HomeMy WebLinkAboutSection 1 Chapter 3-Allegations of Officer Misconduct
PLPD
RIOR AKE OLICE EPARTMENT
PPM
OLICY AND ROCEDURE ANUAL
AOM
LLEGATIONS OF FFICER ISCONDUCT
DI:J14,1984 RD:UR
ATE SSUED UNE ETENTION ATE NTIL ESCINDED
S1C3
ECTION HAPTER
P
URPOSE
T
HIS POLICY ADVISES ALL DEPARTMENT EMPLOYEES OF THE PROCEDURES THAT WILL BE
.
USED IN MISCONDUCT COMPLAINTS
P
OLICY
A
RELATIONSHIP OF TRUST AND CONFIDENCE BETWEEN THE POLICE DEPARTMENT AND THE
.O
COMMUNITY IS ESSENTIAL FOR EFFECTIVE LAW ENFORCEMENT FFICERS MUST BE FREE TO
EXERCISE THEIR BEST JUDGMENT AND TO INITIATE ENFORCEMENT ACTION IN A LAWFUL
.T,
AND IMPARTIAL MANNER WITHOUT FEAR AND REPRISAL HE OFFICERS MUST AT THE
.
SAME TIME CAREFULLY RESPECT INDIVIDUAL RIGHTS
T
HE COMPLAINT PROCEDURE IS INTENDED TO PROVIDE CORRECTIVE ACTION WHEN A
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DEPARTMENT MEMBER CONDUCTS HIMSELFHERSELF IMPROPERLY OR TO PROTECT
DEPARTMENT EMPLOYEES FROM UNWARRANTED CRITICISM WHEN DISCHARGING THEIR
.
DUTIES PROPERLY
A
NY PERSON WHO BELIEVES THAT AN ACTION BY A DEPARTMENT MEMBER IS IMPROPER IS
’.T
ENCOURAGED TO BRING THE COMPLAINT TO THE DEPARTMENTS ATTENTION HE
DEPARTMENT WILL MAKE EVERY EFFORT TO INSURE THAT NO ADVERSE CONSEQUENCES
OCCUR TO ANY PERSON OR WITNESS EITHER BRINGING A COMPLAINT FORWARD OR
.
PROVIDING INFORMATION IN ANY INVESTIGATION
C,,
OMPLAINTS WILL BE HANDLED IN A PROMPT JUST AND EXPEDITIOUS MANNER IN
.S
ACCORDANCE WITH THESE PROCEDURES UMMARIES OF THE COMPLAINT PROCESS AND
.
COPIES OF THESE PROCEDURES WILL BE AVAILABLE TO THE PUBLIC UPON REQUEST
DT
EFINITION OF ERMS
F
OR THE PURPOSE OF THIS POLICY AND PROCEDURE THE KEY TERMS ARE DEFINED AS
.
FOLLOWS
C CPC
HIEFMEANS THE HIEF OF OLICE OR THE ITY MANAGER WHEN A COMPLAINT
.
IS MADE AGAINST THE POLICE CHIEF
C
OMPLAINANTMEANS THE PERSON OR GROUP OF PEOPLE WHO FILE A COMPLAINT
WITH THE DEPARTMENT ALLEGING MISCONDUCT BY A DEPARTMENT
.T
MEMBER OR MEMBERS HE DEPARTMENT SUPERVISOR WHO
ACCEPTS BELIEVABLE FACTS RELATING TO ALLEGED
MISCONDUCT
BY A DEPARTMENT MEMBER OR MEMBERS FROM AN ANONYMOUS
PERSON MAY ALSO BE THE COMPLAINANT FOR PURPOSES OF THIS
.
POLICY
C ,
OMPLAINTMEANS ANY STATEMENT WHICH IS MADE TO THE DEPARTMENT IN WRITING
,
IN PERSON OR BY PHONE WHICH ALLEGES MISCONDUCT BY A DEPARTMENT
.
MEMBER
E :
XONERATEDMEANS A FAIR PREPONDERANCE OF THE EVIDENCE ESTABLISHED THAT
1);
THE ALLEGED ACT OR ACTS DID NOT OCCUR OR
2)
THE MEMBER OR MEMBERS NAMED IN THE COMPLAINT WERE NOT
;
INVOLVED IN THE ALLEGED MISCONDUCT OR
3)
THAT THE ACT OR ACTS ALLEGED DID OCCUR AND THE INVESTIGATION
,,;
SHOWED THE ACT OR ACTS TO BE JUSTIFIED LAWFUL AND PROPER OR
4)
THAT THE ACT OR ACTS DO NOT ADVERSELY REFLECT UPON THE
’
DEPARTMENT OR THE MEMBERS ABILITY TO PERFORM THEIR DUTIES
.
WITHIN THE DEPARTMENT
I
NFRACTIONMEANS ANY VIOLATION OF DEPARTMENT POLICY AND PROCEDURE
.
DEFINING TRANSGRESSIONS THAT ARE NOT MAJOR VIOLATIONS
MV :
AJOR IOLATIONMEANS
1);
ANY CRIMINAL OFFENSE
2);
THE USE OF UNNECESSARY OR EXCESSIVE FORCE
3);
ABUSE OF AUTHORITY
4)’;
CONDUCT WHICH VIOLATES A PERSONS CIVIL RIGHTS
5)
ABUSIVE OR INSULTING LANGUAGE OR CONDUCT WHICH IS DEROGATORY
’,,,,
OF A PERSONS RACE RELIGION SEX NATIONAL ORIGIN OR SEXUAL
;
PREFERENCE
6)
INTIMIDATION OF OR RECRIMINATION TOWARD A COMPLAINANT OR
.
WITNESS INVOLVED IN ANY COMPLAINT PROCEEDING
M
EMBERMEANS ALL PEACE OFFICERS AND CIVILIAN DEPARTMENT EMPLOYEES
,-,.
WHETHER FULL TIME PARTTIME OR TEMPORARY
M
ISCONDUCTMEANS ANY INFRACTION OR MAJOR VIOLATION COMMITTED BY A MEMBER
’
WHICH ADVERSELY REFLECTS UPON THE DEPARTMENT OR THE MEMBERS
/.
ABILITY TO PERFORM HISHER DUTIES WITHIN THE DEPARTMENT
NS
OT USTAINEDMEANS THE INVESTIGATION FAILED TO DISCLOSE SUFFICIENT
EVIDENCE TO PROVE OR DISPROVE THE ALLEGATION OR
.
ALLEGATIONS MADE IN THE COMPLAINT
PP
OLICES AND ROCEDURESMEANS THE ADMINISTRATIVE ACTS MADE KNOW OFFICIALLY
C.
BY THE HIEF REGULATING THE CONDUCT OF MEMBERS
S
USTAINEDMEANS A FAIR PREPONDERANCE OF THE EVIDENCE OBTAINED IN THE
’
INVESTIGATION ESTABLISHED THAT THE ACCUSED MEMBERS ACTIONS
.
CONSTITUTED MISCONDUCT
SR
UPPLEMENTARY EPORTMEANS A REPORT THAT CONTAINS ALL PERTINENT
.T
INFORMATION ABOUT THE COMPLAINT HIS INFORMATION
,,
SHALL INCLUDE BUT IS NOT LIMITED TO THE
’,,,
COMPLAINANTS FULL NAME DATE OF BIRTH ADDRESS
,;
HOME PHONE NUMBER AND WORK PHONE NUMBER THE
;
DATE AND TIME OF THE COMPLAINT THE ALLEGED
;
INFRACTION OR VIOLATION AND A NARRATIVE OF THE
.
INFORMATION RECEIVED FROM THE COMPLAINANT
IC
NITIATING A OMPLAINT
A
NYONE WHO IS NOT A MEMBER AND HAS PERSONAL KNOWLEDGE OF THE FACTS ABOUT
.A
THE COMPLAINT OR HAS RELIABLE HEARSAY INFORMATION MAY FILE A COMPLAINT NY
MEMBER WHO HAS PERSONAL KNOWLEDGE OF MISCONDUCT SHALL FILE A COMPLAINT
.
ACCORDING TO THESE PROCEDURES
I,/
F A MEMBER RECEIVES A COMPLAINT OF MISCONDUCT HESHE SHALL DIRECT THE
.I,
COMPLAINANT TO A DEPARTMENT SUPERVISOR F A SUPERVISOR IS NOT AVAILABLE THE
C.T
MEMBER SHALL FILE A SUPPLEMENTARY REPORT TO THE HIEF HIS REPORT WILL
.I
CONTAIN ALL PERTINENT INFORMATION IN REGARDS TO THE COMPLAINT F THE
,.
COMPLAINT IS THAT OF A MAJOR VIOLATION A SUPERVISOR SHOULD BE CONTACTED
I
F THE PERSON FILING THE COMPLAINT SETS FORTH SPECIFIC BELIEVABLE FACTS ABOUT THE
,
ALLEGED MISCONDUCT AND THE PERSON WISHES TO REMAIN ANONYMOUS THE
.I
SUPERVISOR RECEIVING THE INFORMATION SHALL BECOME THE COMPLAINANT F THE
,
SUPERVISOR HAS REASON TO BELIEVE THAT THE COMPLAINT IS UNFOUNDED THE
SUPERVISOR SHALL HAVE THE AUTHORITY TO REQUIRE THE PERSON TO IDENTIFY
/.I,
HIMSELFHERSELF F THE PERSON REFUSES TO DO SO THE SUPERVISOR MAY REFUSE TO
.
INITIATE A COMPLAINT AND SHALL ADVISE THE ANONYMOUS PERSON OF THAT FACT
A,,,
FTER A COMPLAINT IS FILED THE SUPERVISOR SHALL SIGN THE DOCUMENT IF WRITTEN
,C.T
GIVE OR MAIL A COPY TO THE COMPLAINANT AND FURNISH A COPY TO THE HIEF HE
C,
HIEF WILL FORWARD A COPY OF THE DOCUMENT TO THE ACCUSED MEMBER ONLY AFTER
IT IS DETERMINED THAT THE COMPLAINT IS NOT A CRIMINAL VIOLATION AND THE
.
NOTIFICATION WILL NOT IMPEDE A CRIMINAL INVESTIGATION
A
COMPLAINANT MAY BE ACCOMPANIED BY AN ATTORNEY OR OTHER APPROPRIATE
REPRESENTATIVE AT THE TIME A COMPLAINT IS FILED OR AT ANY OTHER STAGE OF THE
.
PROCESS
CI
OMPLAINT NVESTIGATION
U,,C
PON RECEIPT OF THE DOCUMENT IF WRITTEN THE HIEF SHALL MAKE AN INITIAL
.I
DETERMINATION WHETHER THE FACTS ALLEGED WARRANT A FORMAL INVESTIGATION N
C
MAKING THIS DETERMINATION THE HIEF MAY MEET INFORMALLY WITH THE
,,.IC
COMPLAINANT THE ACCUSED MEMBER OR ANY POTENTIAL WITNESSES F THE HIEF
,
DECIDES THAT AN INVESTIGATION IS NOT WARRANTED THE DISPOSITION OF THE
‘’‘’.T
COMPLAINT SHALL BE EITHER NOT SUSTAINED OR EXONERATED HE COMPLAINANT
.T
WILL BE NOTIFIED OF THE DECISION AND THE REASON FOR THE DETERMINATION HE
.I
ACCUSED MEMBER WILL ALSO BE NOTIFIED F THE COMPLAINANT SUPPLIES ADDITIONAL
(15),C
INFORMATION WITHIN FIFTEEN DAYS OF THE DETERMINATION THE HIEF MAY
.
REVERSE THIS DECISION
IC,
F THE HIEF DETERMINES THAT A FORMAL INVESTIGATION SHOULD BE CONDUCTED
/
HESHE MAY INVESTIGATE OR SHALL ASSIGN THE APPROPRIATE PERSONNEL TO INVESTIGATE
.T
THE COMPLAINT HE INVESTIGATION MAY BE ASSIGNED TO AN EXTERNAL AGENCY WHERE
THERE IS THE POTENTIAL FOR CRIMINAL CHARGES RESULTING FROM THE INVESTIGATION OR
C
IN ANY OTHER SITUATION WHERE THE HIEF BELIEVES THAT AN EXTERNAL AGENCY IS
.
APPROPRIATE
T
HE PERSONNEL ASSIGNED THE INVESTIGATION SHALL THOROUGHLY INVESTIGATE ALL
ALLEGATIONS CONTAINED IN THE COMPLAINT AND ANY OTHER POTENTIAL MISCONDUCT
.I
DISCOVERED DURING THE COURSE OF THE INVESTIGATION F THE INVESTIGATION
,
UNCOVERS POTENTIAL MISCONDUCT BY ANOTHER MEMBER A COMPLAINT SHALL BE
.
INITIATED AGAINST THAT MEMBER
A,,
LL MEMBERS INCLUDING THE ACCUSED MEMBER SHALL COOPERATE WITH THE
.F.
INVESTIGATION AILURE TO COOPERATE MAY RESULT IN DISCIPLINARY ACTION
T
HE PERSONNEL ASSIGNED THE INVESTIGATION SHALL DO A REPORT WHICH SHALL CONTAIN
(3):
ALL RELEVANT INFORMATION ORGANIZED INTO THE FOLLOWING THREE CATEGORIES
1.A T
LLEGATIONS
HIS SECTION SHALL CONSIST OF A CHRONOLOGICAL
.
SUMMARY OF THE ACTS OF MISCONDUCT ALLEGED IN THE COMPLAINT
R,,,,
EFERENCE WILL BE MADE TO THOSE RULES PROCEDURES ORDERS STATUTES
OR CONSTITUTIONAL PROVISIONS THAT WOULD BE VIOLATED IF THE
.
ALLEGATIONS ARE PROVEN TO BE TRUE
2.I T
NVESTIGATION
HIS SECTION SHALL CONSIST OF A CHRONOLOGICAL
,
SUMMARY OF THE INVESTIGATION INCLUDING ALL PERTINENT FACTS OBTAINED
,
THROUGH INTERVIEWS WITH THE COMPLAINANT ACCUSED MEMBER OR
,.W,
MEMBERS AND ALL AVAILABLE WITNESSES RITTEN STATEMENTS
,
DESCRIPTION AND ANALYSIS OF ANY PHYSICAL EVIDENCE AND ALL OTHER
.
RELEVANT INFORMATION SHALL BE INCLUDED
3.C T
ONCLUSION
HIS SECTION SHALL INCLUDE THE FINDINGS AND
,
CONCLUSIONS AS TO WHETHER ANY MISCONDUCT OCCURRED AND THE
.T
UNDERLYING REASONS FOR THE FINDINGS AND CONCLUSIONS HESE
C.
CONCLUSIONS SHALL NOT BE BINDING ON THE HIEF
T(30)
HE INVESTIGATION SHALL BE CONCLUDED WITHIN THIRTY DAYS OF THE FILING OF THE
,C.T
COMPLAINT UNLESS FOR GOOD CAUSE AN EXTENSION IS GRANTED BY THE HIEF HE
COMPLAINANT AND ACCUSED MEMBER SHALL BE INFORMED OF ANY EXTENSION OF TIME
EXCEPT THAT THE ACCUSED MEMBER NEED NOT BE INFORMED IF THE INVESTIGATION IS OF
.
A CRIMINAL COMPLAINT
RD
EVIEW AND ISPOSITION
U,
PON COMPLETION OF THE INVESTIGATION THE PERSONNEL ASSIGNED TO THE
/,,
INVESTIGATION SHALL SUBMIT HISHER REPORT THE CASE FILE AND ALL INVESTIGATIVE
C.IC,
NOTES TO THE HIEF F THE HIEF FEELS THAT THE INVESTIGATION WAS NOT ADEQUATE
/.IC
HESHE WILL REORDER THE INVESTIGATION F THE HIEF DETERMINES THAT THE
,/
INVESTIGATION WAS ADEQUATE HESHE SHALL MAKE ONE OF THE FOLLOWING
:,,.
DISPOSITIONS EXONERATED NOT SUSTAINED OR SUSTAINED
TC
HE HIEF MAY WITHHOLD FROM ISSUING A DISPOSITION UNTIL ANY RELATED CRIMINAL
.T.
CHARGES ARE RESOLVED HE COMPLAINANT SHALL BE INFORMED OF THIS DECISION
I,
N ANY INVESTIGATION NOT RELATED TO A CRIMINAL OFFENSE IF THE COMPLAINT IS
‘’‘’C
EITHER NOT SUSTAINED OR EXONERATED THE HIEF SHALL IMMEDIATELY NOTIFY THE
.
COMPLAINANT AND THE ACCUSED MEMBER OF THE DISPOSITION
I‘’,C
F THE COMPLAINT IS SUSTAINED THE HIEF SHALL TAKE THE APPROPRIATE DISCIPLINARY
.S
ACTION UCH ACTION SHALL BE BASED ON THE INVESTIGATIVE REPORT AND THE ACCUSED
’
MEMBERS RECORD OF SERVICE AND SHALL BE IN CONFORMANCE WITH ANY APPLICABLE
,,
COLLECTIVE BARGAINING AGREEMENT CONTRACT OR OTHER RULES OR REGULATIONS
.T,
RELATING TO THE DISCIPLINE OF MEMBERS HE DISCIPLINARY ACTION MAY INCLUDE
,,,
COUNSELING REMEDIAL EDUCATION AND TRAINING AN ORAL REPRIMAND A WRITTEN
,,,.
REPRIMAND SUSPENSION WITH OR WITHOUT PAY DEMOTION OR DISCHARGE
A,C
FTER DECIDING ON THE APPROPRIATE DISCIPLINARY ACTION THE HIEF WILL ISSUE A
SUPPLEMENTARY REPORT WHICH SHALL MINIMALLY CONTAIN THE FOLLOWING
:
INFORMATION
1.A
SUMMARY OF THE ACT OR ACTS THAT CONSTITUTED MISCONDUCT AND THE
,,,/;
SPECIFIC STATUTES POLICIES PROCEDURES ANDOR REGULATIONS VIOLATED
2.A
DESCRIPTION OF THE DISCIPLINARY OR REMEDIAL ACTION TAKEN TO HELP
;
PREVENT RECURRENCE OF THE MISCONDUCT AND
3.AC
NY ADDITIONAL INFORMATION THE HIEF MAY FIND NECESSARY TO MORE
.
ACCURATELY DOCUMENT THE DISPOSITION
B/,
EFORE IMPLEMENTING THE REMEDIAL ANDOR DISCIPLINARY ACTION THE ACCUSED
C’.TC
MEMBER SHALL BE GIVEN A COPY OF THE HIEFS SUPPLEMENTARY REPORT HE HIEF
/
ANDOR THE PERSONNEL ASSIGNED THE INVESTIGATION SHALL REVIEW THE REPORT WITH
.
THE ACCUSED MEMBER AND EXPLAIN THE REASONS FOR THE ACTION TAKEN
TC’
HE COMPLAINANT SHALL ALSO RECEIVE A COPY OF THE HIEFS SUPPLEMENTARY
.
REPORT
TC
HE COMPLAINANT OR THE ACCUSED MEMBER MAY REQUEST THE HIEF TO REOPEN THE
.T
INVESTIGATION HE REQUEST HAS TO BE FOR GOOD CAUSE AND MUST BE MADE WITHIN
(15).T
FIFTEEN DAYS AFTER NOTIFICATION OF THE DISPOSITION HE DISPOSITION SHALL BE
(15)
FINAL AFTER THE FIFTEEN DAY PERIOD IF THERE IS NO REQUEST TO REOPEN THE
.I,
INVESTIGATION F A REQUEST TO REOPEN THE INVESTIGATION IS MADE THE DISPOSITION
SHALL BE FINAL UPON A DECISION ON THE REQUEST OR THE COMPLETION OF ANY
C.TC
ADDITIONAL ACTIONS DIRECTED BY THE HIEF HE HIEF MAY REOPEN THE
INVESTIGATION AT ANY TIME IF THERE IS SUBSTANTIAL NEW EVIDENCE DISCOVERED WHICH
.
IS RELEVANT TO THE COMPLAINT
W,
HEN A SUSTAINED DISPOSITION IS FINAL THE ACCUSED MEMBER MAY APPEAL THE
’,
DISPOSITION ACCORDING TO THE MEMBERS COLLECTIVE BARGAINING AGREEMENT OR IF
,V’PA.
APPLICABLE THROUGH THE ETERANS REFERENCE CT
TC
HE HIEF MAY SUSPEND WITH PAY ANY ACCUSED MEMBER ANY TIME DURING THE
.
INVESTIGATION
T
HIS POLICY SHALL NOT PRECLUDE OTHER DISCIPLINARY PROCEDURES FOR MISCONDUCT
.
NOT INITIATED BY A CITIZEN COMPLAINT
MDD
AINTENANCE AND ISCLOSURE OF ATA
D,,,
ISCLOSURE TO THE COMPLAINANT ACCUSED MEMBER OR THE PUBLIC OF DATA
,,,
COLLECTED CREATED RECEIVED OR MAINTAINED IN CONNECTION WITH THIS POLICY AND
MGDP
PROCEDURE SHALL BE GOVERNED BY THE INNESOTA OVERNMENT ATA RACTICES
A.
CT
A,,
LL DATA COLLECTED CREATED OR RECEIVED BY THIS DEPARTMENT IN CONNECTION
WITH THIS POLICY AND PROCEDURE SHALL BE MAINTAINED IN ACCORDANCE WITH THE
’.
DEPARTMENTS RETENTION SCHEDULE
T’
HE PLACEMENT OF THE DISPOSITION REPORT OR OTHER DATA IN AN EMPLOYEES
/
PERSONNEL FILE SHALL BE BY APPLICABLE COLLECTIVE BARGAINING AGREEMENT ANDOR
.
PERSONNEL POLICY