Excessive Discipline Protection Database

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FITNESS FOR DUTY EXAM	WHAT TO DO IF SENT FOR AN FFD	OFFICER'S ACCOUNT OF HIS FFD	FFD CASE LAW

EdPDLaw Editorial
July 14, 2012

.DEALING WITH THE ROGUE SUPERVISOR.
Is the Fitness for Duty Exam only for the rank and file?

Is the Fitness for Duty Exam only for the rank and file members? This article will cover suggested ways of dealing with the rogue supervisor. We all know them, we all have them, the question is what do we do with them?

Fortunately, since we are dealing with supervisors, most of the work is already done for us - by them.

The courts have held that the following behaviors are grounds to order a FFD exam:

* Excessive Use of Force

This can easily translate into excessive use of power. This supervisor is the one who is constantly disciplining members for no reason and who imposes hefty discipline for minor infractions. The supervisor that stalks you, drives by your home, shows up at your vacation home, calls your spouse.

* Change in Performance

This is the supervisor who has by all accounts been a fair and respected supervisor but out of the blue turns into your worst nightmare. Or this could be the supervisor who is usually on top of his game but has for unknown reasons stopped paying attention or caring about how things are run at work.

* Conflicts with Supervisors (Insubordination)

Pay attention to the interactions between your supervisor and his supervisor(s). Chances are good that he is having the same problems with them as you are having with him. Sh*t runs downhill.

* Conflicts with Coworkers

This does not refer only to those under the supervisor but could include the way the supervisor is dealing with the civilian workers in your department.

* Excessive Use of Sick Leave

Although this is harder to identify with supervisors as they have more leave to take, look into the amount of time the supervisor in question is using compared to the amount of time he/she usually takes. Remember this information is public record so if all else fails, you can submit an Open Public Records request (OPRA).

* Poor Work Performance

This applies to supervisors and the rank & file. As a supervisor, there are responsibilities and duties that should be done. Is the supervisor reviewing and signing reports? I mean really reading them? Is he catching and correcting the obvious mistakes or is he having a senior officer handle it? Is he addressing manpower and safety issues? Or is he delegating? Is he running the shift? Or is it running itself? Leaving early? Coming in late?

* Poor Judgment

This is where most supervisors fall. This is the supervisor that wants to dock an officers pay for a single minute, then give him a three day suspension on top of it for being late. The supervisor who tears up the doctor's note. The one who orders 3 officers to a Fitness for Duty Exams for having facial hair at $600 per exam. The rocket scientist that releases protected medical information on his Facebook page. The list is endless.

So what do you do with these supervisors? The Union needs to protect its members from these supervisors who are clearly out of control and place their officers in danger either from their overly aggressive tactics - the supervisor who bullies his officers and then writes them up for not accepting the mistreatment gracefully or the supervisor who is so blinded by his thirst for power that he makes poor decisions - OR - the supervisor who clearly could care less about anything, does not want to make waves or get involved and allows a potentially dangerous situation to continue. (Going an entire shift with malfunctioning radios.)

Unions should document this behavior from their supervisors and request that the Supervisor be sent to a Fitness for Duty Exam to ensure the safety of the rest of the department, don't wait until it's too late. If you see the warning signs, put in a written request enumerating the questionable behavior and ask for the exam.