Police Department Policy

go-20.pdf

Tallahassee Police Department

Policy Text
\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Corrective Action Procedures CHIEF OF POLICE Signature of File Proudly Policing Since Nationally Accredited 1841 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 20 07/15/1985 03/29/2022 9 AUTHORITY/RELATED REFERENCES COT Administrative Policies and Procedures 709, Discipline COT Administrative Policies and Procedures 710, Grievance Procedures COT/PBA Agreement, Article 5, Grievance Procedure COT/PBA Agreement, Article 21, Corrective Action ER-19, Grievance Procedures – General Employees ER-20, Grievance Procedures – Contractual Employees ER-26, Law Enforcement Credential Program FS 112.532, Law Enforcement Officers’ Rights ACCREDITATION REFERENCES CALEA Chapters 22, 26 CFA Chapters 6, 7 KEY WORD INDEX Application of Corrective Action Procedure II Corrective Action Issuance Protocols Procedure IV General Guidelines Procedure I Grievance Procedures Procedure VI Levels of Corrective Action Procedure III Pre-determination Hearings Procedure V POLICY The Department is responsible for establishing well-defined corrective action procedures and ensuring they are applied fairly to all members without bias or prejudice. Members involved in a corrective action process shall adhere to the established procedures of this written directive and applicable City of Tallahassee administrative policies.\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT DEFINITIONS Corrective Action: A process of communicating with a member the need to cease unacceptable behavior or improve job performance. Infraction: Violation of a written directive. Progressive Discipline: A system of administering gradually increasing corrective actions for each successive instance of member misconduct. Shall: Indicates the described action is mandatory. Should: Indicates the described action is not mandatory, but preferred. PROCEDURES I. GENERAL CORRECTIVE ACTION GUIDELINES A. Although corrective action is a proper response to a member committing an infraction, whenever appropriate, before taking any formal corrective action, the following should be offered to the member: 1. Supervisory guidance, 2. Remedial training, and/or 3. Counseling. B. Corrective action should be constructive rather than punitive. C. Corrective action should be used to motivate members to develop appropriate work habits and behaviors which contribute to successful Department operations. D. If appropriate, remedial training may be offered to the member before administering any formal corrective action. 1. Remedial training is designed to assist members in correcting and improving their performance. 2. Remedial training may be conducted during reasonable hours with a training officer or a supervisor. GENERAL ORDER 20 PAGE 2 of 9 CORRECTIVE ACTION PROCEDURES MARCH 29, 2022\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT 3. When necessary, members may be temporarily assigned to the Training Section for remedial training. 4. If for any reason a member fails to attend or complete the remedial training in a satisfactory manner, the member’s Bureau Commander shall be notified and appropriate action taken (e.g., progressive discipline). E. Any level of corrective action listed in section III below (except dismissal) may also be accompanied by any or all of the following actions: 1. Mandatory counseling, 2. Fitness for duty assessment, 3. Transfer to another job assignment, and 4. Remedial training. F. The Department retains the right to treat each corrective action situation on an individual basis without necessarily establishing a precedent. G. During a corrective action situation, the supervisors/commanders providing the corrective action are responsible for ensuring: 1. The situation is fully documented on appropriate Department forms, 2. Required timeframes are followed, and 3. The required forms are provided to Employee Resources (ER) for inclusion in the affected member’s personnel file. H. During a corrective action situation, the member receiving the corrective action is responsible for: 1. Adhering to any mandatory tasks (e.g., remedial training, counseling sessions), and 2. Asking questions of the supervisor/commander as needed to ensure an understanding of the process. II. CORRECTIVE ACTION – PROGRESSIVE DISCIPLINE A. When circumstances permit, progressive discipline will be practiced in response to an infraction by a member. GENERAL ORDER 20 PAGE 3 of 9 CORRECTIVE ACTION PROCEDURES MARCH 29, 2022\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT B. Critical factors to consider in determining the appropriate level of corrective action imposed upon a member are: 1. Type of infraction, 2. Severity of the infraction, 3. Time interval(s) between past and present infractions by the member, and 4. Prior corrective actions imposed for similar infractions, under similar circumstances. C. Other factors which may be considered in determining the appropriate level of corrective action imposed upon a member are the: 1. Overall work performance of the member, and 2. Willingness of the member to improve. D. Similar infractions may be more serious in one case than in another because of the member’s responsibilities (e.g., failure to be at an assigned workstation might be a more serious infraction for a police officer than for an administrative aide). E. Repetition of the same infraction, or the commission of a serious infraction, indicates more severe corrective action measures are necessary. F. When a member repeatedly commits infractions, progressive discipline should be administered even if the infractions are unrelated. G. Certain infractions are of such a serious nature that dismissal upon a first infraction is appropriate. III. LEVELS OF CORRECTIVE ACTION A. At all levels of corrective action, the supporting documents shall include: 1. A complete description of the infraction, 2. The specific times, dates, locations, and individuals involved, and 3. The written directive(s) violated. B. Oral Reprimand GENERAL ORDER 20 PAGE 4 of 9 CORRECTIVE ACTION PROCEDURES MARCH 29, 2022\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT 1. Oral reprimands are designed to allow the supervisor to bring to the member’s attention the need to improve job performance, work habits, and/or behavior and to serve as a warning against repetition of the unsatisfactory conduct. 2. The supervisor shall identify the area needing improvement and should inform the member how such improvement can be realistically achieved. 3. In situations where counseling and/or other informal corrective measures have not resulted in the expected improvement in job performance, a minimum of a formal oral reprimand shall be issued to the member. C. Written Reprimand 1. In situations where previous corrective actions have not resulted in the expected improvement in work performance, or when a member commits a more serious infraction, a written reprimand may be issued to the member. 2. The supervisor shall identify the area needing improvement and should inform the member how such improvement can be realistically achieved. D. Suspension 1. In the event infractions are continued or repeated, and the member has already received oral or written reprimands, or if the nature of the infraction is more serious than that justifying a reprimand, a member may be suspended for a specific period of time. 2. A suspension shall be without pay, and if for more than one day, shall be issued on a consecutive working day basis. 3. Suspended members shall not work on their normal day(s) off, use paid leave time, or make up time by working overtime in lieu of a payroll deduction for the period of suspension. 4. A member on suspension is prohibited from: a. Operating a COT vehicle, b. Taking law enforcement action, c. Engaging in secondary employment, and GENERAL ORDER 20 PAGE 5 of 9 CORRECTIVE ACTION PROCEDURES MARCH 29, 2022\n\n--- Page 6 ---\n\nTALLAHASSEE POLICE DEPARTMENT d. 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