APD.SOP.2022 Early Warning System

To establish policies and procedures for identifying employees with a pattern of behavior that may be detrimental to the achievement of the goals and objectives of the Department, and initiate a process for the provision of appropriate corrective action.

2. POLICY

The Atlanta Police Department will actively monitor all employees' conduct and provide appropriate intervention where it is evident that behavior problems exist and there is the potential for undermining the achievement of Departmental goals and objectives.

3. RESPONSIBILITIES

3.1 The Office of Professional Standards (OPS) commander will implement this directive in OPS; monitor the implementation of this directive throughout the Department; and provide an annual evaluation of the Early Warning System to the Chief of Police.

3.2 Division commanders will be responsible for ensuring the effective implementation of this policy within their chain of command.

3.3 All supervisors will be responsible for actively monitoring employees' conduct, intervention, and proper notification when an employee's behavior is contrary to the Department's goals and objectives.

3.4 All employees will be responsible for their own conduct. Any employee who is the subject of an Early Warning review or referral will promptly and fully cooperate with Departmental, Bureau of Employee Assistance Services (BEAS), and any other involved persons, in the furtherance and completion of that Early Warning review and/or referral process. Any failure by the employee to do so will subject the employee to disciplinary action up to and including dismissal.

3.5 The Bureau of Employee Assistance Services (BEAS) will participate in the employee review process, will meet where appropriate with employees identified under the Early Warning guidelines, will conduct assessments of employees pursuant to the procedures of this Early Warning System, and will prepare written summaries of their evaluations. The BEAS will also be responsible for maintaining a confidential file on each employee referred as an Early Warning referral to the BEAS for its assessment and recommendations.

4. ACTION

4.1 Identification under the Early Warning Guidelines

4.1.1 Identification of an employee for review under this Early Warning policy may originate from the following four sources:

1. The employee;

2. The Bureau of Employee Assistance Services (BEAS);

3. The Office of Professional Standards (O.P.S.); or

4. The employee's chain of command at or above the level of immediate supervisor.

4.1.2 The Office of Professional Standards will monitor its records and will initiate the review process by making the proper notification when it becomes aware that any employee has a record of one or more of the following conditions:

1. Three citizen complaints, whether sustained or not, filed against the employee within a six month period;

2. Any allegation of domestic violence involving the employee, whether as victim or primary aggressor;

3. Any sustained unauthorized use-of-force allegation; or two or more unauthorized force complaints against the employee within a one-year period;

4. Any discernible pattern of repeated similar complaints, whether sustained or not, against the employee;

5. Two or more firearm discharges within a six month period or four or more within a twelve month period;

6. Any act or threat of violence by an employee toward another employee or employees

7. Any DUI arrest of a Department employee;

4.1.3 The employee�s chain of command, at or above the level of immediate supervisor, will initiate a review of an employee�s behavior by giving appropriate notification when it becomes evident that any of the following conditions exist:

1. Two or more chargeable accidents, within a six-month period, by an employee operating a vehicle owned, leased or used by the City of Atlanta;

2. Any act or threat of violence by the employee toward another employee or employees;

3. A discernible pattern of abuse of leave or discernible pattern of tardiness;

4. Two or more separate occasions of unexcused absences from duty within a six-month period.

5. Any behavior of the employee that is so unusual or inappropriate that it creates an unsafe work environment or disrupts the normal working conditions;

6. Any discernable pattern of repeated similar complaints, whether sustained or not, against the employee.

7. Any apparent indication of the employee experiencing physical or mental abuse (i.e.; bruises, sleepiness, abnormal and counterproductive behavioral changes, etc.);

8. An employee's involvement in an emotionally or physically traumatic incident that appears to have detrimentally affected his or her normal performance standards, or

9. Any allegation of domestic violence involving the employee, whether as victim or primary aggressor.

10. Any situation where an employees� fitness for duty is objectively questionable (e.g., and outward display of emotional and mental distress).

4.1.4 The employee�s immediate supervisor and their immediate supervisor�s supervisor are crucial to the successful implementation of the Early Warning System, in that they have regular contact and ongoing interactions with their employees.

4.1.5 The Bureau of Employee Assistance Services (BEAS) will monitor employee records in its possession, and when possible will monitor employee behavior as well, to detect behavioral problems, and where problems exist will give appropriate notification in keeping with ethical and legal requirements.

4.2 Notification

4.2.1 Whenever a decision is made to recommend a review of an employee's behavior, appropriate notification will be given. Such notification will be in writing and will be controlled by the following conditions:

1. When the Office of Professional Standards identifies an employee under the above Early Warning guidelines, the commander of the Office of Professional Standards will notify the employee's division commander;

2. When an employee's supervisor identifies an employee under the above Early Warning guidelines, the supervisor will notify his or her chain of command, up to and including the division commander;

3. When the Bureau of Employee Assistance Services (BEAS) identifies an employee under established Early Warning criteria, the BEAS will notify the employee's division commander and the commander of the Office of Professional Standards; or

4. When a division commander is apprised of an employee's conduct falling within the scope of the above Early Warning guidelines, the division commander will notify the employee, the BEAS, the Office of Professional Standards and any supervisors in the employee's chain of command the division commander deems appropriate.

4.3 Employee Behavior Review

4.3.1 The employee's division commander will initiate or cause to be initiated a review of an employee identified under the Early Warning System.

4.3.2 The employee behavior review may consist of any one or more of the following actions:

1. A review of any pertinent documents to include: complaint files, performance evaluations, accident packages, firearm discharge packages, etc.;

2. A discussion or meeting with the employee, employee's supervisor and any person(s) with information which may aid the reviewer with his or her evaluation; or

3. A discussion or meeting with a staff member from the BEAS and, when deemed appropriate, a mandatory Early Warning referral of the employee to the BEAS for its assessment and recommendations.

4.3.3 If an employee has been identified more than once within a one year period under the established Early Warning criteria, the division commander will refer the employee for assessment by the Bureau of Employee Assistance Services and will request a written opinion from the BEAS on its evaluation of the employee's status.

4.3.4 When an employee behavior review goes beyond the expertise of the division commander and his or her command staff, the employee will be referred to the Bureau of Employee Assistance Services for completion of the review process.

4.3.5 When an employee behavior review is requested, the Bureau of Employee Assistance Services will prepare a brief written summary of its assessment regardless of whether or not any problems are identified. This summary will include any recommendations BEAS makes for the employee regarding limitations on duty fitness, corrective actions, and any further treatment.

4.3.6 The Bureau of Employee Assistance Services will provide a copy of the written summary to the employee's division commander and to the commander of the Office of Professional Standards.

4.3.7 If the division commander does not concur with corrective or treatment recommendations made by the Bureau of Employee Assistance Services, that non-concurrence will be summarized in writing and forwarded to the Assistant Chief of Police for resolution.

4.4 Corrective Actions

4.4.1 If the division commander or Assistant Chief of Police, after examining the information gathered from the employee behavior review process, determines that a need exists for further intervention into the employee's situation, he or she may order the initiation of appropriate corrective action(s), including but not limited to:

1. Counseling;

2. Training, to include but not limited to: individual enhancement training, remedial drivers training, firearms training, shoot/don't shoot training, sensitivity training, etc.;

3. Reassignment;

4. Request for a Fitness for Duty Examination;

5. Request for a Substance Abuse Analysis Examination; or

6. Mandatory employee referral into, and compliance with an identified counseling or therapy program, alcohol abuse program, family violence program, etc.

4.4.2 Corrective actions are not disciplinary and should not be used instead of disciplinary action when disciplinary action is appropriate.

4.5 Documentation and reporting

4.5.1 The Office of Professional Standards will be provided and required to maintain the names of all employees identified under the established Early Warning criteria, and any corrective actions taken. This information will be provided to and for individuals within the Department that have a right and need to know.

4.5.2 The Office of Professional Standards will provide an annual report of the Early Warning System to the following:

1. Chief of Police;

2. Assistant Chief; and

3. Planning and Research/Accreditation Unit.

4.5.3 The Office of Professional Standards will retain the report for five years.

4.5.4 The Bureau of Employee Assistance Services will maintain a confidential file on each employee identified under these guidelines from its own files and/or referred to BEAS under Section 4.3 above. 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, Assistant Chief of Police, division commanders, and the OPS commander.

4.5.5 Early Warning files or related employee records will not be maintained in the Departmental personnel and medical files, or in the employee's worksite personnel and medical files.

5. DEFINITIONS

5.1 Confidential file: Records of an employee's behavior which caused identification under the early warning system, the assessment and recommendations by the Bureau of Employee Assistance Services, and any corrective actions taken or recommended.

5.2 Employee Behavior Review: A review and/or summary of pertinent information concerning the employee's conduct. The manner of the review process is determined by Section 4.3.

6. CANCELLATIONS

APD.SOP.2022 �Early Warning System�, effective January 2, 2006

7. REFERENCES

Commission on Accreditation for Law Enforcement Agencies, (CALEA) 35.1.09