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<br />SUBJECT POLICY # Page of <br />OFFICE OF PROFESSIONAl, STANDARDS (O.P.S.) 1.05 40f6 <br /> <br />."J <br /> <br />1. Unfounded- There was insufficient evidence to prove the complaint or <br />incident is false or not factual and did not occur. <br /> <br />2. Exonerated- There is sufficient evidence which indicates that the act <br />or incident did occur, but the actions were justified, lawful and proper. <br /> <br />3. Not Sustained- There is insufficient evidence to clearly prove or <br />disprove the complaint or incident. <br /> <br />4. Sustained- There is sufficient evidence to establish that the incident <br />did occur and the facts and circumstances support the determination <br />that these actions constitute misconduct. <br /> <br />5. Policy Failure- The evidence indicates the act or incident did occur, <br />but the behavior is not clearly covered by policy. <br /> <br />6. Closed- The complaint has been previously investigated and there is <br />no new evidence that would require the complaint to be reinvestigated. <br /> <br />K. <br /> <br />The Sheriff will evaluate the investigation and Concur or Not Concur with <br />the findings of the Office of Professional Standards. <br /> <br />~ <br /> <br />L. If the Sheriff Concurs, the file will then be given to the officer's direct <br />supervisor. In most cases this will be a sergeant, but may be a jail corporal, <br />who will recommend discipline and provide in writing their rationale for the <br />discipline. <br /> <br />M. The file is then given to the next level of supervision Captain/Lieutenant who <br />will also evaluate the investigation and the recommendation by the first <br />supervisor and concur or not concur. Their rationale must be in writing. <br /> <br />N. The file is then given to the Chief Deputy who will also evaluate the <br />investigation and recommend concur or not concur. The Chief Deputy's <br />rationale must be in writing. <br /> <br />O. The file is then returned to the Sheriff for review. The Sheriff will review all <br />disciplinary recommendations. The Sheriff will concur or not concur with <br />the recommended discipline. All final discipline is at the discretion of the <br />Sheriff. If the Sheriff agrees with the recommended discipline one of two <br />things will occur. <br /> <br />1. <br /> <br />If the reprimand is a written reprimand, follow up training, or involves <br />no loss of work time causing a monetary loss to the employee, the <br /> <br />J <br />