Policy Manual Flashcards
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Complaints)
-IAB must be immediately notified of any complaint alleging a major violation, alcohol or drug abuse, or criminal acts by an employee.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Complaints)
- Complaints of harassment and/or discrimination may be reported to any one or combination of the following: (1) any supervisor, (2) the Director of the Employment Diversity Section (EDS), (3) the Internal Affairs Bureau Commander, (4) the Office of Human Resources Commander.
- Document on SOC or Memo and forward to Director of the Employment Diversity Section.
- All other complaints against department employees will be documented on a SOC and forwarded directly to IAB for review and assignment for investigation.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Complaints)
- Complaints will be received by a dept supervisor, if possible.
- Telephonic complaints will be taken at the time of the call or, transfer to IAB.
- Complainants appearing in person will be given assistance in completing the SOC.
- All written or electronic complaints are to be forwarded to IAB.
- After business hours, an on-duty LT will be contacted to assess the need for immediate IAB response.
- Procedural complaints by DSD handled by their procedures.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Burden of Proof)
-LVMPD burden of proof for internal investigations is that of clear and convincing evidence. Before an employee may be held accountable for their conduct, the investigation must demonstrate that the conduct was substantially more likely than not to have occurred. This is a stricter burden of proof than preponderance of evidence; however, it is a lesser requirement than proof beyond a reasonable doubt.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Preponderance of Evidence)
-Federal mandate dictates that the burden of proof for EDS investigations is that of a preponderance of evidence: “The greater weight of the evidence; superior evidentiary weight that, though not sufficient to free the mind wholly of all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other” (Black’s Law Dictionary)
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Investigation Procedure 1)
-Supervisor receives or initiates complaint:
interviews complainant and assists or completes SOC - either citizen sends in or Supervisor forwards on to IAB.
-Describes any investigation of the complaint which has taken place or intention to investigate the complaint within the employee’s chain of command if it warrants.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Investigation Procedure 2)
- IAB - Receives SOC & assigns an IAB Case Management System (CMS) contact number for reference.
- Forwards to IAB LT for action.
- When applicable - forwards all SOC’s from Employment Diversity Section to IAB LT for investigation.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Investigation Procedure 3)
- IAB LT
- Conducts or assigns a prelim investigation to determine if the complaint alleges a violation of dept policy, procedure, rule, regulation, or law.
- Assigns case for full investigation if above applies.
- Most minor allegations will be assigned to employee’s bureau/area command for investigation if case is not complex or time consuming - or assigned to IAB by IAB LT discretion.
- All major allegations will be investigated by IAB, such as those that could result in termination or relief of duty - will be coordinated with the employee’s chain.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Investigation Procedure 4)
- IAB LT
- Closes SOC if complaint only involves the complainant’s disagreement with an established & proper dept policy, procedure, rule, regulation, law, or practice.
- Closes & refers SOC to the employee’s bureau/AC for supervisory intervention through the Employee Performance Support System if complaint of minor performance deficiency.
- Advises complainant in writing if SOC is closed or has been referred for supervisory intervention - right of appeal to CRB.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Investigation Procedure 5)
- EDS Investigations
- Contacts Director of the Employment Diversity Section prior to close of SOC if pre-investigation determines no merit.
- Forwards Pre-Investigative report to the Director of EDS for review.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Investigation Procedure 6)
-Capt at the Time of Incident Receiving IAB Case Investigation Referral - reviews SOC from IAB and assigns the case for investigation, completion and return to IAB within 30 days. Advises IAB LT of any conflicts or case complexity concerns. Any delays over 30 days must be approved by IAB LT and a request for an extension made.
5/101.26 COMPLAINTS & INTERNAL INVESTIGATIONS INVOLVING DEPARTMENT EMPLOYEES
(Investigation Procedure 7)
- Bureau/Area Command Investigator at the Time of Incident:
- Receives/reviews assigned investigation including SOC, IAB Quick Guide, NRS 289 PO Bill of Rights & other related investigative documents.
- Two primary methods for investigating a case:
- Preliminary - allegation will not rise to a disciplinary level
6/002.00 Use of Force (I. Policy)
The LVMPD is committed to protecting people, their property and rights, while providing the best in public safety and service.
It is the policy of this department that officers hold the highest regard for the dignity and liberty of all persons, and place minimal reliance upon the use of force. The department respects the value of every human life and that the application of deadly force is a measure to be employed in the most extreme circumstances.
6/002.00 Use of Force (II. Definitions)
Force Transitions - The movement, escalation/de-escalation, from the application of one force type to another in conjunction with the “objectively reasonable” standard from Graham v. Connor, 490 U.S. 386 (1989). The officer must consider all the factors prior to using force and choose a reasonable option based on the “totality of the circumstances” present.
6/002.00 Use of Force (II. Definitions)
Public Safety Statement - A public safety statement is a series of questions to obtain information and to determine an immediate threat to public safety. It is not an interview. This statement will be obtained by one of the first-responding supervisors and will contain the following questions:
- Is anyone injured? If so, where are they located?
- Are there any outstanding suspects? If so, what are their descriptions, direction and mode of travel? How long have they been gone? What crime(s) are they wanted for? What weapons are they armed with?
- Were you involved in an officer-involved shooting?
- Approximately where were you when you fired the rounds?
- Approximately how many rounds did you fire and in what direction did you fire them?
- Do you know if any other officers fired any rounds?
- Did the suspect fire rounds at you? If so, from what direction were the rounds fired?
- Are there any weapons or evidence that needs to be secured and/or protected? Where are they located?
- Are you aware of any witnesses? If so, what is their location?
6/002.00 Use of Force (III. Use of Force to Affect a Detention, an Arrest or to Conduct a Search)
A. Officers may use reasonable force: 1. To protect themselves; 2. To protect others; 3. To affect a lawful detention; 4. To affect a lawful arrest; 5. To conduct a lawful search. B. If it is not already known by the subject to be detained, arrested, or searched, officers should, if reasonable, make clear their intent to detain, arrest or search the subject. When practicable, officers will identify themselves as a peace officer before using force.
6/002.00 Use of Force (IV. Determining Objectively Reasonable Force)
The reasonableness inquiry in reviewing use of force is an objective one: the question is whether the officer’s actions are objectively reasonable in light of the facts and circumstances confronting them. The officer’s perception may be a consideration, but other objective factors will determine the reasonableness of force. These factors may include but are not limited to:
a. The severity of the crime(s) at issue;
b. Whether the subject poses an immediate threat to the safety of the officer(s) or others;
c. Whether the subject is actively resisting arrest or attempting to evade arrest by flight;
d. The influence of drugs/alcohol or the mental capacity of the subject;
e. The time available to an officer to make a decision;
f. The availability of officers/resources to de-escalate the situation;
g. The proximity or access of weapons to the subject;
h. The environmental factors and/or other exigent circumstances.
The officer will use a level of force that is necessary and within the range of “objectively reasonable” options. When use of force is needed, officers will assess each incident to determine, based on policy, training and experience, which use of force option will de-escalate the situation and bring it under control in a safe and prudent manner. Reasonable and sound judgment will dictate the force option to be employed. Therefore, the department examines all uses of force from an objective standard rather than a subjective standard.
6/002.00 Use of Force (V. Duty to Intervene)
Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, safely intercede to prevent the use of such excessive force. Officers shall promptly report these observations to a supervisor.
6/002.00 Use of Force (VI. Levels of Resistance)
A. Compliant - A person contacted by an officer who acknowledges direction or lawful orders given and offers no passive/active, aggressive, or aggravated aggressive resistance.
6/002.00 Use of Force (VI. Levels of Resistance)
B. Passive Resistance - The subject is not complying with an officer’s commands and is uncooperative, but is taking only minimal physical action to prevent an officer from placing the subject in custody and taking control. Examples include: standing stationary and not moving upon lawful direction, falling limply and refusing to use their own power to move (becoming “dead weight”), holding onto a fixed object, or locking arms to another during a protest or demonstration.
6/002.00 Use of Force (VI. Levels of Resistance)
C. Active Resistance - The subject’s verbal or physical actions are intended to prevent an officer from placing the subject in custody and taking control, but are not directed at harming the officer. Examples include: walking or running away, breaking the officer’s grip.
6/002.00 Use of Force (VI. Levels of Resistance)
D. Aggressive Resistance - The subject displays the intent to harm the officer, themselves or another person and prevent an officer from placing the subject in custody and taking control. The aggression may manifest itself through a subject taking a fighting stance, punching, kicking, striking, attacks with weapons or other actions which present an imminent threat of physical harm to the officer or another.
6/002.00 Use of Force (VI. Levels of Resistance)
E. Aggravated Aggressive Resistance - The subject’s actions are likely to result in death or serious bodily harm to the officer, themselves or another. These actions may include a firearm, use of blunt or bladed weapon, and extreme physical force.
