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Date: 10/02/09 Revision: 03/29/24 Reviewed: 03/29/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD O PERATING PROCEDURE Number: GEN 122.04 Page: 1 of 17 SUBJECT: NON -SWORN EMPLOYEE MISCONDUCT; COM PLAINT INVESTIGATIO N; SUSPENSION AND DISCIPLINARY PROCEDURES I. UPURPOSE U: The purpose of this standard operating procedure is to define uniform guide lines for the receipt, investigation, and disposition of complaints of civilian employee misconduct. II. USCOPE U: This procedure shall apply to all tenured ( classified) civilian, non-sworn , Sheriff’s Office personnel . III. UDISCUSSION U: Discipline is a state of training and mental attitude which fosters compliance with policies, regulations, and stand ards of pro per cond uct. Proper discipline stimulates harmony and efficiency, facilitates coordination of effort, promotes high morale, and encourages public acceptance and support. IV. UDEFINITIONS : A. Citizen Complaint Report - A comp uterized report entered vi a BlueTe am and maintained within the IAPro database containing i nformation and disposition regarding a citizen complaint. B. Complaint of Official Misconduct - An accusation or charge accusing a member of the Sheriff's Office of violating a p olicy, proc edure, r ule or regulation. This does not include a complainant's misunderstanding or disagreement with the application of law or Sheriff's Office policies or procedures. * C. Employee Performance Management System (EPMS) - A system of evaluati ng employee perform ance through 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 inci dent occurred but the individual's actions were lawful and proper . E. Exonerated Due to Policy Failure - A finding or conclusion that a present po licy, procedure, rule , or regulation covering the situation 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 resolve the failure. * F. Initial Probation - A period of 12 month s of probationary employm ent in a job classification upon hire or re -hire to the She riff’s Office. If a full 12 months is not completed in the initial job classification, a new period of initi al probation begin s 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. G. Non-Punitive Action - Action intended to modify or improve behavior and elicit compliance with esta blished policies and p rocedures (e.g., Letter of Counseling a nd Letter of Reprimand ). GEN 122.04 03/29/24 Page 2 of 17 * H. Non-Tenured Personnel - Classified personnel who have not completed their initial probationary pe riod. I. Punitive Disciplinary Action - Disciplinary action resulting in the loss of pay or be nefits (e.g., suspension, demotio n, and dismissal). J. Sanctions - Non-punitive action or mandated training intended to modify or improve behavior and elicit compliance with established policies and procedures. Sanctions can be imposed at the discretion of a District/ Division Commander. Sanctions include, but are not limited to, such action s as: loss of “take home car” privileges, loss of “trainer” or “instruc tor” status, loss of assignment to “specialty duties,” transfers, anger management training, dr iver improveme nt school, etc. K. Sustained - A finding or conclusion that an allegation is supported by a preponderance of evidence. * L. Tenured Personnel - Classified personnel who have completed their initial probationary period and who subsequent ly ha ve no break i n service. M. Unfo unded - A finding or conclusion that an allegation is demo nstrably false. N. Unsubstantiated - A finding or conclusion that suffi cient credible evidence was lacking to prove or disprove the allegation. V. UPROCEDURE U: A. Complaint Re ceipt and Documenta tion 1. It is the policy of the Sheriff’s Office to take receipt of, document, inquire or investigate, and resolve all concerns and complaints of civilian employee conduct received from any person , including anyone w ishing to remain a nonymous . 2. All mem bers of the Sheriff’s Office are responsible for receivin g and forwarding citizen concerns and complaints of misconduct to the accused employee’s supervisor for inquiry and/or investigation. 3. Concerns and complaints of employee conduc t may also be initia ted by an employee’s supervisor or other Sheriff’s Office personnel. Complaints initiated by other Sheriff’s Office personnel shall be forwarded to the accused employee’s supervisor. 4. Not all concerns of employee conduct require a f ormalized investigat ion. Some concerns can be addressed informally by the af fected civilian employee's supervisor. However, all