Internal Complaint Review

Question 1

What is categorized a complaint alleging abuse of authority, including excessive force, willful/malicious illegal arrest, unreasonable deprivation of an individuals rights, conduct or behavior towards a persons, race, color, creed, sex, age, religion, national origin, disability, or sexual orientation?

Answer 1

a Class “A” complaint.

Question 2

What is categorized a complaint alleging corruption, criminal activity or serious violations of the rules/regs of the Newport PD?

Answer 2

a Class “B” complaint.

Question 3

What is categorized a complaint of a less serious nature, such as lesser violations of rules/regs of the PD or poor police service, or minor breaches of conduct?

Answer 3

a Class “C” complaint.

Question 4

What is the goal of OOPS?

Answer 4

ensure integrity of the department is maintained through a system where objectivity, fairness and justice are assured by an intensive, impartial investigation.

Question 5

Is the Chief of Police notified on all complaints, and when is he notified of allegations of criminal conduct?

Answer 5

Yes he is always notified of all complaints against the agency or its employees, and he will be immediately notified or a criminal complaint or allegation.

Question 6

Upon receipt of a complaint the chief can?

Answer 6

determine whether to assume primary investigative responsibility or refer the case to the appropriate supervisor.

Question 7

Can OOPS terminate a supervisors review of a complaint and assume full investigative authority?

Answer 7

Yes

Question 8

What type of allegations may be investigated by the appropriate supervisor?

Answer 8

Minor rule violations

Question 9

What type of allegations will OOPS investigate?

Answer 9

Misconduct that could result in discharge,suspension, demotion or criminal charges being sought.

Question 10

Internal Affairs (OOPS) investigation records will be destroyed in how many years and what RIGL Title grants them this authority?

Answer 10

8 years. Title 38 states complaints of officer misconduct, classified as sustained, not sustained or unfounded maybe destroyed after a period of 7 yrs.

Question 11

What charge of a member, in every case will OOPS recommend involvement of the AG?

Answer 11

a Felony charge

Question 12

Is it required a person making a complaint, make it in person?

Answer 12

It is not required, but is preferred.

Question 13

How will a 3rd party, telephone, or anonymous complaint be investigated?

Answer 13

to the best extent as possible w/factual information available w/out violating the employee’s rights.

Question 14

Who in the department may accept citizens complaints?

Answer 14

any supervisor.

Question 15

If an employee under the supervisors immediate command, has a complaint made and is a minor Class “C” complaint and this result is satisfactory to the complainant, what is the supervisor able to do?

Answer 15

the supervisor may handle the complaint at that level.

Question 16

If an employee under another supervisors immediate command, has a complaint made, and the complaint is a minor Class “C” complaint and this result is satisfactory to the complainant, what does the investigating supervisor do?

Answer 16

the investigating supervisor may handle the complaint at that level and notify/advise the employee’s own supervisor.

Question 17

Investigation of Officers will be conducted in accordance to and in most instances how long will it be completed by?

Answer 17

Law Enforcement Officers Bill of Rights. Within 90 days.

Question 18

When becoming aware or notification of potential misconduct of an employee under their command a supervisor will immediately investigate. What class complaint may a supervisor investigate and what can they do?

Answer 18

A Class “C” and they may interview the complainant, witnesses and employee’s involved. Class “A” and “B” must be immediately turned over to OOPS and not investigated by the supervisor.

Question 19

What reasons could supervisor temporarily relieve an officer/employee from duty and what type of leave would it be?If an employee has Physical or mental impairment, involved in deadly force, or use of Force resulting in serious injury to another, or allegation of violations criminal law consistent with LEO bill of rights., or if you believe that continued service of the employee maybe immediately detrimental to the employees, others, or the department. What may a supervisor do?

Answer 19

A supervisor may temporarily relieve an officer/employee from duty and place the employee on Administrative Leave. The supervisor will immediately notify the OIC, then in turn division commander.

Question 20

During an investigation a sworn officer’s interview will be in accordance to?

Answer 20

Law Enforcement Bill of Rights

Question 21

Does and Officer have to be afforded Fifth Amendment protection against self incrimination on an “all” investigation against them?

Answer 21

No the officer will not be afforded the 5th amendment rights in any investigation that does not involve criminal conduct.

Question 22

Can an employee under investigation request an intoxilyzer, blood, urine, psychological or medical examine that would benefit their defense? What about the department requesting the same?

Answer 22

Yes. And so can the department in accordance with state law.

Question 23

What does an on-duty supervisor required to direct an employee if a level of inebriation or drug use is suspected as a factor with duty performance or operation of a vehicle?

Answer 23

The supervisor is required to direct the employee to submit to a breath, blood or urine test.

Question 24

If for solely administrative purpose and not criminal prosecution is anticipated, can an employee be required to participate in a photo array or line up?

Answer 24

Yes

Question 25

What type of proof does the employer need to inspect all property belonging to the department (ie..vehicles,desks,electronic files, lockers…) where evidence of work-related misconduct has occurred?

Answer 25

Reasonable suspicion.

Question 26

“Unfounded” in an internal complaint dispo means?

Answer 26

the investigation did not involve NPD personnel.

Question 27

“Exonerated”. in an internal complaint dispo means?

Answer 27

Acts did occur, but were justified, lawful and proper under the circumstances.

Question 28

“Not Sustained” in an internal complaint dispo means?

Answer 28

Fails to discover sufficient facts to clearly prove or disprove the allegations.

Question 29

“Sustained” in an internal complaint dispo means?

Answer 29

Invst. disclosed sufficient facts to clearly prove the allegation.

Question 30

“Not Involved” in an internal complaint dispo means?

Answer 30

it established the individual subject of the complaint was not involved.

Question 31

What type of complaint dispo remain in an employee’s personnel folder?

Answer 31

Sustained ones.