Discipline Flashcards
Q: For how long can L.F.U.C.G. or the Chief use discipline or complaints against a Member as the basis for subsequent discipline?
A: Discipline or complaints against a Member can only be used if they occurred within five (5) years of the date of the imposition of discipline.
Q: What steps are taken if a complaint alleges criminal misconduct by a Member?
A: If the complaint alleges criminal misconduct by a Member, the allegations shall be investigated without a signed, sworn complaint from the individual.
Q: What is required if a complaint alleges non-criminal misconduct?
A: An affidavit, signed and sworn to by the individual, must be obtained.
Q: What happens if an individual refuses to sign an affidavit for a non-criminal misconduct complaint?
A: L.F.U.C.G. may investigate the allegations but can bring charges against the Member only if the allegations can be independently substantiated without the sworn statement.
Q: How are formal and informal complaints handled differently?
A: If the complainant elects to file a formal complaint, it must be in the form of an affidavit, signed and sworn to, and the PIU will investigate. If the complainant declines to file a formal complaint, an informal complaint or an information-only report may be completed, which will be investigated and resolved at the Bureau level.
Q: Who investigates formal complaints, and what is the timeframe for completing the investigation?
A: The Public Integrity Unit (PIU) investigates formal complaints, and the investigation must be completed within sixty (60) days.
Q: What can the PIU do if they need more than sixty days for an investigation?
A: The PIU can request an extension in writing from the Chief of Police if extenuating circumstances require the investigation to exceed the sixty (60) day limit.
Q: When must a Member be provided with a copy of the formal complaint?
A: The Member must be provided with a copy of the complaint in writing within twenty-one (21) calendar days or within seven (7) days of the disposition of a collateral criminal investigation, if any.
Q: How are documented informal complaints managed?
A: Documented informal complaints received by the Department are investigated and resolved at the Bureau level, with actions restricted to counseling and remedial training, which should be accurately documented and maintained in the Bureau/Sector/Unit file.
Q: What information must L.F.U.C.G. provide to a Member prior to a disciplinary hearing before the Urban County Council? And within how many days?
A: L.F.U.C.G. must provide the Member with any written statements or other information in the possession of the LPD and used in connection with the disciplinary action, except for attorney work product, no later than fourteen (14) calendar days prior to the hearing.
Q: What must happen prior to or within twenty-four (24) hours after suspending a Member pending investigation?
A: The Member must be advised in writing of the reasons for the suspension.
Q: When must the PIU investigator submit a written summary of the investigation findings to the Chief after completion?
A: Within seven (7) calendar days after the completion of the investigation.
Q: What can the Chief do within thirty (30) days of the conclusion of the PIU investigation?
A: The Chief may meet with the Member to discuss the formal complaint or defer the matter to the Disciplinary Review Board.
Q: What is the timeframe for the Chief to make a disciplinary recommendation after meeting with the Member?
A: The Chief may make a recommendation within forty-eight (48) hours of the conclusion of the meeting.
Q: How long does the Member have to accept the Chief’s disciplinary recommendation?
A: The Member has at least forty-eight (48) hours after receiving the recommendation.
