334.00, Performance Deficiencies
1st Universal Review: 5/25/17-6/24/14
- Portland City Code 3.21.120(F), Independent Police Review Division, Handling Complaints
- Directive 330.00, Internal Affairs, Complaint Investigation Process
- Directive 332.00, Administrative Investigations
- Performance Deficiency: Performance Deficiency is poor work performance. Examples may include, but are not limited to attendance problems, incomplete reports, inaccurate statements, lack of follow through, and failure to properly perform assigned duties.
- Performance Deficiency Investigation: An investigation to determine whether a member’s work performance is deficient.
1. Performance deficiency investigations should generally be conducted within the Responsibility Unit.
2. A performance investigation should address specific allegations of policy violations.
3. All performance investigations will be numbered and tracked by Internal Affairs.
4. 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 or discipline.
5. A performance investigation is not to be used as substitute for an administrative investigation, which will be handled in accordance with Directive 332.00, Administrative Investigations.
1. Performance Deficiency:
1.1. Serious performance deficiencies or a pattern of performance deficiencies may rise to the level of misconduct.
2. Responsibility Unit Manager Responsibilities:
2.1. Each Responsibility Unit Manager will ensure his or her staff is educated as to what constitutes personnel performance deficiency and how performance investigations are initiated.
2.2. If a Responsibility Unit Manager determines that an investigation into a member’s performance is warranted, the Responsibility Unit Manager shall consult with Internal Affairs.
2.3. If Internal Affairs agrees that the case is related to a performance deficiency, Internal Affairs will assign the performance investigation to be conducted by the subject member’s Responsibility Unit Manager or designee.
2.4. The Responsibility Unit Manager will submit the completed performance investigation, through channels, to Internal Affairs.
2.5. Responsibility Unit 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 Internal Affairs for further review.
2.6. Responsibility Unit Managers will:
2.6.1. Contact the Captain of the Professional Standards Division or designee.
2.6.2. Identify specific allegations of performance deficiencies that will be the subject of the investigation.
22.214.171.124. The Captain of the Professional Standards Division or designee will decide who will conduct the performance investigation and if assigned to the Responsibility Unit will provide all necessary forms.
2.6.3. Assign performance cases for investigation by a supervisor within the Responsibility Unit.
2.6.4. Ensure that performance investigations are completed within sixty (60) days after assignment.
2.6.5. Ensure that performance investigations are conducted in a manner consistent with all applicable law and bargaining agreements.
2.6.6. Review all completed performance investigations originating within his or her division.
2.6.7. Send completed investigation, including investigative report, all interview recordings, transcripts, and exhibits to Internal Affairs, for approval.
2.6.8. Internal Affairs will provide a copy of the investigation and related documents to Independent Police Review for review and approval.
2.6.9. Once approved, the investigation will be returned to the Responsibility Unit Manager for recommended findings.
2.6.10. The Responsibility Unit Manager or designee, who is not the investigating supervisor, shall make a recommended finding on each allegation investigated.
2.6.11. Recommended findings shall then be submitted, through channels, to the Captain of the Professional Standards Division or designee, the appropriate assistant chief, and the Independent Police Review Division, in accordance with procedures outlined in Directive 332.00, Administrative Investigations.
2.6.12. The Responsibility Unit Manager or the applicable assistant chief may not take any action on recommended findings, corrective action, or discipline prior to formal approval and notification from the Professional Standards Division.
3. Investigating Supervisor Responsibilities:
3.1. Performance Deficiency Investigations will be conducted by the Investigating Supervisor in accordance with procedures outlined in Directive 332.00, Administrative Investigations.
4. Captain of the Professional Standards Division Responsibilities or Designee:
4.1. Review cases with Responsibility Unit Manager to determine the appropriate course of action (e.g. Performance Deficiency Investigation, Administrative Investigation, Service Improvement Opportunity, etc.).
4.2. Issue tracking numbers and track cases to ensure adherence with procedures and timelines.
4.3. Notify the Independent Police Review Division of the investigation.
4.4. Review investigations for completeness and accuracy.
4.5. Review findings and recommended discipline for performance cases.
4.6. Forward the investigation, findings, and recommended discipline to the Independent Police Review Division for review, in accordance with City Code 3.21.120(F).
4.7. 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, Administrative Investigations.
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