GO 120.20 Admin Investigations

Question 1

An arrest of an MPD member is considered…

Answer 1

serious misconduct

Question 2

Intentional failure to report a use of force is considered…

Answer 2

serious misconduct

Question 3

What are some examples of serious misconduct?

Answer 3

An arrest or criminal charge of an MPD member, a protection order against a member, unlawful discrimination, unlawful stop, arrest or seizure, false arrest or charges, retaliation or retribution, intentional provision of false information in any official report, log, or electronic transmittal of information. Any APO charge that is dismissed based on the member’s credibility, any constitutional violation discovered during the course of a criminal case or judicial proceeding. civil lawsuits alleging sworn member misconduct, civil lawsuits alleging acts of physical violence, racial bias or dishonesty, positive drug screenings.

Question 4

What is the timeline for the investigating member to complete the investigation?

Answer 4

30 days from date of IS numbers

Question 5

How long does the commanding official have for review of the investigation?

Answer 5

4 days (Day 31-35 from date of IS numbers)

Question 6

How long does the Bureau have to review the investigations

Answer 6

4 days (Day 36-40)

Question 7

How long does IAB have for final review

Answer 7

4 days (41-45).

Question 8

When must investigations be completed and submitted through the chain of command to IAB?

Answer 8

Within 45 business days.

Question 9

When must the investigating official contact the complainant for an external complaint?

Answer 9

Within 3 business days of receipt of the complaint.

Question 10

If the investigating official discovered additional misconduct, who is responsible for investigating that misconduct?

Answer 10

The original investigating official

Question 11

If an OPC complaint has no evidence of misconduct or policy violations, what should the investigating official do?

Answer 11

Email the OPC liaison with the investigative findings and request a rapid resolution.

Question 12

In cases of serious misconduct, who shall be notified?

Answer 12

The Watch Commander and IAD (through CIC).

Question 13

Who handles the arrest of any individual charged as a result of the alleged misconduct?

Answer 13

The investigating member

Question 14

Under what circumstances shall the EOCOP, IAB and element adminboxes be emailed?

Answer 14

Arrests of members, revocation of members, serious misconduct allegations that result in change of duty status (including protective orders), conduct that may subject the department to significant public criticism.

Question 15

What is the standard of proof for an admin investigation?

Answer 15

Preponderance of the evidence.

Question 16

What does Unfounded mean?

Answer 16

The conduct did NOT occur

Question 17

What does Insufficient Facts mean?

Answer 17

Cannot be determined whether the conduct occurred

Question 18

What does Exonerated mean?

Answer 18

The conduct DID occur, but did not violate policy

Question 19

What does Sustained mean?

Answer 19

The conduct DID occur, AND it violated policy.

Question 20

For all external complaints (i.e. OPC complaints), what must be included in the investigative package?

Answer 20

A Complainant notification letter

Question 21

If a member is arrested outside of DC, the member must

Answer 21

notify the CIC, who will notify the Watch Commander & IAD.

Question 22

Who investigates the criminal complaint for members arrested/charged outside of DC?

Answer 22

The local jurisdiction. IAD will coordinate with them for the administrative investigation.

Question 23

If a member is charged criminally or involved in a criminal case, IAD shall not compel the member to make a statement until…

Answer 23

USAO has issued a declination or IAD has authorized reverse garrity.