Chapter 11 Personnel Complaint Investigation Procedures And Techniques Flashcards
How can police maintain respect and support of the puclic
Deal openly and forcefully with misconduct within their own ranks whenever it ocurrs
What is the pattern of case prep for a complaint?
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
What are the sources of complaints?
Internal, external, anonymous
internal complaints are
Those emanating from within. Report auditors, employees, or supervisors
External complaints come from
Outside the organization. Victims of police action. Can be 1st or 2nd party.
Anonymous complaints
An agency serious about professionalism and trust must take all anonymous complaints as serious.
Non-job related misconduct- an employer must make sure that the acts substantially affected or interfered with employees job
True. City of North Muskego v Briggs says that government entity may be negatively effected and therefore a persons actions can be disciplined
Observed infractions could be handled
Swiftly in private
What can supervisors do to ensure discipline had the desired effect
Follow up
Supervisors should not blink at or allow for any small infractions to occur
True
Should a complaint be immediately discarded if the person is intoxicated?
No. Just reinterview when sober.
UOF generates a very small amount of complaints while
Most were from attitude or verbal abuse, discourtesy, ethnic slurs.
Does it matter if a complaint comes in 2nd hand?
No. All complaints should set the wheels of investigation in motion to determine all the facts in the matter.
When recording complaints what should the supervisor record and not record?
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.
Is a voluntary or coerced resignation desirable
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
What should a supervisor do when in accuracies or omissions are found in written statements?
The supervisor must re-interview the officer. It is often said that you can tell the truth without convicting yourself.
Is it good practice to bring an accuser and an officer face-to-face?
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
Should a supervisor search an employees vehicle, desk, or locker without a warrant.
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.
Should a search for employees effects be done in there person?
Yes
True or false: the courts will permit far greater latitude in the collection and admissibility of evidence in administrative proceedings then in criminal cases.
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
What does Oconner V Ortega say about the use of physical test on public employees?
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
What procedural due process requirements are there
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
Should disciplining employees be consistent?
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
What are the different types of classifications of complaints?
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
What should be relayed to the complaint of a police complaint at the end of her investigation
The complaint should be notified of the disposition made in the matter but not the particular penalty imposed
