571 Internal Affairs Flashcards

1
Q

After Hours Callout Criteria-Investigative Police Emergency Communications Officer (PECO) (904) 630-0513:

A
  1. An allegation of serious misconduct has been made against an employee. This includes allegations of serious misconduct that is relayed by any employee of the JSO;
  2. An employee is being tested for drugs and/or alcohol based upon reasonable suspicion;
  3. Any situation where a supervisor feels immediate notification is necessary; or
  4. The arrest of any agency employee regardless of the jurisdiction where the arrest occurs.
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2
Q

Dispositions – Conclusion of fact presented at the end of a case. A case disposition can be found to be one of the following: (5 total)

A

a. Exonerated – An incident involving the alleged misconduct occurred, but the employee’s actions were lawful and proper;
b. Not Sustained – There is insufficient evidence available to either prove or disprove the allegation of misconduct;
c. Policy Revision – The action of the agency or the officer was consistent with agency policy, but the policy requires revision;
d. Sustained – There is a preponderance of evidence to prove the employee committed the alleged misconduct; or
e. Unfounded – An allegation of misconduct is false or not supported by the facts.

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3
Q

All complaints against the agency and its personnel shall be accepted from ………………..

A

any source, whether made in person, by mail, electronic means, or by telephone

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4
Q

In cases involving allegations of serious misconduct (the commission of a crime, driving under the influence [DUI], etc.), the ……………. will be notified by the Commanding Officer of Internal Affairs Unit of the allegation. The ……………..will notify the Sheriff, at the ………………………. discretion, of cases involving serious misconduct and/or those pertaining to public awareness and interest.

A

Undersheriff
Undersheriff
Undersheriff

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5
Q

In cases involving allegations of serious misconduct and/or substance abuse, the ……………….or his designee may temporarily reassign or suspend a member in accordance with established policy, Civil Service and Personnel Rules and Regulations, and/or contractual agreements, pending the results of the investigation.

A

Undersheriff

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6
Q

Anonymous complaints will be accepted and forwarded to the………………………to be evaluated before an assignment is made to investigate the allegation

A

Supervisor of Internal Affairs

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7
Q
  1. All employees must accept, and properly handle, any complaint against JSO or one of its employees, regardless of the form in which it is made, according to the following guidelines:
A

a. Complaints received in person:
(1) If the complaint is made at the Police Memorial Building (PMB) during normal business hours, the complainant will be given the following options:
(a) Complete and submit an Employee Complaint Form (P-0235) to the security desk at Forsyth Street or Bay Street; (b) Complete and submit an Employee Complaint Form (P-0235) online via the official webpage of the JSO; or
(c) Meet with a detective from the Internal Affairs Unit.

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8
Q

(2) If the complaint is made at the PMB after normal business hours or in the field at any time, the complainant will be given the following options:

A

(a) Complete and submit an Employee Complaint Form (P-0235) to the security desk at Forsyth Street;
(b) Complete and submit an Employee Complaint Form (P-0235) online via the official webpage of the JSO; or
(c) Meet with the appropriate on-duty commanding officer, who will ensure the complaint is documented and routed to the Internal Affairs Unit.

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9
Q

Complaints received via telephone:r.

A

(1) When a complaint is being made over the telephone, the call taker will first obtain the caller’s name and phone number (if the complainant is willing to provide that information) in case the caller is inadvertently disconnected prior to receiving the entire complaint.
(2) The call taker will provide the complainant with the following options:
(a) Complete and submit an Employee Complaint Form (P-0235) online via the official webpage of the JSO;
(b) Have an Employee Complaint Form (P-0235) mailed to him/her;
(c) Speak with an Internal Affairs detective during normal business hours; or
(d) Speak with the appropriate commanding office

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10
Q

Complaints received via mail:
Any complaint received by mail, electronic mail, or any other form of correspondence shall be forwarded to the Complaints received via mail:
Any complaint received by mail, electronic mail, or any other form of correspondence shall be forwarded to the …..

A

Internal Affairs Unit

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11
Q

Responsibilities of a commanding officer when receiving a complaint: [CALEA 26.2.1]

A

a. When speaking with a complainant in person or via telephone, ensure that an Employee Complaint Form (P-0235) is completed by either the complainant or the commanding officer and route the completed form to the Internal Affairs Unit in such a way as to maintain confidentiality. b. Determine which of the following categories the complaint falls into and handle accordingly: [CALEA 26.3.1]
(1) Allegation of a Crime – Immediately notify the ISIU.
(2) Allegation of Serious Misconduct (Non-criminal) – Immediately notify the Internal Affairs Unit.
(3) Allegation of Minor Misconduct – Conduct the appropriate form of field investigation and submit the findings in writing to the Internal Affairs Unit. The written findings shall be in compliance with the requirements in this order.

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12
Q

Information relating to an active investigation will not be released to anyone without approval of the Commanding Officer of Internal Affairs Unit or the ……….. All records released from active investigative case files will be acknowledged by the recipient in writing on a document receipt.

A

Undersheriff

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13
Q

Employees who are principals (accused members) in any administrative investigation may not share, discuss, or disseminate any information related to the investigation (to include documents, recordings, or any other record from the case file) with any person or employee, except for their legal counsel or representative, until the investigation is concluded. Formal investigations are not concluded until the ………………………….recommends a final action on the Disciplinary Actions Recommendation Form (P-0129).

A

highest ranking staff member

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14
Q

If the facts and circumstances of an employee’s conduct, performance, or action(s) are known to the supervisor or commanding officer, (without the need for the employee to be interviewed to gather additional or clarifying information) and the supervisor or commanding officer determines that there is a sustained violation of an agency directive, he can initiate an …………………………………………The original Written Reprimand shall be forwarded to the Internal Affairs Unit for record keeping

A

Informal or Formal Counseling session or issue the employee a Written Reprimand Level One (P-1711).

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15
Q

(6) Prior to interviewing an accused employee (also known as a principal) in any case that could result in discipline or dismissal, the supervisor/commanding officer will ensure that:

A

(a) The principal has been given the opportunity to obtain a representative of their own choice to be present prior to the commencement of the interview;
(b) The principal has been given the opportunity to review the complaint, all statements regardless of form, and all existing evidence;
(c) The interview of the principal is being audio recorded (at a minimum);
(d) The principal has been placed under oath via a Sworn Statement Affidavit Form (P-1757); (e) The principal has reviewed and signed the Administrative Proceeding Rights Form (P-1550); and [CFA 7.04]
(f) The principal has reviewed and signed the Law Enforcement Officer and Correctional Officer Bill of Rights (P-0539), if the principal is a law enforcement or correctional officer.

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16
Q

At any time during the administrative investigation, if evidence of:

(1) Serious misconduct is revealed, immediately contact the ……………………….; or
(2) Criminal conduct is revealed, immediately contact ISIU.

A

Internal Affairs Unit

17
Q

The Internal Affairs Unit may assign allegations of minor misconduct to ……………..

A

commanding officers for investigation.

18
Q

All Field Administrative Investigations shall be completed within ……………..from the date that the complaint is sent to the employee’s commanding officer. The Commanding Officer of Internal Affairs Unit, or designee, may grant reasonable extensions to continue investigations where extenuating circumstances exist. All requests for extensions must be made in writing.

A

60 calendar days

19
Q

(i) The completed case file, which is submitted to the lowest ranking appointed staff member in the principal employees’ chain of command, must include:

A

(i) The formal summation;
(ii) All materials pertinent to the case;
(iii) A Disciplinary Actions Recommendation Form (P-0129); and
(iv) An Employee Administrative Investigation History for each principal employee (available from the Internal Affairs Unit).

20
Q

Each appointed staff member reviewing the completed case file will indicate their finding on the Disciplinary Actions Recommendation Form (P-0129). The final reviewer (………………………) will return the case file to the Internal Affairs Unit at the conclusion of the review process.

A

a director or the Undersheriff

21
Q

All formal investigations conducted by the Internal Affairs Unit shall be completed within ………… days from the date the complaint is received by Internal Affairs. The Commanding Officer of Internal Affairs Unit may grant reasonable extensions to continue investigations where extenuating circumstances exist. All requests for extensions must be made in writing.

A

120 calendar

22
Q

The principal employee will be notified of the disposition of the case and the recommended action, if applicable. [FCAC 7.09]

(1) In informal field investigations, the employee will be notified by the ………………. assigned the investigation; [CALEA 26.3.8]
(2) In formal field investigations and investigations conducted by the ……………….., the employee will receive written notification by the Internal Affairs Unit. [CALEA 26.3.8, CFA 20.04]

A

commanding officer

Internal Affairs Unit

23
Q

In accordance with F.S.S. no disciplinary action, demotion, or dismissal shall be undertaken by JSO against a law enforcement officer or correctional officer for any act, omission, or other allegation of misconduct if the investigation of such allegation is not completed within ………….. after the date the agency receives notice of the allegation by a person authorized by the agency (commanding officer or above) to initiate an investigation of the misconduct.

a. Under certain circumstances, the running of the 180-day time limitation may be tolled. These circumstances can be found in F.S.S. 112.532 (6)(a).
b. Closed investigations may also be reopened for up to 90 days under certain circumstances per F.S.S. 112.532 (6)(b) and disciplinary action can be imposed as long as the statutory criteria is met.

A

180 days

24
Q

In the event that the agency determines that disciplinary action is appropriate, it shall complete its investigation and give notice in writing to the law enforcement officer or correctional officer of its intent to proceed with disciplinary action, along with a proposal of the action sought. Such notice to the officer shall be provided within……………after the date the agency officially received notice of the alleged misconduct by an authorized person.

A

180 days

25
Q

If a sustained allegation of misconduct warrants a formal counseling session, supervisors will document the formal counseling on an ………………………… The employee must sign the Employee Improvement Form (P-0646). The Employee Improvement Form (P-0646) will be filed in the employee’s division file. The supervisor will notify the Internal Affairs Unit of the date the Employee Improvement Form (P-0646) was issued for recording purposes. The Employee Improvement Form (P-0646) should not be sent to the Internal Affairs Unit.

A

Employee Improvement Form (P-0646)

26
Q

If a sustained allegation of misconduct warrants a Written Reprimand Level One (P-1711), supervisors will document the action on a …………………………. Employees must sign the document. The supervisor will then send the original form to the Internal Affairs Unit to be recorded and filed.

A

Written Reprimand Level One Form (P-1711).

27
Q

If a sustained allegation of misconduct warrants a Written Reprimand Level Two or more severe disciplinary action, the commanding officer will submit the completed case file to the lowest ranking appointed staff member in the principal employees’ chain of command along with:

A

a. All of the elements required in a formal field investigation in this order; and
b. Optionally, a separate Intradepartmental Correspondence Form (P-0004) with the field investigator’s specific recommendation of discipline.

28
Q

No copies of any records, documents, or recordings will be made, or distributed, without the approval of the

A

Undersheriff or the Commanding Officer of Internal Affairs Unit.

29
Q

On ……….basis, the Internal Affairs Unit shall provide a statistical summary of all profiling complaints for the year to the Professional Oversight Unit for inclusion in their annual administrative review as required by accreditation standards. The statistical summary shall include the findings of the complaint investigations (sustained, not sustained, exonerated, or unfounded), any corrective measures taken on sustained allegations of bias based profiling, the type of interaction that precipitated the citizen contact and allegation, and any patterns or trends identified by the Internal Affairs Unit regarding the complaints. [CALEA 1.2.9, CFA 2.06]
References:

A

an annual