Eleven Sick Days, a Fishing Boat, and a Pending CCRB Complaint
Officer Ruiz has six years on the job. Since January 1 he has taken eleven unscheduled sick days; seven fall on a Monday, a Friday, or the day before or after his regular days off. On three of those days his public social media shows him on a charter fishing boat. He has a pending civilian complaint from a stop four months ago alleging he used a racial slur; CCRB has requested his memo book. The squad is down two officers, and two senior officers have asked you why "nothing happens" to him. The captain tells you the sick leave is "a discipline case" and wants him interviewed tomorrow. Ruiz has never been formally counseled, his last two evaluations are "meets standards," and he has no prior discipline.
1. Is this a discipline case? What must be assembled and decided before any formal interview?
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Not yet. A pattern of absences is a legitimate concern, but a captain's instruction to interview him tomorrow is not the same as a case. Before anyone sits down with Ruiz, I need the underlying records: the sick leave history including dates and duration, the medical roll entries, the tour schedule showing what the absences were adjacent to, whether any medical documentation exists, and whether he has an open medical condition with the department. Some of those absences may be legitimate and protected, and I need to know that before I treat them as misconduct.
Distinguish the two tracks. Attendance monitoring and counseling, including referral to the medical division and the employee assistance program, is not discipline. Discipline requires notice of the specific rule, an investigation, and a penalty that fits a documented record. With no prior counseling and evaluations that meet standards, jumping to formal charges is both unfair and likely to fail review.
Also decide what I am not doing. I am not running a social media sting, and I am not asking a fellow officer to report on his whereabouts. Capturing public posts that happen to exist is different from fishing for them.
Sequence. Records first, then a documented counseling session, then a written expectation with a review period. Formal discipline only if the pattern continues after that, and the file must show the progressive steps.
2. How does Garrity shape the interview, and how do you keep the sick-leave matter separate from the CCRB complaint?
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Garrity. If the department orders Ruiz to answer questions about attendance and tells him that refusal can cost him his job, his answers are compelled and cannot be used against him in a criminal prosecution. That is the trade: the department gets the answers, but only for administrative use. The warning must be given properly, documented, and understood - not mumbled at the start of a hallway conversation.
Representation. He is entitled to union representation at an investigatory interview that could lead to discipline if he requests it. I confirm that before we begin and note it in the record.
Separation. The CCRB complaint alleging a racial slur is a different matter with a different investigative body. If that allegation has any criminal dimension, no compelled statement may be taken on it, and the two interviews must not be blended into one conversation where a compelled answer about fishing trips sits next to questions about the stop. The memo book goes to CCRB through the proper channel with a record of what was produced.
My role. If I am a witness to any part of this, I do not also run the interview. I make sure the interviewer is someone appropriate to the case, the questions stay within the notice of the subject matter, and the transcript reflects exactly what was asked.
Documentation. Warning given, time, who was present, representative requested, questions asked, answers, and any request for medical documentation.
3. The squad is watching, and the captain wants a result. How do you handle the performance side and what do you put in writing?
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In writing, with specifics. The counseling entry states the dates of the absences, the pattern, the rule or expectation being applied, what Ruiz said, what he agreed to, and the review date. No adjectives about attitude and no speculation about the fishing boat unless the department has a legitimate, documented basis to raise it. An entry that says "pattern of abuse" with no dates is worthless in a discipline review and unfair to the officer.
Performance support. I ask whether there is something driving the absences - medical, family, financial - and route him to EAP and the medical division where appropriate. If a real condition exists, the fix is treatment and an accommodation discussion, not a penalty.
Set the expectation and mean it. I tell him plainly what the standard is, what will happen if the pattern continues, and what improvement looks like over the next 90 days. Then I actually review it at 90 days, because a promised review that never happens is how a squad concludes that nothing matters.
The squad. Senior officers asking "why nothing happens" are telling me they think the standard is not being enforced. The answer is not to sacrifice Ruiz to appearances; it is to show that the process is real - counseling documented, expectations set, follow-up conducted. I say that at roll call in general terms, without discussing his personal situation.
The evaluation. The next evaluation should reflect the attendance record in factual terms, with dates and any improvement or lack of it, so the file tells a coherent story if formal charges ever become necessary.