8.330 Maintenance Of Values And Ethics Flashcards
Supervisors are encouraged to contact the on-call ________________ if questions or procedural issues arise concerning internal investigations.
IAB team leader
IA investigators, the Criminal Investigations Section (CIS), the Employee Early Identification and Intervention Program (EIIP), and the Employment Diversity Section (EDS) – is the direct representative of the
Sheriff
IAB and bureau command investigators conducting internal investigations will receive the full cooperation of all department employees, whether subject, complainant, or witness. Failure to cooperate will be considered ___________ and will subject that employee to disciplinary measures up to and including termination.
insubordination
What is a Citizen Contact/Preliminary Inquiry
Not considered formal investigations, these are conducted to determine the nature of the complaint
What is the Citizen Review Board (CRB)
Created by law to review internal investigations concerning complaints against commissioned police and corrections officers
To ensure consistency, all requests from CRB, including those for training, site visits, and policy/SOP requests, will go through the ___ _________. In the absence of, the ____ ______ of the Professional Standards Division will address all CRB requests.
IAB commander, Deputy Chief
Customer Service Dispute
Disputes concerning the methods and procedures used by the department to provide various services. A customer service dispute is investigated by a supervisor with the goal of explaining and educating the complainant as to the operations of the department as well as improving service delivery by the department. A customer service dispute is not an allegation that involves a violation of law or department policy.
Minor Allegation Investigation
Allegations of misconduct that if found to be true could result in discipline in a Written Reprimand. These cases can be investigated by the bureau upon approval and direction from IAB.
Major Allegation Investigation
Allegations of misconduct that if found to be true could result in a disciplinary transfer, suspension, demotion, or termination. All such cases will be investigated by IAB unless otherwise directed by the Sheriff or designee.
Definition of Sustained
Investigation established that misconduct occurred.
Definition of Not Sustained
Investigation failed to produce sufficient evidence to clearly prove or disprove the allegation.
Unfounded
The alleged act did not occur.
Exonerated
The alleged act did occur but was justified, legal, and proper.
Misconduct Not Based on Complaint:
Misconduct occurred but was not a part of the original complaint.
Policy Failure
The act did occur and was in compliance with department policy; however, the determination is the allegation of misconduct could have been prevented had policy been more clear or complete
What is the Burden of Proof for IA investigations
is that of clear and convincing evidence.
This is a stricter burden of proof than preponderance of evidence; however, it is a lesser requirement than proof beyond a reasonable doubt.
Anonymous complaints will be evaluated by ________ to determine the extent to which they should be investigated.
IAB
What actions should be taken when there is an incident or complaint alleging a major violation, alcohol or drug abuse, or criminal acts by an employee?
IAB should be notified immediately.
Who will be immediately notified of any reports of criminal acts disclosed by a citizen or employee that are not the result of a compelled statement
Criminal Investigations Section
What is the process for a citizen to make a complain after hours?
on-duty LT will be contacted to assess the need for immediate IAB response.
Supervisor receiving or initiating a complaint will:
- Interview the complainant to determine the facts and circumstances of the alleged misconduct. If the complaint is not an allegation that involves a violation of department policy or violation of law, handle the matter as a customer service dispute that will be documented on a citizen contact. If it does involve a violation of LVMPD policy or law, an SOC will be opened.
a. The SOC will document the nature of the complaint, the person making the complaint and any witnesses to the allegation. If the complainant only provides partial information, they will be advised that there may be a delay in the completion of the investigation.
b. Once the SOC is completed, it will be forwarded to IAB. If the complainant insists on making a complaint that may not equal misconduct in the supervisor’s estimation, an SOC will be completed and forwarded to IAB for review and conclusion. - Explain the investigatory process to the complainant.
- If the complaint only involves the complainant’s disagreement with an established and proper department policy, procedure, rule, regulation, law, or practice, a supervisor conducting the inquiry will:
a. Explain to the complainant department policy, procedure, rule, regulation, law, or practice and how the issue does not rise to misconduct.
b. Document the discussion in Blue Team as a citizen contact.
All internal investigations should be completed within ___ days unless approved by the IAB lieutenant
90 days
Under what circumstances might an expedited investigation be conducted as an alternative method to a full investigation?
Expedited investigations occur when an employee readily acknowledges their actions and wants a prompt resolution. An expedited investigation may occur thorugh Office of Labor Relations
