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.