Current through Register Vol. 46, No. 12, March 20, 2024
When the superintendent receives a report involving
accusations against a member that does not contain a final adjudication by the
troop or detail commander, the superintendent may dispose of the matter
by:
(a) a determination that no action
is warranted and that the matter is closed. The troop or detail commander and
the accused member will be so informed in writing; or
(b) a determination that the facts presented
are sufficient and of such a nature as to warrant:
(1) a letter of censure; or
(2) a letter of censure and probation for a
period not to exceed 90 days; in the event this action is taken, the troop or
detail commander and the accused member shall be so informed in writing;
or
(c) a determination
that the allegations or accusations and facts presented are of such a nature
that the charges should be prepared and served on the member in order that the
matter may proceed to a hearing, if the accused member so desires; or
(d) a determination that the matter is of
such a nature that it shall be referred to the first deputy superintendent with
findings and penalty to be determined by him.
(1) If the findings of the first deputy
superintendent are to the effect that the accused member is not guilty of the
accusation or accusations alleged, the matter shall be closed and all parties
in interest shall be promptly advised of this fact, in writing.
(2) If the findings of the first deputy
superintendent are that there is reasonable cause to believe the accused member
is guilty of the accusation or accusations alleged and that a penalty of:
(i) dismissal; or
(ii) suspension without pay for a period of
time in excess of 30 days; and/or
(iii) reduction in permanent rank would be
recommended; the first deputy superintendent shall recommend to the
superintendent that charges be prepared and served on the accused
member.
(3) If the
findings of the first deputy superintendent are that the accused member is
guilty of the accusation or accusations alleged and where disciplinary action
recommended does not involve:
(i) dismissal;
or
(ii) suspension without pay for
a period of 30 days; and/or
(iii)
reduction in permanent rank; the accused shall be notified in writing by the
first deputy superintendent and also orally by his troop or detail commander of
the findings and of the penalty imposed.
