Does the CBA contain provisions related to discipline for misconduct?
Topic: Discipline and accountability
CBAs marked "Yes" address a given topic or question or "No" do not address that topic or question. Or there is no CBA, the CBA is unknown, or a FOIA request was denied.
| District | Answer |
|---|---|
| Alaska | YES |
| Summary: Primary discipline authority: Police Department, State of Alaska; Types: Terminations, suspensions, demotions, written reprimands, written warnings; Restricted aspects: N/A; Challenge/appeal process: Excepting Letters of Warning or Reprimand, union grievance procedure | |
| Detail: State of Alaska shall supervise criminal investigations, and if investigation concludes that discipline may be warranted, will conduct either 1) Administrative Investigation, which could result in discipline up to and including termination; -or- 2) Known & Obvious/Supervisory Review, which will not result in termination. Unless waived in writing by employee, association representation at any disciplinary employee conference and employee interview is mandatory. | |
| Anchorage, AK | YES |
| Summary: Primary discipline authority: City of Anchorage, Police Department; Types: Oral/written reprimand, suspension, discharge, demotion, disciplinary transfer; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: If incident being investigated may result in civil suit or criminal action, employee may have attorney present at his own cost in addition to union representation. Unless circumstances require otherwise, all internal investigations shall be concluded within 45 days of initiation, with disciplinary decision finalized within 45 days of completion of investigation. | |
| Alabama | NO CBA |
| Birmingham, AL | NO CBA |
| Arkansas | NO CBA |
| Arizona | NO CBA |
| Chandler, AZ | YES |
| Summary: Primary discipline authority: City of Chandler, Police Department; Types: Written reprimand, suspension, demotion, discharge; Restricted aspects: N/A; Challenge/appeal process: Disciplinary Review Group process. | |
| Detail: Employee has right to union representation at investigatory meeting. Employee shall be given written notice of investigation and all known allegations of misconduct. Discipline is not grievable under union grievance procedure. | |
| Gilbert, AZ | NO CBA |
| Glendale, AZ | YES |
| Summary: Primary discipline authority: Chief of Police; Types: Memo of expectation, counseling, memo of correction, written correction, suspension, demotion; Restricted aspects: Limited to a timeframe of three years for non-punitive discipline and five years for punitive discipline; Challenge/appeal process: Formal request to chief of police for relief from post disciplinary period | |
| Detail: Discipline is defined as informal corrective actions (memo of expectation, counseling), corrective discipline (memo of correction, written), or punitive discipline (suspensions, demotions, etc.) | |
| Mesa, AZ | NO CBA |
| Phoenix, AZ | YES |
| Summary: Primary discipline authority: City of Phoenix, Police Department; Types: Written reprimand, suspension, demotion, discharge; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Employee has right to union representation during interrogation. At time of interview, city will inform employee and union with written notices of the allegation. Union and employee under investigation will be informed every 3 months as to the status of the investigation. | |
| Scottsdale, AZ | NO CBA |
| Tucson, AZ | YES |
| Summary: Primary discipline authority: City of Tucson, Police Department; Types: Suspension, demotion, reduction in pay/position, discharge, other disciplinary action; Restricted aspects: N/A; Challenge/appeal process: Civil Service Commission. Suspension under 8 day aggregate are appealable using union grievance procedure. | |
| Detail: Disciplinary action that results in dismissal, demotion, or reduction of pay or position, a single suspension without pay for more than 8 days/80 hours, or an aggregate of suspensions without pay in one year which exceeds 8 days/80 hours is appealable to Civil Service Commission. Disciplinary action that involves a suspension of 8 days or less and does not exceed the aggregate is subject to grievance procedure. Employee will not be permitted to use annual leave/compensatory time in order to work during suspension period. | |
| California | NO |
| Anaheim, CA | YES |
| Summary: Primary discipline authority: City of Anaheim, Chief of Police; Types: Suspension, demotion, dismissal; Restricted aspects: Suspension shall not exceed 90 days; Challenge/appeal process: Union grievance procedure | |
| Detail: City manager determines amount of backpay owed to reinstated employee, taking into account amounts earned from other employment. | |
| Bakersfield, CA | NO |
| Chula Vista, CA | YES |
| Summary: Primary discipline authority: City of Chula Vista, Police Department; Types: N/A; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: Management rights lists right to "discipline or discharge employees for just cause" but does not give further detail. Discipline is not grievable under union grievance procedure | |
| Fremont, CA | YES |
| Summary: Primary discipline authority: City of Fremont, Police Department; Types: Dismissal, demotion, suspension, salary reduction, transfer imposed for punishment; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, with arbitration as final appeal beyond this. | |
| Detail: Employee has right to representation. All discipline will be resolved at the lowest level of the disciplinary appeal procedure possible. | |
| Fresno, CA | YES |
| Summary: Primary discipline authority: Chief of Police; Types: Written reprimands, fines, suspensions, demotions, terminations, oral counseling, letters of counseling, oral reprimands, documented oral reprimands, transfer/reassignment; Restricted aspects: Reassignment as part of the disciplinary process must be to the same shift; Challenge/appeal process: Administrative hearing procedure; arbitration | |
| Detail: "Disciplinary action" includes written reprimands, fines, suspensions, demotions, or terminations. "Corrective action" includes oral counseling, letters of counseling, oral reprimands, and documented oral reprimands. According to a side agreement within the CBA, "Members may be subject to involuntary assignment as part of the disciplinary process." Members must be notified within 10 business days of punitive action. | |
| Irvine, CA | YES |
| Summary: Primary discipline authority: City of Irvine, Police Department; Types: Demotion, dismissal, reduction in pay, suspension without pay up to 30 days; Restricted aspects: N/A; Challenge/appeal process: Hearing officer appointed by city manager | |
| Detail: Employee has right to union or legal representation at any investigatory meeting. Employee must appeal decision to city manager within 14 days of receipt of disciplinary notice. Disciplinary action is not subject to union grievance procedure. | |
| Long Beach, CA | NO |
| Los Angeles, CA | YES |
| Summary: Primary discipline authority: City of Los Angeles, Police Department; Types: Extensive retraining, verbal counseling, training, suspension, termination; Restricted aspects: N/A; Challenge/appeal process: Administrative Appeal Procedure or Charter Section 1070. | |
| Detail: Employee has right to representation during any investigatory meeting. Employee may file administrative appeal within certain timeline for each kind of action. Discipline not subject to union grievance procedure or arbitration. | |
| Oakland, CA | YES |
| Summary: Primary discipline authority: City of Oakland, Police Department; Types: Fine, demotion, suspension, termination; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Riverside, CA | NO |
| Sacramento, CA | YES |
| Summary: Primary discipline authority: N/A; Types: Letter of reprimand; formal discipline; Restrictions/alternatives: Employees may be permitted to forfeit accumulated holiday/vacation credits in-lieu of a suspension; Challenge/appeal process: Administrative review of letters of reprimand; appeal process for formal discipline. | |
| Detail: Formal discipline is considered any disciplinary action above a letter of reprimand. | |
| San Bernardino, CA | YES |
| Summary: Primary discipline authority: City of San Bernardino, Police Department; Types: Demotions, discharges, reduction in pay, suspension; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. | |
| Detail: Employee has right to union representation | |
| San Diego, CA | YES |
| Summary: Primary discipline authority: City of San Diego, Police Department; Types: Dismissal, demotion, suspension, wage reduction, written reprimand, written warning, transfer; Restricted aspects: N/A; Challenge/appeal process: Appeal to Civil Service Commission | |
| Detail: Officers will receive a 3 day notification prior to interrogation and be told their right to representation. | |
| San Francisco, CA | YES |
| Summary: Primary discipline authority: City of San Francisco, Police Department; Types: Suspension, termination; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: Employee will be notified in writing of charges and material upon which disciplinary action will be taken. Discipline is not grievable. | |
| San Jose, CA | YES |
| Summary: Primary discipline authority: City of San Jose, Police Department; Types: Dismissal, demotion, suspension, pay reduction; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure or Civil Service Commission | |
| Detail: Salary reduction may be reduced by no more than one step of the salary range, and amount and length of time shall be specified in the Notice of Intended Discipline. Probationary employees may not appeal rejection on probation. Employees must file appeal within 20 days of receiving Notice of Intended Discipline. | |
| Santa Ana, CA | YES |
| Summary: Primary discipline authority: City of Santa Ana, Police Department; Types: Suspension, termination, demotion; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. Suspension, termination, demotion may be appealed to Personnel Board. | |
| Detail: Any permanent employees may be disciplined and have appeal in accordance with Santa Ana Municipal Code. Employees have the right for up to two representatives of their choice when allowed by law. | |
| Stockton, CA | YES |
| Summary: Primary discipline authority: City of Stockton, Police Department; Types: Discharge, suspension, pay reduction, demotion, other employment penalty; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure or Civil Service Commission | |
| Detail: To appeal, employee must appeal in writing to Civil Service Commission within 10 days of receiving written notification of the action, or in writing to director of HR within 10 days of receiving written notification. | |
| Colorado | NO CBA |
| Aurora, CO | NO |
| Colorado Springs, CO | NO CBA |
| Denver, CO | NO |
| Connecticut | YES |
| Summary: Primary discipline authority: State Police Department; Types: Serious or formal discipline (dismissal, demotion, suspension, transfer, loss of off-duty car use for more than 15 days); oral reprimands and constructive criticism precede formal discipline for areas of inefficiency and incompetency, but are not required for neglect, insubordination, or willful misconduct Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: The CBA states that "In the area of inefficient or incompetent performance, oral reprimands and constructive criticism should ordinarily precede formal disciplinary procedures; however, no such warning is necessary with respect to neglect of duty, insubordination or willful misconduct." The CBA sets progressive discipline practices and standard but does not require strict application in every case. The CBA defines the following as serious discipline (1) Dismissal, (2) Demotion, (3) Suspension, (4) Transfers, (5) Loss of off-duty use of car for a period of more than 15 days. Disciplinary transfers have certain criteria and must be classified as such and be subject to notification and other requirements for formal disciplinary action. | |
| District of Columbia | YES |
| Summary: Primary discipline authority: City of Washington, D.C, Police Department; Types: Suspension, demotion, discharge, other disciplinary actions; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Delaware | FOIA DENIED |
| Florida | YES |
| Summary: Primary discipline authority: State of Florida; Types: Reduction in base pay, transfer, suspension, demotion, dismissal, oral reprimand, written reprimand; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure except for employees who have not reached permanent status. | |
| Detail: Employee may request union representation at disciplinary investigation or predetermination conference where dismissal or suspension of employee is being considered. Oral reprimands are not grievable, while written reprimands are subject to union grievance procedure. | |
| Hialeah, FL | YES |
| Summary: Primary discipline authority: City of Hialeah, Police Department; Types: Dismissal, demotion, transfer, reassignment; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Employee has right to union or legal representation at any investigatory interrogation. Any internal investigation not involving criminal charges shall be resolved within 60 days from the time the officer is informed of the complaint. No officer may be subjected to disciplinary action if investigation is not completed within this timeframe. Employees suspended for 40 hours or less may request forfeiture of accrued leave instead and remain in pay status with mayoral approval. | |
| Jacksonville, FL | YES |
| Summary: Primary discipline authority: City of Jacksonville, Police Department; Types: Dismissal, demotion, suspension; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure or Civil Service Board hearing. Probationary employees do not have access to this process. | |
| Detail: Officer under investigation shall be informed prior to any meetings of nature of complaint. Officer has right to legal representation or any other representation of his/her choice. Sheriff or designee may impose immediate suspension without pay when employee has a) been arrested on a felony charge; b) failed a substance abuse test with confirmation; c) failed to obey a lawful direct order from a superior; d) is a danger to himself/herself or others. Employee may use personal leave in such cases. | |
| Miami, FL | YES |
| Summary: Primary discipline authority: City of Miami, Police Department; Types: Suspension, demotion, discharge, other disciplinary action; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. | |
| Detail: Employee shall be informed of charges prior to investigatory meeting, and has the right to legal or other representation at any interrogation. Management Rights states the city has the right to discipline. | |
| Orlando, FL | YES |
| Summary: Primary discipline authority: City of Orlando, Police Department; Types: Oral reprimand, written censure, suspension without pay, demotion, termination; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Employee has right to representation at any interrogation. Suspension without pay shall not exceed 240 work hours. Employee may forfeit accrued time in lieu of suspension provided the violation "does not involve indebtedness to the city." | |
| St. Petersburg, FL | YES |
| Summary: Primary discipline authority: City of St Petersburg, Police Department; Types: Suspension, demotion, discharge, other disciplinary action; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Tampa, FL | YES |
| Summary: Primary discipline authority: City of Tampa, Police Department; Types: Oral admonishment, letter of counseling, written reprimand, suspension, demotion, dismissal, payment for lost equipment, training; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Employees must be notified in writing of disciplinary action resulting in loss of pay or benefits. Any officer who is being interrogated where the officer could be disciplined has a right to union or legal representation. | |
| Georgia | NO CBA |
| Atlanta, GA | NO CBA |
| Hawaii | YES |
| Summary: Primary discipline authority: State of Hawaii; Types: Written reprimands, dismissals, suspensions, disciplinary transfers, disciplinary demotions; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, with exception of discipline stemming from employee failure to meet performance requirements | |
| Detail: When need for discipline is immediate, union and employee shall be furnished reason in writing within 48 hours after action has taken place. When no immediate need, notice shall be given in writing to union and employee on or before effective date of dismissal or discipline. | |
| Honolulu, HI | YES |
| Summary: Primary discipline authority: City of Honolulu, Police Department; Types: Written reprimands, dismissal, suspensions, disciplinary transfers, disciplinary demotions; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, except for actions resulting from employee's failure to meet performance standards | |
| Detail: Union and employee shall be furnished in writing of reasons for discipline on or before date of disciplinary action. | |
| Iowa | YES |
| Summary: Primary discipline authority: Police Department, State of Iowa; Types: Suspension, discharge, pay reduction, written reprimand; Restricted aspects: No suspension which results in loss of pay or benefits until initial investigation conducted; Challenge/appeal process: Union grievance procedure; probationary employees are not subject to grievance procedure. | |
| Detail: Suspension or discharge appeal starts from step 3 of grievance procedure, while appeals of written reprimands begin with step 1. Officer shall be notified in writing when formal investigation is commenced. Union shall be notified in writing of any disciplinary action imposed upon employee within 5 days of action occurring. | |
| Idaho | NO CBA |
| Boise, ID | YES |
| Summary: Primary discipline authority: City of Boise, Police Department; Types: Suspension, demotion, firing; Restricted aspects: Disciplinary investigations shall not be served until investigation completed; Challenge/appeal process: Union grievance procedure | |
| Detail: City shall provide employee with written notification of investigations or inquiries that could lead to disciplinary action prior to investigatory interview. | |
| Illinois | YES |
| Summary: Primary discipline authority: State of Illinois, Police Department; Types: Suspension, discharge, written reprimand, oral reprimand; Restricted aspects: Counseling not considered disciplinary action; Challenge/appeal process: Union grievance procedure | |
| Detail: Any written reprimand shall be purged from all records when more than 15 months have elapsed since employee was last warned for such an offense. | |
| Chicago, IL | YES |
| Summary: Primary discipline authority: City of Chicago, Police Department; Types: Suspension, Demotion, discharge, other disciplinary action; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Officer shall be informed immediately prior to investigation of allegation, and has the right to legal/union representation. Outlines alternative to discipline, termed "Summary Punishment", which is either a reprimand or excuse from work for 1-3 days without pay. Compensatory time may be used for this. | |
| Indiana | NO CBA |
| Fort Wayne, IN | YES |
| Summary: Primary discipline authority: City of Fort Wayne, Police Department; Types: Reduction in pay or position, suspension, discharge, other disciplinary action; Restricted aspects: N/A; Challenge/appeal process: Suspensions, dismissals and reduction in grade cannot be grieved or arbitrated (Article 20 Section 1) | |
| Detail: Employee is presumed innocent until proven guilty. Employees shall be informed at least 2 days prior to investigatory questioning, and have the right to legal and union representation. | |
| Indianapolis, IN | YES |
| Summary: Primary discipline authority: City of Indianapolis, Police Department; Types: Dismissal, transfer, reassignment, discharge, demotion; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Officer has right to union representation or attorney, with 72 hours to obtain such representation. | |
| Kansas | YES |
| Summary: Primary discipline authority: Police Department, State of Kansas; Types: Suspension, demotion, termination; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure or Department of Administration appeals procedure for certain kinds of discipline. | |
| Detail: Appeals for suspension, demotion, and termination are covered under appeals procedure of rules and regulations of Department of Administration, pursuant to Kansas Civil Services Statutes and Amendments. According to Article 8 Section 2, union representatives may be present at investigative interviews but can be asked to leave if they unduly interfere. | |
| Wichita, KS | YES |
| Summary: Primary discipline authority: City of Wichita, Police Department; Types: Documented verbal counseling, demotion, suspension, dismissal; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, except for verbal warnings | |
| Detail: Employee shall be informed in writing of non-criminal complaint within 4 days of complaint being assigned PBS number. Employee who is subject (either focus or witness) of investigatory interview has the right to union representation. Employees may substitute accrued paid vacation days in lieu of suspension, not to exceed 10 working days per calendar year. | |
| Kentucky | NO CBA |
| Lexington, KY | YES |
| Summary: Primary discipline authority: City of Lexington, Police Department; Types: limited to only termination, demotion, decrease in pay or grade, suspension without pay, written reprimand; Restricted aspects: Restricted by state LEBOR Challenge/appeal process: Disciplinary Review Board. | |
| Detail: Disciplinary articles are supplemental to KRS 15.520 and KRS 95.450 (statute in the state's LEOBOR). Officers shall be informed 48 hours prior to investigation interrogation. Except for criminal investigations, all administrative investigations shall be completed within 60 days of complaint affidavit being filed with the PIU. Members shall have right to union representation. There is a three-step disciplinary process, starting with the chief, an appeal to Disciplinary Review Board (DRB), and LFUCG Urban County Council. Disciplinary action is not grievable under union procedure. | |
| Louisville, KY | YES |
| Summary: Primary discipline authority: City of Louisville, Police Department; Types: Verbal or written reprimand, suspension, demotion, dismissal; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: Except for criminal investigations, all investigations shall be concluded within 180 days of complaint or initiation of investigation, whichever is later. Metro government may have extension provided they provide reason for extension prior to the 180 days expiring. For hearings or appeals, parties shall follow KRS 67C.326(1)(h), 67C.326(2), 67C.326(3). Discipline not subject to union grievance procedure. | |
| Louisiana | NO CBA |
| Baton Rouge, LA | YES |
| Summary: Primary discipline authority: City of Baton Rouge, Police Department; Types: N/A; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| New Orleans, LA | NO CBA |
| Massachusetts | NO |
| Boston, MA | NO |
| Maryland | YES |
| Summary: Primary discipline authority: N/A; Types: Termination, suspension without pay; Restricted aspects: N/A; Challenge/appeal process: N/A. | |
| Detail: Disciplinary appeals or grievances are not subject to the grievance procedure. Article X Section 2 mentions a disciplinary procedure involving suspension without pay or termination, but in relationship to backpay in the event of disposal of charges. | |
| Baltimore, MD | YES |
| Summary: Primary discipline authority: City of Baltimore, Police Department; Types: Suspension, Fine; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: Employee shall be provided copy of Public Integrity Bureau case book material. Minor disciplinary hearings may be before 1-person departamental hearing board. For major disciplinary matters, hearing shall be before a 5-person board, with the option to have an administrative law judge (ALJ). The employee or their attorney may select the ALJ process. An arbitrator cannot modify or change any judgement in disciplinary proceeding. | |
| Maine | YES |
| Summary: Primary discipline authority: Police Department, State of Maine; Types: Suspension, demotion, dismissal, reprimand (not specified written or oral); Restricted aspects: Failure to follow investigative procedure shall result in dismissal of all charges; Challenge/appeal process: Union grievance procedure, with exception of probationary employees. | |
| Detail: When charges are brought in instances where probable cause exists for demotion, dismissal, or suspension, written copies of charges shall be provided to officer and union. | |
| Michigan | YES |
| Summary: Primary discipline authority: Police Department, State of Michigan; Types: Written warning, written reprimand, suspension without pay, discharge; Restricted aspects: Counseling, retraining, demotions are not disciplinary action; Challenge/appeal process: Union grievance procedure | |
| Detail: Supervisor may choose a verbal reprimand for minor misconduct in lieu of disciplinary action. Suspension without pay shall not exceed 30 days. Employee and union shall be informed of charges and proposed discipline 10 days before meeting, and if they accept the discipline, they cannot appeal. Only the union has the right to request arbitration of a disciplinary case. | |
| Detroit, MI | YES |
| Summary: Primary discipline authority: City of Detroit, Police Department; Types: Demotion, discipline, discharge; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, except for discharge. Discharge appeals made under process in Article 8. | |
| Detail: Discharge appeals must be made to arbitration within 3 days of date of discharge. If employee reinstated by arbiter, chief has right to return employee at demoted position. Employee rights under investigations are outlined. | |
| Minnesota | YES |
| Summary: Primary discipline authority: Police Department, State of Minnesota; Types: Oral reprimand, written reprimand, suspension, demotion, discharge; Restricted aspects: N/A ; Challenge/appeal process: Union grievance procedure, except oral reprimand. Probationary employees cannot use this procedure. | |
| Detail: Union representative shall be present at any investigation where employee may be discharged or suspended. Employee must waive right to union representative in writing, with copy of waiver provided to union. When authority suspends, demotes, or discharges a permanent employee, both the employee and union shall be provided with a written copy of reasons for action. Oral reprimands are not grievable or arbitrable. | |
| Minneapolis, MN | YES |
| Summary: Primary discipline authority: Chief of Police; Types: discipline types not defined, but the following are mentioned: suspension, written reprimand, transfer, demotion, or discharge; Restricted aspects: Only for just cause and explicitly not for refusal of psychological evaluation; Challenge/appeal process: Union grievance procedure and arbitration. | |
| Detail: Types of discipline are not defined, either inclusively or exclusively, by the CBA. Some types of discipline are referenced in provisions on the appeal of disciplinary action. All suspensions must be measured in hours. The demotion of an officer cannot cause the demotion of another officer. Officers suspended as a disciplinary action do not accrue sick leave or benefits. The department cannot discipline an officer for refusing a referral to a psychological evaluation unless an arbitrator determines or the department and the federation agree on the basis of the psychological referral. The maximum disciplinary sanction for the first time an officer refuses a drug test is a letter of reprimand. | |
| St. Paul, MN | YES |
| Summary: Primary discipline authority: City of St Paul, Police Department; Types: any of the following - Oral reprimand, written reprimand, suspension, demotion, discharge; Restricted aspects: Only for just cause and with progressive discipline Challenge/appeal process: Arbitrator or Civil Service Commission | |
| Detail: Employer will discipline employees only for just cause and will use progressive discipline. All disciplinary action can be appealed to an arbitrator or the Civil Service Commission. | |
| Missouri | NO CBA |
| Kansas City, MO | YES |
| Summary: Primary discipline authority: City of Kansas City, Police Department; Types: Suspension, demotion, termination; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. | |
| Detail: Chief shall designate a major as coordinator of discipline. Employee has right to union representation during interview that could end in disciplinary action.Employee shall be notified at least 24 hours before such an interview. The coordinator can issue discipline up to a 5 day suspension without pay. Anything beyond this must be reviewed and affirmed by the chief or designee. | |
| St. Louis, MO | YES |
| Summary: Primary discipline authority: City of St Louis, Police Department; Types: Demotion, suspension, discipline, dismissal; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: CBA does not outline disciplinary procedure, or rights of employee to representation; notes that "Discipline shall be governed by Department of Personnel Administrative Regulation No 117." | |
| Mississippi | NO CBA |
| Montana | YES |
| Summary: Primary discipline authority: Police Department, State of Montana; Types: Suspend, discharge, demote; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. | |
| Detail: Troopers may request union representative to be present at investigative meetings or interviews where the trooper reasonably believes discipline or discharge may result from answers during said interview. The employer will furnish employee with written reasons for disciplinary action. | |
| North Carolina | NO CBA |
| Charlotte, NC | NO CBA |
| Durham, NC | NO CBA |
| Greensboro, NC | NO CBA |
| Raleigh, NC | NO CBA |
| Winston-Salem, NC | NO CBA |
| North Dakota | NO CBA |
| Nebraska | YES |
| Summary: Primary discipline authority: Police Department, State of Nebraska; Types: Written warning, disciplinary probation, suspension, demotion, reduction in pay, discharge; Restricted aspects: Does not apply for unsatisfactory work performance. Member's family shall not be involved unless they are party to complaint or at specific request of officer; Challenge/appeal process: Union grievance procedure. | |
| Detail: Any complaints of less than serious misconduct received >24 months after the incident shall not result in discipline. Progressive discipline using the minimum level of discipline needed shall be used, except in cases involving "dishonesty, serious discriminatory action against a protected class, or criminal activity engaged in while on duty, or criminal activity off duty involving violence, drugs, or crimes of dishonesty." An employee suspended with minimum 10 days may use up to 5 days of vacation to receive pay during this time. | |
| Lincoln, NE | YES |
| Summary: Primary discipline authority: City of Lincoln, Police Department; Types: Reprimand, suspension, dismissal; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. Actions falling under reprimand category are not grievable. | |
| Detail: Employee or their representative has right to review allegations at least 48 hours prior to interview. Reprimands may be appealed to department head, but are not subject to union grievance procedure. In cases of dismissal, employee and HR shall be notified in writing at least 15 days prior to effective date of dismissal. | |
| Omaha, NE | YES |
| Summary: Primary discipline authority: City of Omaha, Police Department; Types: Reprimand, suspension, demotion, discharge; Restricted aspects: No employee may be disciplined based solely on information from GPS. This does not apply for criminal investigations; Challenge/appeal process: Appeal procedure to either Personnel Board or Arbitration. | |
| Detail: If employee elects for arbitration, they shall use procedure laid out in Article 8 Step 3. Employee suspension without pay may not exceed 20 working days, 40 days in any 12 month period. Employee may substitute annual leave or compensatory time for suspensions of 5 days or less, or unappealed suspensions greater than 5 days. Prior to discharge, employee has right to present his part of the facts to an impartial city decision maker. Except for criminal investigations, employees shall be disciplined within 100 days of violation occurring. Employee shall be informed 24 hours prior to formal interview. Disciplinary action is not subject to the union grievance procedure. | |
| New Hampshire | YES |
| Summary: Primary discipline authority: Division of Police, State of New Hampshire; Types: Written warning, the withholding of an annual increment, a suspension, a demotion or a dismissal; Restrictions/alternatives: N/A; Challenge/appeal process: Union grievance procedure. | |
| Detail: Defines disciplinary action as "action resulting in a written warning, the withholding of an annual increment, a suspension, a demotion or a dismissal, as stated in the Administrative Rules of the Division of Personnel." States that officers subject to an investigatory interview that the officer feels may result in disciplinary action may request union representation during the interview. | |
| New Jersey | YES |
| Summary: Primary discipline authority: Department, State of New Jersey; Types: Official written reprimand, fine, suspension without pay, reduction in grade, dismissal; Restricted aspects: N/A; Challenge/appeal process: Union may appeal through advisory discipline arbitration process in article | |
| Detail: Name of dismissed/suspended employee shall be sent to union not to exceed 72 hours of notice to employee. Employee may request appeal and union representative at such hearing. Employee may request Civil Service Commission review if hearing is unsatisfactory. | |
| Jersey City, NJ | YES |
| Summary: Primary discipline authority: City of Jersey, Police Department; Types: Written reprimand, oral reprimand, discharge, suspension; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. Written reprimands may not be appealed. | |
| Detail: No hearing shall take place without union being first notified and officer given at least 5 days to receive counsel. | |
| Newark, NJ | YES |
| Summary: Primary discipline authority: City of Newark, Police Department; Types: Discharge, other discipline; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: Complaints must be filed within 45 days of individual obtaining sufficient information about the incident. This does not apply for citizen complaints or criminal investigations. | |
| New Mexico | NO CBA |
| Albuquerque, NM | YES |
| Summary: Primary discipline authority: City of Albuquerque, Police Department; Types: Written reprimand, suspension; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Employee is allowed union representation at disciplinary investigation. CBA is not specific about types of discipline except in context of grievance procedure. | |
| Nevada | YES |
| Summary: Primary discipline authority: Police Department (Appointing authority), State of Nevada; Types: Documented oral warnings, written reprimand, Suspension without pay, demotion, dismissal; Restricted aspects: Suspension from duty without pay shall not exceed 30 calendar days; Challenge/appeal process: Excepting oral warning, union grievance procedure | |
| Detail: Progressive discipline using the minimum level of discipline possible shall be followed except in cases of serious violations of law, regulation, or policy. Officers may request presence of any labor union or lawyer at any investigation where the officer is questioned regarding an allegation. | |
| Henderson, NV | YES |
| Summary: Primary discipline authority: City of Henderson, Police Department; Types: Suspension, Demotion, Disciplinary Probation, Termination; Restricted aspects: Suspension, demotion, termination require pre-disciplinary hearings; Challenge/appeal process: Union grievance procedure | |
| Detail: Probation is not to exceed 6 months. Employee shall be notified in writing of any disciplinary action and shall have the opportunity to discuss with city manager or designee in person or respond in writing. | |
| Las Vegas, NV | YES |
| Summary: Primary discipline authority: City of Las Vegas, Police Department; Types: Written reprimand, minor suspension, major suspension, disciplinary transfer; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Nevada Revised Statutes are controlling authority over discipline. | |
| North Las Vegas, NV | YES |
| Summary: Primary discipline authority: City of North Las Vegas, Police Department; Types: Formal oral reprimand, written reprimand, suspension without pay, demotion, permanent separation; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Reno, NV | YES |
| Summary: Primary discipline authority: City of Reno, Police Department; Types: Discharge, demotion, suspension, written reprimand; Restricted aspects: N/A; Challenge/appeal process: Appeal procedure or civil service procedure | |
| Detail: If employee chooses to appeal through arbitration, they must sign a waiver waiving their right to pursue civil service remedies. There is a three-step appeal process to chief, city manager, and lastly arbitration. | |
| New York | NO |
| Buffalo, NY | UNKNOWN |
| New York, NY | NO |
| Ohio | YES |
| Summary: Primary discipline authority: Police Department, State of Ohio; Types: Written reprimand, suspension, working suspension, demotion, removal; Restricted aspects: Suspension not to exceed 5 days shall only be implemented after approval from Office of Collective Bargaining; Challenge/appeal process: Union grievance procedure, but will be limited to challenge of if employee's action constitutes a violation of work rule, not the level of discipline itself. | |
| Detail: Employer shall follows principles of progressive discipline. Employee may be placed on paid administrative leave with purpose of investigating the event or condition and shall not be considered discipline or grievable provided the employee does not lose pay or benefits. Exceptions can be found in ORC Section 124.388(B) | |
| Cincinnati, OH | YES |
| Summary: Primary discipline authority: City of Cincinnati, Police Department; Types: Suspension, demotion, discharge; Restricted aspects: time limit for filing; for termination, officers must choose either grievance procedure or appeal through civil service laws Challenge/appeal process: Union grievance procedure | |
| Detail: There is a three-step grievance procedure in the CBA available to the officer union, including for disciplinary actions taken against the officer. Officers seeking a grievance must submit the complaint to the union, which then files the grievance with the department if the union believes the complaint has merit. Step 1 of the process is to submit the grievance to the chief of police following discussion with the officer's direct supervisors and chain of command. If the chief's determination is not satisfactory to the union, Step 2 is to submit the grievance to the city administration's human resource director. The union can appeal the city's decision from step 2 through step 3, which has two parts. The first is mediation with the city through a mutually agreed upon mediator. If mediation fails, the second part of Step 3 is arbitration through a third-party arbitrator. | |
| Cleveland, OH | YES |
| Summary: Primary discipline authority: City of Cleveland, Police Department; Types: Suspension, demotion, discharge; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Employee bill of rights lists employee's right to be informed prior to investigatory interview of charges. The employee has the right to union representation at such an interview. When a complaint is filed more than 6 months after the incident and the complaint cannot lead to a criminal charge, the employee may be ordered to respond to the complaint but shall not be disciplined for it. There is a grievance procedure available to officers to appeal disciplinary action. Officers seeking a grievance must submit it in writing and have it signed by a union representative within 14 days. Step 1 of the process is to submit the grievance to the chief of police to be discussed with the union president. If the chief's determination is not satisfactory, Step 2 is to submit the grievance to the safety director for review with the union president. If the safety director's determination is not satisfactory, Step 3 is to submit the grievance to the Department of Human Resources for review. If the department's determination is not satisfactory, Step 4 allows the union to submit the grievance to a third-party arbitrator. | |
| Columbus, OH | YES |
| Summary: Primary discipline authority: City of Columbus, Police Department; Types: Termination, Demotion, suspension, forfeiture of accrued leave, documented constructive counseling, written reprimand; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, except probationary employees | |
| Detail: Accrued leave may be forfeited in lieu of suspension without pay. Member shall be allowed union representation at departmental hearings. Record retention for different kinds of disciplinary actions against employees is listed. Disciplinary decisions imposed by the public safety director are considered a Step 4 grievance answer and can be submitted directly to a third-party arbitrator for appeal. | |
| Toledo, OH | YES |
| Summary: Primary discipline authority: City of Toledo, Police Department; Types: Verbal/written reprimand, suspension, dismissal; Restricted aspects: N/A; Challenge/appeal process: Suspension or dismissal may be appealed to Civil Service Commission or final and binding arbitration | |
| Detail: The employee has the right to counsel and/or union member representation at disciplinary hearings. Employees may request a hearing no sooner than 7 days and no more than 14 days after receiving written charges. Suspension or dismissal of an officer may be appealed to the Civil Service Commission or submitted to a third-party arbitrator for review. The union can also appeal verbal or written reprimands added to an officer's personnel record by submitting a written complaint to the chief of police to request review of the reprimand. | |
| Oklahoma | NO CBA |
| Oklahoma City, OK | YES |
| Summary: Primary discipline authority: City of Oklahoma City, Police Department; Types: Discipline, suspend, demotion, discharge; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: There is a Probationary Review Board that shall convene to hear allegations of misconduct. Management has the right to discipline, suspend, discharge. Employees have right to representation before and during interrogation. If investigations are not concluded within 90 days, employees shall be informed why. | |
| Tulsa, OK | YES |
| Summary: Primary discipline authority: City of Tulsa, Police Department; Types: Suspension, demotion, dismissal; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, Civil Service Commission, or arbitration | |
| Detail: Employees will be notified of charges prior to interrogation and will be allowed union/legal representation. Officer will be informed at 90 days regarding status of investigation if not resolved. | |
| Oregon | YES |
| Summary: Primary discipline authority: Police Department, State of Oregon; Types: Written reprimand, reduction in pay, suspension, demotion, dismissal; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Employee has right to union representation at investigatory interview which employee reasonably believes may result in disciplinary action. Where dismissal may be contemplated, employee will be furnished a pre-dismissal notice in writing. Employee shall be allowed union representative or shop steward at meeting to refute charges. Unless employee waives in writing, notices of pre-dismissal, suspension, reduction, demotion and dismissal shall be sent electronically to union on same day the employee is notified. | |
| Portland, OR | YES |
| Summary: Primary discipline authority: City of Portland, Police Department; Types: Written reprimand, suspension, demotion, termination; Restricted aspects: N/A; Challenge/appeal process: Demotion or Termination subject to union grievance procedure or civil service procedure. | |
| Detail: Employee may choose to elect rights for appeal or union can exercise grievance procedure. Once chosen, this decision is final. | |
| Pennsylvania | YES |
| Summary: Primary discipline authority: State of Pennsylvania, Police Department; Types: Termination, suspension; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, probationary employees may not appeal. | |
| Detail: Employee permitted union representative at investigatory meeting. In cases where result could be termination, employee may be placed on suspension without pay for up to 20 days. If investigation has not concluded after 20 days, employee shall be placed on suspension with pay. Appendix D lists potential offenses that are considered "just cause." | |
| Philadelphia, PA | NO |
| Pittsburgh, PA | YES |
| Summary: Primary discipline authority: City of Pittsburgh, Police Department; Types: Oral/written reprimand, reassignment/transfer, demotion, suspension, termination; Restricted aspects: N/A; Challenge/appeal process: Arbitration | |
| Detail: Disciplinary Matrix and Sanction Spreadsheet and a list of terminable offenses are included in the appendices of the CBA. | |
| Rhode Island | YES |
| Summary: Primary discipline authority: State of Rhode Island, Police Department; Types: Suspension, demotion, discharge, other disciplinary action; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. | |
| Detail: The superintendent may discipline for just cause within the context of the grievance procedure | |
| South Carolina | NO CBA |
| South Dakota | NO CBA |
| Tennessee | NO CBA |
| Memphis, TN | YES |
| Summary: Primary discipline authority: City of Memphis, Police Department; Types: Oral reprimand, written reprimand, suspension without pay, reduction in rank, termination; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. | |
| Detail: Officer has right to representation when disciplinary matter could become part of employee's personal file. Advance notice of administrative hearing on departmental charges shall be given no less than 96 hours before hearing. | |
| Nashville, TN | YES |
| Summary: Primary discipline authority: City of Nashville, Police Department; Types: Suspension, demotion, dismissal; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: Refers to Civil Service Rule 6.3, Corrective Action and Civil Service Rule 6.5, Types of Disciplinary Action for further details. Employee has right to representation at grievance procedure. | |
| Texas | NO CBA |
| Arlington, TX | NO CBA |
| Austin, TX | YES |
| Summary: Primary discipline authority: City of Austin, Police Department; Types: defined as suspension, indefinite suspension, demotion in rank, reprimand, or any combination of those actions Restricted aspects: N/A; Challenge/appeal process: Officers may appeal suspension before hearing examiner or Civil Service Commission. | |
| Detail: Officer may use vacation time during suspension at discretion of chief. Lays out specific appeal process for different kinds of suspensions. Officer has right to union representation during administrative or investigatory hearing. Disciplinary matters are not subject to union grievance procedure. | |
| Corpus Christi, TX | YES |
| Summary: Primary discipline authority: City of Corpus Christi, Police Department; Types: Demotion, temporary suspension, termination, "alternate disciplinary actions"; Restricted aspects: Temporary suspension shall not exceed 240 work hours; Challenge/appeal process: Union grievance procedure | |
| Detail: Chief has sole discretion to use alternative disciplinary actions "in the nature of required attendance at and participation in remedial, educational or rehabilitative programs." Except for exigent circumstances, employee shall be informed of investigatory interview 48 hours prior. Employee has right to attorney or union representation at such interview unless they waive this right in writing. Employee and union shall be provided contemplated disciplinary action with chance to rebut within 14 days. Employee may appeal to arbitration. | |
| Dallas, TX | YES |
| Summary: Primary discipline authority: City of Dallas, Police Department; Types: Demotion, Suspension, discharge, reprimand; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: Management rights are listed which includes right to discipline. | |
| El Paso, TX | YES |
| Summary: Primary discipline authority: City of El Paso, Police Department; Types: Demotion, termination, suspension; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, employee may elect to use arbitration instead for certain cases | |
| Detail: City has right to discipline employees according to City Charter of 1984 as amended February 7, 2004 and Civil Service Rules in effect upon execution of CBA. During hearing of appeal or arbitration employee has right to union representation. | |
| Fort Worth, TX | YES |
| Summary: Primary discipline authority: City of Fort Worth, Police Department; Types: Suspension; Restricted aspects: N/A; Challenge/appeal process: Civil Service Commission or third party hearing examiner | |
| Detail: Officer shall be informed at least 48 hrs prior to administrative interview. Officer has right to union representation at such meeting. However, officer must inform department at least 2 hour prior to meeting of union representative who will be present. If this is not met, the union representative may not be allowed to be present. Management Rights states the city's right to "demote, discipline, suspend, discharge." | |
| Garland, TX | NO CBA |
| Houston, TX | YES |
| Summary: Primary discipline authority: City of Houston, Police Department; Types: Suspension, written reprimand; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Officers may elect to have amount of suspension deducted from PTO bank. Officers shall be notified 48 hours before investigatory meeting. | |
| Irving, TX | NO CBA |
| Laredo, TX | YES |
| Summary: Primary discipline authority: City of Laredo, Police Department; Types: Letters of reprimand, demotion, temporary suspension (not to exceed 30 days), indefinite suspension; Restricted aspects: N/A; Challenge/appeal process: Appeal to hearing examiner or Civil Service Commission under TLGC | |
| Detail: When officer has committed a felony or Class A or B misdemeanor, Texas Code of Criminal Procedure, Chapter 12 shall apply. | |
| Lubbock, TX | NO CBA |
| Plano, TX | NO CBA |
| San Antonio, TX | YES |
| Summary: Primary discipline authority: City of San Antonio, Police Department; Types: Demotion, suspension, termination; Restricted aspects: N/A; Challenge/appeal process: Arbitration | |
| Detail: Officer shall be informed of charges and contemplated disciplinary action, with the chance to rebut within 7 days. Chief has the authority to suspend no more than 120 days. | |
| Utah | NO CBA |
| Virginia | NO CBA |
| Chesapeake, VA | NO CBA |
| Norfolk, VA | NO CBA |
| Richmond, VA | NO CBA |
| Virginia Beach, VA | NO CBA |
| Vermont | YES |
| Summary: Primary discipline authority: Commissioner of Human Resources; Types: Written reprimand, transfer, reassignment, suspension without pay, forfeiture of pay/rights, demotion, dismissal, oral notice of performance deficiency, written performance evaluation, warning period placement; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Detail: Defines "disciplinary action" as "any action taken by the Commissioner as a result of an employee's violation of the Code of Conduct" which includes written reprimand, transfer, reassignment, suspension without pay, forfeiture of pay and/or other rights, demotion, dismissal, or a combination thereof. Defines "corrective action" as "any action taken by the Commissioner or designee as a result of an employee's substandard job performance" which includes oral notice of performance deficiency, written performance evaluation, placement in a warning period, transfer, reassignment, demotion, dismissal, or a combination thereof. Establishes a 30-day timeframe for investigations, followed by a 30-day timeframe for notice of disposition. Puts forth the following progressive schedule of corrective action: oral notice of deficient performance; written performance evaluation; warning period; transfer/reassignment/demotion/dismissal or a combination thereof. States that officers may request union representation when giving oral/written statements or participating in meetings that could result in disciplinary action. | |
| Washington | YES |
| Summary: Primary discipline authority: State of Washington, Police Department; Types: Suspension, discharge, demotion, written reprimand; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, counseling and oral reprimands may not use this procedure. | |
| Detail: Discipline shall follow progressive standard, using lowest possible level of correction possible. Suspension and demotion of probationary employee may not be appealed. In lieu of suspension, employees may choose to substitute accrued vacation/compensatory time up to 15 days in 3 year period OR substitute a reduction in pay equal to amount the suspension would incur. Employee has minimum 10 days to review case for a major complaint, minimum 7 for a minor complaint. Employee may request union representation at disciplinary conference. | |
| Seattle, WA | YES |
| Summary: Primary discipline authority: City of Seattle, Police Department; Types: Written reprimand, suspension, transfer, demotion, discharge; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure. | |
| Detail: Employees must receive written notice before hearing. Employees have right to union and legal representation at due process hearing. | |
| Wisconsin | YES |
| Summary: Primary discipline authority: State of Wisconsin, Police Department; Types: Suspend, demote, discharge, written reprimand, other appropriate disciplinary action; Restricted aspects: Unpaid suspension not to exceed 30 days; Challenge/appeal process: Union grievance procedure | |
| Detail: No suspension without pay for more than 30 days Employee shall be entitled to representative at disciplinary meeting. Probationary employees have right to hearing for release at discretion of Wisconsin Employment Relations Commission | |
| Madison, WI | YES |
| Summary: Primary discipline authority: City of Madison, Police Department; Types: N/A; Restricted aspects: N/A; Challenge/appeal process: N/A | |
| Detail: Written notice shall be provided to employee for reasons for discipline. | |
| Milwaukee, WI | YES |
| Summary: Primary discipline authority: City of Milwaukee, Police Department; Types: Discipline, demotion, discharge; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure for matters not appealable to Board of Fire and Police Commissioners. Probationary employees do not have access to this procedure. | |
| Detail: If any change to WI statute is enacted that effects the union's ability to arbitrate discipline, the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at mutual amendment to article 7 only. Member may substitute discretionary time off in lieu of suspension. | |
| West Virginia | UNKNOWN |
| Wyoming | NO CBA |