Common use of EMPLOYEE DISCIPLINARY PROCEDURES Clause in Contracts

EMPLOYEE DISCIPLINARY PROCEDURES. 5.1 The procedure for discipline and discharge shall be in accordance with the Policies and Procedures of the Department as issued by the Chief of Police, or designee, or as contained in this Agreement, or Florida Statute Chapter 112, et. Seq. 5.2 Complaints and Initial Notice of Inquiry (INOI) against employees will be accompanied by a sworn written statement indicating the allegations are true to the best of the complaining party's knowledge. However, it is agreed that no sworn written statement is required when the complaining or initiating party is a member of the judiciary, OPD, or from any governmental agency/officer or when, under law, the case must be forwarded to the Criminal Justice Standards and Training Commission (CJSTC). All oral testimony given in an interview conducted by the Internal Affairs Section investigators shall be sworn testimony. A. Employees shall be allowed five (5) business days, excluding contractual holidays, to review the completed INOI and provide a written response to the investigation prior to any initial recommendation from the employee's supervisor(s). Additional time for response, not to exceed five (5) additional business days, may be granted by the Department’s Labor Advisor. Employees who provide a written response are to comment only upon the facts or lack of facts contained in the investigation. A. If an employee wishes to have a meeting to discuss resolution of charges, they may request this in writing, using the appended form, at any time up to and during the five (5) day review period. The request to discuss resolution of charges shall include an agreement to toll the investigation to allow for the resolution of charges process. The investigation shall cease to be tolled upon the completion of the resolution of charges process or after ten (10) business days have elapsed from the date of the request, whichever comes first. The meeting will be attended by the employee, and if he requests, the employee shall be represented by a union representative and/or counsel, the internal affairs investigator assigned to the investigation concerning the employee, the Deputy Chief through whom the employee’s chain of command runs, and any other person deemed necessary by the Deputy Chief. The Deputy Chief may elect not to hear the resolution of charges and in that case, the discipline recommendation shall proceed through the employees’ chain of command. B. The purpose of the meeting will be to discuss potential discipline and to determine if a consensus can be reached on the appropriate discipline, if any. C. If the parties reach a consensus, that consensus will be reduced to writing by the Deputy Chief and forwarded to the Chief of Police for approval. If the Chief approves the agreement, the consensus reached shall be implemented and the investigation and grievance process considered complete. If the Chief does not approve the agreement, the matter will progress as if no meeting had been held. D. Nothing discussed at any meeting so held shall be binding upon any party until a final report is approved by the Chief and nothing discussed at the meeting shall be used against the employee if a consensus is not implemented. E. The Union will not be held to the discipline accepted in any case resolved in such a meeting in any future cases. The Union shall be notified in writing of the final resolution in all such cases handled in this manner. 5.4 No permanent Police Officer shall be disciplined or discharged without proper cause, nor in violation of Florida Statute Chapter 112, et. seq. Discharge of probationary police officers shall not be subject to the grievance/arbitration procedure. Probationary employees who are terminated shall have a right to have a Union representative present during the termination meeting and a termination meeting must be held in accordance with this article. The Union shall be notified at least one (1) business day prior to imposition of discipline when the recommended discipline is termination or prior to the termination of a probationary employee for non-disciplinary reasons. Prior to any such termination meeting, the officer shall be relieved of duty and departmental weapons will be obtained. Termination meetings shall be held prior to 1100 hours on a business day to allow for completion of the checkout process during the same day. Nothing in this article shall be construed as affording probationary employees a property interest in their employment. 5.5 The charge "standards of conduct" must contain the specific details of the charged conduct. No employee will be disciplined for damages to equipment or vehicles occurring during authorized training except for damage caused by careless, negligent or intentional conduct. 5.6 Whenever an employee is under an investigation and subject to interrogation by the Police Department for any reason that could lead to disciplinary action, demotion or dismissal, such investigation or interrogation shall be conducted in compliance with Florida Statute Chapter 112, et. seq. and under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee will be informed of the charges against him when notified of a pending investigation/interview and/or upon relief from duty, unless, in the Department's opinion, such information would compromise the investigation, and the employee shall be so informed. At the time of interview, the employee under investigation must be informed of the charges against him, the names of all known complaining parties, the name and rank of the officer in charge of the investigation, and all persons present during the interview/interrogation prior to giving a statement to the investigator. Officers waiting to be interviewed will not be required to wait in the same location as the civilian witnesses. The Union representative or counsel will be provided a location not being actively monitored to meet with the employee under investigation and review the complaint and statements made available. C. The employee under investigation will be allowed to read the INOI before the interrogation begins, must be informed of the person or persons in charge of the investigation, and who will be conducting the questioning; however, no more than one person shall ask questions at any time. Prior to the beginning of the interview, the officer who is the subject of the complaint and the officer’s representative may review the complaint and statements to the extent required by Florida Statute. D. The length of questioning periods must be reasonable, with rest periods being called periodically for personal necessities, meals, and telephone calls. All questioning will normally be conducted in the Orlando Police Headquarters Building. The formal interrogation/interview of an employee, or any issuance of orders in disciplinary matters shall be recorded, and there shall be no unrecorded questions or statements. The employee or the employee’s representative shall not be allowed to record these sessions. A copy of the recorded interview shall be provided to the employee and/or union upon request within 72 hours. E. The employee will not be threatened with transfer or any disciplinary action as a means of obtaining information. The employee cannot be subjected to abusive language or promise of reward as inducement for answering questions. F. If at any time during the course of an internal investigation, the employee under investigation is suspected of committing a criminal offense, for which charges may result, the employee shall be advised of the employee’s constitutional rights, prior to commencement of any interrogation concerning criminal charges. G. Upon request the employee shall have the right to be represented by counsel or any other representative of the employee’s choice, who shall be present during any interrogation and with whom the employee may be granted reasonable periods of private consultation. For the purpose of initial training, two (2) Union representatives will be permitted to be present during an interrogation. For the purpose of initial training two (2) Internal Affairs Investigators will be permitted to be present during an interrogation. However, only one (1) investigator will be permitted to ask questions during the interrogation. Where such counsel or representative is not immediately available, the interrogation shall not be postponed for more than seventy-two (72) hours, excluding contractual holidays, provided, however, those cases involving allegations of illegal drug or alcohol use shall not be subject to postponement. During the interview, counsel or representatives may not advise the employee on how to answer questions. The counsel or representative may discuss the incident or the interview with the employee during breaks. Moreover, at the end of the interview, the employee and the employee’s counsel or representative will be allowed to meet privately for a reasonable period. Thereafter, the employee will be allowed to make any final comments regarding the subject of the inquiry. Any such comments will be tape- recorded and if the comments raise additional questions in the mind of the investigator, the investigator may ask follow-up questions. Representatives may ask questions of the officer at the conclusion of the interview. Total time for this additional questioning shall not exceed fifteen (15) minutes. H. A Breathalyzer test may be administered to any employee who is reasonably suspected of being intoxicated while in an on-duty status. If a traffic related offense is committed in an on-duty status or involving the operation of a City owned vehicle, an employee may be ordered to submit to any test designed to determine intoxication or the presence of alcohol or controlled substance in the body. Furthermore, an employee may be subjected to a polygraph examination designed to determine truthfulness, but only with the employee’s consent. Since employees have the right to refuse to submit to a polygraph test, no reference will be made in any document/proceeding concerning the employees’ refusal. Polygraph information shall not be used for disciplinary purposes without corroborating evidence. Only relevant questions to the issue at hand will be asked. Reports of such tests and/or examinations will be made a part of the investigative files. I. During internal investigations or interrogations, questions must be limited to the circumstances surrounding the employee's alleged violation, and information relating directly to the violation at hand. In instances of alleged criminal acts and with respect to investigation of charges involving a series of alleged misconduct, such as harassment, questions may also be asked relating to other violations of the same category. Employees will be required to answer truthfully all case-related questions asked of them. J. In the interest of ensuring compliance with the provisions of Florida Statutes, sections 112.532 and 112.533, any employee under investigation, and his or her union representative, will use their best efforts to immediately notify the investigator of any observed violation of these statutes, so that the violation can be promptly remedied. Nonetheless, the City agrees and acknowledges that the Union can raise violations of §112.532, Fla. Stat. through the grievance and arbitration procedure outlined in the CBA. 5.7 The City may establish a Citizen's Police Review Board as provided for in Chapter 48 of the Code of the City of Orlando provided, however, no such Board shall have the authority to impose or modify disciplinary actions against employees. 5.8 Prior to the final resolution of the disciplinary matter (through Step 2 of the Grievance procedure), no public statements will be issued which are known to deliberately jeopardize an accused employee's right to a fair hearing and/or trial. 5.9 An employee under investigation for charges not covered in section 5.15 may be relieved of police powers by sworn managers, the Chief, Deputy Chief of Police, or the Internal Affairs Section Manager for investigation of alleged violation(s) and may be reassigned during the pendency of the investigation. If so relieved, the employee shall respond and be able to arrive at the police headquarters building within forty-five (45) minutes, during business hours (8 a.m. to 5 p.m.), Monday through Friday, excluding contractual holidays and previously approved leave time. The employee shall remain on full salary until recalled and/or disciplinary action is served. 5.10 The findings of Internal Affairs Investigations shall be labeled "sustained" (guilty as charged), or "not sustained" (not guilty), "unfounded" (without merit), or "exonerated" (act was legal or policy deficiency). No other terminology may be used. 5.11 Any "sustained" findings inserted in an employee's Personnel File shall be removed after one (1) year from the employee's Personnel File and placed in the Internal Affairs disciplinary file, which will be retained in accordance with Florida State Statutes or as otherwise legally provided by law. Unfounded, Exonerated, and Not Sustained investigations shall be removed from an employee’s files after one (1) year. Sustained investigations resulting in discipline of Oral Reprimand or Written Censure shall be removed from an employee’s files after three (3) years. Sustained investigations resulting in discipline of Suspension or Demotion shall be removed from an employee’s files after five (5) years. Sustained investigations, initiated on or after 10/01/19 resulting in discipline of a Suspension of less than 32 hours shall be removed from an employee’s files after five

EMPLOYEE DISCIPLINARY PROCEDURES. 5.1 The procedure for discipline and discharge shall be in accordance with the Policies and Procedures of the Department as issued by the Chief of Police, or designee, or as contained in this Agreement, or Florida Statute Chapter 112, et. Seq. 5.2 Complaints and Initial Notice of Inquiry (INOI) against employees will be accompanied by a sworn written statement indicating the allegations are true to the best of the complaining party's knowledge. However, it is agreed that no sworn written statement is required when the complaining or initiating party is a member of the judiciary, OPD, or from any governmental agency/officer or when, under law, the case must be forwarded to the Criminal Justice Standards and Training Commission (CJSTC). All oral testimony given in an interview conducted by the Internal Affairs Section investigators shall be sworn testimony. A. Employees shall be allowed five (5) business days, excluding contractual holidays, to review the completed INOI and provide a written response to the investigation prior to any initial recommendation from the employee's supervisor(s). Additional time for response, not to exceed five (5) additional business days, may be granted by the Department’s Labor Advisor. Employees who provide a written response are to comment only upon the facts or lack of facts contained in the investigation. 5.3 A. If an An employee wishes to have a meeting to discuss resolution of charges, they may request this in writing, using the appended form, at any time up to and during the five (5) day review period. The request , a meeting to discuss resolution of charges shall include an agreement to toll the investigation to allow for the resolution of the charges process. The investigation shall cease to be tolled upon the completion of the resolution of charges process or after ten (10) business days have elapsed from the date of the request, whichever comes firstfiled against that employee. The meeting will be attended by the employee, and if he requests, the employee shall be represented by a union representative and/or counsel, the internal affairs investigator assigned to the investigation concerning the employee, the Deputy Chief through whom the employee’s chain of command runs, and any other person deemed necessary by the Deputy Chief. The Deputy Chief may elect not to hear the resolution of charges and in that case, the discipline recommendation shall proceed through the employees’ chain of command. B. The purpose of the meeting will be to discuss potential discipline and to determine if a consensus can be reached on the appropriate discipline, if any. C. If the parties reach a consensus, that consensus will be reduced to writing by the Deputy Chief and forwarded to the Chief of Police for approval. If the Chief approves the agreement, the consensus reached shall be implemented and the investigation and grievance process considered complete. If the Chief does not approve the agreement, the matter will progress as if no meeting had been held. D. Nothing discussed at any meeting so held shall be binding upon any party until a final report is approved by the Chief and nothing discussed at the meeting shall be used against the employee if a consensus is not implemented. E. The Union will not be held to the discipline accepted in any case resolved in such a meeting in any future cases. The Union shall be notified in writing of the final resolution in all such cases handled in this manner. 5.4 No permanent Police Officer shall be disciplined or discharged without proper cause, nor in violation of Florida Statute Chapter 112, et. seq. Discharge of probationary police officers shall not be subject to the grievance/arbitration procedure. Probationary employees who are terminated shall have a right to have a Union representative present during the termination meeting and a termination meeting must be held in accordance with this article. The Union shall be notified at least one (1) business day prior to imposition of discipline when the recommended discipline is termination or prior to the termination of a probationary employee for non-disciplinary reasons. Prior to any such termination meeting, the officer shall be relieved of duty and departmental weapons will be obtained. Termination meetings shall be held prior to 1100 hours on a business day to allow for completion of the checkout process during the same day. Nothing in this article shall be construed as affording probationary employees a property interest in their employment. 5.5 The charge "standards of conduct" must contain the specific details of the charged conduct. No employee will be disciplined for damages to equipment or vehicles occurring during authorized training except for damage caused by careless, negligent or intentional conduct. 5.6 Whenever an employee is under an investigation and subject to interrogation by the Police Department for any reason that could lead to disciplinary action, demotion or dismissal, such investigation or interrogation shall be conducted in compliance with Florida Statute Chapter 112, et. seq. and under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee will be informed of the charges against him when notified of a pending investigation/interview and/or upon relief from duty, unless, in the Department's opinion, such information would compromise the investigation, and the employee shall be so informed. At the time of interview, the employee under investigation must be informed of the charges against him, the names of all known complaining parties, the name and rank of the officer in charge of the investigation, and all persons present during the interview/interrogation prior to giving a statement to the investigator. Officers waiting to be interviewed will not be required to wait in the same location as the civilian witnesses. The Union representative or counsel will be provided a location not being actively monitored to meet with the employee under investigation and review the complaint and statements made available. C. The employee under investigation will be allowed to read the INOI before the interrogation begins, must be informed of the person or persons in charge of the investigation, and who will be conducting the questioning; however, no more than one person shall ask questions at any time. Prior to the beginning of the interview, the officer who is the subject of the complaint and the officer’s representative may review the complaint and statements to the extent required by Florida Statute. D. The length of questioning periods must be reasonable, with rest periods being called periodically for personal necessities, meals, and telephone calls. All questioning will normally be conducted in the Orlando Police Headquarters Building. The formal interrogation/interview of an employee, or any issuance of orders in disciplinary matters shall be recorded, and there shall be no unrecorded questions or statements. The employee or the employee’s representative shall not be allowed to record these sessions. A copy of the recorded interview shall be provided to the employee and/or union upon request within 72 hours. E. The employee will not be threatened with transfer or any disciplinary action as a means of obtaining information. The employee cannot be subjected to abusive language or promise of reward as inducement for answering questions. F. If at any time during the course of an internal investigation, the employee under investigation is suspected of committing a criminal offense, for which charges may result, the employee shall be advised of the employee’s constitutional rights, prior to commencement of any interrogation concerning criminal charges. G. Upon request the employee shall have the right to be represented by counsel or any other representative of the employee’s choice, who shall be present during any interrogation and with whom the employee may be granted reasonable periods of private consultation. For the purpose of initial training, two (2) Union representatives will be permitted to be present during an interrogation. For the purpose of initial training two (2) Internal Affairs Investigators will be permitted to be present during an interrogation. However, only one (1) investigator will be permitted to ask questions during the interrogation. Where such counsel or representative is not immediately available, the interrogation shall not be postponed for more than seventy-two (72) hours, excluding contractual holidays, provided, however, those cases involving allegations of illegal drug or alcohol use shall not be subject to postponement. During the interview, counsel or representatives may not advise the employee on how to answer questions. The counsel or representative may discuss the incident or the interview with the employee during breaks. Moreover, at the end of the interview, the employee and the employee’s counsel or representative will be allowed to meet privately for a reasonable period. Thereafter, the employee will be allowed to make any final comments regarding the subject of the inquiry. Any such comments will be tape- recorded and if the comments raise additional questions in the mind of the investigator, the investigator may ask follow-up questions. Representatives may ask questions of the officer at the conclusion of the interview. Total time for this additional questioning shall not exceed fifteen (15) minutes. H. A Breathalyzer test may be administered to any employee who is reasonably suspected of being intoxicated while in an on-duty status. If a traffic related offense is committed in an on-duty status or involving the operation of a City owned vehicle, an employee may be ordered to submit to any test designed to determine intoxication or the presence of alcohol or controlled substance in the body. Furthermore, an employee may be subjected to a polygraph examination designed to determine truthfulness, but only with the employee’s consent. Since employees have the right to refuse to submit to a polygraph test, no reference will be made in any document/proceeding concerning the employees’ refusal. Polygraph information shall not be used for disciplinary purposes without corroborating evidence. Only relevant questions to the issue at hand will be asked. Reports of such tests and/or examinations will be made a part of the investigative files. I. During internal investigations or interrogations, questions must be limited to the circumstances surrounding the employee's alleged violation, and information relating directly to the violation at hand. In instances of alleged criminal acts and with respect to investigation of charges involving a series of alleged misconduct, such as harassment, questions may also be asked relating to other violations of the same category. Employees will be required to answer truthfully all case-related questions asked of them. J. In the interest of ensuring compliance with the provisions of Florida Statutes, sections 112.532 and 112.533, any employee under investigation, and his or her union representative, will use their best efforts to immediately notify the investigator of any observed violation of these statutes, so that the violation can be promptly remedied. Nonetheless, the City agrees and acknowledges that the Union can raise violations of §112.532, Fla. Stat. through the grievance and arbitration procedure outlined in the CBA. 5.7 The City may establish a Citizen's Police Review Board as provided for in Chapter 48 of the Code of the City of Orlando provided, however, no such Board shall have the authority to impose or modify disciplinary actions against employees. 5.8 Prior to the final resolution of the disciplinary matter (through Step 2 of the Grievance procedure), no public statements will be issued which are known to deliberately jeopardize an accused employee's right to a fair hearing and/or trial. 5.9 An employee under investigation for charges not covered in section 5.15 may be relieved of police powers by sworn managers, the Chief, Deputy Chief of Police, or the Internal Affairs Section Manager for investigation of alleged violation(s) and may be reassigned during the pendency of the investigation. If so relieved, the employee shall respond and be able to arrive at the police headquarters building within forty-five (45) minutes, during business hours (8 a.m. to 5 p.m.), Monday through Friday, excluding contractual holidays and previously approved leave time. The employee shall remain on full salary until recalled and/or disciplinary action is served. 5.10 The findings of Internal Affairs Investigations shall be labeled "sustained" (guilty as charged), or "not sustained" (not guilty), "unfounded" (without merit), or "exonerated" (act was legal or policy deficiency). No other terminology may be used. 5.11 Any "sustained" findings inserted in an employee's Personnel File shall be removed after one (1) year from the employee's Personnel File and placed in the Internal Affairs disciplinary file, which will be retained in accordance with Florida State Statutes or as otherwise legally provided by law. Unfounded, Exonerated, and Not Sustained investigations shall be removed from an employee’s files after one (1) year. Sustained investigations resulting in discipline of Oral Reprimand or Written Censure shall be removed from an employee’s files after three (3) years. Sustained investigations resulting in discipline of Suspension or Demotion shall be removed from an employee’s files after five (5) years. Sustained investigations, initiated on or after 10/01/19 resulting in discipline of a Suspension of less than 32 hours shall be removed from an employee’s files after five