Police Department Policy

GGPDE_1011_-_Disciplinary_Process_2837283

Garden Grove PD

Policy Text
Policy 1011Garden Grove Police Department Policy Manual Copyright Lexipol, LLC 2023/11/08, All Rights Reserved. Published with permission by Garden Grove Police DepartmentDisciplinary Process - 1Disciplinary Process 1011.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines and procedures for the establishment of an effective and fair system of discipline for all department personnel. All disciplinary action shall be administered for the purpose of insuring that the offense will not recur, and that the best interests of the city and the police department will be paramount. Discipline may be imposed as a counseling and educational process to assist an employee in meeting the minimum standards set by the department. 1011.2 GROUNDS FOR DISCIPLINARY ACTIONS The tenure of every employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with due consideration of the employee's prior performance and disciplinary record. All disciplinary action against any employee shall be based on and controlled by the provisions herein. 1011.3 AUTHORIZED FORMS OF DISCIPLINE - INFORMAL OR POSITIVE DISCIPLINE The forms of discipline outlined below are considered informal or positive forms of discipline. These forms of discipline may be considered when evaluating a subsequent similar violation provided that such informal disciplinary action was recorded in writing at the time of the offense and the employee was afforded an opportunity to submit a written response thereto. Positive discipline may be reported to the Chief of Police at the option of the supervisor issuing the discipline or the employee receiving the discipline. 1011.3.1 CERTIFICATION FOR RETRAINING Certification for retraining is when a violation was caused primarily by the employee being incompetent or inadequately prepared for his/her responsibilities, and it is in the best interest of the department that the employee undergoes additional training. The specific nature and procedure for a given retraining shall be determined by the Chief of Police and/or the employee's division commander/manager. 1011.4 COUNSELING Counseling is when an employee is verbally made aware of his or her violation by a supervisor, but there are circumstances that impair the employee's ability to comply with the provisions contained herein, and action is taken by the supervisor to work with the employee in an attempt to correct the problem rather than take other disciplinary measures against the employee. The counseling may be documented on an "Employee Performance Log" form. When a performance log is used to document the counseling, the supervisor shall not make reference to any potential future disciplinary action based upon the actions(s) or behavior of the employee discussed in the counseling session. For example, the concluding statement Garden Grove Police Department Policy Manual Disciplinary Process Copyright Lexipol, LLC 2023/11/08, All Rights Reserved. Published with permission by Garden Grove Police DepartmentDisciplinary Process - 2in a documented counseling on a performance log should simply read something like," this performance log shall serve as documentation of this counseling session. "Note: A counseling performance log does not entitle the employee to any type of appeal process, however, as with any Divisional performance issue, the employee may discuss the counseling performance log with the next highest level in the chain of command. The performance log is placed in the employee's Division File for six months from the date of incident.. 1011.4.1 DIVISION DISCIPLINE Division discipline is any corrective action approved by the division commander not amounting to formal disciplinary action. The corrective action shall not be of a nature that would embarrass or degrade the employee. An employee receiving division discipline may request and may receive formal discipline in its place. 1011.4.2 ORAL REPRIMAND An Oral reprimand is when an employee is made aware of his or her violation verbally by a supervisor and is informed that he or she is in violation of a specific section contained herein and is instructed to comply in the future. The supervisor may make reference or comments on how similar action(s), behavior or policy violations may result in future potential punitive discipline. The oral reprimand will be documented on a Garden Grove Police Department Intra-departmental Memorandum; however, a City of Garden Grove Personnel Action Form (PAF) is not completed. The Oral Reprimand is retained in the employee's Division File for one year from the date received. In the event an Oral Reprimand is used to document a specific section contained herein, the employee may make an appeal to the next higher-level supervisor in the employee's chain of command. The employee receiving the Oral Reprimand has four days in which to write a memorandum to the next highest level of supervision in the employee's chain of command, requesting a meeting on the matter. The finding by the supervisor is binding, and no further appeal process is allowed. 1011.5 AUTHORIZED FORMS OF DISCIPLINE - FORMAL OR NEGATIVE DISCIPLINE The forms of discipline outlined below are considered formal or negative forms of discipline and shall be considered as previous offenses when considering subsequent violations. A record of all negative discipline by an employee shall be maintained in the employee's permanent personnel file. 1011.5.1 WRITTEN REPRIMAND A written reprimand is a formal intra-departmental memorandum reprimand by a supervisor and approved by the Chief of Police, or his designee, finding a subordinate in violation of a specific section(s) contained in

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