Successively severe punishment for repeated infractions is the common definition of ______________ __________________.
________________ must be reasonable under the circumstances.
True or False – When conducting an investigation of unacceptable behavior of an employee, “Conduct unbecoming” should always be cited.
Specific behavior should be cited; a catch all phrase / violation should not be utilized as the sole charge.
Is it the best practice to have the immediate supervisor conduct the investigation?
True or False - Just Cause prevents arbitrary discipline against public employees.
“Cause” creates a _____________ _____________ for the employee.
The US Constitution provides that government deprivation of a property right requires _____ ________.
In terms of misconduct that occurred during “Off-duty” activity, the department must show a ___________, or link, between the employees’ actions and their position in order to impose discipline.
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.
This is a protection under the 5th Amendment; self incrimination.
True or False – If a police officer has not been granted protection under Garrity, the agency cannot compel an officer to make statements that may lead to or be used in a criminal proceeding.
The key to Garrity is that the statement must be ____________.
An employee’s ____________ is determinative of their rights and the employer’s obligation during the disciplinary process. Basically the rules of the game.
Appointed, elected, tenured, etc. are all considered “Statuses”
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
True or False- The Statutory Bill of Rights impose restrictions on the employer in discipline interviews and investigations, which in essence gives the officer more rights.
The __________-____________ function of the Civil Service Commission investigates facts, holds hearing and draws conclusions as a basis for their official action and to exercise their discretion in a judicial manner.
The ____________ function of the Civil Service Commission classifies and grades positions, administers employment exams, certifies lists of available candidates for employment, fills open positions and provides a set process for hiring to avoid the appearance of unfairness in hiring.
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 ___________________.
Requiring “just cause” for discipline creates a property interest in the position thus requiring due process and that requirement prevents _________________ discipline against government employees.
___________________ due process is the notice and opportunity to be heard.
___________________ due process addresses whether or not the agency’s actions were arbitrary.
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 random drug testing the selection process of who is selected for testing must truly be ____________.
__________ _________ Testing is performed as a result of the employees conduct – based on other’s observations, 3d party accusations, workplace accidents, etc.
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.
True or False – The employee must exhaust administrative remedies before filing an appeal.
True or False – A Post-deprivation hearing requires a full evidentiary hearing, examining witnesses and presenting evidence.
The burden of proof for a police agency in a police discipline case, because it’s civil in nature is determined by the _______________ __ ____________.
Preponderance of evidence
_______________ searches do not require a warrant and are less than probable cause.
List three common defenses utilized by employees who receive discipline.
1. Charges not factually proven
2. Punishment does not fit the infraction
3. No thorough investigation
4. Inconsistent punishment
5. Inadequate supervision or training
6. Should have considered the officer’s state of mind
7. Discipline not progressive
8. No due process
9. No recognition of prior good conduct
10. Anti-union bias
11. Conduct not likely to occur againPolicy and rules not clear and understandable
In order to show the burden of proof, the Law Enforcement agency must establish what three things.
1. There was a rule violation
2. There is some link or nexus between the violation and the efficiency of the agency
3. The penalty imposed was reasonable.
In the pre-deprivation phase of the disciplinary process a Pre-Disciplinary or Loudermill hearing is held to advise the employee of their _________________ and gives them a chance to respond.
Due Process can be found in the 5th and 14th Amendments of the Constitution. The amendment that pertains to peace officers would be the ___ Amendment.
If an employee is not entitled to due process, they may have a liberty interest, which entitles them 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 or False – Procedural Due Process deals with technical requirements of notice of the charges and the opportunity to be heard.
True or False- An employee in an appointed position cannot be disciplined.
For both __-___ and ____________ employees, the legal rights afforded in disciplinary cases can be modified by statute, agency policy or labor agreement.
At-Will and Probationary
True or False- Political affiliation can be grounds for dismissal of public employees in mid and lower level positions.
False- Only those in upper level (administrative) positions can be dismissed based on political affiliation.