Chapter 12

Question 1

What is a personnel complaint?

Answer 1

• An allegation of work-related wrongdoing or criminal misconduct that is lodged against an employee of a law enforcement agency

Question 2

Is it a good policy of a law enforcement supervisor to investigate the merits of all personnel complaints, discuss

Answer 2

• Yes, all complaints should be investigated. To act on a matter in the absence of all available facts is a basic error that supervisors must scrupulously avoid. If the facts to not support the allegation, the case can easily be closed

Question 3

Discuss the value of anonymous complaints

Answer 3

• History shows some of the most serious and infamous instances of police misconduct were initiated by anonymous complaints. It takes a considerable amount of courage to file a complaint against an officer so they should be accepted regardless of how.

Question 4

Name and discuss the two categories of personnel complaints

Answer 4

1. External complaints – come from someone not associated with the agency
2. Internal complaints – come from and employee and is directed at a fellow agency employee

Question 5

Is it a good idea for a law enforcement agency to attempt to regulate all of the off-duty conduct of its officers, discuss

Answer 5

• Supervisor should not formally contest an officer’s off-duty conduct unless it is a clear violation that the agency governs. Supervisors who ignore this rule open themselves and the agency to considerable liability

Question 6

Should all external personnel complaints be recorded, if so how

Answer 6

• Yes, agencies should develop forms to assist with the lodging of personnel complaints

Question 7

Discuss the procedure that should be used to handle minor infractions

Answer 7

• Verify an infraction occurred and that the officer who committed the infraction has been identified
• Discuss the matter with the offending employee
• Check for understanding
• Make a record of the incident
• Follow-up

Question 8

Discuss the strategy for handling more serious complaints

Answer 8

• Be certain of the exact nature of the alleged misconduct
• Conduct an investigation to determine the facts
• Analyze the available facts and arrive at a disposition
• Follow-up

Question 9

Discuss the interview of the complainant in a personnel complaint investigation

Answer 9

• The first consideration is the manner in which the investigation is conducted. This investigation has an impact upon the productivity and morale of the agency and must comply with due process protections
• The second consideration is that the supervisor must concern himself with more than simply determining guilt or innocence. They need to determine degree of culpability of the employee, was the act intentional or a lack of understanding. They also have to determine the type and amount of discipline

Question 10

Discuss the interview of an accused officer

Answer 10

• In cases of minor infractions, the interview should be held early in the investigation. In more serious cases, the interview should be delayed until all facts have been gathered
• Interviewing in cased involving possible criminal activity sometimes require interrogations which require the consideration of Miranda

Question 11

What is the dilemma facing the investigator when interviewing the accused officer if the personnel complaint being investigate is a criminal offense, discuss.

Answer 11

• When an employee is directed to be present while on duty for questioning, he must comply or be subject to discipline for insubordination. Therefore, questioning is custodial in nature, unless he is told he is free to leave. If he is told he is free to leave, he must be allowed to leave.
• Employees can be required to answer questions which are specifically directed and narrowly related to the performance of their duties. Refusal to answer can result in termination
• Statements made cannot be used in a criminal trial unless Miranda is issued
• If custodial interrogation takes place in the absence of Miranda, statements can be used in administrative hearing, but not a criminal trial

Question 12

Name and discuss the due process protections that should be built into personnel compliant investigations

Answer 12

• Formal notification of the specifics of the charge
• Notification of the nature of any evidence to be used against the employee
• Permit the employee to obtain counsel
• Allow the employee to mount a defense
• Generally permit the accused to confront and cross examine witnesses
• Maintain a disinterested adjudication body