Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-10-2 - DefinitionsAs used in this rule, unless used in a context that clearly requires a different meaning, the following terms shall mean:
2.1. Administrative or Internal Investigation: An investigation conducted at the direction of the Superintendent and pursuant to a special order, by or on behalf of the Professional Standards Section, intended to determine if misconduct has occurred and whether administrative sanctions are warranted for an employee named in a complaint.2.2. Case File: The entire collection of confidential documents and certain items of tangible evidence, including the final report, relating to an internal investigation.2.3. Complaint: Any allegation of an act by an employee which is contrary to written rules, procedures, directives, or orders of the State Police; or an act or omission which, if substantiated, would constitute a violation of the law or which tends to indicate an actual or potential defect in agency rules, policies, procedures, directives, orders, or the delivery of services. A disagreement with a policy or law or the proper application of a policy or law is not considered a complaint.2.4. Counseling: A documented discussion with the employee about a work performance or behavior problem which, if not corrected, could lead to a disciplinary action.2.5. Critical Incident: Any incident where an employee is caused to employ potentially lethal force in the form of a firearm, a vehicle, or other potentially lethal force; an incident resulting in the death or severe injury of a co-worker or any other person; or the use of deadly force by anyone against the employee or a co-worker leading to death, physical injury, or psychological injury.2.6. Discharge: An involuntary dismissal from employment ordered by the Superintendent and effected by written State Police special order.2.7. Disciplinary action: Formal, corrective measures based on a violation of established standards of conduct, which includes discussion of the offense, an explanation of the evidence, and issuance of a written notice by the Superintendent.2.8. Early Identification System: A system designed to analyze real-time data pertaining to complaints lodged against employees and employee's involvement in response to resistance or aggression incidents. The system identifies employees who may be experiencing stress or other problems which may adversely affect job performance.2.9. Employee: Any employee of the State Police.2.10. Employee Grievance Procedures: The procedures initiated by sworn members and civilian employees, to address and resolve perceived adverse supervisory decisions, policy failures, and other work-related complaints.2.11. External Complaint: A complaint initiated by someone other than an employee.2.12. Insubordination: A willful disregard of an employer's instructions. An act of disobedience to proper authority. Insubordination shall include, but is not limited to, resistance or defiance of authority, disobedience, refusal or failure to obey reasonable and lawful instructions, insolence, rudeness, rebellious, or disobedient behavior.2.13. Internal Complaint: A complaint initiated by an employee.2.14. Investigator: Any supervisory member authorized by the Section to conduct an internal investigation as provided for in this rule.2.15. Officer-in-Charge, Professional Standards Section or OIC: That member designated by the Superintendent to oversee and direct the operations of the Section.2.16. Personnel Complaint Form: A form to file a formal complaint against an employee of the State Police that can be obtained via the State Police website or at any State Police facility.2.17. Section: The Professional Standards Section of the State Police.2.18. Section Files: The files maintained by the Section of the State Police which include reports of response to resistance or aggression incidents, vehicle pursuit documentation, department crashes, psychological assessments/fitness for duties, and internal/external complaints.2.19. Superintendent: The Superintendent of the State Police or his or her duly authorized agent.2.20. Suspension: An involuntary separation from the State Police during a limited period for disciplinary reasons.