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14.2.2b Disciplinary Offenses (CALEA 26.1.

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b. Rules of Conduct
Discipline is imposed as part of an administrative process and is without regard to penalty
or lack of penalty or action or non-action by any entity other than the Department of
Emergency Services and Public Protection, as the employer. Prior to the imposition of
any discipline, the “just cause” standard must be present and satisfied.

(1) The following Rules of Conduct and specific disciplinary offenses are listed as follows in
four categories of descending severity:

(a) Serious Offenses, which may result in termination of employment:

1. Any conduct which results in the inability of an employee to


perform his/her essential job function, e.g., loss of driver’s
license, suspension of police powers;

2. Commission of a felony of any type or a misdemeanor which


results in incarceration, is related to the employee’s employment
or the nature of the underlying conduct would adversely impact
the employee’s ability to perform his/her job;

3. Engaging in domestic violence involving physical abuse of any


victim;

4. Any use or threatened use of a firearm or unnecessary or


improper use of force against any individual except as
appropriate in the scope of employment or in self-defense or in
defense of others;

5. Engaging in any form of sexual activity in any place while on


duty; or off duty in any state facility or utilizing a state vehicle;

6. Unlawful discrimination, including sexual harassment


and racial profiling as defined in Chapters 4 and 16 of the A&O
manual;

7. Commission of an intentional act of deception during any


criminal, civil or administrative investigation or proceeding, or on
and official department form report or system including (a) lying
by either omission or commission; (b) misleading; (c) civil or
criminal fraud; and/or (d) perjury;

8. Use or possession of any illegal substance or of any controlled


substance obtained illegally or the abuse of any controlled
substance, or illegally obtained prescription drugs, either on or off
duty; and

9. Utilization of the employee’s position as a member of the


Department of Emergency Services and Public Protection for
their own benefit or for some purpose other than in furtherance of
the mission of the agency, e.g. “fixing” or attempting to “fix” a
ticket, a serious violation of the State Ethics Code, utilization of
department information or equipment for personal gain, cheating
on competitive examinations for promotion or selection to a
specialized unit.

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(b) Serious offenses that may result in suspension without pay or
termination of employment:

1. Improper use of prescription or over the counter drugs and


alcohol including consumption or transportation ;

2. Misuse of state equipment, e.g. vehicle, computer, phone, credit


card ;

3. Failure to obey or execute orders or directives, including


insubordination ;

4. Failure to provide assistance to citizens, e.g. emergency aid,


motorist assistance and cowardice; and

5. Any regular, continuous, associations, or dealings with any


person whom:

[a] The employee knows or should have known is under


criminal investigation or indictment, or

[b] Has a reputation in the community or the department


for past or present criminal involvement.

Note: Exceptions shall exist to these provisions when


necessary to perform official duties, with the
knowledge and approval of the employee’s
commanding officer, or when an immediate
family relationship exists between the parties.

(c) Serious offenses that may result in suspension without pay:

1. Failure to take citizen complaints ;

2. Failure to provide or the concealment of information or evidence.;

3. Failure to submit required reports; and

4. Improper use or release of information that would be detrimental


to any individual or that would be illegal or adversely impact any
investigation of the Department.

(d) Offenses that may result in disciplinary action:

1. Any violation of the A&O manual not specifically mentioned


above. ;

2. Failure to adhere to all appearance standards including proper


use, maintenance and repair of state property;

3. Failure to display the proper attitude and demeanor of an


employee of the Department of Emergency Services and Public
Protection;

4. Failure to adhere to all attendance related rules and regulations


including reporting requirements;

5. Failure to perform the duties of his/her position. Inattention and


incompetence are examples of such failure; and

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6. Any conduct that would reflect negatively on the Department of
Emergency Services and Public Protection, i.e.; membership in
organizations damaging to the department, making of
unauthorized statements, failure to cooperate with the media,
conduct unbecoming.

(2) Prior conduct that resulted in disciplinary action or any other administrative action
with a lesser consequence shall be considered in determining the appropriate
level of discipline in any pending matter.

c. Imposing discipline -- just cause (CALEA 26.1.4c)


The imposition of discipline requires a finding of “just cause.”

(1) “Just cause” is defined in §5-240-1a(c) of the Regulations of Connecticut State Agencies.

(a) A finding of “just cause” requires:

1. Prior warning of the rule and consequences for violation;

2. Reasonable rules which are consistently applied;

3. A fair investigation with substantial proof of violation of the


rule(s); and

4. The penalty fits the violation.

Revised May 23rd, 2013 Page 3 of 3

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