ARTICLE 29 Internal Sercurity Interview Procedure

Question 1

START
Section 1. Investigations Through The Chain Of Command.
Minor allegations of misconduct made against officers which are of the type set out in the _______contained in the General Manual shall be investigated within the Officer’s chain of command within ______ days of receipt of the written complaint.

Answer 1

Complaint Matrix

twenty-one (21) calendar

Question 2

Section 1. Investigations Through The Chain Of Command.
Minor allegations of misconduct made against officers which are of the type set out in the Complaint Matrix contained in the General Manual shall be investigated within the Officer’s chain of command within twenty-one (21) calendar days of receipt of the written complaint. The
_____of the station/section will conduct the investigation under procedures and guidelines set
out in the General Manual. Such an investigation of the Officer shall be confined to the _______, and that complaint only.

Answer 2

Captain

written complaint

Question 3

Section 1. Investigations Through The Chain Of Command.
The Captain of the station/section will conduct the investigation under procedures and guidelines set
out in the General Manual. Such an investigation of the Officer shall be confined to the written complaint, and that complaint only. If the Officer is the rank of Captain or above, or if the Officer has no Captain in their chain of command, the Officer’s D_____, B______, or C______ will investigate. Suspensions, if imposed, may be for
up to _______days.

Answer 3

Division Commander, Bureau Commander, or Chief of Police or designee

three (3) calendar

Question 4

Section 1. Investigations Through The Chain Of Command.
Suspensions, if imposed, may be for up to three (3) calendar days. If the accused Officer does not agree with the final terms of the contemplated disciplinary decision within_____ days, the case will be forwarded to the Internal Affairs Unit for further investigation.

Answer 4

five (5) calendar

Question 5

Section 1. Investigations Through The Chain Of Command.
Suspensions agreed to by an Officer may not
be appealed to or altered by the Commission, an arbitrator, or by any court. Investigations
through the chain of command do not entitle the Officer to have an ______present during interviews with his commanding officer, but nothing herein prohibits an officer from seeking advice from an _____ or _______provided it is within the _______time limit.

Answer 5

attorney

attorney or an Association representative

five (5) day

Question 6

The Officer will be advised in writing of the procedures applicable to the line complaint investigative process by the _____prior to providing a report or response. Officers shall have a reasonable opportunity to consult with counsel before writing a response, statement,
or report resulting from a complaint. The term “complaint” as used in this article does not
include _________ raised by the _______ or ______

Answer 6

Captain

questions about performance of duty

Supervisor or fellow Officers.

Question 7

Section 2. Internal Affairs Investigations.
This procedure shall apply to all non-criminal investigations of misconduct by officers except
investigations through the chain of command conducted under Section 1 above.
A. An interview of the charged Officer shall take place at a location designated by the ________, usually at the police facility to which the Officer is assigned or the Internal Affairs Office.

Answer 7

investigating Officer

Question 8

Section 2. Internal Affairs Investigations.
A. An interview of the charged Officer shall take place at a location designated by the
investigating Officer, usually at the police facility to which the Officer is assigned or the Internal
Affairs Office. If the Officer is required to complete written interrogatories, at the Officer’s
request, such interrogatories shall be provided to the officer on a _______so that the
officer may complete such interrogatories at a location other than a police facility. The Officer
must return the completed interrogatories in accordance with a ________between the
officer and the investigator in charge of the investigation. An Officer who requests to complete
the interrogatories in this manner will do so during their off duty time and will not be
compensated by the Department in any way. When the interrogatories are completed, the Officer
shall return the computer disk and their responses to the investigator in charge of the
investigation for review and clarification by either party. The Officer will sign the printed copy
of the report in the presence of the investigator.

Answer 8

computer disk

written agreement

Question 9

Section 2. Internal Affairs Investigations.
A. An interview of the charged Officer shall take place at a location designated by the investigating Officer, usually at the police facility to which the Officer is assigned or the Internal Affairs Office. If the Officer is required to complete written interrogatories, at the Officer’s request, such interrogatories shall be provided to the officer on a computer disk so that the officer may complete such interrogatories at a location other than a police facility. The Officer must return the completed interrogatories in accordance with a written agreement between the officer and the investigator in charge of the investigation. An Officer who requests to complete
the interrogatories in this manner will do so during their ________and will not be compensated by the Department in any way. When the interrogatories are completed, the Officer shall return the computer disk and their responses to the ______ in charge of the investigation for review and clarification by either party. The Officer will sign the printed copy
of the report in the presence of the investigator.

Answer 9

off duty time

investigator

Question 10

Section 2. Internal Affairs Investigations.
A. An interview of the charged Officer shall take place at a location designated by the investigating Officer, usually at the police facility to which the Officer is assigned or the Internal Affairs Office. If the Officer is required to complete written interrogatories, at the Officer’s request, such interrogatories shall be provided to the officer on a computer disk so that the
officer may complete such interrogatories at a location other than a police facility. The Officer must return the completed interrogatories in accordance with a written agreement between the officer and the investigator in charge of the investigation. An Officer who requests to complete the interrogatories in this manner will do so during their off duty time and will not be compensated by the Department in any way. When the interrogatories are completed, the Officer shall return the computer disk and their responses to the investigator in charge of the
investigation for review and clarification by either party. The Officer will sign the ________ of the report in the presence of the ________.

Answer 10

printed copy

investigator

Question 11

Section 2. Internal Affairs Investigations.
B. The Officer shall be informed of the r ___________, n___________ and c___________ of the Officer in
charge of the investigation, and the identity of all persons present during the interview. If an
Officer is directed to leave his post and report for interview to another command, the Officer’s
81 assigned command shall be promptly notified of the Officer’s whereabouts.

Answer 11

rank, name and command

Question 12

Section 2. Internal Affairs Investigations
C. The Officer under investigation shall be informed _______ prior to being interrogated or asked to otherwise respond to an investigation of the ___________ of the investigation, and sufficient information to reasonably apprise the officer of the allegations shall be provided. The Officer shall be allowed to review but not copy verbatim or photocopy any c___________, a___________, other w___________ s, G___________ /A___________ , v___________ a___________, and p___________, which have been gathered as part of the administrative
investigation. The Officer shall not release the provided information to any person other than his
attorney or representative.

Answer 12

forty-eight (48) hours

general nature

complaints, affidavits, other written statements, GPS/AVL readouts, video recordings, audio
recordings, and photographs,

Question 13

Section 2. Internal Affairs Investigations
D. The interview shall be completed with reasonable dispatch. Reasonable respites
shall be allowed. Time shall be provided also for personal necessities, meals, telephone calls, and
rest periods as are deemed necessary. Except in exigent circumstances where the seriousness of
the complaint warrants an extended interrogation, or when the complaint will expire within ___________ days, an Officer shall not be required to submit to any single interview for longer than ___________. The interviewing Officer shall advise the Officer being interviewed of an estimated time for the interview process.

Answer 13

sixty(60) calendar

six (6) hours

Question 14

Section 2. Internal Affairs Investigations
E. The Officer shall not be subjected to any ___________, nor shall he be threatened with t___________, d___________ or other ___________. No promise of reward shall be made as an inducement to answering questions. Nothing herein is to be construed so as to prohibit the investigating Officer from informing the Officer under investigation that this
conduct can become the subject of disciplinary action resulting in disciplinary punishment.

Answer 14

offensive language

transfer, dismissal or other disciplinary punishment

Question 15

Section 2. Internal Affairs Investigations
F. In all cases where an Officer is to be interviewed concerning an alleged act which,
if proven, may result in any disciplinary action, the Officer under investigation shall be afforded
a reasonable opportunity and facilities to contact and consult privately with ___________ of his
own choosing or a representative of ___________ before being interviewed. An attorney of his
own choosing or a representative may be present during the interview. A representative may not
be a Police Officer who is ___________, or a ___________ in the incident being investigated. Such representative may not participate in the interview except to counsel the Officer, or to assert any rights afforded to the Officer under this article in a manner
which does not impair the ability of the investigator to conduct the interview and obtain
information directly from the Officer.

Answer 15

attorney

Association

is related to the respondent, or a supervisor with involvement

Question 16

Section 2. Internal Affairs Investigations
G. If an Officer is or maybe likely to be placed under arrest, that is if the Officer under investigation is a suspect or the target of a criminal investigation, the Officer shall be given his rights pursuant to the Miranda Decision. Nothing in this subsection shall be construed to limit the authority of the ___________ to conduct ___________ nor shall anything in this subsection be construed to relieve the Officer of his obligation to fully cooperate with said 82 investigations, to comply with the Rules and Regulations and Procedures of the San Antonio Police Department, or to provide thorough, complete and truthful responses to requests for written statements and written interrogatories in connection with said administrative investigations.

Answer 16

Chief

administrative investigations

Question 17

Section 2. Internal Affairs Investigations
In all investigations where the Officer is subject to a companion or concurrent criminal investigation, the Department shall ensure that any officer’s statement gathered as part of the administrative investigation shall not be released to the criminal investigating entity, except as required by a __________or required to be disclosed by ____ or ______.

Answer 17

subpoena

law or Court decision

Question 18

Section 2. Internal Affairs Investigations

H. The Officer under investigation shall be given an __________ he may execute.

Answer 18

an exact copy of any written statement

Question 19

Section 2. Internal Affairs Investigations
I. The refusal by an Officer to answer pertinent questions concerning any administrative matter may result in __________.

Answer 19

disciplinary action

Question 20

Section 2. Internal Affairs Investigations
J. An Officer shall have the right to have the interview __________ or __________, provided the Officer furnishes the tape and the recorder and __________
prior to the beginning of the interview session. The tapes or digital file shall remain in the custody of the __________of the Police Department but shall be available for review by the __________ or the __________in the event the interview may result in
disciplinary action, or a grievance.

Answer 20

tape or digitally recorded

advises all parties of the recording

Internal Affairs Unit

Officer or the Officer’s designated representative

Question 21

Section 2. Internal Affairs Investigations
K. No conversation between an Officer and an investigating officer may be recorded without __________, that it will be recorded. Prior to entering the Internal Affairs office, an Officer must disclose the existence of any __________or be subject to disciplinary action. The Chief may authorize the wearing of a concealed recording device during any criminal investigation which may involve an Officer.

Answer 21

disclosure

recording device

Question 22

Section 2. Internal Affairs Investigations
L. A polygraph examination may be required of an Officer by the _____only in the strictest confidence and where the complainant, and any complaining witnesses who give a written statement have been examined and found wholly truthful by a licensed examiner. The
fact that an examination is ordered or administered and the results thereof shall not be disclosed by the Chief or the examiner to any person, except following execution of ___________.

Answer 22

Chief

written agreement between the Chief and the examined Officer

Question 23

Section 2. Internal Affairs Investigations
M. The ______shall provide written notice, in a sealed envelope, to the individual Officer of the final status of any complaint filed with the Internal Affairs Unit where the Officer in question had to respond in writing to the complaint.

Answer 23

Chief’s office

Question 24

Section 2. Internal Affairs Investigations

N. The results of a formal investigation will be forwarded to the _______for recommendations.

Answer 24

Advisory Action Board

Question 25

Section 3. Chief’s Advisory Action Board.
Chief’s Advisory Action Board (CAAB) as used in this section shall mean the_____ and _______
A. The Police portion of the Chief’s Advisory Action Board shall consist of _____voting members: a Deputy Chief who shall serve as chairperson; one Captain; one
____; one ____; one ______; and two ______. The members shall be appointed by the Chief. Those members shall serve for one hundred and ______days.

Answer 25

combined Police portion of the Advisory Action Board and the Citizen’s portion of the Advisory Action Board.

A) seven(7)

one Lieutenant; one Sergeant; one Detective Investigator; and two Patrol Officers

eighty (180) calendar

Question 26

Section 3. Chief’s Advisory Action Board.
C. Citizen Advisory Action Board
1. This Board shall be comprised of _____ appointees selected from a panel of ____available members appointed as set forth below. Of the initial seven (7)
appointees,_____appointees shall be replaced following the expiration of _____-days from the date
of their first Board meeting with 3-4 members of the panel of fourteen (14) not having served on the Board in the previous 180-days. The rotation of Board members shall continue until such time as all ______members have served on the Board and after such time shall
continue with no Board appointee serving for more than ______180-day periods. The Chairman shall be entitled to alter the rotating list in order to coordinate the schedules of the participants. The Chairman may approve agendas for matters not involving the ____, _____, or ______, in instances where workload for the Board makes it necessary, which do not require the attendance of the citizen Board members. The Chairman
shall schedule any complaint for civilian member participation, upon request by the Officer or
the complainant; if it is reasonably possible to do so based on the workload and availability of
civilian members. Notice shall be given to the ______. It is understood and agreed that the civilian members shall, nevertheless, be required to hear the full range of
disciplinary cases and controversies presented to the Board, in order to develop an accurate
sense of context and fairness.

Answer 26

seven (7)

fourteen (14)

3-4

180

fourteen (14)

two (2) consecutive

use of force,
bodily injury, or unlawful search or seizure

President of the Association

Question 27

Section 3. Chief’s Advisory Action Board.
C. Citizen Advisory Action Board
2. Members of the panel for the Citizen Advisory Action Board shall be selected by the
City Council from a list of names provided by the _____. Prior to providing names to the Council, the _____ shall solicit applications from qualified citizens of good character, and
objective ability, and shall recruit qualified individuals as necessary to have a sufficient list for
consideration. The _______shall determine whether or not to recommend each of the
individuals who apply. In addition, the ______shall determine whether or not to
recommend each of the individuals. The input and recommendation of the ________shall also be obtained as to each of the individuals. The _____shall
receive a compilation of the applicants along with the separate recommendations by the ______, _____, and the _______. Each party agrees that the selections and the
final list shall be representative of the _____ of the community. The _______may select a
new member to replace anyone removed from the panel by selecting from any remaining names,
or from a new list provided in accordance with the forgoing provisions in the event of vacancies.

Answer 27

City Manager
City Manager
City Manager

Chief of Police

San Antonio Police Officer’s Association

City Council

City Manager, the Chief of Police, and the Association

diversity

City Council

Question 28

Section 3. Chief’s Advisory Action Board.
C. Citizen Advisory Action Board
3. Citizens appointed to serve on the panel shall meet the minimum requirements for
eligibility established under state statute for service on the Fire and Police Civil Service
Commission and shall take an oath of office as members of the panel. In addition, no person shall be
appointed to serve on this panel who has been indicted for a felony or a __________, or
officially __________with a Class A or B Misdemeanor. Members of the panel shall serve at the
pleasure of the __________, which may remove them, or replace them at any time, with or without
cause. Members shall have no right to the position, and shall not be entitled to removal proceedings
or a hearing. If not removed or replaced, a member shall serve for a __________period. The City
__________ ordinance shall apply to all members of the Citizen Advisory Action Board.

Answer 28

crime of moral turpitude

charged with a Class A or B Misdemeanor

City Council

two (2) year

Ethics

Question 29

Section 3. Chief’s Advisory Action Board.
C. Citizen Advisory Action Board
4. Appointment and selection for the meetings of the Board shall be accomplished in sufficient time to be able to provide each appointee with not less than __________ hours of training, including orientation work at __________, and one shift on the ride along
program. The responsibility for the training of each new member of the panel shall fall upon the
__________.

Answer 29

twenty-four (24) hours

Professional Standards

Commander of the Professional Standards Section

Question 30

Section 3. Chief’s Advisory Action Board.
C. Citizen Advisory Action Board

5. An accused Officer has a right to __________ and all members of the CAAB shall respect
   that right to __________, and shall have a duty to maintain the confidentiality of privileged
   information. Each member of the Uniform and Citizen Board shall sign a pledge of confidentiality,
   agreeing to maintain the right of privacy as to privileged matters under applicable law. Any
   violation of this right shall be grounds for disqualification or removal from the panel, as set forth
   below. “Right to privacy” shall mean only the right of any accused Officer of the Department to
   have the allegations, facts, testimony and evidence brought before the Board held in confidence by
   the members hearing the case, and shall not extend to include any public information or information
   imparted to the Board members from public information, or from individuals not officially connected to the Internal Security process. The __________ shall keep and maintain all records of the Board, and no members shall have or maintain any records other than during the meetings of the Board, or on Department premises, in connection with their official duties. This article shall not be interpreted to impair or effect the right of any person, including the citizens on the Board, to make
   report of facts to the __________, the __________, or __________, or to testify under subpoena,
   the rules of discovery, or order of any court; nor shall this article be interpreted to impair or affect
   the rights of any Officer under __________ vs. __________or its progeny and Miranda vs. Arizona or its
   progeny

Answer 30

privacy

privacy

Chairman

Chief of Police, the District Attorney, or the FBI

Garrity vs. New Jersey

Question 31

Section 3. Chief’s Advisory Action Board.
C. Citizen Advisory Action Board
6. If any member of the Citizen Advisory Action Board is accused by an Officer of a violation of the right to privacy, the __________shall convene and if a determination is made that a member of the Citizen Advisory Action Board violated an Officer’s right to privacy, then the Civil Service Commission may remove that member. If the breach of privacy involves a
direct report of confidential information by the member to the public or the press, removal by the
Civil Service Commission shall be __________. In any event, the Civil Service Commission shall
send a report of its findings and action to the __________. The purpose of these hearings shall be to
protect the interests of accused Officers and the complainants, and shall not give rise to any rights
on the part of the member accused of a breach of right to privacy.

Answer 31

Civil Service Commission

mandatory

City council

Question 32

Section 3. Chief’s Advisory Action Board.
E. The________ shall be responsible for the maintenance of the confidentiality of all files submitted for review by the CAAB.

Answer 32

Chairperson of the Chief’s Police Advisory Action Board

Question 33

Section 3. Chief’s Advisory Action Board.
F. The Chairperson of the CAAB, on recommendation from any member of the CAAB may elect to hear testimony from complainants or responding Officers. Attendance to these boards meetings where testimony is requested are entirely ______ and complainants or
responding Officers may elect to remove themselves at any stage of the questioning by either
board without fear of reprisal. The _____ of the CAAB shall determine the manner in
which all meetings shall be conducted and shall be the determining factor as to the hearing of
testimony or attendance by any person. No responding Officer or complainant shall have the
right to be represented by counsel, but may be accompanied by an _______.

Answer 33

voluntary

Chairperson

observer

Question 34

Section 3. Chief’s Advisory Action Board.
G. Each board shall make independent recommendations and forward these
recommendations to _______. Such recommendations are advisory only and are not
binding on the _____. The Citizen Advisory Action Board may not conduct a _______ but may recommend to the Chief of Police that further investigations
should be undertaken.

Answer 34

the Chief of Police

Chief

separate independent investigation

Question 35

Section 3. Chief’s Advisory Action Board.
H. Any matter which is brought before the CAAB, where a final ruling by the Chief of Police has occurred, the Chief of Police shall direct the ________ to notify the Complainant(s) and accused Officer(s) as to the final disposition of the case within ______days.

Answer 35

Commander of the Professional Standards Section

twenty-one (21) calendar

Question 36

Section 4. Chief’s City Vehicle Accident Advisory Action Board.
A. The Chief’s Advisory Action Board as described in Section 3 of this Article will no longer review cases involving City motor vehicle accidents. All cases involving City motor vehicle accidents previously assigned to the Chief’s Advisory Action Board will be assigned to the __________in accordance with this section.

Answer 36

Chief’s City Vehicle Accident Advisory Action Board

Question 37

Section 4. Chief’s City Vehicle Accident Advisory Action Board.
B. The City Vehicle Accident Advisory Action Board will consist of one (1) Captain, one (1) __________, one (1) __________and two (2) __________appointed
by the __________. The Captain shall serve as chairperson. Members shall serve from __________ through __________or from __________ through __________ of each calendar year.

Answer 37

one (1) Sergeant, one (1) Detective Investigator and two (2) Patrol Officers appointed by the Chief

January through June or
from July through December of each calendar year

Question 38

Section 4. Chief’s City Vehicle Accident Advisory Action Board.
C. Except as specifically provided for in this Article, the Chief’s City Vehicle Accident Advisory Action Board will be conducted in accordance with __________
provisions and the Chief’s Advisory Action Board outlined in this Article.

Answer 38

General Manual

Question 39

Section 4. Chief’s City Vehicle Accident Advisory Action Board.
D. An Officer will be retrained for an accumulation of points or the number of accidents at the Chief’s discretion. The occurrence of two chargeable accidents within a __________period will serve as a baseline for the Chief or the Board to review individual cases and training needs. Ultimately, retraining will be determined on the basis of __________, which may drastically differ from one case to another.

Answer 39

two-year

severity of the accidents

Question 40

For investigations through the chain of command (capt decides punishment) how long does the officer have to agree to the suspension, before it goes to IA?

Answer 40

Five days