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G.O. 32 LONGWOOD POLICE DEPARTMENT GENERAL ORDER NUMBER: GO - 32 SUBJECT: DISCIPLINE EFFECTIVE: JULY 30, 2002 REVISED: SEPTEMBER 1, 2023 GENERAL ORDER DISCIPLINE GO – 32 PAGE 1 OF 14 I. PURPOSE: A. Employees of the department are considered to be 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 Longwood. Employees who fail to follow necessary policies, procedures, rules or directives governing employee conduct not only penalize themselves, but do a disservice to the rest of the team and to the people of Longwood. B. It is the policy of the department that discipline be constructive and corrective rather than destructive and punitive, and the administration of discipline shall be used as an element of an overall philosophy to educate employees and to promote appropriate employee conduct. The purpose of discipline is to correct improper behavior, to improve services, safeguard optimum working conditions, and maximize productivity through efficient and effective management. C. The chief of police 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. GENERAL ORDER DISCIPLINE GO – 32 PAGE 2 OF 14 II. SCOPE: Violation of the department’s written directives, or any action considered detrimental or counterproductive to the effective and efficient operation of the department, may result in disciplinary action including: oral reprimand, written reprimand, assignment to remedial training, reduction in pay, demotion, suspension, or termination. Given the circumstances surrounding an infraction, the chief may deviate from the progressive and cumulative disciplinary process. III. AUTHORITY TO IMPOSE DISCIPLINE: A. The chief of police is vested with authority to impose all disciplinary action, but may delegate responsibility for oral or written reprimands to first-line 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 department policy where an endangerment to the public is created by the employee's action (intoxication, mental instability, illness, etc.). Any supervisory suspension will be with pay, and any such action will be brought to the immediate attention of higher authority. 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 the 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 the employee is subjected to progressively more severe discipline where the standards of conduct continue to be violated for the same or similar offenses. 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 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) GENERAL ORDER DISCIPLINE GO – 32 PAGE 3 OF 14 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. However, when an employee commits different offenses and has demonstrated they are unwilling or unable to correct the 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 the employee's behavior can be readily corrected. Every effort should be made to discuss the employee's behavior with them within five, (5), working days after the action has occurred or after the supervisor has been made aware of the incident. The supervisor should document this incident in their personal files for future reference. 2. Oral Reprimand: Oral reprimands should be used if counseling failed to correct previous behavior, and if the offense is minor. An oral reprimand 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 denote the consequences of such continued behavior. An oral reprimand should be made within five, (5), working days after the action has occurred or after the employee's supervisor has been made aware of the incident. If an oral reprimand is administered, it will be documented by the supervisor on an Employee Disciplinary Report. 3. Written Reprimand: A written reprimand is the second step in the progressive discipline process and will be documented by the employee's supervisor on an Employee Disciplinary Report. Written 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 written reprimand should be made within five, (5), working days after the action has occurred or after the supervisor has been made aware of the incident. GENERAL ORDER DISCIPLINE GO – 32 PAGE 4 OF 14 4. Suspension: Suspensions will be administered by the chief with the recommendation of the employee's supervisor or division supervisor. Suspension actions are initiated when less severe disciplinary actions have been unsuccessful; when corrective actions have not been taken by the employee; or the infraction is serious enough to warrant this action. Suspension actions may be taken after an administrative investigation has been conducted or if the chief feels there is sufficient justification to warrant such actions. 5. Demotion: Demotion action will be administered by the chief with the recommendation of the employee's supervisor or division supervisor. Demotion actions are initiated when less severe disciplinary actions have been unsuccessful; when corrective actions have not been taken by the employee; the infraction is serious enough to warrant this action; or the employee is unable or unwilling to perform the duties and responsibilities of the assigned position. Demotion actions may be taken after an administrative investigation has been conducted or if the chief feels there is sufficient justification to warrant such actions. Demotion actions may result in a reduction in rank, change of position, and/or reduction in pay. 6. Dismissal: Dismissal is determined to be the most severe disciplinary action and may only be administered by the chief. 7. Standards for Disciplinary Actions: The purpose of these standards for disciplinary actions is to assure reasonable consistency in the way employees are normally treated and to inform employees of the ranges of disciplinary actions that may be taken against them for certain offenses. These standards are not intended to include all offenses or circumstances. Other offenses may also be considered just cause for disciplinary action. a. Inattention to Duty: Continued and deliberate idleness during work periods which results in the employee's failure to perform assigned tasks. This includes, but is not limited to, deliberately wasting time, engaging in idle talk or gossip, conducting personal business GENERAL ORDER DISCIPLINE GO – 32 PAGE 5 OF 14 during work periods, excessive personal telephone calls, or sleeping on duty. First Occurrence: Oral reprimand. Second Occurrence: Written reprimand. Third Occurrence: Suspension of up to five days. Fourth Occurrence: Dismissal. b. Tardiness: The failure to follow established work schedules. Includes reporting late at the beginning of the work schedule, returning late from lunch or rest breaks, all without approval. First Occurrence: Oral reprimand. Second Occurrence: Written reprimand. Third Occurrence: Suspension of up to five days. Fourth Occurrence: Dismissal. c. Violation of Safety Practices: The failure to follow established safety practices. This includes the performance of unsafe acts, or failure to wear and/or use safety equipment. First Occurrence: Oral reprimand to five day suspension. Second Occurrence: Suspension from ten - thirty days, to dismissal. Third Occurrence: Dismissal. d. Absence Without Authorized Leave: This includes: (a) failure to obtain approval prior to any absence from work or assigned duty, except in the case of a proven emergency where the employee must be absent prior to receiving supervisory approval for the absence; (b) failure to GENERAL ORDER DISCIPLINE GO – 32 PAGE 6 OF 14 comply with established procedures for notifying supervisory personnel or calling in on the first day of the absence; or, (c) obtaining leave based upon misrepresentation or falsification. First Occurrence: Written reprimand to five day suspension. Second Occurrence of (a) Suspension from ten - thirty or (b), or First Occurrence days, to dismissal. of (c): Third Occurrence of (a) or (b), Dismissal. or Second Occurrence of (c): e. Improper and/or Careless Use of departments Property or Equipment: Includes failure to observe the established speed limit while driving a department vehicle or while on department property, or the accidental discharge of weapons. First Occurrence: Written reprimand to five day suspension. Second Occurrence: Suspension from ten - thirty days, to dismissal. Third Occurrence: Dismissal. f. Leaving Work Area or Duty Assignment Without Authorization: Absence from the work area or duty assignment during a work period without permission of the appropriate supervisor. Includes leaving a work area for a lunch or rest break, or at the end of the work schedule, without proper relief, where such relief or permission is a specific requirement. First Occurrence: Written reprimand to five day suspension. Second Occurrence: Suspension from ten - thirty days, to dismissal. Third Occurrence: Dismissal. GENERAL ORDER DISCIPLINE GO – 32 PAGE 7 OF 14 g. Conduct Unbecoming an Employee: Conduct, whether on or off the job, that adversely affects the employee's ability to continue to perform his current job, or which adversely affects the ability of the department to carry out its assigned mission. This would include, but is not limited to, disruptive or mischievous behavior; speaking loudly, rudely, or using coarse, profane or insolent language to co-workers, supervisors, or the public. First Occurrence: Written reprimand to dismissal. Second Occurrence: Suspension from ten - thirty days, to dismissal. Third Occurrence: Dismissal. h. Indictment, Conviction, or a Preponderance of Evidence Involving Criminal Activity: The indictment, conviction, or a preponderance of evidence involving a criminal offense of an employee for a misdemeanor crime where such action adversely affects the employee's ability to perform his job, or which adversely affects the ability of the department to carry out its assigned mission. First Occurrence: Written reprimand to dismissal. Second Occurrence: Suspension from ten - thirty days, to dismissal. Third Occurrence: Dismissal. Any Felony conviction will result in termination. i. Failure to Maintain Established Security Procedures: The failure to use ordinary or reasonable care or the omission of or inattention to, the established security procedures for any department facility, property, documents, confiscated contraband, or evidence. First Occurrence: Written reprimand to dismissal. GENERAL ORDER DISCIPLINE GO – 32 PAGE 8 OF 14 Second Occurrence: Suspension from ten - thirty days, to dismissal. Third Occurrence: Dismissal. j. Misuse of Position: Misuse of position or abuse of the power or authority of a position for personal reasons or for the financial gain of the employee or another person. First Occurrence: Written reprimand to dismissal. Second Occurrence: Suspension from ten - thirty days, to dismissal. Third Occurrence: Dismissal. k. Negligence/Carelessness: The failure to use ordinary or reasonable care in, or the omission of or inattention to, the performance of assigned duties and responsibilities. Negligence and carelessness are synonymous and signify lack of care, caution, attention, diligence or discretion. First Occurrence: Written reprimand to dismissal. Second Occurrence: Suspension from ten - thirty days, to dismissal. Third Occurrence: Dismissal. l. Unauthorized Use of Department Property, Equipment or Personnel: The use of any department property, credit cards, equipment, or personnel for any purpose other than official department business. This would also include the unauthorized disclosure of privileged information. First Occurrence: Written reprimand to dismissal. Second Occurrence: Suspension from ten - thirty days, to dismissal. GENERAL ORDER DISCIPLINE GO – 32 PAGE 9 OF 14 Third Occurrence: Dismissal. m. Violation of Written Directives: A violation of any authorized written directive that has been made known to the employee. First Occurrence: Oral reprimand to dismissal. Second Occurrence: Written reprimand to dismissal. Third Occurrence: Suspension from five days to dismissal. n. Insubordination: A deliberate refusal to obey a direct order given by a supervisor. This includes both an expressed refusal to obey a proper order as well as a deliberate failure to carry out an order and the failure to comply with written or oral instructions from supervisory personnel. Insubordination also includes the hindrance of the effective and efficient operation of the department, its employees, policies, and programs. First Occurrence: Written reprimand to dismissal. Second Occurrence: Dismissal. o. Falsification of Records, Making False Statements, Giving False Testimony: Includes an intentional act of misrepresentation, falsification or omission of any fact, whether verbal or written, on such records as, but not limited to, time and attendance (leave); employment status; employment application; travel vouchers, and work/production reports. Also includes giving false testimony during official or unofficial proceedings. First Occurrence: Suspension from three - thirty days to dismissal. Second Occurrence: Dismissal. GENERAL ORDER DISCIPLINE GO – 32 PAGE 10 OF 14 p. Failure to Cooperate in any Work Related Investigation: Refusing to cooperate in any work-related investigation. First Occurrence: Suspension from three - thirty days to dismissal. Second Occurrence: Dismissal. q. Drinking Alcoholic Beverages on the Job or Reporting to Work Under the Influence of Alcohol: Drinking alcoholic beverages (except as authorized in performing specifically assigned duties) on the job, reporting to work under the influence of alcoholic beverages shall result in the administration of discipline in accordance with the guidelines identified below. However, if public confidence or working conditions are obviously and adversely affected by the employee's behavior, they may be immediately removed from the job pending an administrative investigation. First Occurrence: Suspension from five - thirty days, to dismissal. Second Occurrence: Dismissal. r. Sexual Harassment: Sexual harassment is any form of unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: (a) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. First Occurrence of (a) or (b): Dismissal. First Occurrence of (c): Suspension from three - thirty days to dismissal. Second Occurrence of (c): Dismissal. GENERAL ORDER DISCIPLINE GO – 32 PAGE 11 OF 14 s. Unexcused Absence From Scheduled Training or Subpoenaed Court Hearing: Failing to properly notify (in accordance with the General Order "Training") the Training and Career Development Division when unable to attend a scheduled internal or external training program, ignoring an order to attend a training program, or refusal to participate while in attendance at a training program. Failing to attend court when properly noticed regarding the date, time and location of the session. First Occurrence: Written reprimand, which may also include the repayment of incurred fees or related expenses. Second Occurrence: Suspension from one to three days, and the (within one year of the repayment of incurred fees or related first occurrence) expenses. Third Occurrence: Suspension from three to thirty days and the (within one year of the repayment of incurred fees or related first occurrence) expenses, to dismissal. VI. DISCIPLINARY PROCEDURES: A supervisor is given the latitude to administer counseling and oral and written reprimands. Supervisors are allowed to make recommendations for further disciplinary action. The following procedures shall be followed in administering discipline to an employee of the department: A. The supervisor shall insure the subordinate is aware of any applicable written directives. B. Counseling should consist of one-on-one contact between the supervisor and the employee. A counseling session should be held at a time and place to ensure privacy, and should occur no later than five, (5), working days after an offense has occurred or after the supervisor is made aware of the offense. The supervisor should openly discuss the situation with the employee and explain how their GENERAL ORDER DISCIPLINE GO – 32 PAGE 12 OF 14 behavior has affected job performance. Supervisors should retain personal notes of the counseling session, including reactions from the employee. C. Oral reprimands shall be documented by a supervisor on the Employee Disciplinary Report and forwarded to the appropriate division supervisor. A copy of the form and any supporting documentation shall be submitted to the professional standards section for inclusion in the employee discipline file. D. Written reprimands shall be documented by a supervisor on the Employee Disciplinary Report and forwarded to the appropriate division supervisor. A copy of the form will be given to the employee by the issuing supervisor. A copy of the form and any supporting documentation shall be submitted to the professional standards section for inclusion in the employee discipline file. The written reprimand shall document the infraction and advise the employee further offenses will result in progressively severe discipline. E. Remedial Training: 1. Remedial training will be provided to employees whose job performance has been determined less than acceptable. Remedial training will be provided under the following circumstances: a. When an employee requests remedial training in specific areas in which they perceive a problem in their performance; b. When requested by an employee's supervisor as a result of routine work observation or a performance evaluation which identifies a deficiency; c. When an employee fails to successfully complete a training program; or, d. When ordered by the chief of police. 2. All requests for remedial training will be forwarded in writing to the training officer through the employee's chain of command. 3. Upon receipt of a request, the training officer will review all pertinent information and recommend a remedial training strategy to the employee or to the employee's division supervisor. Remedial training strategies may include: a. Referring the employee to a specific training course offered by a local Criminal Justice Standards and Training Commission training academy, community college, or other training source; GENERAL ORDER DISCIPLINE GO – 32 PAGE 13 OF 14 b. Referring the employee to a specific training course offered by the department; c. Referring the employee to individualized remedial training as may be provided by an appropriate supervisor or field training officer. 4. If an employee fails to successfully complete required remedial training, the training officer will notify the employee's supervisor, in writing. The employee's division supervisor may: a. Direct that additional remedial training be administered; b. Recommend to the chief that disciplinary action be taken; or, c. Recommend to the chief the employee be reassigned or reclassified to a position that does not require use of the skills or knowledge in which the deficiency occurs. F. Reductions in pay, demotions, suspensions or dismissals shall be administered by the chief upon observing or confirming deficiencies in performance or violations of written directives. Notification of such actions will be made a part of the employee's personnel file. G. Records of disciplinary actions shall be documented in the employee's personnel file according to the guidelines recommended by the Florida State Bureau of Archives and Records Management. VII. COMPLIANCE WITH ESTABLISHED DISCIPLINARY PROCEDURES: Not withstanding any provisions of this policy, any employee found to be in violation of a set standard of conduct will be disciplined as outlined in the applicable Collective Bargaining Unit Contract for employees represented by a union or for non-union employees, the provisions of the City Personnel Policies and Procedures Manual. VIII. PROCEDURAL PROCESS: A. All terminated employees shall be provided written notice of the following at the time of their termination: 1. The reason for the dismissal and the date it becomes effective; 2. The status of any fringe and retirement benefits after dismissal; GENERAL ORDER DISCIPLINE GO – 32 PAGE 14 OF 14 3. The content of the employee's employment record relating to the dismissal (record of disciplinary action); and, 4. A statement outlining the employee's rights to appeal. B. Appeal Procedures: 1. After the final determination by the chief has been made, an employee who has been disciplined may file an appeal pursuant to GO 27 section X or a grievance pursuant to GO 1 section XIX.