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APD Policy > Administrative Investigations > Flashcards

Administrative Investigations Flashcards

1
Q

Internal administrative investigation process from start to finish:

(a) Complaint ____
(b) Complaint ____ and ____
(c) Complaint ____
(d) Complaint ____
(e) Discipline ____

A

Acceptance; Assessment; Classification; Investigation; Disposition; Process

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2
Q

Administrative Investigation - An investigation of alleged ____ by an APD employee that could result in disciplinary action. These may be conducted by:

(a) APD ____
(b) Employee’s chain-of-command.
(c) APD-____or City-____
(d) The City ____ Office.
(e) An independent investigator appointed by the Chief or their designee and/or the City Manager.

A

misconduct; Internal Affairs (IA); Human Resources; Human Resources; Auditor’s

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3
Q

A Discipline Meeting is only held for discipline not to exceed a ____ suspension.

A

15 day

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4
Q

A Dismissal Review Hearing is only held when discipline may exceed ____, up to and including ____, and/or demotion in rank.

A

15 days; indefinite suspension

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5
Q

IA External Complainant Contact Form (PD0084)

A

A form used to document an external complaint on an employee. This is generally used by supervisors who are attempting to handle minor complaints prior to notifying Internal Affairs.

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6
Q

IA Internal Complaint Memo (PD0081)

A

A form used to initiate an internal complaint on an employee.

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7
Q

Internal Affairs Case Management System (ICMS)

A

The electronic system used to enter and track all complaints received by Internal Affairs and the Office of the Police Monitor.

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8
Q

Supervisors notified of a minor complaint are required to contact the complainant within ____ of the time the complaint was received and attempt to resolve the issue.

A

one (1) calendar week

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9
Q

Class A Complaint- Cases in which the potential discipline is more than a ____, ____ suspension and/or demotion. Generally, Class A complaints include, but are not limited to:
Criminal conduct. Serious violations of a policy, rule, or regulation. Conduct that challenges the integrity, good order, or discipline of the Department.

A

15-day suspension; indefinite

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10
Q

Class B Complaint- Cases in which the potential discipline is a
____ or less. Generally, Class B complaints include, but are not limited to: profanity, belittling language, inadequate police service, minor traffic violations). Negligent damage or loss of property.Negligent crashes

A

15-day suspension

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11
Q

Class B Complaints will be referred to the involved employee’s chain-of-command for investigation and follow the guidelines set in this policy. The OPM has ____ rights to Class B investigations that are conducted by an employee’s chain-of-command.

A

full access

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12
Q

There are also two alternative ways to handle Class B investigations:
Officer ____ Agreement (OFCA): For qualified Class B Complaints, an eligible employee may elect this process to speed
up the investigation and discipline process.
Mediation: For qualified External Class B Complaints only, an eligible employee and complainant may elect to ____ in lieu of a formal investigation.

A

Final Classification; mediate

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13
Q

Class C Complaint- Generally, allegations that: Do not fit into the Class A or
Class B category,The complaint ____ rise to the level of a policy violation, and the complaint would best be handled through other departmental processes (e.g., grievance, performance improvement plan (PIP), training).

A

does not

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14
Q

Class C complaints will be reviewed by the IA ____ and the employee’s chain-of-command. If all of the parties agree with the initial Class C classification, the complaint will be “____”. If it is determined that additional investigative followup is needed, the complaint may be reclassified and investigated according to its new classification.

A

commander; administratively closed

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15
Q

Class D Complaint- Allegations that ____ rise to the level of a policy violation and meet one or more of the following criteria: A ____ review of the allegation shows it is ____ (e.g., video or audio recording shows allegation is false), and/or the complaint is about the probable cause for an arrest or citation that appears to be unsubstantiated.

A

do not; preliminary; not true

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16
Q

Supervisor Referral- An incident where no ____ complaint affidavit has been received by IA, however the ____ requests that the issue be brought to the attention of a supervisor. These informal complaintsare made directly to IA and/or the OPM.

A

formal; complainant

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17
Q

If IA/OPM receives this ____ complaint from a citizen, it will be forwarded to the appropriate supervisor and chain-of-command for its followup and response. Supervisor referrals are entered into the IA tracking system for documentation purposes only and ____ for disciplinary purposes.

A

informal; not

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18
Q

Information Incident- An incident where ____ apparent policy violation has been committed and a ____ has not been received.
Information incidents may also be from complaints that are brought to the direct attention of a supervisor, handled satisfactorily and documented on an IA External Complainant Contact Form.

A

no; signed affidavit

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19
Q

Garrity Related Materials - Garrity related materials are the result of an administrative order requiring an employee to give evidence or statements as a condition of continued employment. This includes, but is not limited to:

(a) ____ provided by the accused employee.
(b) The results of a Department ordered ____.
(c) The results of a Department ordered ____
(d) ____ records.
(e) ____ receipts.
(f) ____records.

A

Sworn statements; polygraph; blood and/or breath test; Cellular telephone; Credit card; Medical

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20
Q

Except as provided herein, Garrity related materials obtained during the administrative investigation ____ be provided to a ____ and/or prosecutor unless:

(a) The employee who is the subject of the ____ authorizes its release.
(b) The evidence relates to a ____, given under oath by the employee, which may constitute perjury or aggravated perjury.
(c) In response to a lawful ____.

A

shall not; criminal investigator; administrative investigation; false statement; subpoena

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21
Q

Investigative information shall be shared with IA in a timely manner. When a criminal investigation has been ____, the assigned SIU investigator will notify the ____ conducting the administrative investigation of the final status of the criminal case.

A

completed; IA investigator

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22
Q

When a ____ is released to IA by SIU, an ____ sheet of the received items shall be completed by the SIU investigator and signed by the IA detective accepting the documents. SIU shall maintain a copy of the ____ sheet for their case files.

A

criminal investigation; inventory; inventory

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23
Q

Administrative Investigators shall prepare and furnish a written Notice of Allegations which explains the nature of the complaint to the accused officer not less than ____ hours before beginning the initial interview of an accused officer.

A

48

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24
Q

The results of any ____ shall be restricted to the administrative investigation.

A

compelled technique

25
Q

Sworn employees of this department may be administratively ordered by the Chief or designee to submit to:

  1. A blood, breath or urine test for alcohol and drugs.
  2. A ____ examination
  3. A ____ evaluation.
  4. Other medical or laboratory tests as deemed necessary.
  5. Conduct a video ____.
  6. Be ____.
  7. Participate in a physical ____.
  8. Produce documents reasonably related to an investigation (e.g. financial documents, credit reports, phone records).
  9. Other administrative orders, as necessary.
A

polygraph; psychological; re-enactment; photographed; lineup

26
Q

Once IA has completed their investigation they shall give the involved employee’s ____ access to the case file. The ____ shall recommend a disposition for the allegation based upon a ____.

A

commander; commander; preponderance of the evidence

27
Q

OFCA means?

A

Officer Final Classification Agreement

28
Q

Officer Final Classification Agreement (OFCA) is an option available to officers who wish to ____ the investigative and discipline process time for minor complaints meeting the criteria specified below.

  1. Class B INTERNAL complaints that involve less serious violations of Department policies or procedures where the Matrix guidelines allow for discipline not greater than ____ days may be eligible. Examples include, but are not limited to:
    (a) Failure ____.
    (b) Accidental ____.
    (c) Pursuits.
    (d) Officer Involved ____.
  2. Class B EXTERNAL complaints that involve less serious violations of Department policies, or procedures where the Matrix guidelines allow for discipline not greater than a ____ may be eligible. Examples include but are not limited to:
    (a) Allegations of ____ language.
    (b) Allegations of ____ police service.
    (c) Allegations of ____.
  3. Class A, C and D complaints are not eligible.
  4. An officer with ____ or more complaints of a similar nature within the previous 12 months is not eligible for the OFCA for similar subsequent violations.
A

shorten; three (3); to Qualify; Discharge; Collisions; written reprimandprofanity and/or inappropriate; inadequate; rudeness; 2

29
Q

Officers agreeing with the complaint and wanting to invoke their OFCA option may do so by submitting a ____ along with a signed OFCA form to IA within ____ hours of receiving the Notice of Allegations.

A

memorandum; 48

30
Q

By accepting the OFCA, the officer is accepting ____ for their actions and the complaint shall receive a final disposition of ____. The officer will not receive discipline exceeding a ____ day suspension for internal complaints or a ____ for external complaints. These cases are not subject to additional
investigation unless new information is received that indicates a more serious policy violation may have occurred. OFCA’s should be completed within ____ of the date the investigation is assigned to the chain-of-command. If an OFCA is invoked, the ____ business days time frame for the administration of discipline does not apply.

A

responsibility; sustained; three (3); written reprimand; 20 days; 10

31
Q

Once mediation has occurred, the matter ____ be returned to the Department to be handled as a ____ matter unless the officer fails to complete the mediation session. Complaints resolved via mediation ____ be counted as an incident in the Guidance Advisory Program.

A

cannot; disciplinary; will not

32
Q

Complaints shall be reviewed by the IA lieutenant or commander within ____ business days of receipt to determine whether they would be appropriate for mediation.

A

two (2)

33
Q

The chain of command shall report back to the IA lieutenant within ____ calendar days indicating whether the officer has accepted or declined mediation as a complaint resolution.

A

five (5)

34
Q

Officers will be eligible to choose mediation as an option to resolve complaints of a substantially similar nature no more than ____ every ____ or ____ per calendar year.

A

once; 6 months; twice

35
Q

Mediations will be scheduled on the earliest possible date; generally within ____ days from the date of receipt of the formal complaint affidavit, if possible.

A

thirty (30)

36
Q

A mediation session will be scheduled for a ____ hour time slot.

A

two (2)

37
Q

Officers must schedule mediation sessions during their normal duty hours if those hours coincide with the normal business hours set forth by the ____.

A

Dispute Resolution Center

38
Q
  1. If the officer or complainant will be delayed less than ____, the session shall commence upon the party’s arrival.
  2. If the officer or complainant will be delayed more than ____, the Dispute Resolution Center shall consult with the other party to determine whether the delay is acceptable or whether that party would prefer to reschedule.
A

20 minutes; 20 minutes

39
Q

Pursuant to a Department of Justice recommendation and a study of industry-wide best practices, IA ____ recommend a disposition for any complaints.

A

does not

40
Q

The standard of proof used to arrive at a final disposition is a ____.

A

“preponderance of the evidence”

41
Q

Internal investigations ____ be brought before the Citizen Review Panel (CRP) by the OPM as detailed in the Meet and Confer Agreement.

A

may

42
Q

The ____ in charge of the investigation shall be responsible for appearing before the CRP and presenting the case under review. The ____ in charge shall answer questions concerning an investigation subject to the CRP’s review.

A

commander; commander

43
Q

The Police Monitor and the CRP _____ make recommendations to the Chief of Police on disciplinary matters involving critical incidents.

A

may

44
Q

The ____ in charge of the investigation shall be responsible for responding, in ____, to any recommendations issued by the Police Monitor or CRP concerning an investigation conducted under their command.

A

commander; writing

45
Q

Generally, the DM or DRH will not be conducted any earlier than
____ business days after the Notice of Sustained Allegations has been presented to the subject officer unless the Chief or designee determines this requirement will jeopardize the ability to impose disciplinary action within the ____-day statutory period or is in the best interest of the Department.

A

10; 180

46
Q

Informing the subject officer that they and/or their attorney have the right to review the investigative file for a total of ____ hours prior to the scheduled DM or DRH, pursuant to the Meet and Confer Agreement. Reviews shall be conducted at the IA offices.

A

five (5)

47
Q

If an employee has received a Notice of Sustained Allegations to attend a DM they, and/or their attorney or APA representative, has the right to provide a written response to the investigation directly to the commander in charge:
1. The written response must be in the form of a Departmental memorandum or, if submitted by the attorney/APA representative, in an appropriate letter and may contain any facts or evidence the subject officer, the attorney/APA representative deems pertinent to the investigation and discipline process. The memorandum/letter must be presented to the commander in charge no more than ____ days after the Notice of Sustained Allegations is received by the subject officer.

A

5 calendar

48
Q

If an Independent Discipline Review is requested, the scheduled DM shall not take place until after the Review has occurred, unless this Review will prohibit the Department from imposing disciplinary action within the ____-day statutory deadline.

A

180

49
Q

The following procedures shall be followed when an Independent Discipline Review is requested:
(a) An Independent Reviewer shall be an ____ not in the subject officer’s direct chain-of-command.

A

assistant chief

50
Q

Dismissal Review Hearings (DRH) are conducted for possible temporary suspensions of
____ or more days, indefinite suspensions, and/or demotions.

A

16

51
Q

Employees who are scheduled for a DRH may present facts or evidence for consideration by the Chief of Police or designee. Following the completion of the DRH, the Chief of Police shall normally, within ____ business days, render the final disciplinary decision. The subject officer shall be contacted and will meet with their chain-of-command so that they can be advised of the Chief’s disciplinary decision.

A

2

52
Q

All information relating to an open IA investigation, or a closed IA investigation which ____ result in formal discipline, is considered ____.

A

did not; confidential

53
Q

Employees ____ disclose or discuss details of any open IA case, or closed IA case which did not result in formal discipline, with anyone except:

  1. ____ assigned to the case.
  2. The employee’s ____.
  3. The employee’s ____.
  4. Other persons specifically designated by the Chief or designee.
A

shall not; Investigator(s); attorney; chain-of-command

54
Q

Retention periods are from the final ____ date of the investigation. Once the retention period has passed the file shall be destroyed.

A

disposition

55
Q

Records Retention Period for- Investigations that result in sustained “formal discipline” as defined by this section, or cases where the employee retires or resigns while under investigation

A

15 Years

56
Q

Records Retention Period for- Investigations that result in sustained “informal discipline” as defined by this section, or whose findings are inconclusive

A

5 Years

57
Q

Records Retention Period for- Investigations whose findings are not sustained (e.g., Unfounded, Exonerated or Administratively Closed)

A

3 Years

58
Q

Records Retention Period for- Complaints that do not lead to a formal IA investigation(e.g., Mediation, Class C, Class D, Information incidents and Supervisory Referrals)

A

2 Years from the date that determination is made not to initiate an IA investigation

59
Q

Generally, in order for a sworn employee to be temporarily suspended, demoted, or indefinitely suspended for allegations based on a criminal nature, an investigation must be completed and discipline imposed within ____ days from the date the Department ____ the allegation, provided that the officer is still subject to prosecution under the applicable criminal statute of limitations.

A

180; discovers

APD Policy (59 decks)

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