8.330 Flashcards
What is the policy of the department regarding employee misconduct complaints?
To investigate all complaints of employee misconduct, including harassment and discrimination, whether on- or off-duty.
What does the policy regarding complaints and investigations not substitute for?
Coaching, counseling, or mentoring to improve performance.
What are employees entitled to according to the policy?
Rights outlined by statute and their respective collective bargaining agreements (CBA).
What is the role of the Internal Affairs Bureau (IAB) in investigations?
IAB includes IA investigators, the Criminal Investigations Section (CIS), and the Employee Early Identification and Intervention Program (EIIP) and reports directly to the Sheriff.
What constitutes failure to cooperate during an internal investigation?
Failure to cooperate will be considered insubordination and may lead to disciplinary measures, including termination.
What is a Citizen Review Board (CRB)?
Created by law to review internal investigations concerning complaints against commissioned police and corrections officers.
What types of investigations are conducted by the department? List them.
- Citizen Contact/Preliminary Inquiry
- Citizen Review Board (CRB)
- Customer Service Dispute
- Minor Allegation Investigation
- Major Allegation Investigation
What does a ‘Sustained’ finding in an internal investigation indicate?
The investigation established that misconduct occurred.
What is the burden of proof required for internal investigations?
Clear and convincing evidence.
True or False: Anonymous complaints will be completely ignored by IAB.
False.
What should be done when a major violation is reported?
IAB must be immediately notified.
What is a Statement of Complaint (SOC)?
A document that will be opened if the complaint involves a violation of LVMPD policy or law.
Fill in the blank: Complaints will be accepted from any _______.
source.
What is the maximum timeline for completing internal investigations?
90 days unless approved by the IAB lieutenant.
What is an expedited investigation?
An alternative method to a full investigation when an employee acknowledges their actions and wants to conclude the matter promptly.
What are some examples of minor allegations that may be waived from formal investigation?
- Abuse/excessive use of sick leave
- Reporting for duty/tardiness
- Previous disciplinary actions for similar violations
What must IAB do after receiving a Statement of Complaint (SOC)?
Assign an IAB Case Management System contact number and forward it to the appropriate IAB lieutenant for initial case classification.
What happens if a complaint involves a disagreement with established department policy?
The supervisor will explain the policy to the complainant and document the discussion.
True or False: IAB will conduct investigations for all minor allegations.
False; minor allegations may be investigated by the bureau command.
What is the consequence of failing to complete a bureau-level investigation within 30 days?
Must be approved by the IAB lieutenant with a request for an extension.
What does ‘Not Sustained’ mean in the context of internal investigation findings?
The investigation failed to produce sufficient evidence to clearly prove or disprove the allegation.
What must be documented in a citizen contact when handling a complaint?
The nature of the complaint, the person making the complaint, and any witnesses.
What is the first step in the investigation process?
Outline the investigation, determine the evidence to be reviewed, and the order of witness interviews.
What types of evidence should be reviewed during an investigation?
Reports, video, CAD telephone, and radio.
Who must be interviewed for the case to be completed?
All witnesses.
What information must be communicated to the subject employee regarding the investigation?
Description of the nature of the investigation, summary of alleged misconduct, date, name and rank of the officer in charge, names of those present during interrogation, right to representation, and collective bargaining association.
What form must be forwarded to the appropriate association office?
Form LVMPD 90, Employee Notification of Internal Investigation.
What is the minimum notice period for scheduling an interview with the subject employee?
At least 48 hours, excluding non-working days.
True or False: The employee can waive their rights and still proceed with an interview immediately after notification.
True.
What must be documented if an employee waives their rights?
The waiver must be acknowledged and recorded in writing or on tape.
What is the preferred method of conducting interviews during the investigation?
In person, unless highly impractical.
What must be done with interviews to ensure they are properly recorded?
Record interviews using the provided format and contact IAB if a complainant or witness refuses to be recorded.
What is the purpose of the Investigative Report?
To document all elements of the investigation.
What does IAB do upon receiving and reviewing bureau investigations?
Concur with findings, request additional investigation, or assume control of the investigation.
What must the bureau commander do upon receipt of the IA Disposition Report?
Ensure the employee is notified of the disposition of their case.
What are the two options for addressing Sustained Complaints?
- Supervisory intervention
- Formal discipline
What is the role of the Discipline Board?
To determine discipline for PPA and PPACE subject employees.
What are the possible findings from an internal investigation?
- Not Sustained
- Unfounded
- Exonerated
- Misconduct Not Based on Complaint
- Policy Failure
- Sustained
Fill in the blank: The abeyance option is offered for certain distinguishable misconduct issues, such as _______.
[DUI, domestic abuse, drug abuse, anger management concerns]
What must be completed within 30 calendar days of receipt of the disposition?
Make a recommendation of adjudication.
What must occur if the recommendation is for a disciplinary transfer, suspension, or demotion?
Schedule a pre-disciplinary meeting with the employee and representative.
True or False: If the subject employee waives the pre-discipline meeting, the AOC must still be completed.
True.
What form must be utilized to document supervisory intervention?
Form LVMPD 421, Bureau Investigation Supervisory Intervention.
What must be documented on the Contact Report during supervisory intervention?
The session and any discussions regarding performance improvement.
What happens if the Bureau Investigation Supervisory Intervention form is denied by IAB?
It will be returned to the bureau investigator for additional follow-up.
What should IAB do post-investigation regarding the complainant?
Ensure the complainant is contacted and the finding is explained.
What is required if the recommendation for discipline is a disciplinary transfer or higher?
The case will be sent to the Discipline Board for determination.
What is the abeyance option?
A voluntary option offered for certain misconduct issues such as DUI, domestic abuse, drug abuse, and performance issues.
Who decides to offer the abeyance option?
The bureau commander, based on the nature of the performance/conduct and the level of discipline.
Can an employee have multiple abeyance options in their personnel file?
Yes, an employee may have another discipline with the abeyance option in their personnel file.
What is required for an employee to complete under the abeyance option?
Classes/counseling sessions that equal the exact number of hours held in abeyance.
What happens if an employee fails to complete the required classes/counseling?
They will be required to serve the suspension hours being held in abeyance.
How long does an employee typically have to complete the classes/counseling?
Normally 180 days, or as determined by OLR.
What must an employee submit after completing the required classes/counseling?
Completion certificate(s) to their chain of command and OLR.
What does OLR do regarding abeyance issues?
OLR tracks and closes all abeyance issues based on documented completion or failure to complete.
What is the maximum number of vacation hours an employee can use in lieu of suspension hours?
Up to 40 hours.
What factors should the bureau commander consider when allowing vacation hours in lieu of suspension?
- Disciplinary history
- Mitigating/aggravating circumstances
What is the procedure for offering vacation hours to an employee?
The supervisor must offer the vacation hours in the form of an ‘option’ which the employee can accept or reject.
Can the option be adjusted based on an employee’s work schedule?
Yes, the option may be adjusted to fit the employee’s work schedule.
What must the bureau commander do after determining the level of discipline?
Forward the AOC to OLR for inclusion in the employee’s personnel file.
What form must be completed when appropriate for suspension?
LVMPD 95, Notice of Suspension.
