203-03 Investigation of Employee Misconduct Flashcards
Formal complaint
In writing signed and notarized by a complainant
Informal complaint
Oral or unsigned.
Class 1 complaint
Alleged violations of federal or state laws or local ordinances, or alleged use of excessive force (e.g., hitting, slapping, kicking, striking with an object, causing pain, or some other excessive force resulting in bodily injury).
Class II (D) complaints
D= not criminal in nature
Complaints involving alleged violations of department policies
or those that are not criminal in nature. The employee’s immediate supervisor or another supervisor from the employee’s division usually investigates these complaints.
Class II (X) Complaints
X=administrative in nature
Expedited cases typically involving allegations administrative in nature (e.g., missed court or failure to qualify) and normally involving one employee.
-discipline is most appropriate response to employee’s continued performance deficiency
Employees who receive information about or observe incidents involving unnecessary or excessive use of force, misconduct, violations of criminal statutes, or abuse of authority by any other employee shall first take immediate action to protect citizens.
Shall first take action to protect citizen
Then shall report the incident to their immediate supervisor
Any third party non-witnesses attempting to make a complaint shall be
Referred directly to IAD/CIO
-the IAD/CIO commander may determine whether to accept a complaint from persons other than the aggrieved party.
Complaints made over the phone other than class one
Shall be advised to make the complaint in person
Under what circumstances shall IAD/CIO immediately be notified upon receiving a class I complaint
1) the investigation of the complaint would be hindered by a delay.
2) the complaint involves a felony is breach of the peace that is occurring or just occurred
If the inquiring supervisor becomes the complainant in a class 1 or 2 complaint
The inquiring supervisor may not further investigate such alleged violation
Class I
Investigated by IAD unless ordered to be investigated by the commander of IAD
Class II
Investigated by employee’s division unless ordered otherwise by IAD commander
Who may require progress reports at any time regarding a complaint against an employee?
The commander of IAD, the assistant chief of Professional standards command or the executive assistant chief of strategic operations
When is a complaint not required to respond to an interrogation?
When the complainant does not verify the complaint in an affidavit.
Employees who are subjects of which types of complaints may be required to respond to interrogations?
A)When a police officer is the complainant
B) if a third party witness of the police misconduct is a complainant.