S134-Department Investigations

Question 1

S134

Answer 1

Department Investigations

Question 2

S134 Department Investigations

Answer 2

This policy outlines the procedures covering the operation of the Sheriff’s Investigation Division (SID) and its role in investigating any and all serious matters affecting the efficient operation of the Department and the safety and security of its employees and inmates.

Question 3

SID is responsible for investigating allegations of criminal activity or serious staff misconduct within any

Answer 3

Department facility or involving property under its control.

Question 4

Supervisors shall be responsible for conducting preliminary inquiries into any

Answer 4

actual or alleged incident brought to their attention according to guidelines in this policy.

Question 5

The Department expects all employees to

Answer 5

exercise diligence in reporting and reviewing any incidents that occur within their assigned area(s) of supervision

Question 6

Administrative Investigation

Answer 6

An official, formal investigation of a staff member conducted by an SID investigator into an actual or alleged serious incident involving violations of Department policy, state law or regulation.

Question 7

Criminal Investigation

Answer 7

An official, formal investigation conducted by an SID investigator for which a criminal complaint will be pursued if warranted

Question 8

Staff

Answer 8

All employees, contractors, vendors, interns, and volunteers.

Question 9

Supervisor

Answer 9

Any staff member who oversees, or directs the actions of, another staff member(s).

Question 10

Supervisor’s Inquiry

Answer 10

An official, formal inquiry conducted by a supervisor into an actual or alleged incident involving violations of Department policy, state or federal law or regulation.

Question 11

All staff, regardless of rank or position, shall be responsible for taking appropriate action and immediately notifying the

Answer 11

responsible supervisor of any staff misconduct witnessed or reported (verbally or written)

Question 12

All staff must submit a written report no later than the end of their shift regarding any staff misconduct

Answer 12

witnessed, or reported as required under S220, Employee Code of Conduct, S238, Equal Employment Opportunity, S239, Sexual Harassment, S241, Prevention of Inmate Sexual Abuse/Harassment, and all other applicable Department policies

Question 13

Reports must detail a staff member’s specific knowledge of an incident and their

Answer 13

actions in response to that incident.

Question 14

In order to ensure the validity and authenticity of all reports, no staff shall write a report

Answer 14

in consultation with another staff member.

Question 15

Supervisors are responsible for keeping involved staff separate after an incident until their reports are accepted or until, at the Shift Commander’s or division manager’s discretion, the

Answer 15

separation of staff is no longer necessary to ensure that reports are written independently.

Question 16

A supervisor shall conduct an initial inquiry into the reported misconduct and shall forward their findings through

Answer 16

Shift Commander or division manager to the AS/OPS, who shall forward it, in turn, to the Superintendent.

Question 17

The Superintendent shall notify the

Answer 17

Sheriff and Special Sheriff as necessary

Question 18

SID is the

Answer 18

internal investigative authority responsible for conducting investigations regarding allegations of serious staff misconduct, criminal activity, and for special assignments as directed by the Superintendents.

Question 19

During the course of an SID investigation, the rank or position of an employee shall not

Answer 19

supersede the authority of the investigator

Question 20

SID shall have full access to

Answer 20

all staff, and to any information needed in the course of an investigation

Question 21

SID may take any actions needed to conduct an investigation including, but not limited to,

Answer 21

ordering written reports, conducting interviews, and releasing staff to return to work.

Question 22

The responsible supervisor must conduct an immediate preliminary inquiry into all

Answer 22

alleged incidents, complaints or unusual occurrences during their tour of duty.

Question 23

Supervisors Inquiry should include, but not be limited to, obtaining all

Answer 23

eyewitness accounts, the proper identification of, and written reports from, all involved parties, pertinent evidence, and all other relevant information.

Question 24

SID shall be notified by telephone during regular business hours

Answer 24

of all serious incidents.

Question 25

The responsible supervisor shall document and forward their findings to

Answer 25

the Shift Commander

Question 26

A supervisor’s inquiry may be ordered stopped at any time by the

Answer 26

ADS/SID if full investigative authority is then assumed by SID.

Question 27

Any supervisor’s inquiry involving the following shall also require an investigation by SID:

Answer 27

a. criminal misconduct or corruption by an employee;
b. death of an inmate;
c. suicide attempt involving serious injury;
d. sexual misconduct;
e. undue familiarity between staff and inmate(s);
f. use of excessive force (after review and referral by AS/OPS);
g. any use of force incident involving serious injury to staff or inmate(s);
h. discovery of a significant amount or unusual type of contraband; I. any arrest made by a deputy sheriff;
j. any serious disturbance (including riot, hostage taking, escape or serious escape attempt); and
k. fire or bomb threat (when determined by the Shift Commander to be an emergency situation).

Question 28

The Shift Commander shall gather and review all reports and physical evidence collected relative to the supervisor’s inquiry

Question 29

The Shift Commander must ensure the completeness of all reports and the inclusion of all pertinent details of the incident before

Answer 29

accepting and approving reports.

Question 30

In order for an administrative or criminal investigation to be initiated, authorization must first be obtained from the

Answer 30

Sheriff, the Special Sheriff, the facility Superintendent, or the General Counsel.

Question 31

All complaints or requests for investigation shall be reviewed upon receipt by the

Answer 31

ADS/SID who may refer the matter to the responsible supervisor or assign an investigator(s) to the case.

Question 32

If SID concludes a criminal investigation is warranted, the

Answer 32

ADS/SID shall notify the Superintendent

Question 33

After consultation with the Special Sheriff, the General Counsel, and the Sheriff, they will, as appropriate, be authorized to notify the

Answer 33

District Attorney’s Office or other law enforcement agency.

Question 34

Investigators shall ensure that everyone involved in an investigation is informed of the need for

Answer 34

confidentiality

Question 35

Any breach of confidentiality in an investigation may result in

Answer 35

disciplinary action, up to and including termination.

Question 36

Upon completing their investigation, the designated investigator shall prepare an investigative report for submission to the Superintendent, who shall forward copies, as appropriate, to the

Answer 36

Sheriff, Special Sheriff and/or General Counsel

Question 37

Notice of the investigation’s results shall be made to the subject of the investigation once the report is accepted and the

Answer 37

Superintendent approves.

Question 38

All staff shall validate receipt of an allegation by

Answer 38

documenting the date of receipt and their initials on the written complaint

Question 39

All allegations of inmate or staff misconduct shall be forwarded to the

Answer 39

Superintendent, who shall determine validity and the need for either a supervisor’s inquiry or a SID investigation

Question 40

SID will not address complaints regarding

Answer 40

classification placement, disciplinary action, appeals, medical treatment, or other operational issues.

Question 41

All staff members have a duty to cooperate fully with an investigation.

Answer 41

Failure to cooperate may result in disciplinary action

Question 42

Prior to any administrative investigation interview, any staff member who is the subject of an investigation shall be advised of the following:

Answer 42

1. the particulars of the allegation(s);
   2.that they are required, and can be compelled, to answer all questions specifically, narrowly, and directly related to the performance of their official duties and their conduct as it relates to the allegation and/or the focus of the investigation;
2. that any refusal to provide complete answers to the questions concerning their conduct as it relates to the allegation and/or the focus of the investigation and their official duties in an interview, when directed to do so, may be considered insubordination and may result in disciplinary action up to and including termination;
3. that a refusal to submit a report or failure to provide complete answers to the questions in the report concerning their official duties and their conduct as it relates to the allegation and/or the focus of the investigation, when directed to do so, may be considered insubordination and may result in disciplinary action up to and including termination; and
4. that they will be entitled to all other rights afforded under the law.

Question 43

In order to maintain the integrity of the investigation and to protect everyone involved, all parties present at the interview must maintain the

Answer 43

confidentiality of all information gathered

Question 44

To the extent that any provision in this policy conflicts with a relevant collective bargaining agreement, said agreement will control.