Plain Text Law

Regulation .04 Uniform State Disciplinary Matrix.

Regulation .04 Uniform State Disciplinary Matrix.Copy Citation

A.
Violation Levels.
(1)
Level One. The first level of violation category indicates a first sustained occurrence of a police officer's misconduct.
(2)
Level Two. The second level of a violation category indicates a second sustained occurrence of a police officer's misconduct within the time periods specified in §D of this regulation and during which a sustained level one violation was committed.
(3)
Level Three. The third level of a police misconduct violation category indicates a third sustained occurrence of a police officer's misconduct within the time periods specified in §D of this regulation and during which a sustained level one and level two violation was committed.
B.
Disciplinary Ranges.
(1)
The range of disciplinary penalties within the Uniform State Disciplinary Matrix includes:
(a)
A formal written counseling;
(b)
A letter of reprimand;
(c)
Loss of leave;
(d)
Suspension and loss of pay;
(e)
Demotion; and
(f)
Termination.
(2)
A law enforcement agency shall determine the number of hours that constitutes a penalty day, based on a police officer's work schedule.
C.
Additional Corrective Measures.
(1)
In addition to the disciplinary penalties established within the Uniform State Disciplinary Matrix a law enforcement agency head, ACC or trial board following a determination to impose administrative charges, may:
(a)
Refer the police officer to:
(i)
Counseling;
(ii)
An employee assistance program;
(iii)
Remedial training; or
(iv)
Another police officer assistance program permitted by a law enforcement agency's policy;
(b)
Suspend or remove a police officer from a take-home car program; and
(c)
Suspend a police officer from secondary employment.
(2)
The options listed in §C(1) of this regulation may be independently imposed by police management in addition to any administrative charges imposed by an ACC or trial board.
D.
Violation Categories.
(1)
The Uniform State Disciplinary Matrix includes six designated violation categories that represent a progression in the severity of police misconduct violation.
(2)
Category A Violation.
(3)
Category B Violation.
(4)
Category C Violation
(5)
Category D Violation.
(a)
Categories and Descriptions Level Disciplinary Range
Mitigating Factors → Aggravating Factors
Category D: Conduct substantially contrary to the values of the law enforcement agency or that substantially interferes with its mission, operations, or professional image, or that involves a serious risk to officer or public safety, or intentionally violates law enforcement agency policy. One: 1st Violation 5 Days Loss of Leave or Loss of Pay to Up to 15 Days Loss of Pay
Two: 2nd Violation in 60 Months 10 Days Loss of Pay to Up to 20 Days Loss of Pay
Three: 3rd Violation in 60 Months GO TO CATEGORY E LEVEL 1
(b)
Demotion or reduction in rank may also be considered as a part of the disciplinary penalty for Category D Violation.
(6)
Category E Violation.
(a)
Categories and Descriptions Level Disciplinary Range
Mitigating Factors → Aggravating Factors
Category E: Conduct that involves misuse of authority, unethical behavior (not involving false reporting or false statements), or an act that could result in an adverse impact on an officer or public safety or to the professionalism of the law enforcement agency or a violation of any misdemeanor. One: 1st Violation 15 Days Loss of Pay to 25 Days Loss of Pay up to Termination
Two: 2nd Violation in 60 Months 15 Days Loss of Pay to 30 Days Loss of Pay up to Termination
Three: 3rd Violation in 60 Months GO TO CATEGORY F LEVEL 1
(b)
Demotion or reduction in rank may also be considered as a part of the disciplinary penalty for Category E Violation.
(7)
Category F Violation.
(8)
Special Circumstance Categories.
(a)
Categories and Descriptions Level Disciplinary Range
Mitigating Factors → Aggravating Factors
Driving Under The Influence

Category 1: Any off-duty driving under the influence of alcohol and/or drugs which would constitute a violation of law.		 One: 1st Violation 15 Days Loss of Pay to Termination*
Two: 2nd Violation 30 Days Loss of Pay to Termination*
Three: 3rd Violation Termination*
Category 2: Any on-duty or off-duty in a departmental vehicle driving under the influence of alcohol and/or drugs which would constitute a violation of law. One: 1st Violation Termination*
*Termination may be imposed as discipline unless prohibited by an Executive Order or superseding government policy.
(b)
Categories and Descriptions Level Disciplinary Range
Mitigating Factors → Aggravating Factors
Failure to Appear for Court and MVA Hearings

Category 1:
Intentional or purposeful failure to appear for any properly summoned court appearance which is the result of action taken as a law enforcement officer. This category also includes MVA hearings.		 One:
2 violations in 1 year		 Formal Written Counseling to Formal Written Counseling
Two:
2 additional violations in 2 years		 Formal Written Counseling to Up to 2 Days Loss of Leave or Loss of Pay
Note: The penalty cycle resets one calendar year from the date of the first violation.
(c)
Categories and Descriptions Level Disciplinary Range
Mitigating Factors → Aggravating Factors
Departmental Collisions

Category 1: Minor Damage* to Police Vehicle and/or Other Property or Vehicle*		 One:
1st Violation up to 12 months		 Formal Written Counseling to Letter of Reprimand
Two:
2nd Violation within 0—24 months		 Formal Written Counseling to Up to 2 Days Loss of Leave or Loss of Pay
Three**:
3 or more Violations within 0—36 months		 Letter of Reprimand to Up to 5 Days Loss of Leave or Loss of Pay
Category 2: Major Damage to Police Vehicle, Other Property, or Vehicle One:
1st Violation up to 12 months		 Formal Written Counseling to Up to 1 Day Loss of Leave or Loss of Pay
Two:
2nd Violation within 0—24 months		 Letter of Reprimand to Up to 3 Days Loss of Leave or Loss of Pay
Three**:
3 or more Violations within 0—36 months		 Letter of Reprimand to Up to 10 Days Loss of Leave or Loss of Pay
Category 3: Injury to Law Enforcement Personnel or Civilian; If gross negligence or reckless operation of a police vehicle is involved in any collision that results in serious injury or death the disciplinary range shall increase up to and including termination. One:
1st Violation up to 12 months		 Formal Written Counseling to Up to 2 Days Loss of Leave or Loss of Pay
Two:
2nd Violation within 0—24 months		 Letter of Reprimand to Up to 5 Days Loss of Leave or Loss of Pay
Three**:
3 or more Violations within 0—36 months		 Letter of Reprimand to Up to 14 Days Loss of Leave or Loss of Pay
* Law Enforcement Agencies may establish a dollar amount as a guideline for determining the level of severity (minor vs major).
** Driver retraining may be imposed at any level but shall impose for three or more at-fault departmental collisions.
(9)
Violations that Fall into More than One Violation Category.
(a)
Some acts of police misconduct may fall into more than one violation category depending on the category definition.
(b)
If an act of police misconduct falls into more than one violation category, an ACC, agency head, or trial board, as applicable, shall review the totality of circumstances related to the act and the violation category definition descriptions prior to choosing the category, level, and range.
(10)
Violations not found in the Uniform State Disciplinary Matrix shall be assigned to a violation category based on the circumstances of the police misconduct and the violation category definitions.