______________imposes more serious penalties with each repeat infraction.
Is it the best idea to have the direct supervisor conduct the investigation?
Is it ok to give the supervisor more discipline than a line officer?
What is the purpose of “Just Cause”?
Prevents arbitrary discipline against public employees.
“Just Cause” creates a __________ interest for the employee – an aggregate of rights which are guaranteed and protected by government.
The US Constitution provides that government deprivation of a property right requires ____________.
There is a requirement in the public sector that the basis for the discipline have some _________, or link, to the employee’s job.
T/F For public sector employers, an employee cannot be compelled to incriminate himself under the threat of discharge. An employee can be required to answer questions regarding an incident after a grant of immunity.
T/F To invoke Garrity you must have a "compelled statement".
Another term for a peace officer bill of rights that imposes restrictions on the employer in discipline interviews and investigations is called a _______________.
Statutory Bill of Rights
An employee's ________ will determine the disciplinary rules and procedures that an employer must follow.
Hearings before _____________entities need not meet the technical criteria of courts, but require only a fair and impartial hearing.
Civil service commissions serve two functions, what are they?
T/F The appeal of final discipline decisions is to the state trial court by a complaint for administrative review after exhaustion of administrative remedies.
The final discipline decisions will be upheld absent a showing that the decision was_____(3)_____.
How do you remove an elected person in their position?
constitution or statute for mid-term removal
voted out of office during next election
Generally describes no employment agreement at all. Position is subject to termination at any time for any reason or no reason except an unlawful reason. No due process. What is this called?
"At Will" employee
Generally describes a position with no due process requirements for termination. Period to establish a level of competency for the position before becoming permanently employed.
Due Process can be found in two places in the Constitution.
5th Amendment – for federal actions
14th Amendment - for state actions
What is the name of the full hearing required after discipline is imposed. It requires a full evidentiary hearing, examining witnesses, and presenting evidence. Meets the elements of Due Process.
Post Deprivation Hearing
When there is no property interest in a position which by statute, ordinance, or policy that employee can be dismissed with “cause” there is still a ____________interest.
If an employee’s name or reputation is impacted by disciplinary action, they may be entitled to a ___________.
Name Clearing Hearing
What are the two types of Due Process?
Procedural Due Process – the process.
Substantive Due Process – the rules; fundamental fairness.
T/F Membership in an organization cannot be regulated absent a showing of a specific intent by the individual, not the group, to carry out illegal aims. However, associating with felons can be regulated.
T/F Political affiliation cannot be grounds for dismissal of public employees, but may be grounds for removal of appointed employees.
T/F Searches at work will be allowed where there are reasonable grounds for suspecting evidence of work related misconduct at inception if search is reasonable in scope.
The Burden of Proof in Discipline Cases is_____?
by a preponderance of the evidence (51% rule)
A claim or legal finding that an employee who purportedly voluntarily left a position should be treated as though that employee was actually discharged by the employer. To prevail, the employee must show that a reasonable person faced with similar unfair conditions would leave rather than to continue to suffer such conditions or treatment. What type of discharge is this?
A common basis for discipline, the common “catch-all” that has been attacked for being vague and more specific charges are preferred over this one.
Conduct Unbecoming and Official Misconduct
What three elements must be present when determining appropriate discipline for an employee?