Police Department Policy

GGPDE_1017_-_Fitness_for_Duty_2828010

Garden Grove PD

Policy Text
Policy 1017Garden Grove Police Department Policy Manual Copyright Lexipol, LLC 2022/10/11, All Rights Reserved. Published with permission by Garden Grove Police DepartmentFitness for Duty - 1Fitness for Duty 1017.1 PURPOSE AND SCOPE All officers are required to be free from any physical, emotional, or mental condition which might adversely affect the exercise of peace officer powers. The purpose of this policy is to ensure that all officers of this department remain fit for duty and able to perform their job functions (Government Code § 1031). It is not the intention of this policy to interfere with a supervisor's ability to recommend or suggest personal counseling to a subordinate, nor is this policy intended to alter or replace confidential counseling provided by the department as a result of critical incidents. Additionally, this policy is not intended as a substitute for, or to preclude the department from, imposing discipline for employee misconduct. 1017.2 EMPLOYEE RESPONSIBILITIES (a)It shall be the responsibility of each member of this department to maintain good physical condition sufficient to safely and properly perform essential duties of their position. (b)Each member of this department shall perform his/her respective duties without physical, emotional, and/or mental constraints. (c)During working hours, all employees are required to be alert, attentive, and capable of performing his/her assigned responsibilities. (d)Any employee who feels unable to perform his/her duties shall promptly notify a supervisor. In the event that an employee believes that another employee is unable to perform his/her duties, such observations and/or belief shall be promptly reported to a supervisor. (e)An employee is not required to disclose a disability to a supervisor; however, a supervisor may inquire regarding the conduct, behavior or circumstances that give rise to his or her concerns. 1017.3 SUPERVISOR RESPONSIBILITIES (a)A supervisor observing an employee, or receiving a report of an employee who is perceived to be, unable to safely perform his/her duties due to a physical or mental condition shall take prompt and appropriate action in an effort to resolve the situation. The Supervisor should meet with the employee, if doing so will not aggravate the situation. If the meeting does not relieve the supervisor's concerns, or if no meeting is conducted, the involved supervisor shall contact his or her division commander and prepare a written report of the circumstances, if so directed. (b)Whenever feasible, the supervisor should attempt to ascertain the reason or source of the problem and in all cases a preliminary evaluation should be made in an effort to determine the level of inability of the employee to perform his/her duties. Garden Grove Police Department Policy Manual Fitness for Duty Copyright Lexipol, LLC 2022/10/11, All Rights Reserved. Published with permission by Garden Grove Police DepartmentFitness for Duty - 2(c)In the event the employee appears to be in need of immediate medical or psychiatric treatment, all reasonable efforts should be made to provide such care. (d)In conjunction with the Division Lieutenant or employee’s available Bureau Commander, a determination should be made whether or not the employee should be temporarily relieved from his/her duties. (e)Whereappropriate, asupervisor andemployee may also discuss reasonable accommodations that may enable the employee to perform the essential functions of his or her position. (f)The Chief of Police shall be promptly notified in the event that any employee is relieved from duty. 1017.4 NON-WORK RELATED CONDITIONS Any employee suffering from a non-work related condition which warrants a temporary relief from duty may be required to use sick leave or other paid time off (PTO) in order to obtain medical treatment or other reasonable rest period. 1017.5 WORK RELATED CONDITIONS Any employee suffering from a work related condition which warrants a temporary relief from duty shall be required to comply with personnel rules and guidelines for processing such claims. Upon the recommendation of the Division Lieutenant or unit supervisor and concurrence of a Bureau Commander, any employee whose actions or use of force in an official capacity result in death or serious injury to another may be temporarily removed from regularly assigned duties and/or placed on paid administrative leave for the wellbeing of the employee and until such time as the following may be completed: (a)A preliminary determination that the employee's conduct appears to be in compliance with policy and, if appropriate. (b)The employee has had the opportunity to receive necessary counseling and/or psychological clearance to return to full duty. 1017.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS Whenever circumstances reasonably indicate that an employee is unfit for duty, the Chief of Police may serve that employee with a written order to undergo a physical and/or psychological examination in cooperation with Human Resources to determine the level of the employee’s fitness for duty. Such order should include a brief description of the reasons for the evaluation and shall indicate the date, time and place for the examination. the name of the psychologist conducting the evaluation; a directive to cooperate with the psychologist's requests and honestly answer any questions posed by the psychologist; and notice that the evaluation is being conducted for use by the department and there is no traditional psychotherapist (doctor)–patient privilege. However, the notice shall also state that the evaluation is confidential between the employee and the evaluator to the extent required by the Confidentiality of Medical Information Act (Civil Code Section 56 Garden Grove Police Department Policy Manual Fitness for Duty Copyright Lexipol, LLC 2022/10/11, All Rights Reserved. Published with permission by Garden Grove Police DepartmentFitness for

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