3-75 /COMMAND DISCIPLINE

Question 1

2 TYPES OF DISCIPLINARY PROCEDURES:

Answer 1

1. informal and non judicial
2. formal and judicial

command discipline ENCOURAGES the resolution of disciplinary problems at UNIT LEVEL, treating them as non adversary, fact finding, internal administrative proceedings rather than formal adversary proceedings.

when COMMANDING OFFICER determines that command discipline will be effective, informal non judicial proceedings may be initiated and concluded at unit level and reports forwarded to BOROUGH COMMAND

Question 2

Command discipline..

Answer 2

• suspension of OT privileges
• detail
• loss of vacation
• forfeit up to 7 days pay

or

formal proceedings OATH–OFFICE OF ADMINISTRATIVE TRIALS AN HEARINGS:
10 DAYS PAY FOR EACH OFFENSE OR DISMISSAL FROM FORCE
- in order to avoid necessity of hearing, the parties may also agree to other penalties

Question 3

Member MUST accept COMMAND DISCIPLINE (in writing on complaint report ) before it can be imposed .

Answer 3

refusal of command discipline considered an election of formal charges and judicial proceedings

Question 4

Members accepting NON judicial proceedings:

Answer 4

NO merit deductions on promotional exam and NOT penalties published in DEPARTMENT ORDER
-informal charges expunged from members record in 1 year, as long as member did not incur any other discipline informal or formal

Question 5

Factors to be considered : INFORMAL proceeding:

Answer 5

• violation not connected to any larger context of delinquency
• member is not chronic offender in this or other areas
• based on member’s record/eval…performance of member may be improved as a result of discipline
• NO discredit upon department
• infraction does not merit penalty exceeding 7 days

Question 6

Appropriate instances for COMMAND DISCIPLINE

Answer 6

-lateness up to 30 minutes
-failure to noifty of lateness
-leaving assigned duty without authority
-failure to safeguard badges
-disrespect of officer/superior
improper uniform
failure to perform assigned duties/housewatch duties
-AWOL, NOT EXCEEDING ONE TOUR OF DUTY
-loss of, damage to, failure to safeguard department property
-any infraction when orders by BITS

Question 7

UNDER command discipline 7 POINT PENALTY IS MAX

Answer 7

Detail -max 3 months (6 points )..must be approved by Division commander and commanding officer of unit member will be detailed

LOSS OF PAY- MAX 7 DAYS
-lass option in command discipline (good for when member is chronic and has been punished for same offense with loss of OT/vacation )

-when loss of pay is proposed member may request interview with BOROUGH COMMANDER (must approve pay penalty )
when penalty is imposed, CO must forward (endorsed by BOROUGH COMMANDER )FS-211 to Director of Bureau Fiscal Services

Question 8

AWOL

Answer 8

-0900-0930 –LATENESS
AFTER 0930 AWOL
-judgment of OFFICER
PERIOD OF LATENESS /AWOL shall be without pay
-in every case of lateness and awol, officer must determine overtime incurred

Question 9

JUDICIAL PROCEEDINS

Answer 9

• MEMBER declines to accept command discipline
• reputation of department will suffer
• felony/misdemeanor
• absence from, or refusal to perform ordered duties while responding to , operating at , or returning from alarms
• -unfitness for duty by reason of use of intoxicants or drugs
• absence without leave for period exceeding one tour
• morals/moral turpitude
• ordered by BITS
• accused member has been subject of previous discipline and the members attitude or behavior indicate littler or no change