CITIZENS COMPLAINT 10.6
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: CITIZEN COMPLAINTS
GENERAL ORDER: 10.6
EFFECTIVE: November 1, 2007
REVISES: NEW
PAGES: 6
CONTENTS:
This order consists of the following numbered sections:
I. PROCEDURE
II. ACCEPTING INQUIRIES
III. COMPLAINT PROCESSING
IV. RECORDS RETENTION
V. CONFIDENTIALITY
VI. GLOSSARY
PURPOSE:
To establish uniform guidelines for the receipt, investigation, and disposition of complaints of member
misconduct.
SCOPE:
This order applies to all members.
DISCUSSION:
A system to investigate inquiries is necessary to evaluate the propriety of certain activities and
individual employee conduct. Investigative guidelines are essential to ensure this agency is conducting administrative
investigations in an impartial manner. It is the policy of the Tequesta Police Department to accept and review all
complaints whether they are made in person, by phone, letter, E-mail, or anonymously.
As specified by F.S.S. 112.533, this agency shall maintain a system for the receipt, investigation, and determination of
inquiries received from any person concerning allegations of definable misconduct by any employee of the department.
Any person or employee may initiate an inquiry. As specified by F.S.S. 119.01, this agency shall maintain a system to
provide for the custody, public access, and disposal of public records.
All allegations of a member’s definable misconduct shall be investigated by the Operations Commander, or other
component of this agency, as directed by the Chief of Police.
PROCEDURE:
I. COMPLAINT PROCESS INFORMATION:
A.
Information explaining the Police Department’s complaint process shall be provided to anyone who wishes a
copy. The information is available at the Police Department’s Front Desk and as posted on the Village of
Tequesta’s web site: HTTP://www.tequesta.org.
G.O. 10.6
II.ACCEPTING INQUIRIES:
A.
When an inquiry concerning an employee is brought to the attention of any member of the department, the
complainant shall be directed to an on-duty supervisor, who shall:
1.
Interview the complainant to determine the facts of the allegation(s).
2.
Prepare a Tequesta Police Department Initial Notice of Inquiry (I.N.O.I.) citing the alleged act(s) of
misconduct, obtaining all relevant information, including member(s) involved and witness(es).
a.
If upon interviewing the complainant there is no definable act of misconduct on the part of the
member, the supervisor shall prepare and submit an accompanying memorandum with the I.N.O.I.
articulating why the supervisor believes no misconduct by the member occurred.
3.
Issue the complainant the "Important Information Concerning Complaint Filing" notice and accept a
signed receipt for same. Include any documentation or information related to the inquiry that may support
or refute the allegations.
4.
Obtain a written statement from the complainant when possible.
5.
Forward the original I.N.O.I. and any related documentation or information, directly to the accused
member’s Division Commander.
6.
Forward a copy of the I.N.O.I. to the Chief of Police.
III. COMPLAINT PROCESSING:
A.
The Division Commander shall review the inquiry and determine if the allegations have merit and warrant a
formal investigation. Reviews must be concluded in five (5) calendar days of complaint receipt.
B.
If, after review, the allegations are determined to be without merit the reviewing authority will author a
memorandum to the Chief of Police clearly articulating the findings of their review.
1.
The Chief of Police will review the memorandum and make the final determination on merit.
C.
Allegations assessed and found to be without merit, prior to a formal investigation, shall be retained/filed
with Operations Commander under the complainant’s name.
1.
The Chief of Police, complainant, and subject member shall be notified by the Operations Commander that
a preliminary investigation has determined the allegations do not warrant a formal investigation.
D.
If the allegation is found to be with merit, the inquiry shall be forwarded to the Chief of Police, or designee, who
shall determine whether the inquiry shall be investigated by the Operations Commander, some other agency, or
some other member of the Department.
1.
Allegations of minor misconduct such as discourtesy, improper driving, etc. will be routinely investigated
as a “Supervisor’s Review.”
2.
Allegations of serious or gross misconduct such as excessive use of force, discriminatory policing, etc.
will be routinely investigated by Internal Affairs (Operations Commander).
3.
The Chief of Police may assign any case regardless of the level of misconduct to Operations Commander.
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G.O. 10.6
4.
Prior to assignment, all inquiries shall be forwarded to the Operations Commander for recording,
registering and controlling of all complaints and investigations of alleged or suspected misconduct within
the agency.
5.
In the case of an inquiry involving members assigned to different divisions/shifts, the Chief of Police, or
designee, shall determine which division shall be assigned with investigating the inquiry.
6.
The Operations Commander shall ensure inquiries assigned to that section by the Chief of Police, or
designee, are submitted promptly to the designated investigator.
7.
Members under investigation, probationary or non-probationary, shall be notified in writing at least 24
hours prior to the investigative interview of the time, date, and location of the interview as well as the
allegations under investigation. A copy of the I.N.O.I., citing the complainant's allegations against the
member, shall be attached to this written notice.
8.
Sworn members under investigation, probationary or non-probationary, are entitled to the protection
provided by collective bargaining agreement between Village and the Police Benevolent Association
(PBA), and the Police Officers’ Bill of Rights (F.S.S. Chapter 112).
9.
Non-sworn members under investigation are entitled to the protection provided by the Village of
Tequesta’s Personnel Policies, and the Communications Workers Association (CWA) agreement for those
positions which are affected
10.
All members under investigation are entitled to the protections provided by the Tequesta Police
Department General Orders, and the Constitution of the United States.
11.
The Operations Commander shall provide any needed assistance to department personnel tasked with
investigating assigned inquiries.
12.
Investigations shall normally be completed within 30 calendar days of assignment; however, the
Operations Commander may grant an extension of up to seven (7) days upon a written request.
a.
Any additional extension beyond 7 days must be approved by the Chief of Police.
E.
The investigative conclusion(s) relating to the allegation(s) of misconduct shall be documented in accordance with
G.O. 10.2.
1.
Unfounded
2.
Exonerated
3.
Not Sustained
4.
Sustained
F.
Once an investigative report has been completed with the finding(s) relative to each allegation cited in the inquiry, the
case file shall be reviewed and processed as follows:
1.
Forward to the affected employee(s) for review who:
a.
May check the box have 48 hours to respond in writing to the finding(s).
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G.O. 10.6
b.
May check the box indicating they have nothing to add.
c .
Must sign the Professional Standards Report indicating they have received a copy of the case
file.
2.
Forward to the affected employee(s) immediate supervisor for review who shall:
a.
Concur with the investigative findings by checking the “Agree” portion of the Professional
Standards Report and make a disciplinary recommendation, if applicable.
b.
Disagree by checking the “Disagree” portion of the Professional Standards Report and articulate in
writing their reason(s).
1.
If disagreeing with a Sustained finding(s) of the allegation(s), a discipline recommendation is
not applicable and the supervisor shall indicate so by marking the disciplinary section “N/A”.
2.
If disagreeing with a Not-Sustained, Unfounded or Exonerated finding(s) of an allegation(s),
the supervisor shall make a discipline recommendation appropriate to their recommended
finding(s).
c.
When applicable refer to General Order 10.3 Disciplinary Process and enter the recommended
disciplinary action(s) to be imposed.
3.
Forward to the affected employee(s) Division Commander who shall:
a.
Mark the “Agree” section of the Professional Standards Report when agreeing with the
and
supervisor’s finding(s) discipline recommendation(s), if applicable.
b.
Mark the “Disagree” section of the Professional Standards Report when disagreeing with the
supervisor’s finding(s) and/or discipline recommendation(s), if applicable.
c.
The Division Commander shall complete and include a memorandum in the case file articulating
their reasons for disagreement and their recommended changes to the finding(s) or discipline
recommendation(s).
4.
Forward to the Chief of Police who shall:
a.
If the member has been exonerated or the allegations are not sustained or unfounded and the
recommendations have not changed during the review by the chain-of-command, the Chief of Police
may close the case or request a Chief’s Hearing.
b.
If the allegations are sustained and discipline has been recommended the Chief of Police may
request a Chief’s Hearing or forward the case to the next step (5).
5.
In the case of disciplinary action to be imposed, the member(s) shall be notified that the noted case
requires their review in the Chief’s office, or review with the Operations Commander.
6.
If after reviewing the allegation(s)/finding(s) and applicable recommendations by the member(s) chain-
of-command, the member(s) may:
a.
Accept disciplinary recommendations.
b.
Request a hearing with the Chief of Police.
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G.O. 10.6
7.
If after a hearing the affected member(s) chooses not to accept the final resolution of the case or the level
of discipline recommended by the Chief of Police, they may grieve the matter in accordance with prescribed
procedures outlined in the Village of Tequesta’s Personnel Policy 3.3, the Police Benevolent Association
(PBA) bargaining unit agreement, or the Communication Workers association (CWA) bargaining unit
agreement, where applicable to the affected member.
G.
When an investigation or review of an allegation is complete Internal Affairs (Operations Commander) shall
notify the complainant, via letter, with a copy to the member of the outcome of the investigation.
1.
In cases where the complainant is the Tequesta Police Department, the member will be notified of the
outcome of the investigation by being given a copy of the INOI/Final Resolution sheet.
2.
In cases of merit review, the Operations Commander will ensure that the complainant is notified of the
outcome.
H.
In all cases members under administrative investigation shall be sent a copy of the “Initial Notice of Inquiry”
and the face sheet of the Tequesta Police Department Professional Standards Report /Supervisor’s Review
upon completion of the final resolution relative to the Professional Standards Investigation/ Supervisor’s
Review.
IV. RECORDS RETENTION:
A.
Completed Supervisor Review and Professional Standards investigations shall be maintained in the
Operations Commander’s office in a file cabinet that is secured at all times.
V. CONFIDENTIALITY:
A.
All active Supervisor's Reviews/ Professional Standards Investigations are considered confidential in nature
pursuant to the provisions of Chapter 112 of the Florida Statutes and are exempt from the provisions of Public
Records Access described in Chapter 119.
B.
Disclosure of information contained in active Supervisor's Reviews/ Professional Standards shall be done so
only through the provisions of the applicable subsections enumerated in Florida State Statute 112.
C.
The provisions set forth in Florida State Statute 119 shall govern all public access and inspections of closed
Supervisor’s Reviews/ Professional Standards Investigations. All requests for copies of any materials contained
in either closed Supervisor’s Reviews or Professional Standards investigations shall be made through the Office
of the Chief of Police.
VI. GLOSSARY:
COMPLAINANT - Anyone who makes an allegation of misconduct against the department or its member.
INITIAL NOTICE OF INQUIRY (I.N.O.I.) - The document on which a written account of traffic accidents or
allegation(s) of misconduct are cited and the identity(ies) of member(s), if known, alleged to have committed an act or
acts of misconduct are referenced.
MEMBER - Any sworn or non-sworn employee of the department.
MISCONDUCT - Commission, or omission, of any act constituting a violation of federal, state, county, or local laws, or
ordinances. Violation of any department or Village Rule & Regulation, General Order policy, or procedure.
PROFESSIONAL STANDARDS REPORT - A report documenting a formal administrative investigation into the
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G.O. 10.6
allegation(s) of misconduct normally investigated by the Operations Commander.
SUPERVISOR’S REVIEW - A report documenting a formal administrative investigation into an allegation or violation
of agency policy or misconduct normally investigated by a component of the department other than Operations
Commander, which if sustained, may lead to disciplinary action.
.
INDEXING:
CITIZENS COMPLAINTS
DRAFTED:
djr September 27, 2007/Filed: Citizens Complaints
APPROVED:
_____________________________________________
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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