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HomeMy WebLinkAboutMISCONDUCT 10.2C (2) TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: MISCONDUCT INVESTIGATIONS AND DISCIPLINARY PROCEDURES GENERAL ORDER: 10.2C EFFECTIVE: November 1, 2007 REVISES: G.O. 10.2B PAGES: 11 CONTENTS: This order consists of the following numbered sections: I. COMPLAINT RECEIPT AND DOCUMENTATION II. CONFIDENTIALITY III. COMPLAINT INVESTIGATION IV. AUTHORITY TO RELIEVE FROM DUTY V. INVESTIGATOR’S PRELIMINARY REVIEW AND ASSESSMENT VI. IVESTIGATIVE DOCUMENTATION VII. REPORTS VIII 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: The Tequesta Police Department recognizes that a system to investigate inquiries is necessary to evaluate the propriety of certain activities and individual member conduct. Investigative guidelines are essential to ensure this agency is conducting administrative investigations in an impartial manner. Therefore, it is the policy of the Department to follow a system of discipline that is fair, equitable, and consistent for all members, and responsive to legitimate public concerns. Whenever possible, counseling techniques and training are used to guide members. The department shall have progressive levels of discipline from positive, non-disciplinary approaches to counseling, or performance conferences up to termination. The imposition of discipline becomes necessary when counseling or training fails to rectify improper actions, or the member is deemed to have committed a pronounced deviation of Department or Village policies and procedures, Village ordinance, or state or federal law. PROCEDURE: I. COMPLAINT RECEIPT AND DOCUMENTATION: G.O. 10.2C  A. 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 member of the Department. Any citizen or member 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. 1. When an inquiry concerning an member is brought to the attention of a member of the Department, the complainant shall be directed to the on-duty supervisor or Operations Commander who shall interview the complainant to determine the specific act(s) of alleged misconduct, and prepare a Tequesta Police Department Initial Notice of Inquiry citing the alleged act(s) of misconduct. 2. The Chief of Police, or designee, shall assign the inquiry either to the Internal Affairs (Operations Commander) as a Professional Standards Investigation; or, when appropriate, another component of the Department as a Supervisor’s Review for investigation. B. All inquiries shall be forwarded to the Operations Commander for recording. Either a Professional Standard or Supervisor’s Review case number shall be assigned. 1. The case shall be entered in either the Professional Standard or Supervisor’s Review Case Log listing the name of the complainant(s), member(s) under investigation, allegation(s) of misconduct and date the inquiry was received for investigation. C. Upon completion of the final resolution relative to a Professional Standard/Supervisor's Review, the case file shall be forwarded to the Operations Commander where entries shall be recorded in the appropriate logs indicating the date of final resolution(s) and finding(s). Entries to the affected member(s) Professional Standard/Supervisor's Review Records file shall be made documenting investigated allegation(s) and the respective finding(s) to each. 1. Completed Supervisor’s Reviews and Professional Standard’s investigations shall be maintained in the office of the Operations Commander in a file cabinet that is secured at all times. II.CONFIDENTIALITY: A. All active Professional Standard/Supervisor's Review 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. 1. Disclosure of information contained in active Professional Standard/Supervisor's Review investigations shall be done so only through the provisions of the applicable subsections enumerated in Florida State Statute 112. 2. The provisions set forth in Florida State Statute 119 shall govern all public access and inspections of closed Professional Standard/Supervisor's Review investigations. All requests for copies of any materials contained in either closed Professional Standard/Supervisor's Review investigations shall be made through the Chief of Police. 3. Members shall be informed of all requests made for public access to either their closed Professional Standard/Supervisor's Review investigations records. This notification shall consist of the specific case that was examined and, if known, by whom. 2 G.O. 10.2C  III. COMPLAINT INVESTIGATION: A. All allegations of misconduct or alleged wrongdoing on the part of a Member(s), regardless of the source, shall be investigated by the Operations Commander or other component of this agency as directed by the Chief of Police. 1. Complaints involving allegation(s) of criminal misconduct shall be evaluated by the Chief of Police, or designee, and the Operations Commander to determine if it shall be investigated by the Florida Department of Law Enforcement or other law enforcement agency. a. The Chief of Police shall determine when the administrative investigation shall begin. 2. 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 allegation(s) against the member, shall be attached to this written notice. 3. Sworn members under investigation are entitled to the protection provided by all the applicable provisions of the current Contract in effect between the Village of Tequesta and the officer's/sergeant’s bargaining unit, the Police Officer’s Bill of Rights (F.S.S. Chapter 112) or the Village of Tequesta Personnel Policies, whichever is applicable. a. Non-sworn members under investigation are entitled to the protection provided by Village of Tequesta (personnel Policy 3.3; Grievance Process) and the Communications Worker’s Association agreement, for those positions that are affected. b. All members under investigation are entitled to the protections provided by the Tequesta Police Department General Orders, and the Constitution of the United States. B. The member under investigation shall be afforded the opportunity to read all written statements taken pursuant to the investigation of allegations cited in the inquiry prior to the time of the investigative interview. 1. Sworn Personnel: a. The interview shall be conducted in compliance with Florida Statute 112 (Police Officer’s Bill of Rights) and all applicable provisions of the current Contract in effect between the Village of Tequesta and the officer's/sergeant’s bargaining unit, or the Village of Tequesta Personnel Policies, whichever is applicable. b. The member under investigation shall be afforded the opportunity to read a copy of Chapter 112 of the Florida Statues (the Police Officer’s Bill of Rights) as well as the applicable provision in the current Contract between the officer's/sergeant’s (if applicable) and the Village of Tequesta personnel policies (if applicable), prior to the investigative interview. 2. For those members under investigation not covered by a contract the interview shall be conducted in compliance with the Village of Tequesta’s Personnel Policies. 3. For those members under investigation covered by the contract in effect between the Village of Tequesta and the Communications Workers Association (CWA), the interview shall be conducted in compliance with all applicable provisions of the current contract. 3 G.O. 10.2C  IV. AUTHORITY TO RELIEVE FROM DUTY: A. When violations of a serious nature occur, the actions may include immediate removal from duty. 1. These violations include, but are not limited to: a. Criminal misconduct b. Domestic violence c. Insubordination d. Sabotage e. Any threat to the Department members or the public. f. Suspected drug or alcohol use while on duty. g. Use of deadly force 2. Administrative Leave a. Members placed on administrative leave at the discretion of the Chief of Police, or designee, for pending investigative or disciplinary purposes shall be transferred by memorandum titled “Relieved From Duty” and report directly to the Operations Commander until such time as determined by the Chief of Police, or designee. b. In the case of all members the memorandum shall be served by the Chief of Police, or designee. 1. The member shall be called to the office of the issuing authority to receive the “Relieved From Duty” memorandum. 2. The issuing authority shall review with the affected member all stipulations and parameters of their relief from duty as enumerated in the “Relieved From Duty” memorandum. 3. The affected member shall sign and date where specified the “Relieved From Duty” memorandum acknowledging receipt. 4. A “Relieved From Duty Equipment Inventory” shall be completed by the issuing officer, and equipment shall be forwarded to the department quartermaster by same (Refer to 3. a & b). 5. A copy of the “Relieved From Duty” memorandum shall be given to the member and the original shall be placed in the investigative case file. c. For security purposes, all personnel shall be notified when someone is placed on Administrative Leave. 4 G.O. 10.2C  3. Members who are placed on administrative leave from duty are not authorized admittance to the building past the lobby doors unless assigned to an escort which shall be the Operations Commander or their designee. a. When a sworn member has been relieved of duty, paid or unpaid, the member shall be required to turn in the following Departmental equipment which shall be placed into Evidence until the action has been resolved: 1. Chest and wallet badge 2. Employee key card 3. Employee identification cards 4. Duty weapon & ammunition 5. Portable radio 6. Department computer (if applicable) 7. Vehicle Keys 8. All building /facilities keys b. When a non-sworn member has been relieved of duty, paid or unpaid, the member shall be required to turn in the following Departmental equipment which shall be forwarded to the department quartermaster until the action has been resolved: 1. Chest Badge, if applicable to the position. 2. Employee key card 3. Employee identification cards 4. Portable radio (if applicable to the position). 5. Department computer (if applicable to the position). 6. All vehicle keys for department vehicles. 7. All building /facilities keys 4. Members must remain at home between the hours of 0900 to 1700, Monday through Friday, with weekends and Village approved holidays off. a. Each Monday through Friday, members must report by telephone to Operations Commander at 1000 and 1400 hours. 5. Members must honor all subpoenas and other court related requests. Member shall notify the Operations Commander prior to departure for the Department to pick up subpoenas and then again upon return to their residence. 5 G.O. 10.2C  6. Members shall be required to attend any assigned Department business in plainclothes, and shall not be permitted to wear a uniform, carry a weapon, or display any Department identification while relieved of duty. a. Off duty police jobs or details shall be suspended. b. If the member must leave their residence for personal reasons (medical appointments included), the member must call the Operations Commander prior to departure and again upon return to their residence. 7. Members on unpaid administrative shall adhere to the directives pertaining to “Relieved From with the exception Duty” notice of the following. a. Transferred and available to report to the Operations Commander. b. Remain at home between the hours of 0900 and 1700, Monday through Friday. c. Report or make requests by telephone to the Operations Commander. V. INVESTIGATORS PRELIMINARY REVIEW AND ASSESSMENT: A. When any member is the subject of an investigation the assigned investigator shall make a preliminary review and assessment of the allegation(s) of misconduct cited in the inquiry. 1. The investigator shall gather and evaluate all available evidence such as, but not limited to: excerpts of Communications audio tapes, Crime Scene photographs, and police reports. a. By order of the Chief of Police, or designee, and in compliance with the current contract between the Police Benevolent Association (PBA) and the Village of Tequesta, or the current Communications Workers Association (CWA) contract and the Village of Tequesta, and the Village of Tequesta Personnel Policies, the subject member shall submit to medical and/or laboratory examinations, including blood and urinalysis, any ballistics, chemical and Breathalyzer examinations or test. The Department shall pay the cost of such tests. b. The use of Polygraph Examinations and/or Voice Analyzer Stress Tests for Department members shall be conducted in conformity with state statutes, contract agreements, and court decisions taking precedent at that time. Such tests shall be conducted or administered by the Department at the department’s expense. c. A member may be required to be photographed and/or participate in a lineup when reasonable suspicion exists that he or she was involved in an incident and the complainant is confident that an identification of the suspect member can be made. 1. If the suspect member refuses to be photographed or appear in a lineup, he or she may be compelled to be photographed and/or appear. 2. Refusal to comply could result in the Department obtaining a subpoena to acquire the records. 6 G.O. 10.2C  d. A member may be required to submit a financial disclosure statement when the actions are essential to a particular internal administrative investigation. 1. If the suspect member refuses to disclose financial records, he/she may be compelled to supply the records. 2. Refusal to comply could result in the Department obtaining a subpoena to acquire the records. VI. INVESTIGATIVE DOCUMENTATION: A. An investigative report documents research into allegations of misconduct investigated either by the Operations Commander or, in the case of a Supervisor’s Review, by a component of the Department other than Operations Commander. 1. The Investigative Report shall contain: a. A completed copy of the Tequesta Police Department’sInternal Investigative Report/Supervisor’s Review on each member who is the subject of the investigation. 1. Investigations conducted by the Operations Commander shall be checked Professional Standards Report. 2. Investigations conducted by components other than the Operations Commander shall be checked Supervisor’s Review. b. A summary of the allegations and the investigation into them. c. Investigative conclusions based upon the evidence and testimony obtained in the case. d. Findings relative to each allegation cited in the inquiry shall be designated as: 1. Exonerated 2. Unfounded 3. Not Sustained 4. Sustained 2. Once an investigative report has been completed with the finding relative to each allegation cited in the inquiry, the case file shall be reviewed and processed as follows: a. Forward to the affected member(s) for review who: 1. Shall have 48 hours to respond in writing to the finding(s). 2. May sign the Professional Standards Report signifying their acceptance. b. Immediate supervisor for review who shall: 1. Concur with the investigative finding(s) by checking the “Agree” portion of the Professional 7 G.O. 10.2C  Standards Report and make a disciplinary recommendation, if applicable. 2. Disagree by checking the “Disagree” portion of the Professional Standards Report and articulate in writing their reason(s). a. 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”. b. 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). 3.XXXX When applicable refer to General Order and enter the recommended disciplinary action(s) to be imposed. c. Forward to the member’s division commander who shall: 1. Mark the “Agree” section of the Professional Standards Report when agreeing with and the supervisor’s finding(s) discipline recommendation(s), if applicable. 2. Mark the “Disagree” section of the Professional Standards Report when disagreeing with the supervisor’s finding(s) and/or discipline recommendation(s), if applicable. 3. 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). d. Forward to the Chief of Police who shall: 1. 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. 2. 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 (e). e. 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 their division commander. f. If after reviewing the allegation(s)/finding(s) and applicable recommendations by the member(s) chain-of-command, the member(s) may: 1. Accept disciplinary recommendations. 2. Request a hearing with the Chief of Police. g. 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. 3. When an investigation or review of an allegation is concluded, the Operations Commander shall 8 G.O. 10.2C  notify the complainant, via letter, with a copy to the member of the outcome of the investigation. a. 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. b. In cases of merit review, the Operations Commander will ensure that the complainant is notified of the outcome. 4. 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. VII. PROFESSIONAL STANDARDS AND SUPERVISORS REVIEW REPORTS: A. The Operations Commander shall compile and submit to the Chief of Police: 1. Monthly and yearly statistical reports regarding Professional Standards and Supervisor’s Review investigations. th 2. A status report of all open Supervisor’s Review inquiries, outstanding more than 30 days, by the 20 of each month. VIII. GLOSSARY: ADMINISTRATIVE LEAVE - Members who are placed on administrative leave by the department with pay during the time an investigation is being conducted, and/or during the time period after the investigation is completed and the department is determining the action to be taken. COMPLAINT OF MISCONDUCT - An accusation or charge accusing a member of the Police Department of violating a DOES NOT INCLUDE policy, procedure, rule or regulation. This citizen complaints that result from a complainant's misunderstanding or disagreement with the application of law or Police Department policies or procedures. CONCLUSIONS OF FACT - Final determination about allegations based on investigative findings. DEMOTION -A form of discipline for members of rank where the offender’s rank is reduced, but not limitedto, one step. - DISCIPLINARY ACTION LOGA log that contains an alphabetized list all disciplinary actions imposed on a member. - DISCIPLINARY ACTION FILEA file separate and apart for each member who receives disciplinary action, which contains only the discipline imposed, that is maintained by the Operations Commander. ENHANCED OR REMEDIAL TRAINING - A measure that may be recommended by a member or superior rank or authority in the chain of command or a field training officer to correct a specific deficiency. EXONERATED - A finding or conclusion the incident occurred, but the individual's actions were, justified, lawful, and proper. Member acted in compliance with departmental Rules & Regulations, and/or policy and procedure. EXONERATED DUE TO POLICY FAILURE - A finding or conclusion that present policy, procedure, rules or regulations covering the situation were nonexistent or inadequate. In all cases involving a finding of Exonerated Due to Policy Failure, the person making the finding will initiate a review of the policy in question and draft a recommendation to resolve the failure. 9 G.O. 10.2C  FORMAL DISCIPLINARY ACTION (PUNITIVE) - Disciplinary action(s) imposed pursuant to sustained finding(s) of the allegation(s) of misconduct such as a written reprimand, suspension from duty without pay, demotion, termination of employment, or any action resulting in the loss of pays or benefits. INFORMAL DISCIPLINARY ACTION (NON PUNITIVE) - Disciplinary action(s) of an educational nature, such as remedial or enhanced training, or verbal reprimand, intended to correct or improve performance. LETTER OF COUNSELING - A documented discussion between a supervisor and subordinate in which the subordinate’s improper behavior and necessary improvements are brought to their attention. Letters of Counseling are generally, used after informal, supervisor/subordinate communications, i.e., “coaching” have failed to produce the desired results. Counseling sessions should be held on a positive note and be correctively advisory in nature. NOT SUSTAINED - Insufficient evidence available to prove or disprove allegation(s). The allegation(s) appeared to have merit, however, there was insufficient evidence to either prove or disprove the allegation(s). NOTICE OF DISCIPLINARY ACTION - A formal memorandum to the affected member from the Chief of Police, or a designee, advising the specific form of formal action against the member that includes a synopsis of the allegation(s) for such action(s), and the standards and expectations that must be met to avoid further discipline; i.e. written reprimand, suspension, or termination. PERMANENT MEMBERS - Members who have completed their probationary period. PRE-DISCIPLINARY HEARING - An avenue for a member to meet with the Police Chief during which mitigating circumstances can be asserted before the possible imposition of disciplinary action. PROBATIONARY MEMBERS - Members who have not completed their probationary period. PROFESSIONAL STANDARDS INVESTIGATION - A formal investigation of serious alleged misconduct or violation(s) of rules and regulations, Department policy, moral character violation as defined by CJSTC or criminal violation(s) by any member of this agency which may result in disciplinary action. REPRIMAND - An official censure of unacceptable acts or behavior, which is administered in a positive manner. It will be made clear to the member that the behavior for which the reprimand was given will not be tolerated and stronger disciplinary action(s) will be taken if the behavior recurs. SUSPENSION - A form of discipline where the member forfeits his/her duties and is not paid for a period of time. SUPERVISOR’S REVIEW - A formal investigation of alleged misconduct or violation(s) or rules and regulations and Department policy, which are minor in nature, by any member of this agency, which may result in disciplinary action. SUSTAINED - Allegations supported by sufficient evidence to justify a reasonable conclusion that the action(s) occurred. The allegation(s) proved by the investigative findings to be valid (guilty). TERMINATION - The highest form of discipline where a member is required to leave the employment of the Village. UNFOUNDED - A finding or conclusion that an allegation is demonstrably without basis. UNSUBSTANTIATED - A finding or conclusion that sufficient credible evidence was lacking to prove or disprove the allegation. VERBAL REPRIMAND - A form of informal discipline conducted by a member’s supervisor for the purpose of discussing a less than acceptable level of performance. 10 G.O. 10.2C  WRITTEN REPRIMAND - A form of discipline where the member receives a formal letter of reprimand from the Chief of Police, or a designee, listing the policy or policies the member has violated. INDEXING: MISCONDUCT INVESTIGATIONS DRAFTED: djr/September, 2007/Filed: Misconduct 10.2 APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 11