Successively severe punishment for repeated infractions is the common definition of ______________ __________________.
Progressive discipline
________________ must be reasonable under the circumstances.
Discipline
True or False - The progression of discipline cannot be accelerated for serious infractions.
False
What is the standard at a disciplinary hearing?
Just Cause
Every wrong doing by the employee or some impairment to the employee/employer relationship
True or False – When conducting an investigation of unacceptable behavior of an employee, “Conduct unbecoming” should always be cited.
False
Specific behavior should be cited; a catch all phrase / violation should not be utilized.
True or False - Just cause prevents arbitrary discipline against public employees
True
In terms of misconduct that occurred during “Off-duty” activity, the department must show a ___________ between the employees’ actions and their position in order to impose discipline.
Nexus
True or False – With regard to Garrity v. New Jersey, it was ruled that information given to an employer by an employee in an administrative hearing cannot be used against the employee in criminal proceeding.
True
This is a protection under the 5th Amendment; self incrimination.
True or False – If a police officer has not been granted immunity under Garrity, the agency cannot compel an officer to make statements that may lead to or be used in a criminal proceeding.
True
True or False – If an officer invokes his/her rights under the 5th Amendment, the officer cannot be disciplined for failing to answer question in an administrative hearing unless the officer is granted immunity.
True
An employee’s ____________ is determinative of their rights and the employer’s obligation during the disciplinary process.
Status
Appointed, elected, tenured, etc. are all considered “Statuses”
_______________ __________________ are critical and must be outlined in the job description at the time of hiring.
Critical functions
True or False – can higher ranking officers be more severely punished than a lower ranking officer for the same offense / infraction.
True
The higher ranking officer has more responsibility and higher expectations.
The __________-____________ is a function of the Civil Service Commission that investigates facts, holds hearing and draws conclusions.
Quasi-judicial
A ____________ ________ ____________ is not an investigative body but functions similarly to a Civil Service Commission having both administrative and quasi-judicial functions and the decisions of the Board are appealable to the state trial court.
Sheriff’s Merit Board
With regard to appeals to decisions of a Civil Service Board or a Sheriff’s Merit Board, the decisions will be upheld unless the decision was ___________________.
Unreasonable
True or False – An at will employee can be changed to a tenured employee after completing probation if they are treated as such and given property rights, if their contract is renegotiated or if the status is granted by policy.
True
Requiring “just cause” for discipline creates a property interest in the position thus requiring due process and that requirement prevents _________________ discipline against government employees.
Arbitrary
Name two circumstances that require both a pre-deprivation hearing (Loudermill) and a post-deprivation hearing.
Termination
Unpaid suspension
Involuntary unpaid leaves
Demotions
Involuntary retirement for disability
___________________ due process is the notice and opportunity to be heard.
Procedural
___________________ due process addresses whether or not the agency’s actions were arbitrary
Substantive
Name three circumstances in which a person can be disciplined for what they say and cannot use protection under the 1st Amendment.
Inflammatory comments
Insubordination
Demoralizing comments
Violation of Right of Privacy
Participating in Pornography that attaches to the agency (uniform, etc)
When can an agency prohibit an officer from joining a group or organization?
When there is specific intent by the officer to carry out illegal activity
If an agency chooses to implement drug testing the selection process of who is selected for testing must be _____________________.
Random
In a constructive discharge case it is the responsibility of the _____________ to show that a reasonable person faced with same conditions would have ended their employment.
Employee
List three common defenses utilized by employees who receive discipline.
Charges not factually proven
Punishment does not fit the infraction
No thorough investigation
Inconsistent punishment
Inadequate supervision or training
Should have considered the officer’s state of mind
Discipline not progressive
No due process
No recognition of prior good conduct
Anti-union bias
Conduct not likely to occur againPolicy and rules not clear and understandable
True or False – The employee must exhaust administrative remedies before filing an appeal.
True
True or False – A Post-deprivation hearing requires a full evidentiary hearing.
True
The burden of proof for a police agency in a police discipline case, because it’s civil in nature is, _______________ __ _____________.
Preponderance of evidence
In the pre-deprivation phase of the disciplinary process a Loudermill hearing is held to advise the employee of their _________________ and gives them a chance to respond.
Discipline
If a comment is made that effects and employee’s privacy or defames them even though they are an at will employee, they are entitled to a ____________ _______________ _____________.
Name clearing hearing
True or False – Substantive Due Process deals with whether or not the agency’s actions were arbitrary (Fundamental Fairness).
True
True or False – Procedural Due Process deals with technical issues, i.e. Notice and the opportunity to be heard.
