Disciplinary Investigation Process SOG 103.10 (SGT/2015)

Question 1

Anonymous Complaints are…?

Answer 1

-we investigate anonymous complaints

Question 2

Citizens Complaint Resolution Process?

Answer 2

CCRP – external complaints to be resolved with the Citizen Complaint Resolution Process

Question 3

Action if an officer witnesses inappropriate behavior?

Answer 3

officers who see inappropriate behavior shall notify their supervisor

Question 4

Officers responsibilities concerning a citizen complaint?

Answer 4

employees have a duty to assist the public with complaints, we accept complaints
-if requested by a complainant, an on-duty supervisor shall promptly respond. If the matter is not resolved, the supervisor shall provide the complainant with Complaint Form.

Question 5

Class I complaints ?

Answer 5

(investigated by IA and completed in 60 days):

- intentional discrimination
- corruption
- Excessive UOF
- violation of law
- severe injury from an act or omission of any employee
- unintentional discharge (except at range)
- conduct unbecoming

Question 6

Class II complaints ?

Answer 6

-investigated by IA and completed in 30 days.

Question 7

Misc. Complaints (investigated by supervisor):

Answer 7

• difference of opinion of guilt or innocence
• minor complaints were complainant is anonymous
• complaints against other agencies
• minor received by IA, but complainant agrees to have issue handled by supervisor
• supervisor will address the complaint and respond to IA within 30 days with resolution

Question 8

Admin Complaints:

Answer 8

should be handled through the chain of command

Question 9

External Complaints:

Answer 9

if supervisor handles it, no forms needed

Question 10

Citizen Complaint Resolution Process?

Answer 10

• referred to supervisor to investigate
• after investigation, supervisor will schedule a resolution meeting with complainant and involved officer
• meeting will be in a confidential setting
• if complainant fails to attend 2 consecutive meetings, the matter is considered resolved
• afterward, supervisor will complete a brief report in AIM within 45 days of receiving complaint
• CCRP complaints will not result in disciplinary action

Question 11

Complaint outcomes?

Answer 11

• Unfounded – allegation is false
• Not involved – employee not present
• Exonerated – incident occurred, but actions by employee were lawful and proper
• Not sustained – insufficient evidence to prove or disprove
• Sustained – allegations are supported by evidence
• Policy Failure – incident may/may not have occurred, but investigation revealed faulty policy

Question 12

If Supervisor believes severe discipline is required?

Answer 12

if supervisor believes severe discipline (suspension, demotion, reduction in pay, or termination) is necessary they should recommend a pre-disciplinary hearing

Question 13

Who determines the final disciplinary action?

Answer 13

-Chief shall specify final disciplinary action

Question 14

Employee rights/responsibilities during an investigation?

Answer 14

• employee may review complaint after receiving written notification of the investigation
• during the interview, employee may have a representative there (rep can’t participate and can’t be within employee’s chain of command)
• employees shall not be ordered to submit to medical, lab, or polygraph exams or submit financial statements except for cause determined by Chief
• employees shall not refuse to submit to any test
• when citizen complains and there is no evidence (he said she said), employee will not be required to submit to a polygraph

Question 15

Disciplinary/personnel records access?

Answer 15

disciplinary and personnel records are closed by MO law

Question 16

Supervisor right to view IA records?

Answer 16

supervisors in the chain of command can review IA records pertaining to employee

Question 17

The Demeanor Report includes:

Answer 17

• all Class I complaints
• promotions
• UOF reports
• pursuits
• traffic accidents, past 5 years
• Class II, Misc. complaints, CCRP complaints past 2 years
• letters of compliment, citations, awards