Chapter 11 Personnel Complaint Investigation Procedures And Techniques

Question 1

How can police maintain respect and support of the puclic

Answer 1

Deal openly and forcefully with misconduct within their own ranks whenever it ocurrs

Question 2

What is the pattern of case prep for a complaint?

Answer 2

Find the exact nature of misconduct. Inquiry must be initiated for the purpose of determining the merit of the complaint, conclusions must be drawn from the facts. Action must be taken. Follow up to ascertain effect of any action

Question 3

What are the sources of complaints?

Answer 3

Internal, external, anonymous

Question 4

internal complaints are

Answer 4

Those emanating from within. Report auditors, employees, or supervisors

Question 5

External complaints come from

Answer 5

Outside the organization. Victims of police action. Can be 1st or 2nd party.

Question 6

Anonymous complaints

Answer 6

An agency serious about professionalism and trust must take all anonymous complaints as serious.

Question 7

Non-job related misconduct- an employer must make sure that the acts substantially affected or interfered with employees job

Answer 7

True. City of North Muskego v Briggs says that government entity may be negatively effected and therefore a persons actions can be disciplined

Question 8

Observed infractions could be handled

Answer 8

Swiftly in private

Question 9

What can supervisors do to ensure discipline had the desired effect

Answer 9

Follow up

Question 10

Supervisors should not blink at or allow for any small infractions to occur

Answer 10

True

Question 11

Should a complaint be immediately discarded if the person is intoxicated?

Answer 11

No. Just reinterview when sober.

Question 12

UOF generates a very small amount of complaints while

Answer 12

Most were from attitude or verbal abuse, discourtesy, ethnic slurs.

Question 13

Does it matter if a complaint comes in 2nd hand?

Answer 13

No. All complaints should set the wheels of investigation in motion to determine all the facts in the matter.

Question 14

When recording complaints what should the supervisor record and not record?

Answer 14

He should not be subjective, but should include evidence that comes to his attention. Such as the existence of conflicts in the complaint, intoxication or the complainant the existence of particular motives.

Question 15

Is a voluntary or coerced resignation desirable

Answer 15

A voluntary resignation is more desirable because they are generally more final than forest separations from service as a ladder most often with stand court action and bring about reinstatement along with the rest of the employee will be required to pay back the salary

Question 16

What should a supervisor do when in accuracies or omissions are found in written statements?

Answer 16

The supervisor must re-interview the officer. It is often said that you can tell the truth without convicting yourself.

Question 17

Is it good practice to bring an accuser and an officer face-to-face?

Answer 17

Only on the rarest of occasions with a situation arise in which it would be advisable to bring the complaining and the accuser playing together for face-to-face encounter

Question 18

Should a supervisor search an employees vehicle, desk, or locker without a warrant.

Answer 18

Generally courts have said that this is OK. However in some states agencies have given an expectation of privacy to their officers in these locations.

Question 19

Should a search for employees effects be done in there person?

Answer 19

Yes

Question 20

True or false: the courts will permit far greater latitude in the collection and admissibility of evidence in administrative proceedings then in criminal cases.

Answer 20

True. Sometimes the use of hearsay evidence and the results of a polygraph examination to determine the truth or false city of accusation against personnel are used

Question 21

What does Oconner V Ortega say about the use of physical test on public employees?

Answer 21

Do US Supreme Court held the governments compelling need for supervision control and efficient operation of the workplace was sufficient to justify testing workers for drug or alcohol use based on reasonable suspicion. And some agencies a refusal of these test could be dischargeable

Question 22

What procedural due process requirements are there

Answer 22

Written notice served on them for specific charges, disclosure of evidence to be used against them, opportunity to be heard in person or per present witnesses and evidence on their behalf, right to confront in cross-examine adverse witnesses, hearing before a neutral and attached body, written statement by this body as to the evidence relied on and the reasons for their actions

Question 23

Should disciplining employees be consistent?

Answer 23

Supervisor should be mindful that the penalty imposed should fit the dereliction and fit the individual. For some infractions the penalty might be demoralizing for one employee and insufficient or ineffectual for another. Most agencies need to balance the organizational need for consistency and punishment against other factors in order to promote fundamental fairness and discipline

Question 24

What are the different types of classifications of complaints?

Answer 24

Sustained is when the facts obtained support the complaint. Exonerated is when the evidence indicates that an alleged acted are in fact occur but was legal proper and necessary. Unfounded is used to indicate that the alleged did not in fact occur and the complaint was false

Question 25

What should be relayed to the complaint of a police complaint at the end of her investigation

Answer 25

The complaint should be notified of the disposition made in the matter but not the particular penalty imposed