Definitions

Progressive Discipline

A graduated system of disciplinary actions, typically verbal counseling → written reprimand → suspension → demotion → termination, calibrated to the severity and history.

Just Cause

The standard for discipline. The seven tests: notice of the rule, reasonableness of the rule, investigation, fair investigation, proof, equal treatment, appropriate penalty.

Grievance

A formal complaint by a member that a policy, decision, or action violates department rules, CBA, or law.

Purpose

To handle performance, conduct, and policy issues consistently and fairly, and to give members a clear path to challenge department actions they believe are unjust.

Scope

Applies to all members of [DEPARTMENT NAME], subject to any overriding provisions in a collective bargaining agreement (CBA), civil service rules, or state law.

Progressive Discipline

Except for serious violations, discipline proceeds progressively. Steps:

1. Verbal counseling — documented in a memo to file.
2. Written reprimand — signed by the member and placed in the personnel file.
3. Short suspension (1–5 shifts) with or without pay.
4. Long suspension (more than 5 shifts) with or without pay.
5. Demotion (where applicable).
6. Termination.

Bypassing Progressive Steps

The department may skip steps for serious violations, including:

• Criminal conduct on or off duty.
• On-duty intoxication or impairment.
• Theft, fraud, or falsification of records.
• Violence, threats, or harassment.
• Willful disregard of safety rules resulting in injury.
• Insubordination in the face of a lawful, safety-critical order.

Investigation

1. On notice of a potential violation, the Chief or designee opens an investigation.
2. The subject member is notified unless notice would compromise the investigation.
3. Witnesses are interviewed. Documents are collected.
4. The subject is given an opportunity to respond before discipline is imposed.
5. Findings are documented in writing and signed by the investigating officer.

Notice and Hearing

• Before discipline above verbal counseling is imposed, the member receives:
• — Written notice of the specific allegations.
• — Notice of the evidence supporting them.
• — A meaningful opportunity to respond (Loudermill for public employees).
• — For serious discipline, a hearing with representation.

Discipline

• Discipline is proportionate to the conduct, the member's history, and precedent in similar cases.
• Discipline is documented with the rule violated, the evidence, the response, the decision, and the penalty.
• The member receives a copy of the discipline memo.

Grievance Process

1. Step 1 — Informal: The member raises the issue with their immediate supervisor within 10 calendar days of the event. The supervisor responds within 5 calendar days.
2. Step 2 — Written: If not resolved, the member submits a written grievance to the Chief within 10 calendar days of the Step 1 response. The Chief responds in writing within 10 calendar days.
3. Step 3 — Appeal: If not resolved, the member appeals to [AHJ / Board / Civil Service / Arbitration per CBA] within the timeframe set by the governing body. The final decision is documented.
4. Retaliation for filing a grievance is prohibited.

Representation

• Members have the right to representation during investigatory interviews that may result in discipline (Weingarten rights for unionized members, similar protections broadly).
• Representatives may be a union rep, an attorney, or a fellow member, per CBA or state law.

Records

• Discipline records are maintained in the personnel file per the Recordkeeping SOP.
• Some records may be eligible for removal or sealing after a period of good standing — per CBA or department rule.

Responsibilities

Training Requirements

• All members: policy briefing at onboarding and annually.
• Supervisors: training on conducting investigations, due-process, and Weingarten.

References

• Due Process (14th Amendment)Public-employee property-interest analysis — Loudermill
• NLRA / State PERAWeingarten rights and equivalent protections
• Your CBA (if applicable)Collective bargaining agreement — controls where it addresses the same subject
• State Civil Service Rules[INSERT STATE] civil service procedures for covered members

Adapt this template

Before this template becomes your department's policy, review the following items and adjust accordingly. Anything else that does not match your operation should be updated as well.

• This SOP MUST be reviewed by qualified employment counsel before adoption.
• Align with your CBA — where the CBA addresses discipline or grievance procedures, it controls.
• Specify the identity of Step 2 and Step 3 decision-makers.
• Cross-reference Harassment and Recordkeeping SOPs.