Internal Affairs

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Internal Affairs
Office of the Chief of Police
Professional Standards Section
Internal Affairs Unit
Purpose of Internal Affairs
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Maintain public confidence in the department’s ability
to properly investigate and adjudicate complaints and
allegations of misconduct.
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Maintain departmental standards of conduct and
performance.
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Maintain the rights of employees as well as the public.
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Identify training needs.
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Identify areas where policy and procedure need to be
clarified, modified or updated.
Allegations of Misconduct
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Excessive Force
Racial Profiling
False Arrest
Unlawful Search
Violation of Rules
Conduct Unbecoming
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Dishonesty*
Discourtesy
Neglect of Duty
Traffic
Slow Response
Civil Rights Violation
* “Brady Notifications” – District Attorney required to
notify defendants/attorneys on court related matters when
a “dishonesty” or “integrity” violation has been sustained
on a law enforcement officer.
Internal Affairs
Classifications
Information Inquiry
Those concerns or complaints that are investigated,
but do not rise to the level of an allegation of
misconduct. This may also be used to answer a
citizen’s concerns or questions about policy,
procedure, or tactics used by the police department.
• i.e. Why was my kid handcuffed? Why was my
car searched, emergency equipment operation
Informal
An informal investigation completed by
Internal Affairs on “less serious” allegations
of misconduct.
Memorandums and verbal statements are
obtained from involved employees.
• i.e.-Violations of policy/procedure,
discourtesy, unlawful search, neglect of
duty;
Formal
A formal investigation is conducted on more
serious allegations of misconduct.
Internal Affairs conducts taped interviews of
all involved employees and witnesses.
• i.e. - violations of law, dishonesty, moral
ethics, excessive force and when deemed
necessary by IA or Staff
Divisional Discipline
An informal investigation that may be completed
by a first line supervisor at the divisional level
rather than by the I.A. Unit.
1. Any informational inquiry.
2. Any informal complaint.
3. Employee involved traffic accidents (on-duty).
Types Of Investigations
Memorandums
&
Taped Interviews
Memorandums (Informal)
A. Memorandums are requested from all employees who may
have information about the allegation;
B. Memorandums are returned within five working days of
notification;
C. The memorandum is forwarded to I.A through the
employee’s chain of command;
D. Employees must be specific and detailed when
addressing the allegation(s) of misconduct.
Formal Interviews (taped)
• Interviews are recorded and transcribed;
• “Formal Advisements” are given to employees only;
• “Garrity Advisements” are given if applicable;
– Allegations involving potential criminal conduct;
• Maximum of two personnel conduct the IA interview;
• No legal representation allowed in IA interviews;
• Employees cannot refuse to answer questions;
Formal Advisement
• The employee is required to truthfully
disclose all pertinent information known to
to them regarding the incident in question
(even if not asked about);
• If subsequent to the interview, the employee
receives or recalls additional relevant
information, they must notify Internal
Affairs immediately;
Advisement (cont.)
• The employee must cooperate fully with the
administrative investigation;
• While the investigation is ongoing, the employee
is not allowed to discuss the investigation with
anyone else;
• Failure to comply with terms of the advisement
may result in additional discipline/termination;
EMPLOYEE RIGHTS
DURING AN INTERNAL AFFAIRS
INVESTIGATION
Garrity v. New Jersey
385 U.S. 493 (1967)
An officer may be compelled (ordered) by his/her superiors
to answer questions that are related to his/her duties or fitness
for duty. Failure to answer such questions may form the
basis of his/her dismissal.
The answers may not be used against him/her in a criminal
trial. Similarly, an officer may be compelled to testify at
a disciplinary board hearing or before a grand jury if the
statements are restricted to non-criminal purposes.
Administrative vs. Criminal
Investigation
• Formal Advisement vs. Garrity Advisement;
• Legal representation not allowed in administrative
hearings;
• Administrative investigations cannot be shared
with the criminal investigation;
– Criminal investigation details will be included
in the administrative investigation;
• During the criminal investigation, you are allowed
legal representation and may be read Miranda
Rights, if applicable;
Investigation Findings
Sustained- Actual Misconduct
Misconduct Not Based on Complaint- Actual
misconduct, not alleged in the original complaint, but
disclosed during the investigation
Unfounded- The allegation is false or not factual
Not Sustained- There is not enough evidence to prove or
disprove the allegation
Exonerated- The incident occurred, but the employee
acted lawfully and properly
DISCIPLINE
The completed investigation is reviewed by the
involved employee’s chain of command.
The employee’s chain of command determines
the findings and the discipline, if there is
sustained misconduct.
Internal Affairs makes no recommendations
regarding discipline
Types of Discipline
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Verbal Counseling
Employee Log Entry
Training
Written Reprimand
Suspension
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Demotion
Resignation
Discharge
Discharge w/Criminal
Charges
PURGE POLICY
All personnel investigation files are kept in their entirety for 4 years
plus current. At the expiration of this time period, all files are
destroyed except those with a finding of:
A sustained misconduct which
results with the discipline of a
written reprimand or above.
The exception to the purge policy
is any case with pending civil
litigation will not be purged.
City Owned Property
City owned desks, lockers, offices,
equipment (to include cell phones and
computers), work areas, uniforms, and
vehicles are the sole property of the
City of Lakewood and subject to
inspection at any time deemed
necessary by the Chief of Police or his
designee. Private property can be
stored in these areas, however, privacy
shall not be expected. No one, not
acting in his official capacity, shall be
authorized in the search of areas
assigned to others.
What is discoverable?
• Telephone
conversations
• Car-to-car
conversations/
messages (MDC)
• Sector logs
• I-Tracker (vehicle
speeds, times,
locations)
• Internet Use
• Radio traffic
• City owned cell
phones (call logs, text
messages, etc)
• Booking/Holding cell
video and audio
• Pay entry records
Performance Audit System
(PAS)
-WHAT IS IT?
• Sometimes referred to as “Early Warning
System”;
• A tool to assist supervisors in monitoring
employee performance;
• A system that tracks and reviews incidents
of risk to the involved employee(s)
Activation of the P.A.S
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2 excessive force complaints in 12 months
5 internal investigations in 12 months
3 preventable traffic accidents in 12 months
3 sustained I.A. complaints in 12 months
2 notices of intent to sue in 12 months
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