Q What is the Office of Professional Standards and how does it operate? A. The Office of Professional Standards (OPS) is an independent investigating body of the Orange County Board of County Commissioners (BCC) that investigates claims of discrimination, harassment and employee misconduct. OPS conducts administrative investigations, not criminal investigations. OPS provides advice and guidance to employees and managers on how to handle difficult problems in the workplace. OPS also performs background checks on new employees and current employees moving into high liability positions. OPS reports directly to County Administration, which allows us to investigate complaints free of influence or interference.
Q. How does OPS learn of employee misconduct? A. The County Administrator, Board of County Commissioners or designees may direct OPS to investigate an incident or any allegation of misconduct. If the alleged incident is a violation of State or Federal laws, the appropriate law enforcement agency will be contacted and provided the necessary information to evaluate the situation and initiate an investigation. If law enforcement initiates an investigation, the law enforcement investigation will take precedence over an administrative investigation conducted by OPS. An administrative investigation will be conducted upon completion of the law enforcement investigation or concurrently, if appropriate.
Q. What areas is OPS not involved with? A. OPS does not provide input or make recommendations to managers on what discipline they should provide to employees who are cited in Professional Standards investigations. Likewise, OPS does not play a role in the disciplinary or grievance process.
Q. If I file a complaint, will it be kept confidential or handled with sensitivity? A. Yes. OPS does not interrogate or use dramatic law enforcement methods in our investigations. During the investigative process, information or documentation that is collected is, to the greatest extent possible, kept confidential. Once the investigation is concluded and signed off by County Administration, the investigative report and all sworn statements become public record in accordance with FSS 119. OPS does not allow political or personal influences to alter the outcome of its investigation.
Q Employee misconduct on the job? A. OPS investigate allegations of major employee misconduct or policy violations that occur on-duty or off-duty.
Q. What if I am an employee and I choose not to speak with an OPS Investigator? A. As an Orange County employee you are mandated to cooperate in an inquiry or investigation. You may choose not to speak or cooperate, but you will be subject to disciplinary action up to and including termination.
Q. What if I am a citizen and I choose not to speak with an OPS Investigator? A. As a citizen (non-employee), you cannot be forced to answer or cooperate in an OPS investigation.
Q. What if I want to file a complaint anonymously? A. Anonymous complaints are generally forwarded to OPS when received by a Department/Division manager, County Administration, Board of County Commissioner, the County Attorney's office or directly by the aggrieved party. Generally, dependant on the allegation(s), the investigator will employ reasonable and recognized investigative techniques in pursuing a meaningful, factual and objective investigation.
Q. Can I bring a representative with me during an interview or only if I am covered by a Union Contract? A. Yes. However, Union Stewards, representatives, family members, or attorneys present during the interview shall not interfere with the interview and/or investigatory process.
Q. When can I receive the results of an OPS investigation? A. Written notification that the investigation has been completed will be sent to the Subject and Complainant of the case. No information or copies of files will be released prior to the close of an official investigation, except as provided by employee bargaining agreements or Florida State Statutes. Upon completion of the investigation, all files are available for review (unless exempt from disclosure).
Q. What if an employee is arrested? A. County policy mandates that an employee immediately notify their supervisor or management if they are arrested, indicted, or receive a notice to appear, a filing for an offense or violation of law (including moving traffic violations if employee is required to drive County vehicle/equipment).
Q. Who receives the information about an employee’s arrest? A. Information, updates and/or final disposition of an employee’s arrest is received by OPS and forwarded to the Human Resources/Employee Relations Section, the Deputy County Administrator and proper Department Director.
Q. Is the arrest detrimental to my job or will it adversely affect my position? A. It depends on the nature of the offense and ultimate outcome. Per County Policy, employees who are arrested or indicted are not subject to discipline solely on the basis of the arrest. You should review the County’s Policy Manual regarding Arrests and Indictments.