Discipline and Labor Relations
Discipline and Labor Relations tests the boundary between a supervisor's correction and the Department's formal disciplinary system. A lieutenant must know when to counsel, when to report, and when to stop questioning.
The process
- Civilian complaints generally go to the Civilian Complaint Review Board (CCRB) for investigation of certain allegations; the Department may also investigate.
- Department Advocate's Office prosecutes departmental cases; Deputy Commissioner of Trials handles formal trials.
- Union representation: a member may have a right to a delegate in an investigatory interview that could lead to discipline; do not deny a timely request.
- Weingarten-type rights apply in the labor-relations context; the lieutenant should not conduct an interrogation after a request for representation without guidance.
Worked example: A civilian alleges an officer used a slur during a stop. The lieutenant learns of the allegation at the desk. He should take a brief complaint report, preserve body-worn camera and radio recordings, notify the commanding officer, and avoid interviewing the officer about the allegation until the proper unit directs. He should not tell the civilian "nothing will happen" or tell the officer "just explain it to me off the record."
Traps
- Investigating a CCRB-type allegation without authority.
- Continuing an interview after a union delegate is requested.
- Promising leniency in exchange for a statement.
- Discarding notes after a complaint.
- Treating a counseling session as formal discipline without documentation.