334.00 PERFORMANCE DEFICIENCIES
Index: Title; Rule Violations
Refer: DIR 330.00 Internal Affairs, Complaint Investigation Process
DIR 335.00 Discipline Process
DIR 333.00 Criminal Investigations of Police Bureau Employees
DIR 344.00 Prohibited Discrimination
Applicable Bargaining Agreements
Portland City Code 3.21.120(F)
A performance deficiency is defined as poor work performance or a minor work rule violation. Performance deficiencies may include, but are not limited to, attendance problems, failure to properly perform assigned duties, and unacceptable written or verbal communication. Performance Investigations are used to address such deficiencies and should generally be conducted within the RU structure.
A Performance Investigation should address specific allegations of policy violations. All Performance Investigations will be numbered and tracked by the Professional Standards Division. Disciplinary action related to performance deficiencies will normally be progressive in nature; however, serious performance problems may justify suspension or discharge without prior warning or attempts at corrective action.
A Performance Investigation is not to be used as a substitute for an administrative investigation in a case of serious alleged misconduct or an allegation involving a citizen complainant. Such cases will be handled in accordance with Directive 330.00, Administrative Investigations.
RU Manager’s responsibilities
If an RU manager determines that an investigation into a member’s performance is warranted, the RU manager shall consult with the Professional Standards Division. If Professional Standards agrees that the case is related to a work rule violation or performance deficiency, Internal Affairs will assign the performance investigation to be conducted by the involved member’s RU manager or designee. The RU manager will submit the completed performance investigation and any recommendations for findings, corrective action or discipline to the Professional Standards Division. RU managers are not permitted to take any action on the investigation or any recommendations for findings, corrective action or discipline prior to submitting the completed investigation to the Professional Standards Division.
RU managers will:
Identify specific allegations of Directive violations to be investigated.
Assign performance cases for investigation by a supervisor within the RU.
Ensure that Performance Investigations are completed in a timely manner (typically within 10 weeks after assignment).
Ensure that Performance Investigations are conducted in a manner which protects employees’ contractual and legal rights.
Review all completed Performance Investigations originating within his/her Division.
Make a recommended finding on each allegation investigated in accordance with Directive 335.00, Discipline Process. In the event of a sustained finding, make a recommendation for disciplinary action. If a Performance Investigation results in a sustained finding and discipline recommendation, the corrective action will be taken in accordance with Directive 335.00.
Investigating Supervisor’s Responsibilities
Conduct the investigation within 10 weeks of its assignment. Exceptions to this rule may be granted by the RU Manager with good cause.
Conduct recorded interviews of involved members and witnesses, in accordance with contractual obligations.
Prepare an investigative summary addressing each allegation investigated.
Professional Standards Division Manager’s (or designee’s) responsibilities:
Review cases with RU Managers to determine the appropriate course of action (Performance Investigation, Administrative Investigation, Service Improvement Opportunity, etc.).
Issue tracking numbers and track cases to ensure adherence with procedures and timelines.
Notify Independent Police Review (IPR) of the investigation.
Review completed Performance Investigations for completeness and accuracy.
Review findings and recommended discipline for performance cases.
Forward the completed investigation, findings and recommended discipline to IPR for review.
Maintain Performance Investigation files in accordance with records-retention policies. Performance Investigation files may be purged according to the schedule detailed in Directive 332.00.
RESPONSIBILITY, ACCOUNTABILITY AND CONTROL (334.00)
Each RU manager will ensure his/her staff is educated as to what constitutes personnel performance deficiency and how to initiate the process for a Performance Investigation as described by this directive.
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