Common use of Progressive Action Clause in Contracts

Progressive Action. For charges other than insubordination, the principles of progressive corrective action shall be followed for conduct not in violation of law. If the offenses are of a critical nature, the Chief of Police may determine that a different sequence is required. However, the charge of insubordination will only be used when no other charge is applicable to that conduct. The progression shall at least include documented constructive counseling before a written reprimand, a written reprimand before a suspension, and a suspension before a dismissal for the same or related offenses. In reaching a penalty determination, the nature and severity of the misconduct and the member's work record shall be taken into consideration. The culpable mental state of the member shall also be taken into consideration. Misconduct that occurs through inadvertence or negligence may mitigate the severity of the penalty that may be imposed, while misconduct that occurs as a result of deliberate intention may indicate that a more severe penalty, up to the maximum penalty, may be imposed.

Progressive Action. For charges other than insubordination, the principles of progressive corrective action shall be followed for conduct not in violation of law. If the offenses are of a critical nature, the Chief of Police may determine that a different sequence is required. However, the charge of insubordination will only be used when no other charge is applicable to that conduct. The progression shall at least include documented constructive counseling before a written reprimand, a written reprimand before a suspension, and a suspension before a dismissal for the same or related offenses. In reaching a penalty determination, the nature and severity of the misconduct and the member's ’s work record shall be taken into consideration. The culpable mental state of the member shall also be taken into consideration. Misconduct that occurs through inadvertence or negligence may mitigate the severity of the penalty that may be imposed, while misconduct that occurs as a result of deliberate intention may indicate that a more severe penalty, up to the maximum penalty, may be imposed. [Note: This section of the CBA is also typically one of the sections of greatest concern to the police reform movement. But, in any given collective bargaining relationship, it is important to get input from people on the ground to identify the sources (and thus solutions) for any discipline-related shortcomings in the current system.

Progressive Action. ‌ For charges other than insubordination, the principles of progressive corrective action shall be followed for conduct not in violation of law. If the offenses are of a critical nature, the Chief of Police may determine that a different sequence is required. However, the charge of insubordination will only be used when no other charge is applicable to that conduct. The progression shall at least include documented constructive counseling before a written reprimand, a written reprimand before a suspension, and a suspension before a dismissal for the same or related offenses. In reaching a penalty determination, the nature and severity of the misconduct and the member's work record shall be taken into consideration. The culpable mental state of the member shall also be taken into consideration. Misconduct that occurs through inadvertence or negligence may mitigate the severity of the penalty that may be imposed, while misconduct that occurs as a result of deliberate intention may indicate that a more severe penalty, up to the maximum penalty, may be imposed.