Policy Text
DEFINITIONS:
CHAIN OF COMMAND - The unbroken line of authority from the Chief of Police down
through a single subordinate at each level of command.
DISCIPLINE - The positive force that prompts an employee to voluntarily obey rules,
regulations, policies and procedures that are deemed necessary to accomplish the
mission of the Department; the fear of penalties that restrain employees from the
commission or omission of acts that are determined detrimental and/or destructive to
the mission and image of the Department; and, use of restraints or enforcement of
penalties for the violation of Department rules, regulations, policies and procedures.
DISCIPLINE REPORT - A report completed annually that records all discipline issued to
Department employees.
DISPOSITION PANEL - The Disposition Panel will review Internal Affairs (IA) Unit
investigative files to determine the sufficiency of evidence supporting allegation(s)
against an employee and recommend a disposition to the Chief of Police, based on a
majority vote, by classification of each allegation.
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EMPLOYEE ASSISTANCE PROGRAM - The Employee Assistance Program (EAP) is a
City of Miami Beach Program that provides professional counseling and assistance to
employees.
[35.1.9h]
EXONERATED - The alleged conduct occurred but the action of the employee was
consistent with Department policy.
PART 1 OFFENSES - Murder, Rape, Robbery, Aggravated Assault, Burglary, Motor
Vehicle Theft, Larceny and Arson.
PART 2 OFFENSES - All other crimes that include but not limited to Other Assaults,
Fraud, Kidnapping, Bribery and Assault on Law Enforcement Officers.
PERSONNEL BOARD - The Personnel Board approves, disapproves and amends the
classification plan, Personnel Rules and qualifications to be met by applicants for a
classified position. The Board has the authority to ensure the provisions of the Civil
Service Act and Personnel Rules are carried out in a fair and proper manner. The
Board hears appeals on performance appraisals and cases of discipline. It investigates
and makes recommendations concerning various other Human Resources (HR)
matters.
PERSONNEL EARLY INTERVENTION SYSTEM REPORTS - Monthly Database
Reports and an annual documented evaluation of the Personnel Early Intervention
System (Database) prepared by the IA Commander documenting the findings of the
Personnel Early Intervention System. The Department’s Personnel Database serves
as, and is synonymous with, the Department’s Personnel Early Intervention System
[35.1.9e]
POLICY FAILURE - The action of the Department or employee is not governed by
existing Department policy or the existing Department policy did not provide sufficient
guidance to resolve the matter.
PREPONDERANCE OF EVIDENCE - The level of proof that is required to prevail. The
trier of fact must be persuaded that the facts are more probable one way than the other.
SERIOUS NATURE - Conduct classified by the Florida Department of Law Enforcement
as Part 1 or Part 2 offenses; excessive and/or unnecessary force; criminal or official
misconduct; violations of civil rights; death or serious injury of a Department employee
or a person in custody. In addition, any other complaint may be placed in this
classification upon the direction of the Chief of Police or designee.
SUBSTANTIATED - The allegation is true by a preponderance of the evidence, and the
alleged conduct of the individual employee is a violation of Department or City
Personnel Rules or other city policy, procedure, statute, law or ordinance.
UNFOUNDED - Either the allegation is demonstrated to be either false or there is no
credible evidence to support it.
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UNSUBSTANTIATED -There is insufficient proof to confirm or refute the allegation by a
preponderance of the evidence.
PROCEDURE: