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HomeMy WebLinkAboutPOLICY 1012 PERSONNEL COMPLAINTS Policy Jeffersonville Police Department 1 Policy Manual Personnel Complaints 1012.1 PURPOSE AND SCOPE This policy provides guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members of the Jeffersonville Police Department. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of a member in the normal course of duty, by a supervisor or any other member, nor shall this policy apply to a criminal investigation. 1012.2 POLICY The Jeffersonville Police Department takes seriously all complaints regarding the service provided by the Department and the conduct of its members. The Department will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state and local law and municipal and county rules and the requirements of any collective bargaining agreements. It is also the policy of this department to ensure that the community can report misconduct without concern for reprisal or retaliation. 1012.3 PERSONNEL COMPLAINTS Personnel complaints include any allegation of misconduct or improper job performance that, if true, would constitute a violation of department policy or federal, state or local law, policy or rule. Personnel complaints may be generated internally or by the public. Inquiries about conduct or performance that, if true, would not violate department policy or federal, state or local law, policy or rule may be handled informally by a supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the response to specific incidents by the Department. 1012.3.1 COMPLAINT CLASSIFICATIONS Personnel complaints shall be classified in one of the following categories: Informal - A matter in which the Uniform Patrol Commander is satisfied that appropriate action has been taken by a supervisor of rank greater than the accused member. Formal - A matter in which a supervisor determines that further action is warranted. Such complaints may be investigated by a supervisor of rank greater than the accused member or referred to the Detective Division, depending on the seriousness and complexity of the investigation. Incomplete - A matter in which the complaining party either refuses to cooperate or becomes unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or the Chief of Police or his/her designee, such matters may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Personnel Complaints- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 1012.3.2 SOURCES OF COMPLAINTS The following applies to the source of complaints: (a) Individuals from the public may make complaints in any form, including in writing, by email, in person or by telephone. (b) Any department member becoming aware of alleged misconduct shall immediately notify a supervisor. (c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action. (d) Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided. (e) The Department may be the recipient of tort claims and lawsuits. 1012.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS 1012.4.1 COMPLAINT FORMS Personnel complaint forms will be maintained in a clearly visible location in the public area of the police facility and be accessible through the department website. Forms may also be available at other City facilities. Personnel complaint forms in languages other than English may also be provided, as determined necessary or practicable. 1012.4.2 ACCEPTANCE All complaints will be courteously accepted by any department member and promptly given to the appropriate supervisor. Although written complaints are preferred, a complaint may also be received orally, either in person or by telephone. Such complaints will be directed to a supervisor. If a supervisor is not immediately available to take an oral complaint, the receiving member shall obtain contact information sufficient for the supervisor to contact the complainant. The supervisor, upon contact with the complainant, shall complete, (if necessary) and submit a complaint form as appropriate. Although not required, complainants should be encouraged to file complaints in person so that proper identification, signatures, photographs or physical evidence may be obtained as necessary. 1012.5 DOCUMENTATION Supervisors shall ensure that all formal complaints are documented on a complaint form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. All formal complaints should also be documented in a log that records and tracks complaints. The log shall include the nature of the complaint and the actions taken to address the complaint. On an annual basis, the Department should audit the log and send an audit report to the Chief of Police or the authorized designee. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved ***DRAFT*** Personnel Complaints-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 1012.6 ADMINISTRATIVE INVESTIGATIONS Allegations of misconduct will be administratively investigated as follows. 1012.6.1 SUPERVISOR RESPONSIBILITIES In general, the primary responsibility for the investigation of a personnel complaint shall rest with the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor is the ultimate decision-maker regarding disciplinary action or has any personal involvement regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that another supervisor investigate any complaint. A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation. The responsibilities of supervisors include, but are not limited to: (a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed. 1. The original complaint form will be directed to the Uniform Patrol Commander of the accused member, via the chain of command, who will take appropriate action and/ or determine who will have responsibility for the investigation. (b) Responding to all complaints in a courteous and professional manner. (c) Resolving those personnel complaints that can be resolved immediately. 1. Follow-up contact with the complainant should be made within 24 hours of the Department receiving the complaint. 2. If the matter is resolved and no further action is required, the supervisor will note the resolution on a complaint form and forward the form to the Uniform Patrol Commander. (d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature, the Uniform Patrol Commander and Chief of Police are notified via the chain of command as soon as practicable. (e) Promptly contacting the Uniform Patrol Commander for direction regarding their role in addressing a complaint that relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination. (f) Forwarding unresolved personnel complaints to the Uniform Patrol Commander, who will determine whether to contact the complainant or assign the complaint for investigation. (g) Informing the complainant of the investigator's name and the complaint number within three days after assignment. (h) Investigating a complaint as follows: Copyright Lexipol,LLC 2017/07/25,All Rights Reserved ***DRAFT*** Personnel Complaints-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 1. Making reasonable efforts to obtain names, addresses and telephone numbers of witnesses. 2. When appropriate, ensuring immediate medical attention is provided and photographs of alleged injuries and accessible uninjured areas are taken. (i) Ensuring that the procedural rights of the accused member are followed. (j) Ensuring interviews of the complainant are generally conducted during reasonable hours. 1012.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES Whether conducted by a supervisor or a member of the Detective Division, the following Due Process Rights applies: (a) Although administrative investigations will ordinarily be conducted by Internal Affairs, nothing herein shall preclude the Department from conducting such investigations by use of personnel other than the Internal Affairs. (b) The Department shall not subject Officers suspected of criminal or administrative wrongdoing to threats, promises, or coercion; however, either suspension with or without pay nor reassignment shall be deemed coercion. (c) If an Officer is suspended pending completion of an investigation, the Officer shall be informed of the reasons therefore no later than twenty-four (24) hours after being so suspended. (d) No Officer shall be interrogated on a departmental matter concerning alleged misconduct on his or her part without having been notified in writing of the nature of the alleged misconduct or revelations, and only after having been given a reasonable period of time after receipt of the notice to review it and other appropriate documents. 1. No interrogation shall be conducted until the Officer has had an adequate rest period following a shift of work. 2. The Officer may be required to submit a written report of the alleged incident if the request for a written report is made by the Department no later than the end of the subject Officer's next tour of duty after the tour of duty on which the Department initially was made aware of the charges. An Officer required to submit such a written report shall be advised verbally and in writing of the nature of any alleged misconduct or rule violations. (e) Upon the request of an Officer under investigation or his representative, the Officer shall be provided a copy of the transcript (if one has been made) of the recorded interview of the Officer and a copy of the audio recording. The Officer shall provide Internal Affairs with an audio recording device at his expense. (f) An Officer under arrest, or likely to be arrested, or who is a suspect in any criminal investigation, shall be afforded the same constitutional rights as accorded to any citizen, including but not limited to the right to remain silent and the right to counsel, and shall be notified of those rights before any questioning commences. However, nothing in the foregoing shall prohibit suspension with or without pay or reassignment pending disposition of the charges. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-4 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints (g) No member may be compelled to submit to a polygraph or truth telling device examination, nor shall any refusal to submit to such examination be mentioned in any investigation. 1012.6.3 ADMINISTRATIVE INVESTIGATION FORMAT Formal investigations of personnel complaints shall be thorough, complete and essentially follow this format: Introduction - Include the identity of the members, the identity of the assigned investigators, the initial date and source of the complaint. Synopsis - Provide a brief summary of the facts giving rise to the investigation. Summary - List the allegations separately, including applicable policy sections, with a brief summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation. Evidence - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of member and witness statements. Other evidence related to each allegation should also be detailed in this section. Conclusion - A recommendation regarding further action or disposition should be provided. Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report. 1012.6.4 DISPOSITIONS Each personnel complaint shall be classified with one of the following dispositions: Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded. Exonerated -When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper. Not sustained -When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member. Sustained-When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-5 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 1012.6.5 COMPLETION OF INVESTIGATIONS Every investigator or supervisor assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation within one year from the date of discovery by an individual authorized to initiate an investigation. The assigned investigator or supervisor should ensure that within 30 days of the final disposition of the complaint, the complainant is provided written notification of the disposition. 1012.7 ADMINISTRATIVE SEARCHES Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be searched as part of an administrative investigation upon a reasonable suspicion of misconduct. Such areas may also be searched any time by a supervisor for non-investigative purposes, such as obtaining a needed report, radio or other document or equipment. Lockers and storage spaces may only be administratively searched in the member's presence, with the member's consent, with a valid search warrant or where the member has been given reasonable notice that the search will take place. 1012.8 ADMINISTRATIVE LEAVE When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the Department, the Chief of Police or the authorized designee may temporarily assign an accused employee to administrative leave. Any employee placed on administrative leave: (a) May be required to relinquish any department badge, identification, assigned weapons and any other department equipment. (b) Shall be required to continue to comply with all policies and lawful orders of a supervisor. (c) May be temporarily reassigned to a different shift, generally a normal business-hours shift, during the investigation. The employee may be required to remain available for contact at all times during such shift, and will report as ordered. 1012.9 CRIMINAL INVESTIGATION Where a member is accused of potential criminal conduct, a separate supervisor or investigator shall be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation. The Chief of Police shall be notified as soon as practicable when a member is accused of criminal conduct. The Chief of Police may request a criminal investigation by an outside law enforcement agency. A member accused of criminal conduct shall be provided with all rights afforded to a civilian. The member should not be administratively ordered to provide any information in the criminal investigation. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT`** Personnel Complaints-6 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints No information or evidence administratively coerced from a member may be provided to anyone involved in conducting the criminal investigation or to any prosecutor. The Jeffersonville Police Department may release information concerning the arrest or detention of any member, including an officer, that has not led to a conviction. No disciplinary action should be taken until an independent administrative investigation is conducted. 1012.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES Upon completion of a formal investigation, an investigation report should be forwarded to the Chief of Police through the chain of command. Each level of command should review the report and include their comments in writing before forwarding the report. The Chief of Police may accept or modify any classification or recommendation for disciplinary action. 1012.10.1 ASSISTANT CHIEF RESPONSIBILITIES Upon receipt of any completed personnel investigation,the Assistant Chief of the involved member shall review the entire investigative file, the member's personnel file and any other relevant materials. The Assistant Chief may make recommendations regarding the disposition of any allegations and the amount of discipline, if any, to be imposed. Prior to forwarding recommendations to the Chief of Police, the Assistant Chief may return the entire investigation to the assigned investigator or supervisor for further investigation or action. When forwarding any written recommendation to the Chief of Police, the Assistant Chief shall include all relevant materials supporting the recommendation. Actual copies of a member's existing personnel file need not be provided and may be incorporated by reference. 1012.10.2 CHIEF OF POLICE RESPONSIBILITIES Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Assistant Chief for further investigation or action. Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the member with a written notice and the following: (a) Access to all of the materials considered by the Chief of Police in recommending the proposed discipline. (b) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice. 1. Upon a showing of good cause by the member, the Chief of Police may grant a reasonable extension of time for the member to respond. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-7 Published with permission by Jeffersonville Police Department • Jeffersonville Police Department Policy Manual Personnel Complaints 2. If the member elects to respond orally, the presentation shall be recorded by the Department. Upon request, the member shall be provided with a copy of the recording. Once the member has completed his/her response,or if the member has elected to waive any such response,the Chief of Police shall consider all information received in regard to the recommended discipline. The Chief of Police shall render a timely written decision to the member and specify the grounds and reasons for discipline. 1012.11 PRE-DISCIPLINE EMPLOYEE RESPONSE The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following: (a). The response is not intended to be an adversarial or formal hearing. (b) Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c) The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. (d) In the event that the Chief of Police elects to conduct further investigation, the employee shall be provided with the results prior to the imposition of any discipline. (e) The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials. 1012.11.1 REVIEW AND HEARING In the event that an employee is reprimanded in writing or suspended for a period of five days or less, the Chief of Police shall notify the applicable merit commission, in writing, within 48 hours of the action and the reasons for the action. Unless the employee timely seeks review, the proposed discipline becomes final (I.C. § 36-8-3.5-19). If the employee is dismissed, demoted or suspended for more than five days, the employee may request a hearing as provided in I.C. § 36-8-3.5-17. 1012.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE In the event that a member tenders a written resignation or notice of retirement prior to the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-8 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 1012.13 POST-DISCIPLINE APPEAL RIGHTS In the event that the merit commission decides to dismiss, demote or suspend an employee for a period exceeding 10 days, the employee may appeal to the circuit or superior court of the county in which the unit is located as provided in I.C. § 36-8-3.5-18. 1012.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS At-will employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy, and with or without notice or cause, at any time. These individuals are not entitled to any rights under this policy, including progressive discipline. Probationary employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy and/or just cause. 1012.15 RETENTION OF PERSONNEL INVESTIGATION FILES All personnel complaints shall be maintained in accordance with the established records retention schedule and as described in the Personnel Records Policy. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-9 Published with permission by Jeffersonville Police Department