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Ocean (City)Green Risk

ClosedPublic Safety

Early Warning System Policies & Procedures

BID #: N/A

ISSUED: 8/6/2019

DUE: TBD

VALUE: TBD

100

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Executive Summary

The Ocean City Police Department has established an Early Warning System (EWS) to detect and address potential problems within its personnel before they escalate. This system, utilizing Guardian Tracking® Software, aims to identify patterns and trends in employee behavior through various performance measures. The primary intent is to provide timely intervention and implement appropriate management strategies, rather than solely relying on disciplinary actions. The policy outlines procedures for administration, supervisor responsibilities, remedial/corrective interventions, and notifications to subsequent law enforcement employers and the County Prosecutor.

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Document Text

--- Document: Early Warning System Policies & Procedures Document ---
OCEAN CITY POLICE DEPARTMENT
POLICIES & PROCEDURES
VOLUME: 2
CHAPTER: 16
SUBJECT: EARLY WARNING SYSTEM
BY THE ORDER OF!
# OF PAGES: 6
ERICA'S
RESORT
1
11
ACCREDITATION STANDARDS:
2.2.3
Chief of Police John J. Prettyman
Effective Date: 08-06-19
SUPERSEDES ORDER #: OCPD 2:16 (7-03-18)
PURPOSE: The purpose of this written directive is to establish a personnel early warning system.
POLICY:
It is the policy of this department to implement and utilize Guardian Tracking® Software as
an early warning system for tracking and reviewing incidents of risk and provide timely
intervention consistent with the New Jersey Attorney General's Law Enforcement
Directive No. 2018-3.
OCEAN CITY POLICE DEPARTMENT - Early Warning System - Page 1 of 6
PROCEDURE:
1.
EARLY WARNING SYSTEM
A.
B.
The Early Warning System is designed to detect patterns and trends before the
conduct escalates into more serious problems. As such, employees must
understand that the early warning system is not identical to the disciplinary
process. Although it is possible that disciplinary action may be taken as the result
of evidence that rules and regulations were violated, this is not the sole or even
primary intent of the system. The primary intent of an early warning system is to
address potential problems through the use of appropriate management and
supervisory strategies before formal discipline is warranted.
Many different measures of employee performance (actions or behaviors) can be
regularly examined for patterns or practices that may indicate potential problems.
These performance measures shall include, but are not limited to, the following
documented indicators:
1.
Internal affairs complaints against an employee, whether initiated by
another employee or by a member of the public;
2.
Civil actions filed against the officer;
3.
Criminal investigations of or criminal complaints against an employee;
4.
Any use of force by the officer that is formally determined or adjudicated
(for example, by internal affairs or a grand jury) to have been excessive,
unjustified, or unreasonable;
5.
Domestic violence investigations in which the employee is an alleged
subject;
6.
An arrest of the employee, including on a driving under the influence
charge;
7.
Sexual harassment claims against an employee;
8.
Vehicular collisions involving the officer that are formally determined to
have been the fault of the officer;
9.
A positive drug test by the officer;
10.
11.
Cases or arrests by the officer that are rejected or dismissed by a court;
Cases in which evidence obtained by an officer is suppressed by a court;
12.
Insubordination by the officer;
13.
Neglect of duty by the officer;
14.
Unexcused absences by the employee;
15.
Vehicular pursuits.
OCEAN CITY POLICE DEPARTMENT - Early Warning System - Page 2 of 6
II.
C.
D.
Generally, three (3) instances of questionable conduct or performance indicators
(as listed in section B, above) within a 12-month period would initiate the early
warning system process.
If one incident triggers multiple performance indicators, that incident shall not be
double or triple counted, but instead shall count as only one performance indicator.
: ADMINISTRATION OF EARLY WARNING SYSTEM:
A.
B.
C.
D.
E.
The early warning system is primarily the responsibility of the Internal Affairs Unit,
but any supervisor may initiate the early warning process based upon his or her
own observations. Emphasis should be placed on anticipating employee problems
before it results in improper performance or conduct.
Internal affairs shall be alerted by the Guardian Tracking® Software if an employee
has the emergence of a pattern, practices or trend of inappropriate behavior or
misconduct. In addition, the internal affairs supervisor shall query the Guardian
Tracking® Software and review an individual employee's history any time a new
complaint is received.
1.
Using this information and their experience, internal affairs investigators
may be able to identify employees who may need remedial/corrective
intervention even before such is indicated by the Guardian Tracking®
Software.
If the Guardian Tracking® Software indicates the emergence of a pattern,
practices or trend of inappropriate behavior or misconduct, the internal affairs
supervisor shall consult with the employee's supervisor and/or commander.
The internal affairs supervisor and the employee's supervisor and/or commander
shall review the information provided by internal affairs along with any other
relevant information from department records for the purpose of initiating a course
of intervention designed to correct/interrupt the emerging pattern, practice or trend.
1.
2.
3.
If the Guardian Tracking® Software ha's returned an incorrect identification
or "false positive," that conclusion should be documented.
If the Guardian Tracking® Software reveals that an employee has violated
department rules and regulations or written directives, the supervisor in
consultation with the internal affairs unit should proceed with an internal
investigation and possible disciplinary action.
If the Guardian Tracking® Software reveals that the employee has
engaged in conduct which indicates a lack of understanding or inability to
comply with accepted procedures, the supervisor shall consult with the
internal affairs unit to determine the appropriate course of
remedial/corrective intervention.
At least every six (6) months, internal affair's personnel shall audit the agency's
tracking system and records to assess the accuracy and efficacy of the tracking
system.
OCEAN CITY POLICE DEPARTMENT - Early Warning System - Page 3 of 6
III.
SUPERVISORS
A.
B.
C.
An employee's first line supervisor is usually the first member of the department to
encounter and document specific incidents that affect an employee. It is essential
for the supervisor to speak with the employee, document these incidents and
report findings to their commander and if warranted, the internal affairs supervisor.
The success of this program relies heavily on the first line supervisor's
participation and involvement.
If a supervisor has initiated remedial/corrective intervention, the internal affairs unit
shall be formally notified of such efforts through the Guardian Tracking® Software.
The incident narrative placed in the Guardian Tracking® Software may serve as
adequate documentation.
Guardian Tracking® Software
1.
Guardian Tracking® Software allows supervisors the ability to document
routine performance in one centralized location during the course of an
evaluation period. As incidents are entered, Guardian Tracking® Software
will monitor the frequency of specific incidents to determine if early
intervention is warranted.
IV.
2.
Supervisors will not document routine performance in any other format. All
performance documentation will be entered into the Guardian Tracking®
Software.
3.
Supervisors will have access to make entries and view all employees under
their chain of command.
4.
5.
Supervisors, who identify deficiencies with other personnel outside of their
chain of command, will submit the nature of the performance deficiency
directly to the employee involved. Supervisors within the chain of
command will, by default, have access to this newly created
documentation.
a. This process does not relieve the documenting supervisors of the
obligation to take immediate action to correct serious infractions
that may result in liability, injury, and/or disrepute.
Supervisors, who identify and wish to document positive performance
conduct on other personnel, outside of their chain of command, will submit
the nature of the performance directly to the employee involved.
Supervisors within the chain of command will, by default, have access to
this newly created documentation.
DIVISION COMMANDERS
A.
In addition to the regular data audits conducted by internal affairs, the division
commanders shall periodically audit an individual employee's history. Using this
information and their experience, the division commander may be able to identify
employees who may need remedial/corrective intervention even before such is
indicated by the Guardian Tracking® Software.
OCEAN CITY POLICE DEPARTMENT - Early Warning System - Page 4 of 6
V.
B.
When under early warning system monitoring, the employee's division commander
and supervisor shall meet with the employee to discuss the situation in depth to:
1.
Identify problems or potential problems;
2.
Determine short and long-term goals for improvement;
3.
Come to a consensus commitment on a plan for long-term improved
performance;
4.:
Advise of the monitoring process and the repercussions of future sustained
transgressions.
C.
D.
Generally, personnel should expect to remain under intensive monitoring and
supervision for at least three (3) months when an early warning flag is triggered or
until the supervisor concludes that the employee's behavior has been remediated
(whichever is longer).
Supervisor/Employee Meeting
1.
2.
All supervisor/employee meetings shall be thoroughly documented in the
Guardian Tracking® Software, which will automatically be forwarded to the
Chief of Police or his designee. The affected employee and supervisor
shall meet on a regular basis, minimally monthly, to discuss progress
towards the agreed upon goals and objectives.
All regular monthly progress/status reports shall be submitted via the
Guardian Tracking® Software.
Ε.
3.
An additional six (6) months of documented monitoring is required following
removal from the early warning system. Monthly monitoring reports from
the direct supervisor are required.
Any statement made by the officer in connection with the early warning system
review process may not be used against them in any disciplinary or other
proceeding.
REMEDIAL/CORRECTIVE INTERVENTION
11
A.
Supervisory or command personnel may initiate remedial/corrective intervention to
correct behavior. Remedial/corrective intervention may include, but is not limited
to:
1.
Training;
2.
Retraining;
3.
Counseling;
4.
Intensive supervision;
5.
Fitness for duty examination;
6.
Employee Assistance Program, when warranted, if available;
OCEAN CITY POLICE DEPARTMENT - Early Warning System - Page 5 of 6
11
VI.
VII.
7.
Peer counseling.
B.
C.
D.
Internal disciplinary action, remedial/corrective intervention, and fitness for duty
examinations are not mutually exclusive and should be jointly pursued if and when
appropriate.
When remedial/corrective intervention has been undertaken, the Chief of Police
shall ensure that such actions are documented in writing. No entry should be
made in the employee's personnel file, unless the action results in a sustained
investigation. If the remedial/corrective intervention is a training program,
attendance and successful completion of that program should be noted in the
employee's training record.
All reports shall be forwarded to the Chief of Police through the Guardian
Tracking® Software for review. These reports have the same confidential status
as Internal Affairs documents and are subject to the same disclosure and retention
regulations and guidelines.
NOTIFICATION TO SUBSEQUENT LAW ENFORCEMENT EMPLOYER
A.
If any officer who is or has been subject to an Early Warning System review
process applies to or accepts employment at a different law enforcement agency
than the one where he or she underwent the Early Warning System review
process, it is the responsibility of the prior or current employing law enforcement
agency to notify the subsequent employing law enforcement agency of the officer's
Early Warning System review process history and outcomes. Upon request, the
prior or current employing agency shall share the officer's Early Warning System
review process files with the subsequent employing agency.
NOTIFICATION TO COUNTY PROSECUTOR
A.
Upon initiation of the Early Warning System review process, the Chief of Police or
a designee shall make a confidential written notification to the County Prosecutor's
Office. The notice shall identity of the subject officer, the nature of the triggering
performance indicators, and the planned remedial program. Upon completion of
the Early Warning System review process, the Chief of Police shall make a
confidential written notification to the County Prosecutor or his/her designee of the
outcome of the Early Warning System review, including any remedial measures
taken on behalf of the subject officer.
1
B.
On January 5th of the calendar year, the Chief of Police or a designee shall report,
in writing, to the County Prosecutor the total number of Early Warning reviews that
were undertaken for the previous year.
VIII.
A.
PUBLIC ACCESSIBILITY AND CONFIDENTIALITY
The Early Warning System policy shall be made available to the public upon
request and shall be posted on the agency website. However, all written reports
created or submitted that identify specific officers are confidential and are not
subject to public disclosure.
OCEAN CITY POLICE DEPARTMENT - Early Warning System - Page 6 of 6