training is approved, the employee's Division commander is responsible for ensuring that the necessary training arrangements are made with the Academy commander, when applicable.
3. If a training need is identified as a result of a pattern of complaints, any supervisor, either in the employee's chain of command or assigned to the Office of Professional Standards (OPS), may make a written request to the employee's Division commander and to the OPS commander for specific training designed to correct the problem. If the training is approved, the commander of OPS, with the knowledge and approval of the Chief of Police, will coordinate the training with the Academy commander and the employee's Division commander.
4. When training is needed based upon criteria established under Early Warning guidelines, no disciplinary complaint file or disciplinary action may be associated with the training.
4.11.4 Psychological Intervention
Occasionally, an employee's conduct may be symptomatic of an emotional, psychological or physical condition which may impair the employee's ability to adequately or safely perform his or her job. Any supervisor in the employee's chain of command or at OPS may refer the employee to the Bureau of Employee Assistance Services (BEAS) to determine if further intervention or evaluation is needed. There are two types of referrals supervisors may make: an emergency referral or an early warning referral.
In the event that a supervisor requests an emergency referral of an employee to the BEAS, the requesting supervisor will take the steps outlined below.
1. Any supervisor may contact the BEAS directly to request an immediate psychological evaluation of an employee if the supervisor believes the employee is in need of immediate intervention. The supervisor should document the reasons for the request and notify the employee's chain of command of the action as soon as possible.
2. In cases where the employee's conduct appears to be unstable or poses a threat or danger to him- or herself, to other employees, or to the public, the supervisor will relieve the employee from duty in accordance with Sections 4.10.2 and 4.10.3.
3. All emergency referrals to the BEAS will require the BEAS to make an immediate assessment of the employee and, within 72 hours of the BEAS's receipt of the emergency referral, to notify the referring supervisor and the employee's division commander as to what, if any, additional intervention is needed.
4. Any employee who is the subject of an emergency referral will promptly and fully cooperate with Departmental, BEAS and any other involved persons, in the furtherance and completion of the emergency referral process. Any failure by the employee to do so will subject the employee to Departmental disciplinary action up to and including dismissal.
All supervisors are required to closely monitor employees' performance and to initiate a review through the early warning process on any employee whose conduct falls within the criteria established under APD.SOP.2022 “Early Warning”.
1. All employees are to refer to the Department's Early Warning SOP for guidance on the review criteria, supervisory and employee responsibilities, notification, documentation, and intervention and corrective measures.
4.11.7 Psychological (BEAS) Recommendations
On any emergency or early warning referral to the BEAS, the BEAS will make one of the following recommendations to the Chief, to the Division Commander, and to the OPS Commander:
1. The employee is psychologically able to return to or remain at work in an unrestricted duty assignment.
2. The employee is psychologically able to return to or remain at work in an unrestricted duty assignment contingent upon his or her participation in an identified intervention or treatment program as specified by the BEAS. The employee will be required to enter into a written contract with the BEAS regarding his or her participation in such a program.
3. The employee is psychologically able to return to or remain at work in a restricted duty assignment until he or she successfully completes an identified intervention or treatment program as specified by the BEAS. The employee will be required to enter into a written contract with the BEAS regarding his or her participation in such a program.
4. The employee is unable to return to or remain at work in any kind of duty assignment until he or she successfully completes a BEAS identified intervention or treatment program. The employee will be required to enter into a written contract with the BEAS regarding his or her participation in such a program.
5. The employee is recommended to undergo a Fitness for Duty Evaluation in accordance with the Code of Ordinances of the City of Atlanta. Until any other employee work status recommendation and determination is made within the Fitness for Duty Evaluation process, the employee:
a. is not able to return to or remain at work; or
b. the employee is able to return to or remain at work in a restricted duty assignment.
4.11.8 Psychological Records on Employees
The BEAS will maintain a confidential file on each employee that has undergone an emergency or early warning referral and evaluation from the BEAS. Access to the confidential file will be controlled by the Chief Psychologist or a designee and will be granted only to authorized personnel. Authorized personnel include the Chief of Police, Division and Bureau Commanders and the OPS Commander. Confidential files are not subject to Open Records requests. In the event that a referral and evaluation are requested as a result of a disciplinary complaint, the evaluation will generally not be part of the OPS complaint file, nor should the complaint investigation or disciplinary action be delayed due to the referral process. OPS investigations that are initiated as a result of non-compliance with the referral and intervention process do not have any confidentiality protections.
4.11.9 Employee Assistance and Substance Abuse Program.
1. Voluntary Participation
The Department will provide all of its employees one opportunity to voluntarily enter the City's employee assistance and substance abuse program without being subjected to any disciplinary action based on the substance abuse.
a. An employee may voluntarily enter into the employee assistance and substance abuse program through the Bureau of Employee Assistance Services (BEAS) if, and only if, that employee meets the following criteria:
(1) The employee is free of any criminal or administrative charges, is not presently under criminal or administrative investigation, and has not been directed to be tested based upon reasonable suspicion prior to voluntary entry into the employee assistance and substance abuse program.
(2) The employee agrees to comply with the established guidelines and requirements of the employee assistance and substance abuse program.
b. The Bureau of Employee Assistance Services will notify the Chief of Police of an employee's entrance and participation in a voluntary program.
c. If the employee successfully completes all elements of the employee assistance and substance abuse program, all records pertaining to the employee's voluntary participation in a substance abuse program will be considered confidential and will be maintained by the Bureau of Employee Assistance Services. Should the employee fail to comply with any aspect of the employee assistance and substance abuse program, all records will be open to review and turned over to Office of Professional Standards for administrative charges.
d. The employee must complete the primary and after-care elements of the rehabilitation program in strict accordance with the established guidelines set forth by the employee assistance and substance abuse program and the Bureau of Employee Assistance Services. Any employee who voluntarily enters the employee assistance and substance abuse program but fails to abide by the established guidelines and requirements will be subject to disciplinary action up to and including dismissal.
2. Mandatory Participation At the Disciplinary Authority's discretion, an employee involved in misconduct while under the influence of alcohol or legal drugs may be required to participate and successfully complete a mandatory substance abuse program. The mandatory employee assistance and substance abuse program participation will be considered a proactive corrective action which will be used in combination with disciplinary action. (Misconduct involving illegal substances will result in dismissal.)
a. The mandatory employee assistance and substance abuse program may be implemented whenever investigation reveals the abuse of alcohol or legal drugs or at any other time deemed appropriate. b. All mandated substance abuse programs will be coordinated through the Bureau of Employee Assistance Services. Employees will be required to enter into a valid contract with the Bureau of Employee Assistance Services unit and comply with all of the conditions of the contract. An employee's failure to comply with any of the conditions of the contract will result in disciplinary action up to and including dismissal.
4.12.1 Personnel Actions Involving Drug or Alcohol Abuse
The Chief of Police may take whatever personnel action he/she deems appropriate if the Chief determines that the affected employee is unable to adequately perform his/her job functions because of alcohol or drug abuse. Such personnel action is intended to protect the affected employee, fellow employees, and the public. Such action is considered an interim action, and is not considered disciplinary in nature.
4.12.2 Supervisor Responsibilities for Reporting
Field supervisors will actively monitor and check on duty employees for signs of substance abuse. A field supervisor who has a reasonable suspicion that an on duty employee is under the influence of drugs or alcohol will relieve the employee from duty, place him/her under direct observation, and will contact OPS immediately. Supervisors can be held accountable for any further misconduct related to the incident at hand by the affected employee should they fail to take action immediately.
1. All allegations of misconduct where there is reasonable suspicion that the accused employee was or is under the influence of drugs or alcohol at the time of the incident will be treated as a Priority I complaint and reported to OPS immediately. Even if the incident itself is clearly a Priority II complaint, if there is a reasonable suspicion that the employee was under the influence of drugs or alcohol at the time of the incident, it will be treated as Priority I. Examples of such incidents include, but are not limited to: D.U.I. arrests, arriving to work under the influence of alcohol, and an off duty altercation involving an employee under the influence of alcohol or drugs.
2. Supervisors that discover misconduct by off duty employees they reasonably suspect are under the influence of drugs or alcohol will relieve the employee from duty and place him/her under direct observation and contact OPS immediately. Supervisors can be held accountable for any further misconduct related to the incident at hand by the affected employee should they fail to take action immediately.
3. The conduct of supervisors who fail to immediately notify OPS and to take appropriate action against an employee when reasonable suspicion exists that the employee is or was involved in misconduct while under the influence of drugs or alcohol will be investigated as a Priority I complaint.
4.12.3 Employee Responsibility to Report
Employees are responsible for reporting to their immediate supervisor the use of any substance such as prescription medications (including psychoactive medication), alcohol, over the counter medications, or other substances that, while legal, may adversely effect the judgment or performance of that employee during duty hours.
4.12.4 Substance Abuse Testing
When a supervisor develops reasonable suspicion that an on or off duty employee has violated the City Substance Abuse Policy or is involved in any misconduct, while under the influence of drugs or alcohol, he/she will relieve the employee from duty, place him/her under direct observation, and contact OPS immediately to arrange for a substance abuse test.
1. The OPS commander is the designated appointing authority for substance abuse testing and as such will determine whether reasonable suspicion exists to warrant a substance abuse test.
2. The on-call OPS supervisor will assist the affected employee's immediate supervisor in preparing all documentation associated with requesting a substance abuse test, and will coordinate the administration of the test.
3. Any employee who refuses to submit to a drug and/or alcohol analysis when directed to do so will be DISMISSED from the Department.
4. The Department will accept results from testing laboratories that have been certified in accordance with applicable City ordinances and guidelines, and in instances where the employee initiates testing, only results from certified laboratories will be accepted.
5. The employee is entitled to an additional test of the original sample, at the City's expense, provided that said test be conducted within fourteen days of the notification of the positive result. The additional test will be conducted at a testing lab certified to test specimens in accordance with City ordinances and guidelines.
6. A positive test for illegal drugs will result in the DISMISSAL of the employee. A positive test result for alcohol or legal drugs will constitute cause for which disciplinary action may be imposed, up to and including dismissal.
4.12.5 City Ordinance "Substance Abuse Policy"
Nothing in this section 14 (Substance Abuse) should be construed to afford an employee any more rights or opportunities than those established by the "Substance Abuse Policy" of the City of Atlanta (City Code 114-566 through 114-575).
4.13.1 OPS will maintain a permanent written record of all complaints and disciplinary actions made against all Departmental employees.
4.13.2 All records will be maintained in accordance with APD.SOP.1050 Records Management and Retention and in compliance with the 1972 Georgia Records Act.
4.13.3 The OPS Records Retention Officer, under the direction of the OPS commander, will be responsible for coordinating the OPS records management program.
4.13.4 Written records of all complaints, the investigation files, will be maintained in a secured location under the control of the OPS commander.
4.13.5 Investigation files will be transferred to microfiche or other electronic storage after five years. After being transferred to microfiche or other electronic storage investigation files will be archived for fifteen years and then destroyed.
4.13.6 Microfiche records will be maintained in a secured location under the control of the OPS commander.
4. 14 Fines for Loss of or Damage to City Property
This section establishes policy for collecting fines from employees who have damaged or lost City owned or leased property through negligence or misconduct. City Code 98-26 authorizes the Chief of Police to administer disciplinary fines not to exceed $500. The Atlanta Police Department will collect a fine from employees who lose or damage City property as a result of negligence or misconduct in addition to, but not in lieu of, other actions brought through the disciplinary process. The fine will be equal to the replacement cost of the damaged or lost property, not to exceed $500 in any one incident.
4.14.1 Commander and Employee Responsibilities
1. The Chief of Police is responsible for the levying of fines.
2. The Office of Professional Standards (OPS) will coordinate this process.
3. The Personnel Services Unit will direct collected fines from employees through payroll deductions into the appropriate account.
4. The Corporate Services Section commander will determine the replacement cost of the lost or damaged property.
4.14.2 An employee with a sustained complaint for damage to or loss of City property will, at the Chief’s discretion, be directed to pay a monetary fine of the replacement cost of the damaged or lost property up to $500.
4.14.3 Fines must be paid through payroll deduction. Employees will have the option to pay the monetary fine in full at the time of its imposition or at a minimum rate of $20 per pay period.
4.14.4 All information regarding the decision to impose monetary fines will be documented on Form APD 849.
1. The Chief of Police will complete section 1 of Form APD 849 directing the fine to be imposed.
2. The employee will complete section 2 of Form APD 849 indicating how the payroll deduction will be administered.
4.14.5 Employees that refuse to complete section 2 of Form APD 849 will have the full amount of the fine deducted from their next paycheck.
4.14.6 Monetary fines that are imposed for equipment that is not motorized will be deposited into the Chief of Police equipment fund, Fund Account Center 1001-240101-5420999.
4.14.7 Monetary fines that are imposed for equipment that is motorized will be deposited into the Chief of Police motorized equipment fund, Fund Account Center 1001-240101-5420999. 4.14.8 OPS will immediately provide a copy of Form APD 849 to the Personnel Services Unit after the Chief of Police has signed it. The original copy of Form APD 849 will be placed in the employee’s OPS file, a copy will be placed in the employee’s personnel file, and the employee will be given a copy.
5.1 Adverse Action: A disciplinary action taken for cause which results in suspension without pay, demotion, or dismissal of a regular, permanent, non-probationary employee in the classified service of the City or any regular non-probationary sworn officer who holds the rank of captain or below. It does not include actions, which result from challenging the decision to implement or the scope of a reduction-in-force, or actions resulting from insufficient funds, decrease in funds, or departmental reorganization. Adverse actions are appealable to the Civil Service Board for most employees.
5.2 Appeal: A written request by an employee for review by the Civil Service Board of an adverse action, removal from the eligible list, procedures used in a reduction in force, or unjust coercion or reprisal, as provided in the Labor-Management Relations Ordinance.
5.3 Appointing Authority: The appointing authority is the Chief of Police in the Police Department. The authority of the Chief of Police includes the power of appointment, employment or election to, or removal from, subordinate positions in the City employment service. This directive does not in any way diminish the authority of Chief of Police to take whatever disciplinary action he or she deems necessary to protect and preserve order in the Atlanta Police Department. The authority to dismiss will remain the authority of the Chief of Police, regardless of the severity of the offenses, regardless of any reckoning period, and regardless of the cited behavior.
5.4 City property: Any property or equipment that is owned, leased, or used by the City of Atlanta, the Police Department, or any other agency engaged in a joint operation with the Police Department.
5.5 Complaint: An allegation that a Department employee has engaged in misconduct.
5.6 Complaint Category: A method by which the seriousness of misconduct is evaluated and defined. The four complaint categories are used to determine the appropriate disciplinary range for misconduct.
5.7 Counseling: A deliberation or discussion between employee and supervisor in which the employee's supervisor advises the employee regarding the appropriateness of work related attitudes, behaviors, actions, conduct, or performance of the employee and where necessary offers assistance or advice in correcting it.
5.8 Day: Unless otherwise specified, a working day, Monday through Friday, 9:00 a.m. to 5:00 p.m.
5.9 Demotion: A change of employment to a position in a class, which has a lower maximum limit than the class from which, the assignment was made. A reduction in pay will not be deemed a demotion for cause if the reduction results from:
1. a demotion during a probationary period such as that the employee is returned to the position held immediately prior to the promotion;
2. a reduction in force;
3. insufficient funds or decrease in funds;
4. a departmental reorganization;
5. a change of appointment.
Demotions based on the examples above are made at the discretion of the appointing authority as provided by the Code of Ordinances of the City of Atlanta and will not be appealable under these procedures.
5.10 Disciplinary Actions: For the purpose of this Directive, a Disciplinary Action may include: an oral admonishment, written reprimand, suspension without pay, demotion from an earned rank, or dismissal.
5.11 Disciplinary Authority: A supervisor in the Department who is authorized to administer a certain level of discipline within the chain of command. If the supervisor is absent and has designated a subordinate to act in his or her place, the designated person may exercise the supervisor's disciplinary authority.
5.12 Disciplinary Range: A list of adverse and non-adverse actions that are appropriate to one of the four complaint categories.
5.13 Dismissal: The discharge, termination, or removal of an employee from employment with the City.
5.14 Exceptionally Closed: Reasons outside the Department's control prevent it from continuing or completing its investigation of a complaint, and/or from charging and prosecuting an accused employee when sufficient evidence exists to charge the accused employee. Examples may include: the employee resigns, dies, or is no longer employed by the Department.
5.15 Exonerated: The incident occurred but the employee's actions were justified, lawful, and proper.
5.16 Investigator: For the purposes of this Directive, an investigator is an employee who is assigned to conduct the investigation of a complaint, regardless of rank or classification.
5.17 Misconduct: Action or inaction by an employee of the Department that violates an employee work rule or applicable City ordinance.
5.18 Not-Sustained: There is insufficient evidence to sustain a finding that the employee committed the violation.
5.19 Notice of Proposed Adverse Action (N.P.A.A.): A written statement that a disciplinary authority proposes to take adverse disciplinary action against the employee.
5.20 Notice of Final Adverse Action (N.F.A.A.): A written statement that a disciplinary authority is taking adverse disciplinary action against an employee.
5.21 Oral Admonishment: A verbal discussion by a supervisor with an employee calling attention to the employee's substandard work performance or inappropriate conduct and requiring correction.
5.22 Probationary Employee: Any employee appointed to a permanent position who has not completed the required probationary period in a given class qualifying the employee for permanent provisions of the Civil Service Ordinance.
5.23 Priority I Complaints: Allegations of employee misconduct of a major nature that are to be investigated by the Office of Professional Standards. Criteria for Priority I complaints are listed below. Note that discretion may be used in the application of these criteria where the situation is not urgent or the evidence lacks credibility.
1. The complaint is of a serious nature and/or tends to indicate criminal violations. For example: bribery, gratuity, other illegal compensation, substance abuse.
2. The complaint alleges that an employee's conduct caused or resulted in serious injury or death to another person by an action or inaction of the employee, including by discharging firearms.
3. The complaint alleges that unauthorized force was used and there is evidence of serious injury.
4. The complaint alleges sexual, racial, or religious discrimination or harassment.
5. The complaint is brought by a citizen against a probationary employee.
6. The complaint alleges act(s) of physical violence occurring between two or more employees.
7. The complaint alleges misconduct by an employee of the rank of captain or higher.
8. Personnel of the Chief's Office or personnel from more than one division are involved.
9. The complaint is such that it would be impractical for the investigation to be conducted by the respective command.
10. Other acts of a serious nature, as directed by the Chief or the OPS commander.
5.24 Priority II Complaints: Any complaints not meeting any of the criteria for Priority I, including allegations that involve a vehicular accident, discourtesy, or other lesser misconduct by Departmental employees. The employee’s supervisor will normally investigate these complaints.
5.25 Progressive Discipline: The philosophy in which disciplinary action for minor infractions is applied in several steps of increasing severity in order to afford the employee the opportunity to correct behavior or inadequate job performance with the minimum level of discipline applied at each step.
5.26 Reckoning Period: A defined period of time for which a past sustained work rule violation will be considered in an employee's record of discipline as shown on the employee discipline worksheet applicable to violation(s) currently under consideration for disciplinary action. The reckoning period for any violation normally begins on the effective date of action of the disciplinary action for the violation, except as provided in section 4.8.2. The length of each reckoning period is set by the associated complaint category.
5.27 Separation: Termination of the employment relationship.
5.28 Serious physical injury: A bodily injury that creates a substantial risk of death; causes serious, permanent disfigurement; or results in long term loss or impairment of the functioning of any bodily member or organ.
5.29 Suspension: The temporary removal of an employee from a position of employment with the City with or without pay.
5.30 Sustained: The investigative file provides sufficient evidence to support the finding that the employee committed the violation.
5.31 Unfounded: Complainant admits to false allegation, the charge is false or not factual, or the accused employee was not involved in the incident.
5.32 Written Reprimand: A written warning to an employee by a supervisor calling attention to the employee's error, substandard work performance or inappropriate behavior, and stating that more serious action will be taken if similar misconduct is repeated by the employee.
APD.SOP.2020 Disciplinary Process, effective December 15, 2011
APD.SOP.2010 Work Rules
City Code Section 98-26 “Duties of Police Chief”
FORMS: Disciplinary Complaint Folder Index Supervisor Complaint Investigation Checklist Preliminary Complaint Form Complaint File Witness List Citizen Statement Citizen Statement Continuation Employee Statement Employee Statement Continuation Relief From Duty Form Investigation Disposition Form Employee Discipline Worksheet (front and back) Letter of Written Reprimand Notice of Proposed Adverse Action (N.P.A.A.) Notice of Final Adverse Action (N.F.A.A.) Adverse Action Continuation Page Extension of Time Form Employee Response Session Appeal Waiver Form APD 849: Decision to Impose Monetary Fine |
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