Police Department Policy

73297

Edgewood PD

Policy Text
11.16 DISCIPLINE /INTERNAL INVESTIGATIONS Page 1 of 48 EDGEWOOD POLICE DEPARTMENT GENERAL ORDER # 11. 16 DISCIPLINE/INTERNAL INVESTIGATIONS Revised Date: February 4, 2025 I. Policy II. Definitions III. General IV. Reporting of Alleged Violations V. Responsibility of Investigation VI. Receiving Inquiries from the Public VII. Initial Notice of Inquiry (INOI) VIII. Relief of Duty IX. Inquiries for Discharge of Firearms X. Investigative Reports XI. Confidentiality and Conclusion of Internal Investigation XII. The Post -Investigative IIR Process XIII. Discipline Procedures XIV. Discipline Appeals Process XV. Suspensions XVI. Discipline Resulting In Termination XVII. Crashes and Loss/Damage to City Property XVIII. Discipline Dispute Resolution Process (DDRP) XIX. Requ ired Examinations The purpose of this order is to establish basic guidelines for employee conduct and to set forth the system by which complaints against officers are handled within the department. Discipline is often thought of in a limited sense as meaning punishment or penalty, a negative connotation. However, discipline, also, means instructing, teaching and training. Its main purposes are to facilitate coordination of effort, develop self -control and character , and to foster orderliness and effici ency. One of the primary measures of the level of discipline within a law enforcement agency is the order liness with which it operates. All disciplinary appeals (grievances) shall be conducted exclusively in the manner described in the collective bargaini ng agreement (CBA) in force at the time the disciplinary grievance (appeal) is filed. This shall be the only means of appealing disciplinary actions. I. POLICY A. It shall be the policy of the Department that discipline shall be characterized as corrective rather than punitive and disciplinary action is but one of the elements of an overall program to educate Department employees and promote appropriate 11.16 DISCIPLINE /INTERNAL INVESTIGATIONS Page 2 of 48 conduct. The need for discipline may arise as a result of various kinds of actions on the part of the employee, such as but not limited to: 1. Failure to perform their job in a satisfactory manner, that is, unsatisfactory as to one or more of the requirements of their job. 2. Infractions of the regulations , rules , policies or procedures, as established by the City or Police Department. 3. Offenses or misconduct which violates rules of behavior or is specifically prohibited by law. B. Not all complaints will rise to the level of a formal investigation and may be handled at the “inquiry” stage. C. Disciplinary actions are reviewed by the Chief of Police to ensure consistency and non - repetitive discipline. II. DEFINITIONS A. Administrative Review : An administrative review is a documented assessment of the preliminary information regarding an incident or occurrence prepared by the employee’s supervisor . An admin istrative review is conducted when any employee is significantly involved in an incident resulting in death or serious bodily injury or any incident deemed necessary by the Chief of Police or his/her designee. B. Civilian Employee : Any nonsworn employee of th e Department . C. Compliance Review Hearing : The process by which a person under investigation, who believes their Law Enforcement Officer’s Bill of Rights has been intentionally violated by the agency or an Internal Affairs Investigator, may seek remedy of an alleged intentional violation, Per Florida Statute 112.534. D. Compliance Review Panel : A panel to determine if a sworn member’s Law Enforcement Officer’s Bill of Rights have been intentionally violated during an administrative investigation, Per Florida Statute 112.534. E. Department : The Edgewood Police Department. F. Discipline Dispute Resolution Process : an elective process by which a member may acknowledge having violated department policy and discuss discipline rather than proceeding with a formal investigation. This option cannot be used for every potential investigation. G. Internal Affairs Investigator : a member assigned by the Chief of Police to investigate any administrative internal investigation ( e.g., short form INOI, or applicable long form INOI). H. Inquiry : A review of a complaint to determine if a policy violation may have occurred by a member and whether an administrative investigation is warranted. Excluding any information discussed with the member , however, the member has the right t o discuss the facts of the inquiry with the investigating party. I. Manager : Any member who holds rank of lieutenant or above . J. Member : Any sworn employee of the Department. K. Pre-Disciplinary Hearing : A meeting where the member has the opportunity to explain or justify their actions. The Pre -Disciplinary hearing is between the Chief of Police and the member prior to agreeing or disagreeing with the imposed discipline. 11.16 DISCIPLINE /INTERNAL INVESTIGATIONS Page 3 of 48 L. Progressive Discipline : Starting with the least severe discip linary action that may reasonably expect to be effective in correcting a problem, a series of increasingly severe corrective or disciplinary actions, ranging from verbal counseling to termination, which are administered to correct employee behavior. M. Regula tions : Standards of conduct for which all employees shall be held accountable. Normally, only violations of regulations shall be documented in the form of an Initial

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