Off-Duty Policy Violation

Richard Pa

New Member
Jurisdiction
Pennsylvania
If a police officer is off duty and engages in a one time offense of departmental policy (non criminal - just a violation of departmental policy) is there a statute of limitations on the offense? The violation is not of one where anything was posted on the internet (pictures or video). If there is a statute of limitations, how long is it and does the clock begin counting down after the offense took place or after the offense was first discovered?
 
If a police officer is off duty and engages in a one time offense of departmental policy (non criminal - just a violation of departmental policy) is there a statute of limitations on the offense? The violation is not of one where anything was posted on the internet (pictures or video). If there is a statute of limitations, how long is it and does the clock begin counting down after the offense took place or after the offense was first discovered?
The police officer should discuss this with their Union Rep.
 
There probably isn't any SOL for getting fired or disciplined as a result of a policy violation.

A lot depends on the civil service rules and union contract if there is a union contract.

"If" questions are often useless.

What did the officer do?
When did he do it?
What's happening to him now?

Answer those questions and you might get better additional comments.

Apologies to justblue.;)
 
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There probably isn't any SOL for getting fired or disciplined as a result of a policy violation.

A lot depends on the civil service rules and union contract if there is a union contract.

"If" questions are often useless.

What did the officer do?
When did he do it?
What's happening to him now?

Answer those question and you might get better comments.
Hey!! My comment was good based on the question... :p
 
There probably isn't any SOL for getting fired or disciplined as a result of a policy violation.

A lot depends on the civil service rules and union contract if there is a union contract.

"If" questions are often useless.

What did the officer do?
When did he do it?
What's happening to him now?

Answer those questions and you might get better additional comments.

Apologies to justblue.;)
Apology accepted Jack... ;)
 
If a police officer is off duty and engages in a one time offense of departmental policy (non criminal - just a violation of departmental policy) is there a statute of limitations on the offense? The violation is not of one where anything was posted on the internet (pictures or video). If there is a statute of limitations, how long is it and does the clock begin counting down after the offense took place or after the offense was first discovered?

Statutes of limitation (SOL) set a time limit to pursue some right or remedy that is provided for in the law, e.g. a time limit on filing criminal charges or filing a civil lawsuit, a limitation on enforcement of a judgment lien, etc. Department policy is not law. So if the violation was one of policy only then there is no SOL for that. Civil service rules or a union contract, however, might limit the time the employer can use that violation as a basis for termination or other action against the employee.
 
Statutes of limitation (SOL) set a time limit to pursue some right or remedy that is provided for in the law, e.g. a time limit on filing criminal charges or filing a civil lawsuit, a limitation on enforcement of a judgment lien, etc. Department policy is not law. So if the violation was one of policy only then there is no SOL for that. Civil service rules or a union contract, however, might limit the time the employer can use that violation as a basis for termination or other action against the employee.
Very well written and well explained. Thank you. Have you ever heard of an employer going back 4+ years to discipline an employee for something against PD policy? As noted, it's not that the PD knew about it 4+ years ago and waited around. There's no photo, video or anything public in regards to the incident that would be viewed. Thank you.
 
Very well written and well explained. Thank you. Have you ever heard of an employer going back 4+ years to discipline an employee for something against PD policy? As noted, it's not that the PD knew about it 4+ years ago and waited around. There's no photo, video or anything public in regards to the incident that would be viewed. Thank you.

How is the PD finding out about it now then?
 
Have you ever heard of an employer going back 4+ years to discipline an employee for something against PD policy? As noted, it's not that the PD knew about it 4+ years ago and waited around.

If it was something that the officer concealed from his employer 4 years ago and it is just now coming to light, I would think that, yes, something could be done about it now. Again, that would be up to the department and civil service rules and/or union contract.
 
There's no photo, video or anything public in regards to the incident that would be viewed.


If someone has been accused of a crime or a policy violation, all the person needs to do is keep her/his mouth shut.

The party lodging the accusation MUST endeavor to prove the allegation.

There could be many defenses the accused is able to assert, but initially the accused simply needs to use the right to remain silent and enjoy basking in the warm, gentle, comforting protection of "innocent UNTIL proven GUILTY".
 
If someone has been accused of a crime or a policy violation, all the person needs to do is keep her/his mouth shut.

The party lodging the accusation MUST endeavor to prove the allegation.

There could be many defenses the accused is able to assert, but initially the accused simply needs to use the right to remain silent and enjoy basking in the warm, gentle, comforting protection of "innocent UNTIL proven GUILTY".

The OP is not saying that the person committed a crime. Outside some contractual or statutory requirement, the employer is free to discipline the employee in any manner s/he/it feels is appropriate, regardless of whether or not the allegation was "proven". There is no "innocent UNTIL proven GUILTY".
 
There is no "innocent UNTIL proven GUILTY".


No kidding, you're amazing.

Silly me, you mean an employer can fire you for anything for any reason, because of "at will" employment, huh?

WOW, that's even more amazing.

Okay, boss, whatever you say goes...
 
I have worked with unions including law enforcement ones and can well imagine situations where off duty conduct from 4+ years ago would be relevant. It wasn't one of mine but in my area there was a case in the not too distant past where officers involved in some unquestionably racist behavior were removed from the force, even though the evidence didn't come to light until years later.
 
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