DEPARTMENT POLICIES AND OPERATING PROCEDURES
The MCSO maintains the highest standards for all employees and enforces these expectations across every aspect of their duties. The core qualities that the MCSO upholds and ensures all employees demonstrate are as follows:
While on duty, all employees are expected to consistently exhibit the qualities of integrity, self-discipline, respect, professionalism, accountability, and compassion. Failure to maintain a standard of professional conduct with integrity will result in administrative penalty up to and including termination.
Safety is the top priority when it comes to patrol duties, and all actions taken should prioritize the well-being of individuals and the community above all else. Non-compliance with Officer Safety practices will result in administrative internal action up to and including termination. Under certain circumstances, a violation of this policy can result in immediate dismissal with no warning.
All employees are expected to communicate in a manner that reflects positively on the MCSO. Foul or offensive language is prohibited during the performance of duties. Failure to adhere to this policy will result in administrative internal action up to and including termination.
The actions of MCSO employees should always reflect positively on the department, ensuring that their conduct upholds and strengthens its reputation at all times. Failure to reflect positively on the department will result in disciplinary action up to and including termination from the department.
All members of the MCSO shall demonstrate professionalism, courtesy, and discipline at all times. Any conduct that may bring the agency undue or unjust criticism and critique from either the public, or internally from other members, shall be deemed conduct unbecoming. Conduct that may be considered unbecoming will be subject to scrutiny, and subject to the interpretation by Supervisors and High Command based on the totality of circumstances. Each incident of consideration for Conduct Unbecoming will be observed unbiased on a case by case basis.
Examples of Conduct Unbecoming
Filing Fictitious Appeals when receiving discipline
Filing Fictitious Disciplinary Actions
Any Conduct that is knowingly, and intentionally disruptive or unlawful
Any Conduct that is subjectively unethical
Any Conduct that is subjectively immoral
Any Conduct that is subjectively unlawful
This policy, and all other administrative policies, and all other policies hereinafter, shall be applicable both on duty, off duty, and out of game, specifically to include the NC5PD Discord.
Supervisors and Command Staff are responsible for clearly communicating and demonstrating expectations both verbally and through their actions. They should exemplify the values and standards of the MCSO, serving as role models to guide and inspire their peers.
General policy will serve as the guide by which all personnel within the agency shall operate on a day to day basis. General policies will be identified by “GP” followed by the policy number, and if applicable, a sub-policy number for each subordinate policy. General policy will be the standard policy set which all personnel must adhere to at all times. This includes specialized divisions, and leadership personnel, regardless of rank, sub-division, etc.
REPEALED under AP-1.0, AP-1.2, AP-1.3. These can be reviewed above.
No member of the Mecklenburg County Sheriff's Office shall engage in any conduct that discriminates against another member of the agency, the public, or any other agency for any reason. Discrimination based on race, creed, sexual orientation, religion, or any other category protected by federal law is strictly prohibited. Violating this policy will result in termination.
No member of the Mecklenburg County Sheriff’s Office shall engage in conduct which could be construed, or misconstrued by the recipient as harassment. This does not include conduct which is required to perform essential duties, however, when there is no lawful purpose for the furtherance of contact or conduct, and, it continues against the will of another, it shall be considered a violation of this policy if clear notice has been given to the member to cease/desist, and they fail to do so.
No member of the Mecklenburg County Sheriff's Office shall engage in conduct considered to be sexual harassment in nature. Sexual conduct includes unwanted sexual advances, unwanted sexual comments, or any other sexually explicit subject which could offend another, or, cause another to issue a complaint. Failure to adhere to this policy by all members will result in termination.
Members of the Mecklenburg County Sheriff's Office are required to uphold themselves as outlined in AP-1.0, AP-1.2, AP-1.3 in a professional manner. In kind, MCSO personnel are expected to follow their chain of command appropriately. When issued a directive by a Supervisor, or member of Leadership/High Command, personnel are expected to adhere to the directive without delay, with respect that the directive is not otherwise unlawful, unethical or immoral in nature or instruction. Failure to comply with a directive that is not otherwise unlawful, unethical or immoral will result in penalty up to and including termination.
Acknowledging that in GP-1.4 a instruction or directive from a supervisor shall be complied with, assuming that instruction or directive to be lawful, ethical, and moral in its content. If, any Supervisor shall knowingly and willingly issue any directive which is not moral, not ethical, or not lawful, the member receiving the instruction shall, respectfully and immediately refuse to comply, and, notify the next available supervisor above the issuing supervisor. Failure to adhere to this policy shall result in penalties to both the issuing supervisor, and the acting member who failed to report the unethical/unlawful/immoral directive.
Members of the MCSO shall follow the chain of command, as outlined in this policy. Division members who additionally operate in specialized units shall refer to their divisional policy for further on the division's chain of command.
Sheriff
The Sheriff is the highest elected law enforcement official in any county. The Sheriff is also obligated by Statute and by Federal Law to exist within a county. NCGS §17E-1 employs the Office of the Sheriff to be responsible for the following things:
Criminal Justice
Courts
Civil Process
Jail/Detention Facility Provision
In addition to these things, the Sheriff is responsible for maintaining a well organized agency, and is responsible for all actions taken by the Deputies he or his/her designee appoints to the office of Deputy Sheriff. The Sheriff is responsible in addition, for the safety and provision of Law Enforcement to the citizens of Mecklenburg County.
Chief Deputy
The Chief Deputy is responsible for day to day administrative taskings within the Sheriff's Office. The Chief Deputy is the highest ranking “Deputy” of the agency, and is responsible for ensuring all functions are in appropriate order for the office to continue to run in a smooth, professional, and effective manner. The Chief Deputy is also responsible for ensuring administrative tasks are handled in accordance with policy, and is responsible to report actions and tasks handled to the Sheriff upon completion. They are one step below the Sheriff..
Major
The Major/(s) of the Sheriff's Office serve as administrative liaison to both the Captain Corps, and the Lieutenant Corps. The Major/(s) primary duties include administrative oversight, and delegation of other administrative tasks to subordinate command staff, and deputies alike. Major/(s) serve to assist with Departmental Operations in all aspects and subdivisions within the MCSO.
Captain
The Captain/(s) serve to assist with administrative oversight, and division operation control. Captains are responsible for ensuring the operations over whichever division they are assigned are handled, to alleviate strain on High Command, and to ensure they are effectively handling all other aspects of the job within each division.
Lieutenant
Lieutenants are the first command staff level supervisor. Lieutenants serve to assist both Captains with their tasks and goals, and to ensure the operational level tasks are being completed within the department, and divisions alike. Lieutenants are additionally tasked with ensuring the agency's subdivisions are operating appropriately, and are typically assigned direct supervision over sub-divisions.
Staff Sergeant
Staff Sergeants are the backbone of the Supervisor Corps. Supervisors look to those in this rank as guidance officers when they have exhausted their training,
and experience in a leadership capacity. Staff Sergeants are expected to exemplify the standard of professional conduct that all MCSO employees are held to. Staff Sergeants are responsible for assisting in the divisional supervision, and assist with oversight of patrol supervision.
Sergeant
Sergeants are responsible for Field Training, General Supervision on Patrol and in Divisions. Sergeants are required to maintain professionalism at all times and perform duties with courtesy, professionalism, and a higher level of knowledge than those subordinate to them. Sergeants are expected to be mentors.
Corporal
Corporals are required to perform FTO tasks, and assist with road level supervision, and inner divisional supervision as requested by Division leadership. Corporals are front line supervisors, and are expected to demonstrate professionalism, excellent knowledge, and a clear, concise understanding of both policy, law, and overall standards of conduct while exemplifying the standard for patrol and divisional personnel.
Deputy
Deputies are the backbone of the agency. Deputies serve at the pleasure of the Sheriff, and his or her designee. Deputies fulfill all necessary day in and day out duties to the best of their abilities. Deputies are responsible for conducting themselves in a professional manner, and appropriately resolving incidents with knowledge, tact, and professionalism.
Members of the MCSO will format their name in discord and in game as follows
Deputy
3C-## | Name | MCSO
Example: 3C-50 | F. Richards | MCSO
Low Command and High Command Staff
3A-## | Rank & Name | MCSO
Example: 3A-10 | Cap. N. Talley | MCSO
Supervisor Staff
3B-## | Rank & Name | MCSO
Example: 3B-30 | Sgt. J. Stevens | MCSO
Any member of the MCSO shall operate any and all such motor vehicles with due regard. While in the performance of office duties, a member shall drive with caution, and circumspection to the rights and safety of others. Failure to comply with this policy can result in penalty up to and including termination.
Any member of the MCSO shall be expected under color law, to operate a motor vehicle at times in an emergent capacity. Members are expected to make a reasonable decision as to the nature, and information known during call responses. Any supervisor, ranking Sergeant or above can authorize a unit to upgrade in a routine response based on distance to the call, or circumstances in the call changing. Likewise, any member can with reasonable updates in information, be duly authorized to upgrade their response to emergent capacity, in order to decrease response time when there is reasonable belief that the rights, safety, and well being of another is in imminent danger. Code responses shall be as follows
Code 1: Routine traffic, lawful motor vehicle operation
Code 2: Emergent Traffic, Lights & Sirens but not more than 25 miles above the posted limit
Code 3: Emergent Traffic, Lights & Sirens driving with due regard with no limitation otherwise.
NCGS authorizes law enforcement to pursue a fleeing subject, whether on foot or in a motor vehicle. MCSO employees are required to handle pursuits with extreme caution, and adequate consideration to the public interest of the pursuit, and the safety of other citizens of Mecklenburg County. MCSO Employees are expected to take consideration of the following facts while involved in a motor vehicle pursuit:
Initial Purpose of the stop/chase?
Weather conditions?
Traffic conditions?
Risks to the public if the chase continues
Risks to the suspect and officer if the chase continues
Driving behavior of the suspect
Members of the MCSO are authorized to terminate their own pursuit if the conditions of the pursuit become too dangerous for the rights of others, when the danger posed to the public outweighs the risk of allowing the suspect to escape. Supervisors can also make the determination to terminate a pursuit, if the factors considered are appropriate. Supervisors do not need to justify the decision to terminate a subordinate member's pursuit when the Supervisor is on duty, and actively monitoring the traffic regarding the pursuit.
With respect to the agency having jurisdiction, when a pursuit enters a specific jurisdiction, i.e. NCSHP or Mint Hill/Charlotte PD’s jurisdiction, it shall be the policy of this agency that all members will request that jurisdiction to assist with the pursuit.
MCSO Members may encounter circumstances in which termination of a pursuit cannot be justified due to the significant risk imposed upon the safety of other citizens, or law enforcement if a person is not apprehended without delay. At times, while in a vehicle pursuit, it may be necessary to utilize a vehicle intervention to end the pursuit. The primary unit in a vehicle pursuit should not utilize a TVI method pursuit intervention if…
They are alone
They are not trained at a basic level on methods of termination
They are incapable of continuing the chase if the attempt fails
MCSO members may utilize TVI’s in the following circumstances…
The pursuit is at a speed of less than 80MPH
Unless otherwise, deadly force is appropriate due to the totality of circumstances present
A PIT Timer has been initiated via communications or other LEO, a minimum 3 minute timer is required
NOTE: Sergeants and above can supersede the timer if sufficient cause is founded, and the initiating officer requests supervisor approval in lieu of a timer
The TVI has been broadcast via radio that the unit intending to perform the TVI, is about to execute the attempt
The TVI should be executed in a manner that would not further cause damage to uninvolved property, or injuries to other uninvolved parties
The TVI should be executed by vehicles equipped with a push/ram bar
The MCSO uniform is designed to reflect professionalism and should be maintained in a clean and neat condition at all times. Employees should ensure their uniforms represent the highest standards of character and integrity. The following are the uniform options available to employees of the MCSO (All numbers provided are for Player Appearance; the numbers for MP Ped may be one number higher or one number lower.):
Class A
Mask/Facial Hair: 122
Hands/Upper Body: 15
Legs/Pants: 35
Bags and Parachutes: 55
Shoes: Optional (black)
Neck and Scarfs: 213
Shirt/Accessory: 237
Body Armor/Accessory 2: 11
Badges and Logos: 1
Shirt Overlay/Jackets: 241
Hats and Helmets: 1
Class B
Mask/Facial Hair: 122
Hands/Upper Body: 12
Legs/Pants: 35
Bags and Parachutes: 55
Shoes: Optional (black)
Neck and Scarfs: 213
Shirt/Accessory: 237
Body Armor/Accessory 2: 11
Badges and Logos: 1
Shirt Overlay/Jackets: 231
Hats and Helmets: 1
Class C
Mask/Facial Hair: 122
Hands/Upper Body: 1
Legs/Pants: 96
Bags and Parachutes:1
Shoes: Optional (black)
Neck and Scarfs: 213
Shirt/Accessory: 237
Body Armor/Accessory 2: 90
Badges and Logos: 1
Shirt Overlay/Jackets: 4
Hats and Helmets: 1
Casual Patrol Wear
Jeans or khaki pants/Basic color shorts
T-Shirt that is labeled "Sheriff"
Vest that is labeled "Sheriff"(Optional)
Hat that is labeled "Sheriff" or cowboy/western hat
Shoes must be black or can be cowboy/western boots
Duty belt must always be worn
Authority of Office Policies are denoted by the prefix “AO”, and refer to the authorities granted by NCGS, and by the constitution. The Office of the Sheriff is a constitutional office, and therefore, requires special attention to the authorities granted by such office.
(a) Arrest by Officer Pursuant to a Warrant. – (1) Warrant in Possession of Officer. – An officer having a warrant for arrest in his possession may arrest the person named or described therein at any time and at any place within the officer's territorial jurisdiction. (2) Warrant Not in Possession of Officer. – An officer who has knowledge that a warrant for arrest has been issued and has not been executed, but who does not have the warrant in his possession, may arrest the person named therein at any time. The officer must inform the person arrested that the warrant has been issued and serve the warrant upon him as soon as possible. This subdivision applies even though the arrest process has been returned to the clerk under G.S. 15A‑301.
(b) Arrest by Officer Without a Warrant. – (1) Offense in Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense, or has violated a pretrial release order entered under G.S. 15A‑534 or G.S. 15A‑534.1(a)(2), in the officer's presence. (2) Offense Out of Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe: a. Has committed a felony; or b. Has committed a misdemeanor, and: 1. Will not be apprehended unless immediately arrested, or 2. May cause physical injury to himself or others, or damage to property unless immediately arrested; or c. Has committed a misdemeanor under G.S. 14‑72.1, 14‑134.3, 20‑138.1, or 20‑138.2; or d. Has committed a misdemeanor under G.S. 14‑33(a), 14‑33(c)(1), 14‑33(c)(2), or 14‑34 when the offense was committed by a person with whom the alleged victim has a personal relationship as defined in G.S. 50B‑1; or e. Has committed a misdemeanor under G.S. 50B‑4.1(a); or f. Has violated a pretrial release order entered under G.S. 15A‑534 or G.S. 15A‑534.1(a)(2).
As outlined by NCGS 15A-401(A) and NCGS 15A-401(B), the statutory authority a law enforcement officer has to effect the arrest of an individual is governed by the above cited statute. NCGS also provides the context of what constitutes a valid arrest in NCGS 15A-401(C) which reads as follows:
NCGS 15A-401
(c) How Arrest Made. – (1) An arrest is complete when: a. The person submits to the control of the arresting officer who has indicated his intention to arrest, or G.S. 15A-401 Page 2 b. The arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force. (2) Upon making an arrest, a law‑enforcement officer must: a. Identify himself as a law‑enforcement officer unless his identity is otherwise apparent, b. Inform the arrested person that he is under arrest, and c. As promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest, unless the cause appears to be evident.
As governed under NCGS, a peace officer employed with the Mecklenburg County Sheriff's Office shall have the full discretion and authority of arrest, granted by law, and by the US Constitution. No Peace Officer employed by the MCSO shall effect the arrest of a person with whom they do not have probable cause. Failure to adhere to this policy shall result in penalty up to and including termination and criminal prosecution.
No employee of the MCSO shall further allow, or cause to be allowed, the unlawful arrest of an individual whom they have reason to believe is otherwise not subject to arrest in the circumstances.
If at any time, a member has reason to believe that another member has effected the arrest unlawfully or lacking probable cause with malice, such member shall report it immediately to the highest ranking officer available in their chain of command.
If at any time, a member has reason to believe that another member has effected the arrest unlawfully or lacking probable cause without malice, but with regard that they made valid effort to intervene in such arrest to no avail, such member shall report it immediately to the highest ranking officer available in their chain of command.
In either situation, a member of the MCSO shall notify the chain of command, and shall make any reasonable effort to intervene in the arrest, without further endangering themselves, or the suspect in custody, or the public.
The MCSO has jurisdiction throughout Mecklenburg County, but it is important to recognize that certain areas fall under the primary jurisdiction of other agencies. For example, the City of Mint Hill is served by its own police department, which has primary jurisdiction within the city limits. As such, MCSO patrols should prioritize areas where resources are limited or unavailable, while respecting the boundaries of city limits and leaving those areas to the partnering agencies responsible for patrols within their jurisdictions.
The MCSO may respond to calls for service within city limits if their resources are limited, if requested by a local agency supervisor, or if an MCSO supervisor deems it necessary for patrols to be conducted in those areas. Once the assigned duties in these areas have been completed, MCSO personnel should promptly return to their designated patrol areas.
The MCSO has jurisdiction throughout Mecklenburg County, as shown in the map below. Some of the key patrol locations within the county include:
City of Mint Hill - Sandy Shores
Town of Grapeseed - Grapeseed
Town of Harmony - Harmony
Paleto Township - Paleto
City of Roxwood - Roxwood
City of Charlotte-Mecklenburg - Los Santos
The use of force policy set forth below is to be adhered to at all times. The use of force policies therein will be denoted with UOF-#. Violations of any policy within this section can be penalized with immediate termination, but, is still subject to the discretion of the Sheriff and his/her designee.
It is the policy of this agency to recognize the standard use of force continuum as defined below. Members of the MCSO are not obligated to adhere to the order, but rather adhere to the subject matter within.
Presence
Defined as the simple act of being present in person. The Peace Officer's presence is a show of force, as described by both case law, and outlined in existing standard practice, the simple act of arriving on a scene or initiating a traffic stop is sufficient to satisfy the level of “Presence”
Verbal Commands
Defined as the act of giving commands, these are not requests, but rather intended and targeted directives from a peace officer who is lawfully ordering the change of action, or submittal to the authority of that peace officer.
Soft Hands
This includes any soft [non-strike] take downs, or any kind of slap with open hands, or any kind of soft modification to a hard take down. I.E. quick take arm bar modified from a seated position, or done in a controlled follow through. This level of force should be used when dealing with otherwise noncompliant, but non-physical non-active resistant subjects.
Active Physical Resistance is defined as any action from a subject to physically resist, i.e. punching/pulling/pushing, or other striking, or, physically pulling away from an officer in the active execution of an arrest, detention, frisk or other lawful interaction with a subject whom the officer has reasonable suspicion or probable cause to effect arrest or, minimally detain.
Passive Resistance is defined as any non-physical action to defy authority, or, resist authority. This is simply refusal to cooperate, comply, or follow directives issued lawfully.
Hard Hands
This is any striking action conducted with hands, feet, or forcible takedown methods. This level of force should be used when a subject has escalated to active physical resistance, and, poses a threat to the safety of themselves or others, and, by their behavior or conduct, the peace officer has reason to believe the subject would pose a threat of safety to the public if not apprehended without delay
Blunt Instruments
This is any striking weapon such as a baton, flashlight, etc. This level of force is used typically at the same level of hard hands to gain control and compliance, and should be used sparingly.
Electronic Control Devices
This includes weapons like tasers, stun guns, stun batons, etc. This level of force should be used when a subject is actively physically resisting. This level of force is dependent upon many criteria and should not be used more than 3 times in succession with no break or delay in deployment.
Deadly Force
This level includes weapons such as handgun, rifle, shotgun, or any hard hand or blount instrument strike to a region likely to permanently disable or kill an individual. This level of force should only be used when appropriate as outlined in NCGS 15A-401 (D) (2), see below.
NCGS 15A-401(d)(2)
A law‑enforcement officer is justified in using deadly physical force upon another person for a purpose specified in subdivision (1) of this subsection only when it is or appears to be reasonably necessary thereby: a. To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; b. To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay; or c. To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony. Nothing in this subdivision constitutes justification for willful, malicious or criminally negligent conduct by any person which injures or endangers any person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force.
NCGS 15A-401(d1)
Duty to Intervene and Report Excessive Use of Force. – A law enforcement officer, while in the line of duty, who observes another law enforcement officer use force against another person that the observing officer reasonably believes exceeds the amount of force authorized by subsection (d) of this section and who possesses a reasonable opportunity to intervene, shall, if it is safe to do so, attempt to intervene to prevent the use of excessive force. Additionally, the observing officer shall, within a reasonable period of time not to exceed 72 hours thereafter, report what the officer reasonably believes to be an unauthorized use of force to a superior law enforcement officer within the agency of the observing officer, even if the observing officer did not have a reasonable opportunity to intervene. If the head of the law enforcement agency of the observing officer was involved or present during what the observing officer reasonably believes to be unauthorized use of force, the observing officer shall make the report to the highest ranking law enforcement officer of that officer's agency who was not involved in or present during the use of force.
Failure to comply with this policy will result in penalties for the observing deputies, as well as the member who utilizes excessive force.
Policies included in this chapter will be identified by FTO-#. Field Training Officers are required to adhere to the following policies, and trainees are expected to be held to the standards set forth in this section. Failure to maintain a trainee, or, failure to adhere to the policies set forth in this section may result in dismissal from the FTO program for a trainee, or dismissal from the FTO program for a Field Training Officer
The Field Training Program will function to train all new employees and will be modified to retroactively re-train to compliance all other members within the agency. There will be a Primary Field Training Officer and a Secondary Field Training Officer assigned to each trainee. The Field Training Coordinator will be responsible for assigning trainee’s their Primary and Secondary Field Training Officer. The Field Training Coordinator will additionally, have final say on the passing or failing of a trainee, and will make a recommendation to the High Command Team on the approval of a trainee being released and promoted to the rank of Deputy.
Phase I of training will consist of the following tasks
Education and training on the SOP’s of this department
Education and training on the Field Training PowerPoint
Education and training on common NCGS that are regularly applicable to members of this agency
Successful completion of the FTO Phase I consists of a demonstration of competency and certification by the Field Training Coordinator (FTC) of the material covered, and methods to find out information that is not known off hand by the trainee without assistance or input from the trainer. The Primary FTO is responsible for this phase. The Primary FTO shall complete a DOR for this phase, grading the trainee on a scale of 1-10, 1 being poor performance, 10 being perfect performance. The FTC shall evaluate the performance, knowledge and progress, and must certify the trainee to continue to Phase II.
Phase II of training will consist of the following tasks:
Practical application of techniques, skills and tasks which should be observed by the Trainer, and should include significant input, and assistance from the trainer.
Furtherance of training on the SOP, and NCGS
Demonstration of report writing, timesheet submission and other key elements of basic patrol operations
Successful completion of the FTO Phase II consists of a demonstration of competency and certification by the Field Training Coordinator (FTC) of the material covered, and methods to find out information that is not known off hand by the trainee without assistance or input from the trainer. The Primary FTO is responsible for this phase. The Primary FTO shall complete a DOR for this phase, grading the trainee on a scale of 1-10, 1 being poor performance, 10 being perfect performance. The FTC shall evaluate the performance, knowledge and progress, and must certify the trainee to continue to Phase III.
Phase III of training will consist of the following tasks
All tasks addressed in Phase I, and Phase II should be readdressed, and recovered to ensure that all information is clearly understood by the trainee.
The trainee will be required to perform all previous skills, with little to no assistance from the FTO.
Successful completion of the FTO Phase III consists of a demonstration of competency and certification by the Field Training Coordinator (FTC) of the material covered, and methods to find out information that is not known off hand by the trainee without assistance or input from the trainer. The Secondary FTO is responsible for this phase. The Secondary FTO shall complete a DOR for this phase, grading the trainee on a scale of 1-10, 1 being poor performance, 10 being perfect performance. The FTC shall evaluate the performance, knowledge and progress, and must certify the trainee to continue to Phase IV.
Phase IV of training will consist of the following tasks
The trainee will be required to perform unassisted all primary and secondary tasks they were previously trained on.
The trainee will not be found in violation of any policy during this phase
Successful completion of the FTO Phase IV consists of a demonstration of competency and certification by the Field Training Coordinator (FTC) of the material covered, and methods to find out information that is not known off hand by the trainee without assistance or input from the trainer. The Primary FTO is responsible for this phase. The Primary FTO shall complete a DOR for this phase, grading the trainee on a scale of 1-10, 1 being poor performance, 10 being perfect performance. The FTC shall evaluate the performance, knowledge and progress, and must certify the trainee to continue to Phase IV.
Disciplinary Action Policies will be denoted by DA-#. Disciplinary Action policies are at the discretion of high command, and in most contexts, will be reviewed and actionable on a case-by-case basis. The purpose of this policy is to ensure that each employee is treated fairly, however, also is to ensure that each employee is held to the same standards within the MCSO. High Command reserves the right to make exceptions, and, in certain cases, issue harsher penalties against employees dependent upon both the violation, and history of that employee within the MCSO.
Written Counselings/Warnings can be administered by Corporals and above based on minor violations of SOP. Written Warnings should be utilized when a trainee, or certified employee has violated departmental SOP, but, that violation is not otherwise a violation of someone's
Rights
Safety
Safety of other officers/themselves
and*, would not otherwise qualify as a form of conduct unbecoming. Written warnings are subject to the discretion of the issuing supervisor, and as such, can still be issued if the SOP violation was a minor breach of conduct that is otherwise unbecoming. Written warnings do not have to be reviewed by High Command, however, if* an employee or trainee chooses to appeal the issuance of a written warning, high command will* have final say of the outcome, and, if it is determined that the appeal was fictitious, fraudulent, or otherwise unwarranted, may issue a harsher penalty in compliance with the DA Policy.
Employee Disciplinary Action Form: For Corporals and above ONLY* CLICK ME
Disciplinary Infractions, also referred to as write ups can be administered by Sergeants and above. A write up should be issued when an employee has violated several policies, regardless of the nature in rapid succession, or, has violated
Rights
Safety
Safety of other officers/themselves
and*, any other policy violation that would constitute conduct unbecoming. Disciplinary Infractions are subject to the discretion of the issuing supervisor, and as such, can still be issued if the SOP violation was a minor breach of conduct that is otherwise unbecoming. Disciplinary Infractions must be reviewed by High Command, and, if* an employee or trainee chooses to appeal the issuance of a Disciplinary Infraction, and any penalty associated with it, high command will* have final say of the outcome, and, if it is determined that the appeal was fictitious, fraudulent, or otherwise unwarranted, may issue a harsher penalty in compliance with the DA Policy.
Strikes are a form of penalty associated with an accumulation of Disciplinary Infractions. As the direct result of the accumulation of Disciplinary Infractions, Strikes may be issued, but, Strikes may also be issued in lieu of minor infractions if the circumstances warrant it upon review by High Command, and subject to the level, nature, and scope of the policy violation in question. Strikes are permanent, unless*, promoted or some other extenuating circumstance arises, and may also be appealed. High command reserves the right to review, rescind, remove and re-impose any previously adjusted penalty issued by any supervisor.
Demotion is considered one of the most severe punishments available to the High Command staff, as such, demotion is reserved for egregious conduct unbecoming, or a large accumulation of unresolved or disposed disciplinary infractions or strikes. High Command reserves the right to demote any employee who is non-compliant with policy, non-compliant with activity requirements associated with their current position. High Command reserves the continued right to demote any employee based upon review and discussion of the High Command Team, regardless of other conditions aforementioned or stated.
Termination is the highest level of penalty that can be issued. Termination is only allowed if the High Command Staff, specifically The Sheriff, as an individual, the Undersheriff, as an individual, or the Chief Deputy, as an individual determines a violation or accumulation of violations warrants immediate termination. Upon completion of the process and disciplinary forms applicable, at a later time by policy a High Command Meeting of all members and a review of said termination must occur for the termination to be sustained and validated. This policy is subject to discretion of the Sheriff and his/her designee.
This policy serves to explain in detail the conditions available to be imposed at each rank and based upon each individual disciplinary action level. These conditions are subject to change, and subject to discretionary application by each rank, within the scope, and spirit of this policy. Disciplinary Conditions can only be imposed with the approval of Captain and above. Disciplinary Infractions that have Disciplinary Conditions must be reviewed by a High Command member but should not delay the imposition of the penalty. High Command upon review has the discretion to overturn the Disciplinary Conditions, and, if the action is deemed unwarranted, or excessive in nature, may issue or impose Disciplinary Action against the issuing supervisor.
Corrective Measures to include training/re-training
Topics may vary depending on the policy violation
NOTE: Violations that warrant conduct unbecoming, must be retrained or handled by a Lieutenant or above, any other violation type may be handled by a Corporal or above.
Suspension within the Agency
Should be reserved for severe violations of policy, or, violations of subdivision policy
Sergeant
Sub Divisional Suspensions up to 7 days without approval, but* must be reviewed by the Division Lieutenant or Division's Captain within 24 hours.
Lieutenant
Sub Divisional Suspensions up to 30 days without approval *if they are the sub division commander
Sub Divisional Suspensions up to 7 days without approval, if* they are not the commander of the subdivision, *must be reviewed within 24 hours by the Division Lieutenant or Division’s Captain
Agency Suspension up to 24 hours without approval, but* must be reviewed and validated by High Command at a later date/time.
Captain
Sub Divisional Suspensions up to 60 days with approval from the Sub Division Lieutenant
Agency Suspension up to 14 days without approval, but* must be reviewed and validated by High Command at a later date/time.
High Command
Has the right to impose any Disciplinary Condition they deem fit, including conditions not otherwise listed or mentioned in DA-7.0. Actions taken by High Command members without input or a meeting, must be reviewed within High Command at a later date.
Disciplinary Infractions are issued once approval is obtained by High Command from a subordinate issuance of the Disciplinary Infraction Report Document. Each member may receive up to 2 disciplinary infractions before they begin receiving strikes. Disciplinary Infractions serve to curb behavior, and mandate compliance with policies and directives. Disciplinary Infractions may be appealed, and are subject to review.
Strikes are issued once a member has received enough approved Disciplinary Infractions, and continues receiving infractions for policy or conduct violations. Each member may receive up to 3 Strikes before they are terminated. Strikes are permanent, unless won through appeal, or, removed by discretion of High Command upon review. High Command reserves the right to administer higher levels of infraction offenses, to include skipping to, or bypassing lower degrees of current disciplinary status, as reflected on the MCSO Roster.
Strike I: When a member receives their first STRIKE LEVEL offense status, they will be duly notified and are required to sign a review document acknowledging they were informed of the nature of the violation, and corrective actions associated with the violation.
Strike II: When a member receives their second-strike LEVEL offense status, they will be duly notified and are required to sign a review document acknowledging they were informed of the nature of the violation, and corrective actions associated with the violation. In addition, members who obtain a Strike Level II will be demoted a minimum of one rank grade and will not be eligible for promotion for up to 60 days, which shall be stated in their document.
A member of the MCSO has a right to appeal any Disciplinary Action issued against them, with the exception of termination. Appeals can be made no sooner than 24 hours after the punishment is received, but must be submitted within 7 days. Members who wish to appeal must submit a letter of intent, stating the facts of why they were disciplined, the action taken in regards to the discipline, and the violation alleged. The member should also include any information that proves, dispels, or alleviates to offer context to the violation, or, any information that can be used to assist them in their appeal regarding the discipline. Members who fail to submit a full letter of intent with sufficient facts to support their intent to appeal, will have their appeal denied at submission. Members who minimally meet the requirements of appeal, will be given times and dates to select for an appeal review with High Command, and the Supervisor who issued the discipline. Appeals decisions are final, and not subject to re-appeal. Any attempt to appeal an already decided upon matter by High Command, will result in further disciplinary action up to and including termination.
The following signatures are from the current MCSO High Command, indicating that this document has been reviewed and approved for official use by the department.
Sheriff | Jason Myers
Chief Deputy | Chris Edwards
Major | Bryan Kohl
Disclaimers:
This document is the property of the Mecklenburg County Sheriff’s Office and is stored on the NCSRP server. Unauthorized copying or use of this document for the benefit of other servers or departments is prohibited unless expressly approved by the MCSO high command team. This document was authored/approved by Sheriff Jason M