Police Department Policy

63721648.pdf

Seminole County Sheriff

Policy Text
\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G - 35 GENERAL ORDER RESCINDS: SUBJECT: Discipline EFFECTIVE: November 14, 1994 REVISED: March 4, 2025 Table of Contents: I. Purpose II. Scope III. Authority to Impose Discipline IV. Role of Supervisors V. Progressive and Cumulative Discipline VI. Disciplinary Procedures VII. Disciplinary Review Board VIII. Procedural Process I. PURPOSE: A. Sheriff’s Office employees are members of a team working together to achieve one common goal: To enhance the quality of life by reducing crime and the fear of crime throughout Seminole County. Employees not following policies, procedures, rules or directives governing conduct not only penalize themselves, but do a disservice to the rest of the team and the citizens of Seminole County. B. It is Sheriff’s Office policy that discipline is constructive and corrective, rather than destructive and punitive, and the administration of discipline will be used as an element of an overall philosophy to educate employees and to promote appropriate conduct. Discipline corrects improper behavior to improve services, safeguard good working conditions, and maximize productivity through effective management. C. The Sheriff shall ensure the timely, equitable and fair disposition of disciplinary actions determined to be necessary in effectively addressing employee deficiencies and misconduct. D. Although consistency in administering discipline is necessary, numerous factors may be considered in determining the appropriate level of discipline. Factors to be considered may include: the nature and severity of the offense, the employee's length of service, time intervals between offenses, effectiveness of prior disciplinary actions, the employee's demonstrated willingness to improve, overall work performance, and job attitude. Under circumstances where an employee's conduct could reasonably have been foreseen to result in serious consequences, discipline may be increased to reflect the severity of the offense. II. SCOPE: Violation of Sheriff's Office directives, including misuse of FCIC/NCIC/CJI data/information systems, or any action considered detrimental or counterproductive to the effective and efficient operation of the agency, may result in disciplinary action including, warning, reprimand, assignment to remedial training, reduction in pay, demotion, GENERAL ORDER Discipline GO # 35 PAGE 1 OF 10\n\n--- Page 2 ---\n\nsuspension or termination. Given the circumstances surrounding an infraction, the Sheriff may deviate from the progressive and cumulative disciplinary process. III. AUTHORITY TO IMPOSE DISCIPLINE: A. The Sheriff has the authority to impose all disciplinary action, but may delegate responsibility for warnings or reprimands to first-line or mid-level supervisors. B. Supervisors have the responsibility to act without the benefit of higher authority to temporarily suspend a subordinate employee from immediate duty. Such suspensions may be invoked for violations of the law or violations of Sheriff's Office policy where an endangerment to the public is created by the employee's action (intoxication, mental instability, illness, etc.). IV. ROLE OF SUPERVISORS: The role of supervisors, especially first-line supervisors, is crucial in the disciplinary process. First-line supervisors have the best opportunity to observe the conduct and appearance of employees and detect those instances when disciplinary actions are warranted (remedial training, temporary suspension, counseling, or punishment). First-line supervisors also have the opportunity to understand the personality traits of personnel under their supervision and to determine the most effective methods of discipline. The authority attendant to supervisors relative to disciplinary actions is defined in this General Order according to the level of disciplinary action required. V. PROGRESSIVE AND CUMULATIVE DISCIPLINE: A. Progressive discipline means that the employee is subjected to progressively more severe discipline where the standards of conduct continue to be violated for the same offense. The standards for disciplinary actions specify the range of disciplinary action that may be taken for each offense and the progressive discipline which may be imposed for each succeeding offense. B. Cumulative discipline means that prior offenses for which an employee was disciplined may be used by the disciplinary authority in determining the severity of the action to be taken for the current offense even though the prior offense(s) may not be similar to the current offense. In such situations the disciplinary action taken shall be both progressive and cumulative. C. Normally, discipline will be progressive only. However, when an employee commits different offenses and has demonstrated they are unwilling or unable to correct behavior to the extent necessary to conform to reasonable conduct or work standards, progressive and cumulative discipline may be warranted. D. Definitions: 1. Counseling: Counseling is an informal method of discipline designed to bring to the attention of the employee an area which is of concern to their supervisor. Counseling should be used if the offense is minor and the supervisor feels that the employee's behavior can be readily corrected. Every effort should be made to discuss the employee's behavior with them within five working days after the action has occurred or after the supervisor has been made aware of the incident. Supervisors should document this incident in their personal files for future reference. 2. Warnings: Warnings should be used if counseling fails to correct previous behavior and if the offense is minor. Warnings should explain what the offense or problem is, why the offense is against the rules, prescribe or identify expected corrective action and when such action should be accomplished, and note the consequences of such continued behavior. Warnings should be made within five working days after the action has occurred, or after the employee's supervisor GENERAL ORDER Discipline GO # 35 PAGE 2 OF 10\n\n--- Page 3 ---\n\nhas been made aware of the incident. If a warning is administered, it will be documented by the supervisor on an Employee Warning Record Form. Employee Warning Records must be endorsed by at least one higher level of authority than that of the issuing supervisor. 3. Education-Based Discipline In appropriate circumstances, it may be suggested by the employee’s Chief or an employee may request education-based discipline be considered in lieu of a warning or reprimand. Only a Chief will approve any education-based discipline. Education-based discipline shall consist of an individualized plan intended to assist the employee in learning from their error without the harsh sanction of a permanent record being placed in their personnel file. Education-based discipline may be mandatorily imposed by the Sheriff or designee. If the employee’s Chief agrees to the employee’s request for education-based discipline, the Chief will prepare a Corrective Action Plan and present it to the employee. If the employee agrees to the plan, the Chief will ensure the employee completes the requirements and will indicate in writing that the requirements have been fulfilled. Records related to education-based discipline will be stored in Professional Standards and will not become part of the employee’s personnel file. 4. Reprimand: A reprimand is the second step in progressive discipline process and will be documented by the employee's supervisor on an Employee Warning Record Form. Reprimands are administered when less severe disciplinary action has been unsuccessful; corrective action has not been taken by the employee; or the infraction is serious enough to warrant this action. A reprimand should be made within five working days after the action has occurred or after the supervisor has been made aware of the incident. Employee Warning Records must be endorsed by at least one higher leve

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