9(f) - Performance Disciplinary

DEFINITIONS

`Administrative Powers` are any powers, permissions or responsibilities granted to an officer which allow them to perform administrative, managerial, investigative, or other functions beyond those ordinarily associated with their position as a regular officer.

`Presiding Member` is any member of the PLPD who is authorised to initiate the process or issue a Performance Disciplinary. This includes officers exercising disciplinary authority by virtue of their rank, appointment, command position, or specific authorisation.

`Assumed Duties` are responsibilities which an officer of the PLPD undertakes, accepts, or reasonably represents themselves as being responsible for, despite those responsibilities being assigned to them. This includes duties assigned to the officer from voluntarily taking responsibility for a task; a function; or administrative responsibilities within their role.

`Assigned Duties` are responsibilities which an officer of the PLPD is assigned to.

`Core Principles` are the fundamental standards, values, and expectations inherent to a division or role. They represent what an officer is reasonably expected to understand, uphold, and apply by virtue of their position within that division, regardless of whether such principles are documented in policy.

`Senior Management Team` is the highest ranking group of people within the PLPD, which consists of the Office of Operations Services, Office of Professional Standards and the Office of the Chiefs of Department.

PREFACE

When an employee who holds administrative powers demonstrates performance that is not up to standard; is not aligned with the best interests of the Department; is contrary to the core principles of their division; a Performance Disciplinary may take place.

A Performance Disciplinary is intended to support officers in fulfilling the responsibilities of their role; demonstrating improvement; maintaining the standards expected of them.

Typically, the disciplinary process for misconduct is distinct from this process; however, where appropriate, both processes may occur in conjunction with one another.

SCOPE

1.1 Following the conclusion of an investigation or a logged incident, a disciplinary process can begin with the approval of either the officer's commanding officer, The Head of Operations Services, the Head of Professional Standards or the Office of Chiefs of Department. Informal Warnings do not require approval and can be issued by any presiding member with a rank no lower than Staff Sergeant.

1.2 An officer who holds administrative powers may be subject to a Performance Disciplinary where their performance falls below the standard expected of their role.

• Examples include, but are not limited to:

• Failure to carry out assigned or assumed duties

• Repeated failure to meet the standards or expectations of a role

• Inability or incapability to perform required duties

• Intentional disregard of responsibilities or instructions

• Conduct which negatively impacts the effectiveness of a division or administrative function.

1.3 Performance Disciplinaries may be issued when the officer acts contrary to the core principles of any division they are part of.

1.4 Performance Disciplinaries have set dates for when they expire. This expiration date may be disregarded or extended under the authorisation of the Police Department's Senior Management Team. Any member of the department’s Senior Management Team holds the power to veto the disregard of the expiration date.

1.5 Performance Disciplinaries must not be taken into account if the officer is applying for a non-administrative position.

1.6 This policy applies to roles such as, but not limited just to:

• Internal Affairs Investigative Officer

• Dispatcher

• Divisional Command (Captain, Lieutenant or Staff Sergeant)

• Human Resources Officer

• Officers responsible for handing our Observation Reports

• Officers bound by observation report requirements (i.e. Corporal, Sergeant)

PROCESS

2.1 The Performance Disciplinary process generally follows the hereinafter mentioned stages.

2.2 The stages of the process are as follows:

• Informal Warning, also known as the "Let's Talk". 

  • This can be done in writing through the PLPD.online's messaging system (Appendix A) or raised verbally through a conversation. It is recommended to do both to ensure you have the proper documentation in case of further action.

  • Can be issued without authorisation by any presiding member with a rank no lower than Staff Sergeant

  • This must be logged internally and forwarded to the corresponding Commanding Officer (Captain and Major)

• First Formal Warning

  • Facilitated by "Formal Warning" structure (Appendix B)

  • Must be logged via the Record Notes function on the Officer's profile (Appendix C)

  • Remains on record for 3 months

• Final Formal Warning

  • Facilitated by "Formal Warning" structure (Appendix B)

  • Must be logged via the Record Notes function on the Officer's profile (Appendix C)

  • Remains on record for 6 months

• Demotion

  • If performance does not improve or is consistently at an unsatisfactory standard, and the support of the disciplinary process has been proven unsuccessful in correcting these standards, the officer may be considered for demotion from the position or role and subsequently any other positions or roles they received as a result of having it.

2.3 Exceptions to the process should be made when this designed process to promote improvement is not working or when the actions of the officer were done in reckless disregard, neglect or malice.

2.4 Throughout the process the presiding member must support the officer to their fullest capability. Any factor which may be affecting their performance must be identified and help should be offered to mitigate this where possible.

APPEALING

3.1 Informal Warnings cannot be appealed. If you feel that an Informal Warning was not issued in good faith, then a complaint should be submitted.

3.2 Formal Warnings and Demotions can be appealed by submitting a ticket to the Office of Professional Standards. If the punishment was given by any members of the Office of Professional Standards, then a ticket can be submitted to the Office of the Chiefs of Department

* Text marked in red brackets must be changed and replaced with the correct information.