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HomeMy WebLinkAboutBPW-06-22-94-08CPDDisciplinaryRESOLUTION BW- ~ - ~ 1-~ ~- $ A Resolution of the Carmel Board of Public Works and Safety Adopting Accreditation Standards of Disciplinary Procedures for Sworn Police Officers of the City of Carmel, Indiana WHEREAS, the Carmel Police Department needs Accreditation Standards for efficient professional operation of the Department. NOW, THEREFORE, be it resolved by the Carmel Board of Public Works and Safety of the City of Carmel that the City of Carmel Police Department be authorized to: Operated under incorporated accreditation standards for "Disciplinary Procedures" adopted by the Board of Public Works and Safety, signed this date. All of which is resolved this ~-~ day of ,Ju~ , 1994, by the Board of Public Works and Safety of the City of Carmel. Board of Public Works and Safety for the CITY OF CARMEL, INDIANA. Ma , ,, I , y ~son Presiding Officer Steve Brown, Member / Rick McK' '~ Member NUMBER 26.1.3/.4/.5/.6/.9 SUBJECT DISCIPLINARY PROCEDURES #/PGS. 10 DATE OF APPROVAL DATE OF ISSUE EFFECTIVE DATE DISTRIBUTION Department AMENDS THIS ORDER CANCELS All Previous Orders I. PURPOSE: The purpose of this order is to establish Department procedures governing the administration of internal discipline. II. POLICY: The Department shall follow consistent and progressive disciplinary procedures as outlined herein. The purpose of discipline in all but the most serious cases should be to train or develop by instruction. Actions taken on any violation of policy or procedure beyond the authority of the Chief of Police, shall be referred to the Board of Public Works. III. PROCEDURE: A. The following components of the disciplinary system identify the methods to be applied to officer conduct in the interest of discipline. 1. Awards a. Letter of Appreciation is based upon work performance that is exceptional during the normal course of duties. b. Letter of Commendation is based upon exceptional work performance that is self initiated. The action or actions must be above and beyond the normal course of duties. c. Letter of Valor is based upon an exceptional act performed under great stress and at extreme personal risk which is clearly above and beyond the normal course of duties. (1) Any officer may recommend to the Staff that a member of the Department be considered for an award. (2) The recommendation must be in writing and submitted through the chain of command. (3) The recommendation must include: (a) The specific reasons or cause for the award and, (b) Supportive documentation which shows that the criteria for the award have been met. (4) Because a single element in and of itself is likely situational, it fails to provide a true picture of actual circumstances and therefore awards to officers must be prudently considered in light of related factors. (5) After Staff review of the documentation a recommendation shall be made to the Chief Police that may cause the award to be presented. 2. Training a. Training as a component of the Department's disciplinary system may be employed by itself or in conjunction with one or more of the other components of the disciplinary system. b. Procedures and criteria for using training as a function of discipline shall adhere to the guidelines established by the Support Division Commander including remedial training. 3. Counseling a. Counseling as a component of the Department's disciplinary system may be employed by itself or in conjunction with one or more of the other components of the disciplinary system. b. The following criteria must be met for counseling. (1) There must be reasonable belief that the officer has an existing problem or is experiencing difficulty understanding, adjusting to or internalizing matters that are: (a) Job or task related. (b) Policy or procedure related. (c) Difficulty with interpersonal relationships with co-workers. (d) Personal matters that are affecting the employees work performance. (2) Evidence must be presented to the Staff that indicates the employees problem is having a deteriorating effect on job performance. (3) There must be reason to believe that counseling may assist the employee in a supportive way or otherwise have a positive impact on work performance. c. The following are procedures to be followed for using counseling as a function of discipline. (1) The employee or any supervisor may initiate the counseling process based upon information provided in b, ( 1 ) through ( 3 ) above. (2) An initial counseling session should be conducted with the officers immediate supervisor. ('3) The immediate supervisor may not find a remedy and determines one of the following may be appropriate: (a) Group or shift counseling (b) Division Commander (c) Department chaplin (d) Outside professional counseling (staff approval required see b ( 2 ) above ) (4) The purpose and progress of the counseling experience shall be recorded and maintained by the counselor with copies to the Division Commander. 4. Punitive action a. Punitive actions constitute a component of the Department's disciplinary system. b. Procedures and criteria for punitive action shall conform to the provisions of IC36-8-3-4 and any subsequent act of the State of Indiana. 36-8-3-4 Disciplinary powers of safety boards in cities, towns and townships. - (a) This section also applies to all towns and townships that have full time, paid police or fire departments. For purpose of this section, the appropriate appointing authority of a town or township is considered the safety board of a town or township. In a town with a board of metro- politan police commissioners, that board is considered the safety board of the town for police department purposes. (b) Except as provided in subsection (m), a member of the police or fire department holds office or grade until the member is dismissed or demoted by the safety board. A member may be disciplined by demotion, dis- missal, reprimand, forfeiture, or suspension upon either: (1) Conviction in any court of any crime; or (2) A finding and decision of the safety board that the member has been or is guilty of any one (1) or more of the following: (A) Neglect of duty. (B) A violation of rules. (C) Neglect or disobedience of orders. (D) Incapacity. (E) Absence without leave. (F) Immoral conduct. (G) Conduct injurious to the public peace or welfare. (H) Conduct unbecoming an officer. (I) Another breach of discipline. The safety board may not consider the political af- filiation of the member in making a decision under this section. If a member is suspended under this subsection, the member is entitled to the member's allowances for insurance benefits to which the member was entitled before the suspension. In addition, the local unit may provide the member's allowances for any other fringe benefits to which the member was entitled before the suspension. (c) Before a member of a police or fire department may be suspended in excess of five (5) days, demoted, or dismissed, the safety board shall offer the member an opportunity for hearing, if demanded. Written notice shall be given either by service upon the member in person or by a copy left at the member's last and usual place of residence. The notice must state: (1) The time and place of the hearing; (2) The charges against the member; (3) The specific conduct that comprises the charges; (4) That the member is entitled to be re- presented by counsel; (5) That the member is entitled to call and cross-examine witnesses; (6) That the member is entitled to require the production of evidence; and (7) That the member is entitled to have sub- poenas issued, served, and executed in the county where the unit is located. If the corporation counsel or city attorney is a member of the safety board of a city, the counsel or attorney may not participate as a safety board member in a disciplinary hearing concerning a member of either department. The safety board shall determine if a member of the police or fire department who is suspended in excess of five (5) days shall continue to receive the member's salary during the suspension. (d) Upon an investigation into the conduct of a member of the police or fire department, or upon the trial of a charge preferred against a member of either department, the safety board may compel the attendance of witnesses, examine them under oath, and require the production of books, papers, and other evidence at a meeting of the board. For this pur- pose, the board may issue subpoenas and have them served and executed in any part of the county where the unit is located. If a witness refuses to testify or to produce books or papers in the witness's pos- session or under the witness's control IC 36-4-6-21 controls to the extent applicable. The proper court may compel compliance with the order by attachment, commitment, or other punishment. (e) The reasons for the suspension, demotion, or dismissal of a member of the police or fire de- partment shall be entered as specific findings of fact upon the records of the safety board. A member who is suspended for period exceeding five (5) days, demoted, or dismissed may appeal the decision to the circuit or superior court of the county in which the unit is located. However, a member may not appeal any other decision. (f) An appeal under subsection (e) must be taken by filing in court, within thirty (30) days after the date the decision is rendered, a verified complaint stating in concise manner the general nature of the charges against the member, the decision of the safety board, and a demand for the relief asserted by the member. A bond must also be filed that guarantees the appeal will be prosecuted to a final determination and that the plaintiff will pay all costs adjudged against the plaintiff. The bond must be approved as bonds for costs are approved in other cases. The unit must be named as the sole defen- dant, and the plaintiff shall have a summons issued as in other cases against the unit. Neither the safety board not the members of it may be made parties defendant to the complaint, but all are bound by service upon the unit and the judgment rendered by the court. (g) In an appeal under subsection (e), no pleading is required by the unit to the complaint, but the allegations are considered denied. The unit may file a motion to dismiss the appeal for failure to perfect it within the time and in the manner required by this section. If more than one (1) person was included in the same charges and in the same decision of dismissal by the safety board, then one (1) or more of the persons may join as plaintiffs in the same complaint, but only the persons that appeal from the decision are affected by it. The decision of the safety board is final and conclusive upon all persons not appealing. The decision appealed from is not stayed or affected pending the final determination of the appeal, but remains in effect unless modified or reversed by the final judgment of the court. (h) A decision of the safety board is con- sidered prima facie correct, and burden of proof is on the party appealing. All appeals shall be tried by the court. The appeal shall be heard de novo only upon any new issues related to the charges upon which the decision of the safety board was made. The charges are considered to be denied by the accused person. Within ten (10) days after the service of summons the safety board shall file in court a com- plete transcript of all papers, entries, and other parts of the record relating to the particular case. Inspection of these documents by the person affected, or by the person's agent, must be permitted by the safety board before the appeal is filed, if request- ed. Each party may produce evidence relevant to the issues that it desires, and the court shall review the record and decision of the safety board upon appeal. (i) The court shall make specific findings and state the conclusions of law upon which its decision is made. If the court finds that the de- cision of the safety board appealed from should in all things be affirmed, its judgement should state that, and judgment for costs shall be rendered against the party appealing. If the court finds that the decision of the safety board appealed from should not be affirmed in all things, then the court shall make a general finding, setting out sufficient facts to show the nature of the proceeding and the court's decision on it. The court shall either: (1) Reverse the decision of the safety board to be modified. (2) Order the decision of the safety board to be modified. (j) The final judgment of the court may be appealed by either party. Upon the final disposition of the appeal by the courts, the clerk shall certify and file a copy of the final judgment of the court to the safety board, which shall conform its decisions and records to the order and judgment of the court. If the decision is reversed or modified, then the safety board shall pay to the party entitled to it any salary or wages withheld from the party pending the appeal and to which the party is entitled under the judgment of the court. (k) Either party shall be allowed a change of venue from the court of a change of judge in the same manner as such changes are allowed in civil cases. The Indiana Rules of Trial Procedure govern in all matters of procedure upon the appeal that are not otherwise provided for by this section. (1) An appeal takes precedence over other pending litigation and shall be tried and determined by the court as soon as practical. (m) The executive may reduce in grade any member of the police or fire department who holds an upper level policy making position. The reduction in grade may be made without adhering to the require- ments of subsections (b) through (1). However, a member may not be reduced in grade to a rank below that which the member held before the member's ap- pointment to the upper level policy making position. [IC 36-8-3-4, as added by Acts 1981, P.L. 309, 52; 1981, P.L. 315, 2; P. L. 104-1983, 5; P.L. 58-1989, 3.] END OF QUOTED STATUE 4. Punitive action cont'd. c. Discharge and/or suspension (1) Probationary officers may be discharged by the Board of Public Works without the right to a hearing. Sworn officers are afforded ten (10) days notification prior to a hearing in front of the Board of Public Works. (2) Except as otherwise directed by the Chief of Police, an officer relieved from duty shall be required to surrender as ordered, any Department equipment. This shall include but not be limited to badge(s), Department identification, issued weapon(s) and Department vehicle. (3) In the event of dismissal the Officer shall surrender all property belonging to the Department and City to the respective Division Commander within ten (10) days. At the time the officer surrenders all property they will receive the following documentation: (a) A statement citing the reason for dismissal; (b) the effective date of the dismissal; (c) a statement of the status of fringe and retirement benefits after dismissal; and (d) a statement as to the content of the officer's employment record relating to the dismissal. (4) Suspensions by the Chief of Police for five days or less shall be reviewed by the Staff prior to actual suspension . An officer may request review of a suspension of five days or less to the Board within 48 hours after receiving notice of the suspension.(IC36-8-4.1) ( 5 ) Emergency suspensions ( with pay ) may be made by any supervisor for violations under 36-8-3-4. The respective Division Commander shall be notified immediately of any such suspension. (a) Proper documentation shall be prepared and forwarded to the Division Commander before the end of the current shift. (b) The officer suspended shall be ordered to report to the Division Commanders office at 0900 hours the morning following the suspension. The supervisor imposing the suspension shall be present. (c) The Division Commander shall notify the Chief of Police of the suspension. If further action is warranted, the Division Commander shall notify the officer on suspension to report to the Chief of Police. (6) Conduct of relieved or suspended officer. (a) An officer relieved or suspended from duty shall have no Department authority, nor shall they engage in any police or duty function. (b) An officer relieved or suspended from duty shall continue to be liable for any violations of Department policies or procedures except those which specifically apply to police functions while on duty. (c) An officer relieved or suspended from duty shall not be permitted to wear the uniform of the Department nor permitted to use or wear any Department clothing, equipment, or other related items. d. Reprimands (1) Oral reprimands (punitive counseling) for actions contrary to the policies and procedures of this Department may be made by an officer of superior rank or authority. All oral reprimands will be documented by the immediate supervisor. (2) Written reprimands may be given by any superior ranking officer. (a) Written reprimands may be used for any violations of policy or procedure, for repeated procedural errors, or any other violation of directives. (b) A written reprimand may also include recommendations for other discipline. (c) A written reprimand will be formally read and discussed with the officer. A copy will be provided to the officer. The original will be reviewed and approved by the Chief of Police. After review the reprimand will be placed in the officer's personnel file. (d) An officer receiving a written reprimand may within 48 hours of receipt request in writing that the Board review the reprimand and either uphold or reverse the Chief's decision. (IC36-8-3-4.1) Roger C. Conn, Chief of Police Date 10 (4) Suspensions by the Chief of Police for five days or less shall be reviewed by the Staff prior to actual suspension . An officer may request review of a suspension of five days or less to the Board within 48 hours after receiving notice of the suspension.(IC36-8-4.1) (5) Emergency suspensions (with pay) may be made by any supervisor for violations under 36-8-3-4. The respective Division Commander shall be notified immediately of any such suspension. (a) Proper documentation shall be prepared and forwarded to the Division Commander before the end of the current shift. (b) The officer suspended shall be ordered to report to the Division Commanders office at 0900 hours the morning following the suspension. The supervisor imposing the suspension shall be present. (c) The Division Commander shall notify the Chief of Police of the suspension. If further action is warranted, the Division Commander shall notify the officer on suspension to report to the Chief of Police. (6) Conduct of relieved or suspended officer. (a) An officer relieved or suspended from duty shall have no Department authority, nor shall they engage in any police or duty function. (b) An officer relieved or suspended from duty shall continue to be liable for any violations of Department policies or procedures except those which specifically apply to police functions while on duty. (c) An officer relieved or suspended from duty shall not be permitted to wear the uniform of the Department nor permitted to use or wear any Department clothing, equipment, or other related items. d. Reprimands (1) Oral reprimands (punitive counseling) for actions contrary to the policies and procedures of this Department may be made by an officer of superior rank or authority. All oral reprimands will be documented by the immediate supervisor. (2) Written reprimands may be given by any superior ranking officer. (a) Written reprimands may be used for any violations of policy or procedure, for repeated procedural errors, or any other violation of directires. (b) A written reprimand may also include recommendations for other discipline. (c) A written reprimand will be formally read and discussed with the officer. A copy will be provided to the officer. The original will be reviewed and approved by the Chief of Police. After review the reprimand will be placed in the officer's personnel file. (d) An officer receiving a written reprimand may within 48 hours of receipt request in writing that the Board review the reprimand and either uphold or reverse the Chief's decision. (IC36-8-3-4.1) Roger C_, Corm, Chief of Police Date 10