Integrity
An applicant for a prescribed promotional position in SAPOL might be
subjected to an internal integrity check. The Professional Conduct
Branch (PCB) compiles an integrity summary, which might contain a
list of all complaints made against the applicant. The problem with
these summaries is that they contain a narrative of the complaint,
but not the outcome.
These narratives can unfairly sully an officer’s reputation and appear
to be a form of McCarthyism, in that the summary publishes accusations
with insufficient regard to evidence. Worse still, the PCB, in compiling
the narratives into integrity summaries, does not properly inform
itself of the contents of files when complaints deemed to be frivolous
and vexatious manage to appear on the summaries.
I urge any member who has been subjected to a complaint to
contact the PCB to inform himself or herself as to the contents of
the narrative of the complaint to ensure that it accurately represents
the reality of the matter.
Maximum tenure country locations
SAPOL has moved to enforce policy relative to maximum tenure in all
country locations pursuant to regulation 34 of the regulations under
the Police Act 1998. The Police Association does not support SAPOL’s
maximum tenure policy. The association is opposed to what appears
to be a tenure policy that is subjective and will rely on member submissions
to justify any extension of tenure. The association believes that
this will result in a lack of consistency of application and is not
conducive to the good morale of country members.
Of further concern to the association is that performance management
issues relative to the member’s service in a position are factors
to be considered in whether to extend that member’s tenure. Unsatisfactory
performance should be dealt with under section 46 of the Police Act
and, if unsatisfactory performance is used as a lever not to extend
tenure, it may be ultra vires the Act.
A maximum tenure policy for the majority of positions in SAPOL should
be used as a trigger point for an individual to move on at his or
her request, rather than having to justify why he or she should remain.
SAPOL, in having ongoing difficulty in filling country positions,
might not alleviate that difficulty with this policy. It might prove
a barrier to rural service.
EA 2004
The SA Police Enterprise Agreement 2004 was ratified on November
4, 2004, in the SA Industrial Relations Commission. The overwhelming
support from the membership for the agreement was heartening. To those
members who have provided information, advice and support over the
last two years - you have helped shape the outcome of our negotiations
and subsequent offer from government. Thank you.
There is still a job of work to be done. The parties must develop
the criteria for eligibility for the brevet sergeant rank in the first
instance. Brevet sergeant has an operative date of January 1, 2005.
It will also take some time for members to understand the nuances
associated with the restructure of ranks in SAPOL. If you have any
queries, don’t hesitate to contact me directly.
Also of significance will be the introduction of Voluntary Flexible
Working Arrangements. The introduction of purchased leave, special
leave without pay (including career breaks), and working-from-home
procedures will assist members in achieving a work-life balance and
access to family-friendly entitlements.
The implementation of these policies, as well as current family-friendly
arrangements (such as maternity leave, carer’s leave and urgent pressing
necessity leave), might assist members to balance better their competing
work-life responsibilities, especially in relation to care of children,
ill partners or elderly relatives.
The work-life collision is topical in Australian life. Unions, governments,
academia, employer organizations and employees are debating the nature
of the workplace and how to change it and worker culture to implement
and support family-friendly measures.
The successful implementation of VFWA in SAPOL will be challenging.
The Commissioner for Public Employment (OCPE), in a workforce perspective
survey conducted in 2003 across 24 public sector agencies in South
Australia, indicated that only a small percentage of respondents were
aware of family-friendly work practices. Only two per cent of respondents
were aware they had access to purchased leave, for example.
The association will play an important part with the introduction
of VFWA in SAPOL, insofar as raising member awareness to all family-friendly
measures, and influencing worker culture to accept them.
Christmas 2004
It comes too quickly. For those of you required to work on Christmas
Day - which this year falls on a Saturday - you will be paid an additional
penalty rate of 50 per cent in addition to the 50 per cent weekend
penalty rate for all ordinary time worked.
The additional rate will also be applied to the Comcen Allowance,
Clause 14 allowance, Police Band allowance, and the Flexible Shift-work
allowance. The Christmas Day public holiday is to be applied to the
substituted Monday.
I wish all members a safe and incident-free Christmas and New Year.
Take care everywhere. Thanks for your support during the year. Industrially,
it has been a successful one.
Mark Carroll is right about the impact of complaint narratives (Integrity,
see above). Police Association members continue to endure the scourge
of frivolous complaints and allegations against them. Some are told
that either managerial guidance or informal inquiry is to be the means
by which a particular complaint or allegation will be handled. They
are also told that, should they accept either of these processes,
their career progress will remain unaffected.
To avoid the stress of unresolved matters such as these hanging over
their heads, some members wrongly agree to admit to some form of wrongdoing,
of which they are entirely innocent.
Other members, who rightly agree with a complaint or allegation but
outline mitigating factors in their defence, expect to receive a fine
or educational training and, certainly, an end to their particular
matters.
Unrecorded advice, as outlined in PCO 514, is the policy which governs
informal resolution and minor complaints against police, and informal
inquiries into minor misconduct.
Members seem to believe that no future record of matters dealt with
by way of unrecorded advice will ever exist. But this is not the case.
Records of members having received unrecorded advice are kept. An
oxymoron, if ever there was one.
Paragraph 18.2 of the policy reads:
Where the Informal Inquiry Officer believes that the circumstances
are such that the member of SAPOL or police cadet is unlikely to repeat
the same or similar breaches of the Code of Conduct, advice may be
given without any details of that advice being recorded. While the
fact that advice was given will be recorded as part of the performance
planning program, the lack of any record of the details of that advice
on the RF1028 determines this action as being unrecorded advice.
Many members remain unaware of how long previous conduct issues linger
and therefore affect their career progression.
Some members do not even know they have records of some form of wrongdoing.
Records of police misconduct are kept by the Professional Conduct
Branch. Different decision-makers’ interpretations of a record can
vary. This can result in adverse outcomes for members.
Records include matters that have been finalized as underdetermined.
Records can affect:
- Promotional opportunities.
- Lateral transfers.
- Selections for courses.
- Selections for relieving.
- Punishment for other matters.
- Eligibility for police medals.
- Interstate job opportunities.
- Re-entry to SAPOL.
On the other hand, a record might have no affect in any of these
areas. One could never be sure, as different people value and interpret
records differently.
The age of the record might or might not be taken into account.
What comparisons are drawn between a high-risk complaint posting,
such as traffic, and a low-risk posting, such as an in-house administrative
role? Is there a formula?
Views on off-duty and on-duty behaviour might differ.
Clearly, the area of assessment and review can be extremely complex.
It might be appropriate to contact the Professional Conduct Branch
and request a copy of your history - if one exists - to assess any
ramifications you might face.
Section 40 of the regulations of the Police Act, 1998, requires the
Commissioner to keep a record of the conduct and service of every
employee.
Section 40 (2) reads:
(f) punishments imposed by the Commissioner (unless the Commissioner
directs the punishment is not to be recorded).
Section 40 (3) reads:
The history of each employee must be maintained in the manner and
place directed by the Commissioner.
Section 41 (1) deals with the removal of entries that relate to punishment
or penalty. It reads: If -
(a) there is an entry recording a punishment or penalty in the history
of an
employee; and
(b) not less than five years have elapsed since the entry was made;
and
(c) no further entry recording a punishment or penalty has since been
made,
the employee may apply to the Commissioner
in writing to have the entry,
and any previous entry recording a punishment
or penalty, removed from
the employee’s history.
Sub-section (2) reads: On receipt of such an application the Commissioner
-
(a) may if he or she thinks fit, order that the entry or any previous
such entry
be removed; and
(b) must in any event advise the employee of the Commissioner’s response
to the application.
Section 42 deals with employees’ access to history. It reads: An
employee -
(a) must be given access to his or her history in accordance with
procedures
approved by the Commissioner; and
(b) must, on application, be supplied with a copy of the history.
So for how long does the punishment continue? How, and in what way,
will it affect members’ futures.
When decision-makers charge members for a breach of the code or,
later, impose penalties, are they cognizant of the long-term ramifications?
Are they aware that other decision-makers might interpret a record
differently from the way they do?
To assist your progression through your career path, you should make
these enquiries.
Meanwhile, I wish all association delegates and members a merry Christmas
and a safe, happy and prosperous new year.
