Internal Complaint Review Flashcards
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?
a Class “A” complaint.
What is categorized a complaint alleging corruption, criminal activity or serious violations of the rules/regs of the Newport PD?
a Class “B” complaint.
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?
a Class “C” complaint.
What is the goal of OOPS?
ensure integrity of the department is maintained through a system where objectivity, fairness and justice are assured by an intensive, impartial investigation.
Is the Chief of Police notified on all complaints, and when is he notified of allegations of criminal conduct?
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.
Upon receipt of a complaint the chief can?
determine whether to assume primary investigative responsibility or refer the case to the appropriate supervisor.
Can OOPS terminate a supervisors review of a complaint and assume full investigative authority?
Yes
What type of allegations may be investigated by the appropriate supervisor?
Minor rule violations
What type of allegations will OOPS investigate?
Misconduct that could result in discharge,suspension, demotion or criminal charges being sought.
Internal Affairs (OOPS) investigation records will be destroyed in how many years and what RIGL Title grants them this authority?
8 years. Title 38 states complaints of officer misconduct, classified as sustained, not sustained or unfounded maybe destroyed after a period of 7 yrs.
What charge of a member, in every case will OOPS recommend involvement of the AG?
a Felony charge
Is it required a person making a complaint, make it in person?
It is not required, but is preferred.
How will a 3rd party, telephone, or anonymous complaint be investigated?
to the best extent as possible w/factual information available w/out violating the employee’s rights.
Who in the department may accept citizens complaints?
any supervisor.
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?
the supervisor may handle the complaint at that level.
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?
the investigating supervisor may handle the complaint at that level and notify/advise the employee’s own supervisor.
Investigation of Officers will be conducted in accordance to and in most instances how long will it be completed by?
Law Enforcement Officers Bill of Rights. Within 90 days.
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?
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.
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?
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.
During an investigation a sworn officer’s interview will be in accordance to?
Law Enforcement Bill of Rights
Does and Officer have to be afforded Fifth Amendment protection against self incrimination on an “all” investigation against them?
No the officer will not be afforded the 5th amendment rights in any investigation that does not involve criminal conduct.
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?
Yes. And so can the department in accordance with state law.
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?
The supervisor is required to direct the employee to submit to a breath, blood or urine test.
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?
Yes
