Policy Text
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D
ISCIPLINARY PROCESS
THE PURPOSE OF THIS GENERAL ORDER IS TO ESTABLISH A UNIFORM DISCIPLINARY PROCESS BY IDENTIFY ING
SPECIFIC PROCEDURES TO BE FOLLOWED AFTER COMPLETION OF AN INTERNAL AFFAIRS INVESTIGATION OR
DIVISIONAL INQUIRY . THIS ORDER IS INTENDED TO SUPPLEMENT GENERAL ORDER 3/01 ሺREV 1/99ሻ
“COMPLAINTS AND DISCIPLINARY POLICIES AND PROCEDURES .”
I. Investigative File Review
A. Following receipt of a completed investigation of misconduct or policy violation(s), the
commander of the division to which the subject employee(s) is/a re assigned shall
prepare, or so delegate, a document that answers the following questions:
1. Whether or not the action complained of, if true, would constit ute misconduct or
a violation of policies, procedures, or laws governing the acti on in question;
2. Whether or not the action complained of did in fact occur, as e stablished by a
preponderance of the evidence;
3. A brief factual basis for the finding(s) for each allegation;
4. What complaint disposition should be assigned to each allegatio n in the file
(sustained, not sustained, exonerated, unfounded, unfounded as frivolous, false
complaint, or complainant non-cooperative); or
5. If finding(s) is/are sustained, a recommendation of the appropr iate level of
discipline as set forth in the disciplinary recommendations.
B. In every case where discipline is recommended, the employee’s d ivision commander
shall make a written recommendation as to the level of discipli ne, specifying whether
the employee should be:
1. Reprimanded;
2. Suspended or temporarily reduced in pay grade;
3. Demoted; or
4. Terminated from employment.
NOTE: In the case of divisional inquiry investigations, the emp loyee’s immediate
2 3/03 ሺREV 7/99ሻ and/or intermediate supervisor may make written recommendations to
the division commander which provide input as to the above.
C. The division commander shall forward the package to the service area chief with
specific recommendations of disciplinary action and/or correcti ve action. Pertinent
information from the employee’s division file (i.e., evaluation s) must be included in
cases involving policy violations. All personnel receiving int ernal investigative files
shall comply with all file tracing procedures contained in the attached route sheet.
D. The chief deputy of the service area shall review the investiga tive package and make
independent findings regarding disciplinary and/or corrective a ction. The package shall
then be forwarded to the Undersheriff for review. In the event further investigation is
warranted, the package shall be returned to either Internal Aff airs or the division for
supplemental investigation.
E. If the disciplinary recommendation includes a written reprimand , a final copy of such
letter or reprimand shall be included in the investigative pack age forwarded to the chief
deputy. If approved by the chief deputy and the Undersheriff, the written reprimand
shall be returned to the division commander for his/her signatu r e a n d t h a t o f t h e
employee. The division commander shall ensure that a copy of t he letter of reprimand is
forwarded to the Administrative Division Commander for inclusio n in the employee’s
master file.
F. If the Undersheriff concurs with the disciplinary findings and recommendations in the
investigative package, and the recommendations include suspensi on without pay,
reduction in pay grade, demotion, termination of employment, or transfer for
disciplinary purposes, the investigative package shall be forw arded to the Legal Affairs
office for further action. All other corrective or disciplinar y action shall be forwarded to
the employee’s division for implementation.
G. The Legal Affairs office, upon receipt of a completed file whic h at a minimum
recommends a suspension without pay, shall prepare a “Proposed Notice of Disciplinary
Action” which reflects the recommendation of the service area c hief. This notice shall
include:
1. The proposed level of disciplinary action;
2. A factual statement of the charges supporting the discipline;
3. Reference to prior sustained disciplinary actions;
4. Reference to the Civil Service Rule(s), orders, policies, proce dures, statutes or
codes upon which the disciplinary recommendation is based;
5. Reference to the investigative file containing the documents up on which the
findings and disciplinary recommendation is based;
6. A statement of the employee’s right for an opportunity to be he ard at an
informal hearing before an administrative review process (Skell y Hearing);
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7. A statement that a request to be heard shall be made to the Leg al Affairs office
within 10 days of service of notice;
8. A statement providing the employ ee representation at the hearin g by any person
of his/her choice; and
9. Signature/date of the Undersheriff.
H. The Legal Affairs office, within five days after receiving a co mpleted file, shall forward
appropriate copies of the