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Date: 12/01/90 Revision: 12/15 /23 Reviewed: 12/15 /23 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 122.02 Page: 1 of 21 SUBJECT: SWORN EMPLOYEE MISCONDUCT; COMPLAINT INVESTI GATION; SUSPENSION ; AND DISCIPLINARY PROCEDURES I. PURPOSE : The purpose of this standard operating procedure is to define uniform guidelines for the receipt, investigation, an d disposition of complaints of misconduct against sworn law enforcement and detention deputies. II. SCOPE : This proce dure shall ap ply only to sworn law enforcement and detention deputies. Non-sworn and classified personnel are subject only to the unifo rm guidelines as set forth in GEN SOP 122.04 . III. DISCUSSION : Discipline is a state of training and mental attitude, which fosters compliance with policies, regulations, and standards of proper conduct. Proper discipline stimulates harmony and efficien cy, facilitates coordination of effort, promotes high m orale, and encourages public acceptance and support. Effective l aw enforcement requires fair, consistent, and progressive disciplinary action when a deputy’s conduct and job performance are inconsisten t with Sheriff's Office goals or contrary to rul es, re gulations, or procedures. IV. DEFINITIONS : A. Citizen Complaint Report - A computerized report, entered via BlueTeam and maintained within the IAPro database, containing information and disposition regar ding a citizen complaint. B. Complaint of Official Misco nduct - An accusation or charge accusing a deputy of violating a policy, procedure, rule, or regulation. This does not include a complainant's misunderstanding or disagreement with the application of l aw or Sheriff's Office policies or procedures. * C. Employ ee Performance Management System (EPMS) - A system of evaluati ng employee performance thr ough observation and documentation. The syst em also serves to enhance performance through feedback, coaching , and goal setting . Formal reviews are completed in the Workday Performance module. D. Exonerated - A finding or conclusion that the incident occurred , but the deputy 's actions were lawful and proper. E. Exonerated Due to Policy Failure - A finding or conclusion that a present policy, procedure, rule , or regulation covering the situa tion was non -existent or inadequate. In all cases inv olving a finding of Exonerated Due to Policy Failure, the person making the finding shall initiate a review of the policy in question and draft a recommendation to resolv e the failure. * F. Initial Probation - A period of 12 months of probationary employment in a job classification upon hire or re -hire to the Sheriff ’s Office. If a full 12 months is not completed in the initial job classification, a new period of initial probation begins in the new job classification. During the initial probation period, the Sheriff ’s Office retains the right to dismiss an employee without the right to appeal. GEN 122.02 12/15 /23 Page 2 of 21 G. Non-Punitive Act ion - Action intended to modify or improve behavior an d elicit compliance with established policies and procedures (e.g., Letter of Counseling and Letter of Reprimand ). * H. Non-Tenured Personnel - Classified personnel who have not completed their initial probationary period. I. Punitive Disciplinary Action - Disciplinary a ction resulting in the loss of pay or benefits (e.g., suspension, demotion, and dismissal ). J. Sanctions - Non-punitive action or mandated training intended to modify or improve behavior and elicit compli ance with established policies and p rocedures. Sancti ons can be imposed at the discretion of a District/Division Commander. Sanctions include, but are not limited to, such actions as: loss of “take home car” privileges, loss of “off -duty work” privileges , loss of “trainer” or “instructor” status, loss of “m aster” designation, loss of assignment to “specialty duties,” transfers , anger management tra ining, dr iver improvement school, etc. K. Sustained - A finding or conclusion that an allegation is support ed by a preponderance of evidence. * L. Tenured Person nel - Classified personnel who have completed their initial probationary period and who subsequently have no break in service. M. Tolling of an Investigation - The running of the limitations period of a disci plinary investigation may b e tolled (suspended) due to any of the following: 1. An express written waiver of the limitation period by the law enforcement or detention deputy. 2. A pending criminal investigation involving the same subject matter or o ther allegation of miscondu ct. 3. A pending prosecut ion involving misconduct of the deputy. 4. The incapacitation or unavailability of the respondent. 5. A multi -jurisdic tional administrative investigation into the same subject matter, for so long as it is reasonably necessary to facilitate coordination among the investigating entities. 6. Certain emergencies and natural disasters where the Governor has declared a state of emergency affecting Hillsborough County. 7. During the time frame a complia nce review panel