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Early Warning System

SHREWSBURY BOROUGH POLICE DEPARTMENT – Early Warning System 

SHREWSBURY BOROUGH POLIICE DEPARTMENT GENERAL ORDER EARLY WARNING SYSTEM

BY THE ORDER OF:  Chief Robert G. Turner

EFFECTIVE DATE: January 1, 2017

ACCREDITATION STANDARDS: 2.2.3

PURPOSE: The purpose of this general order is to establish a personnel early warning system.

POLICY: It is the policy of this department to implement and utilize Guardian Tracking® Software as an early warning system for tracking and reviewing incidents of risk and provide timely intervention consistent with Attorney General Guidelines.

PROCEDURE:

I. EARLY WARNING SYSTEM

  1. The Early Warning System is designed to detect patterns and trends before the conduct escalates into more serious problems. As such, employees must understand that the early warning system is not identical to the disciplinary process. Although it is possible that disciplinary action may be taken as the result of evidence that rules and regulations were violated, this is not the sole or even primary intent of the system. The primary intent of an early warning system is to address potential problems through the use of appropriate management and supervisory strategies before formal discipline is warranted.
     
  2. Many different measures of employee performance (actions or behaviors) can be regularly examined for patterns or practices that may indicate potential problems. These performance measures may include, but are not limited to, the following documented indicators:
     
  1. Motor vehicle stop data;
  2. Search and seizure data;
  3. Internal complaints, regardless of outcome;
  4. Civil actions filed, regardless of outcome;
  5. Incidents of force usage, including firearms discharges and use of non-deadly force;
  6. Claims of duty-related injury;
  7. Arrests for resisting arrest;
  8. Arrests for assault on a law enforcement officer;
  9. Criminal investigations or complaints made against the employee;
  10. Vehicular pursuits;
  11. Vehicular collisions;
  12. Cases rejected or dismissed by the prosecutor;
  13. Evidence suppressed by the court;
  14. All domestic violence incidents (regardless of whether or not a complaint or TRO/FRO was  issued;
  15. Domestic violence investigations (as an alleged actor);
  16. Off-Duty Contact with Law Enforcement Agencies as a result of personal conduct;
  17. Attendance record.

 

  1. Generally, three (3) instances of questionable conduct or flag indicators within the same six (6) month period would initiate the early warning system process.

II. SUPERVISORS

  1. An employee’s first line supervisor is usually the first member of the department to encounter and document specific incidents that affect an employee. It is essential for the supervisor to speak with the employee, document these incidents and report findings to the commander. The success of this program relies heavily on the first line supervisor’s participation and involvement.
     
  2. If a supervisor has initiated remedial/corrective intervention, Internal Affairs shall be formally notified of such efforts through the Guardian Tracking® Software. The incident narrative placed in the Guardian Tracking® Software may serve as adequate documentation.
     
  3. Guardian Tracking® Software

 

  1. Guardian Tracking® Software allows supervisors the ability to document routine performance in one centralized location during the course of an evaluation period. As incidents are entered, Guardian Tracking® Software will monitor the frequency of specific incidents to determine if early intervention is warranted.
  2. Supervisors will not document routine performance in any other format. All performance documentation will be entered into the Guardian Tracking® Software.
  3. Supervisors will have access to make entries and view all employees under their chain of command.
  4. Supervisors, who identify deficiencies with other personnel outside of their chain of command, will submit the nature of the performance deficiency directly to the employee involved. Supervisors within the chain of command will, by default, have access to this newly created documentation.

    a. This process does not relieve the documenting supervisors of the obligation to take immediate action to correct serious infractions that may result in liability, injury, and/or disrepute.
     
  5. Supervisors, who identify and wish to document positive performance conduct on other personnel, outside of their chain of command, will submit the nature of the performance directly to the employee involved. Supervisors within the chain of command will, by default, have access to this newly created documentation.

III. DIVISION COMMANDER

  1. The early warning system is primarily the responsibility of the Division Commander; but, any supervisor may initiate the early warning process based upon his or her own observations. Emphasis should be placed on anticipating employee problems before it results in improper performance or conduct.
     
  2. The Division Commander shall be alerted by the Guardian Tracking® Software if an employee has the emergence of a pattern, practices or trend of inappropriate behavior or misconduct. In addition, the Division Commander shall query the Guardian Tracking® Software and review an individual employee's history any time a new internal affairs complaint is received.

    1. Using this information, the Division Commander may be able to identify employees who may need remedial/corrective intervention even before such is indicated by the Guardian Tracking® Software.
     
  3. If the Guardian Tracking® Software indicates the emergence of a pattern, practices or trend of inappropriate behavior or misconduct, the Division Commander shall consult with the employee’s supervisor.
     
  4. The Division Commander and the employee’s supervisor shall review the information along with any other relevant information from department records for the purpose of initiating a course of intervention designed to correct/interrupt the emerging pattern, practice or trend.

 

  1. If the Guardian Tracking® Software has returned an incorrect identification or "false positive," that conclusion should be documented.
  2. If the Guardian Tracking® Software reveals that an employee has violated department rules and regulations or general orders, the supervisor after consultation with the Division Commander should proceed with an internal investigation and possible disciplinary action.
  3. If the Guardian Tracking® Software reveals that the employee has engaged in conduct which indicates a lack of understanding or inability to comply with accepted procedures, the supervisor shall consult with the Division Commander to determine the appropriate course of remedial/corrective intervention.

 

  1. When under early warning system monitoring, the Division Commander shall meet with the employee and supervisor to discuss the situation in depth to:

 

  1. Identify problems or potential problems;
  2. Determine short and long-term goals for improvement;
  3. Come to a consensus commitment on a plan for long-term improved performance;
  4. Advise of the monitoring process and the repercussions of future sustained transgressions.

 

  1. Generally, personnel should expect to remain under intensive monitoring and supervision for six (6) months when an early warning flag is triggered.
     
  2. Employee Meeting

 

  1. All employee meetings shall be thoroughly documented in the Guardian Tracking® Software, which will automatically be forwarded to the Chief of Police or his designee. The affected employee and supervisors shall meet on a regular basis, minimally monthly, to discuss progress towards the agreed upon goals and objectives.
  2. All regular monthly progress/status reports shall be submitted via the Guardian Tracking® Software.
  3. An additional six (6) months of documented monitoring is required following removal from the early warning system. Monthly monitoring reports from the direct supervisor are required.

IV. REMEDIAL/CORRECTIVE INTERVENTION

  1. A. Supervisory or command personnel may initiate remedial/corrective intervention to correct behavior. Remedial/corrective intervention may include, but is not limited to:

 

  1. Training;
  2. Retraining;
  3. Counseling;
  4. Intensive supervision;
  5. Fitness for duty examination;
  6. Employee Assistance Program, when warranted, if available;
  7. Peer counseling.

 

  1. Internal disciplinary action, remedial/corrective intervention, and fitness for duty examinations are not mutually exclusive and should be jointly pursued if and when appropriate.
     
  2. When remedial/corrective intervention has been undertaken, the Chief of Police shall ensure that such actions are documented in writing. No entry should be made in the employee's personnel file, unless the action results in a sustained investigation. If the remedial/corrective intervention is a training program, attendance and successful completion of that program should be noted in the employee's training record.

V. MONMOUTH COUNTY PROSECUTOR’S OFFICE NOTIFICATIONS

  1. Domestic Violence Protocol

 

  1. For all incidents where it is alleged that a law enforcement officer committed an act of domestic violence or was the victim of domestic violence, regardless of whether or not complaints and/or a temporary or final restraining order has been issued, the Chief of Police or his/her designee shall promptly notify the Monmouth County Prosecutor’s Office Professional Responsibility and Bias Crime Unit by emailing  mcpopru@mcponj.org .

  2. All police officers of the Shrewsbury Borough Police Department are required to identify themselves as law enforcement officers to responding officers when their off-duty conduct results in a police call, regardless of whether or not complaints and/or a temporary or final restraining order has been issued. The involved off-duty police officer shall also be required to self-report the incident to Internal Affairs. Said identification will ensure that the responding police department may notify the involved officer's agency of said police call. Notification is not required when the police involvement consists of minor traffic infractions where no injury was sustained by any party. A police officer's failure to make such notification may result in departmental discipline in accordance with departmental policy and procedures.

  3. This notification should include the following information:

 

  1. Agency name;

  2. Officer’s name;

  3. Victim’s name, if other than officer;

  4. Reported date/time;

  5. Date of incident, if other than reported date/time;

  6. Incident location, including municipality;

  7. Assigned case number;

  8. Nature of incident;

  9. Injuries sustained by victim;

  10. Witness names;

  11. Criminal complaint and/or TRO/FRO issued;

  12. Assigned personnel, e.g., (local law enforcement officer, internal affairs officer); and

  13. Copies of all police reports and relevant paperwork, e.g., (complaint, TRO, VNF, etc.).

 

  1. All emergent matters shall be reported directly to the Monmouth County Prosecutor’s Office Professional Responsibility and Bias Crime Unit by calling 732-577-8700.

  2. The Shrewsbury Borough Police Department shall provide to the Monmouth County Prosecutor’s Office Professional Responsibility and Bias Crimes Unit a listing of any and all calls where it is alleged that a law enforcement officer committed an act of domestic violence or was the victim of domestic violence, regardless of whether or not complaints and/or a temporary or final restraining order has been issued to include, but not limited to:

 

  1. All incidents that occurred within their jurisdiction in the past three (3) years;

  2. All out of county and/or state notifications of domestic violence calls involving law enforcement officers;

  3. Verification that if an officer from another county, state or out of state agency was involved that notification has been made to the involved officer’s employing agency.

 

  1. It is the continuing responsibility of the Professional Responsibility and Bias Crimes Unit to open a file, review the incident, and investigate the matter further, if necessary.

B. Fitness-for-Duty Protocol

  1. The Chief of Police or his/her designee shall make notification to the Monmouth County Prosecutor’s Office Professional Responsibility and Bias Crimes Unit by emailing  mcpopru@mcponj.org  to include, but not limited to the following:

 

  1. Any time an officer is sent for a fitness for duty evaluation regardless of the reason for the evaluation;
  2. Any time an officer is disarmed, regardless of the reason for the disarming;
  3. Any time the early warning system results in the law enforcement officer being counseled, disciplined, sent for a fitness for duty evaluation, or disarmed; or
  4. Any time the early warning system indicates the officer has received three (3) citizen complaints within a six (6) month period, regardless of the reason.

 

  1. All emergent matters shall be reported directly to the Monmouth County Prosecutor’s Office Professional Responsibility and Bias Crime Unit by calling 732-577-8700.
  2. When a law enforcement officer has been disarmed, regardless of the reason and prior to the Shrewsbury Borough Police Department rearming the officer, the Monmouth County Prosecutor’s Office must be provided with a copy of the corresponding fitness-for-duty report and a written plan regarding the rearming of the officer. This written plan should include whether or not the rearming will be conditional or unconditional. If it is a conditional rearming, the agency must notify the Monmouth County Prosecutor’s Office of all the terms of the conditional rearming, and the duration of the conditional rearming.
  3. In addition, whenever the Shrewsbury Borough Police Department sends any officer for a fitness-for-duty evaluation, the Chief of Police or his/her designee is also required to submit to the physician, psychiatrist or psychologist an itemized list of the documents it forwarded to him/her along with the documents it submitted. A copy of this itemized list must be maintained in the agency’s internal affairs file and made available to the Monmouth County Prosecutor’s Office upon request.
  4. It is the continuing responsibility of the Professional Responsibility and Bias Crimes Unit to open a file, review the incident, and investigate the matter further, if necessary.

VI. ANNUAL REVIEW

  1. The Shrewsbury Borough Police Department shall review its early warning system on an annual basis during the month of January. The Chief of Police or his/her designee shall provide a letter to the Monmouth County Prosecutor’s Office documenting proof of such review. The review shall include, but not be limited, to the following:

 

  1. Number of audits conducted;
  2. Number of employees flagged;
  3. Number of instances where remedial/corrective action was taken;
  4. Number of internal affairs cases opened as result of early warning system;
  5. Changes in number of internal affairs complaints with reference to flagged indicators and whether they have increased/decreased;
  6. Number of notifications made to the Monmouth County Prosecutor’s Office.

 

Borough of Shrewsbury
419 Sycamore Avenue, Shrewsbury NJ 07702
Phone (732) 741-4200     Fax (732) 741-6549