Community Policing Strategies

• Procedure 303 outlines disciplinary procedures for the San Antonio Police Department.
• The procedure was last revised January 31, 2017, and becomes effective May 8, 2023.
• The procedure comprises 24 pages.
• It is primarily the responsibility of the Chief of Police (COP) and affects officers with secondary responsibilities including PSC, PVC, TSC, STC, MCC and SSB.
• SAPD forms #61-LF, #200-OR, and #6-CR are referenced in this procedure, and it is related to procedure 402.

Introduction

• This procedure provides a process for non-criminal investigations and discipline of sworn members for violations of department rules, regulations, policies, or procedures.
• The Division Commander or administrative directives determine disciplinary action for a complaint involving civilian members.
• Criminal investigations for alleged violations of criminal laws or statutes by department members are not superseded with this procedure.

Policy

• The Department must hold its members to a high standard of conduct and discipline to maintain community trust.
• Progressive discipline is practiced by the Department, allowing for sanctions that consider individual matter circumstances.
• Disciplinary procedures address considerations and expectations from community, departmental, and employee perspectives.
• The Internal Affairs Unit coordinates investigations of alleged non-criminal misconduct by sworn members.
• The Chief of Police is responsible for determining which Department unit or member investigates criminal misconduct allegations against a member.

Incidents Involving Officers

• Officers involved in disturbances requiring law enforcement response or that may result in a complaint must immediately self-report verbally and in writing on SAPD Form 200-OR to their supervisor.
• If the officer's immediate supervisor is not available, the officer must report to any on-duty supervisor.
• Any supervisor who received a report from an officer must submit a report and route it through the chain of command to Internal Affairs for administrative review.
• On-duty officers handling any disturbance involving another officer must notify their supervisor before departing the location and the supervisor will respond to the scene to handle and make a report.
• When interacting with the public and a member requests to speak to a supervisor, officers must contact an on-duty supervisor through the dispatcher, who may communicate with the requesting person to determine if supervisor presence is needed.

Line Complaints

• Line complaints are disciplinary matters with minor variances from routine activities and responsibilities of the sworn member.
• The immediate supervisor addresses line complaints initially.
• Complainants can contact the Internal Affairs Unit if unsatisfied with the supervisor's response.
• When appropriate, the Section Commander, with concurrence from the Division Commander, addresses the behavior with counseling, a written reprimand, or a suspension of up to five calendar days. One-day suspensions are considered discipline.
• All line complaints are investigated by the officer's chain of command within 21 calendar days from the date of the written complaint.
• The investigation is confined to the detailed complaints within the investigation packet.
• If the member disagrees with the contemplated disciplinary action within 5 calendar days, the case will be forwarded to the Internal Affairs Unit for investigation.
• Officers do not have the right to an attorney during chain of command interviews.
• During the 5-day period the officer can seek advice from an attorney or Association representative.
• The Division Commander, Bureau Commander or Chief of Police investigate the line complaint for Captains and above, where there is no captain in chain of command, etc.
• Disposition reports for line complaints are entered into Blue Team and forwarded through the chain of command for review per Section.19(C).

Formal Complaints

• Formal complaints involve conduct that exhibits a significant variance from behavioral expectations or practices established through formal training, departmental rules, regulations, policies, or procedures regulating a sworn member's conduct.
• Formal complaints include activities with significant behavioral infractions, conduct that constitutes a crime, conduct that requires stringent disciplinary action with suspensions exceeding 5 calendar days, allegations of harassment/discrimination, allegations of racial profiling, allegations of use of unnecessary or excessive force, and other incidents that require properly resolving formal disciplinary proceedings.
• Sworn members who receive written complaint notification of a formal complaint from the Internal Affairs Unit can request the complaint be submitted to the expedited disciplinary track method.
• This request must be made in writing to the Office of Chief with a copy of the formal complaint notification attached.
• Both the sworn member and the Chief must agree to submit the matter to the expedited disciplinary track for a finding.
• Any agreed upon disciplinary action must be enacted within 30 calendar days of the agreement.
• Civil Service Commission, arbitrator, or court can not appeal or alter a suspension agreed to by a member.
• The expedited disciplinary track cannot be requested within 60 calendar days of the expiration of the complaint’s 180 calendar day timeline in Chapter 143 of the Local Government Code.
• Guidance when addressing disciplinary action is found in the San Antonio Police Department's Complaint Matrix.
• All formal preliminary investigations are entered into Blue Team, forwarded through the officer's chain of command to Internal Affairs for review and disposition as soon as possible, but not later than 15 days after complaint is received.

Information Logs and Service Complaints

• Service complaints are citizen dissatisfaction with police services for reasons other than complaints of officer misconduct.
• Service complaints include call response times, handling of civil matters, discretionary call screening, unavailability or delay of other police services, and any other complaint not involving officer misconduct.
• Supervisors receiving service complaints from citizens document the complaint in Blue Team as a Service Complaint and include complainant contact information, the nature of the complaint, and specific details to assist in addressing the dissatisfaction and forward that through the officer's chain of command.
• Supervisors should inform citizens making service complaints that their concerns will be documented for Department policy feedback.
• Any complaint that doesn't violate policy/procedure or involve officer misconduct is logged as an Information Log.
• Information Logs are forwarded to Internal Affairs through the chain of command utilizing Blue Team.

Parties to a Complaint (Complainants)

• Complaints of alleged misconduct must identify a principal complainant or aggrieved party from outside the Department.
• Complaints initiated by the Department will list the "Administration" as the complainant.
• Anonymous complaints may receive supervisory review, and efforts will be made to verify the info via Blue Team and Internal Affairs chain of command.

Complaint Processing

• The Department receives complaints in various forms and from many sources.
• Members of the Department must ensure prompt and courteous complaint responses or referrals.
• Copies of all complaints received/handled by members of the Department must be entered into Blue Team by supervisory officers, and forwarded through the chain of command for proper review and disposition.
• Complaint processing involves the following:
• If received through personal appearance:
• The member directs the complainant to the supervisor of the officer who is the subject of the complaint. If unavailable, to the nearest available supervisor.
• If received telephonically:
• The member forwards the complainant to the supervisor of the officer who is the subject of the complaint, if readily available. If not, to the Communications Unit Supervisor to determine the supervisor's availability in the subject officer's chain of command, who dispatches the supervisor to contact the complainant. If unavailable, any supervisor from the Patrol Division is dispatched to contact.
• If received through correspondence:
• The member routes the complaint to his immediate supervisor, who then handles it in accordance with this policy.

Complaint Investigation Responsibilities

• Individual officers must accept the responsibility of confidentiality to avoid compromising the integrity of the disciplinary process.
• Officers cannot discuss the details of any complaint with persons outside of the disciplinary process.
• Supervisory officers must initiate action appropriate to the type of complaint.
• Supervisory officers handling line complaints must contact and interview the complainant, the subject officers, and evaluate the information and address complaints that require minor disciplinary action.
• Supervisors must also prepare reports upon disposition of the complaint utilizing the information provided by the complainants, the sworn members, and supervisory evaluation of the complaints, including the methods in which complaints were addressed.
• Line complaint disposition reports must be entered to Blue Team, with specific violations, and forwarded electronically through the chain of command no later than 15 days after complaint is received.
• Supervisors receiving complaints in person, on the phone or from a dispatcher, on an officer who is not assigned to his unit, handle the complaint and forwards preliminary investigation reports electronically through Blue Team to the officer's chain of command, and a carbon copy to the officer’s Unit Director.
• Supervisory officers addressing formal complaints must immediately notify the Section Commanders or Unit Directors of cases where an officer is involved in allegations of suspected criminal activity, and they need to contact and interview the complainants.
• Supervisors also need to refer the complainants to the Internal Affairs Unit to initiate formal complaints, Interview and obtain written reports from the subject officer and all witness officers, and obtain necessary information to assist in the evaluation of the complaints, in accordance with Section .12 В (2).
• The formal complaint investigation must include all information provided by the complainants, the sworn members' reports, and the supervisors' reports.
• Supervisors will only recommend either no disciplinary action is necessary or the complaint to be forwarded to the Internal Affairs Unit.
• Preliminary complaint investigation reports are entered into Blue Team and forwarded.
• Supervisors who receive a formal complaint from another Unit's supervisor via Blue Team follow the procedure outlined above, except they do not enter preliminary investigations into Blue Team, and any additional information is added to the complaint investigation previously entered into Blue Team prior to forwarding.

Complaint Investigation Responsibilities (cont.)

• Reports of discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment must be reported within 24 hours to the Internal Affairs Unit.
• Section commanders/unit directors receiving line complaints through Blue Team assign supervisory officers to investigate the complaints, review/evaluate the supervisors' recommendation.
• Section commanders/unit directors forward line complaint reports in Blue into chain of command with recommendation soon as possible but no later than 15 days after receipt, and also present SAPD Form 10 to officer if concurrence with Division Commander results in contemplated suspension.
• After officer agrees to contemplated suspension, they forward reports in Blue Team to Division Commander.
• If officer doesn’t agree to suspension, they forward reports in Blue Team to Internal Affairs for a Formal Investigation.
• Upon receiving a formal complaint, they temporarily relieve a sworn member of duty if they are accused of serious misconduct or suspected criminal activity, and immediately notify the Division Commander and Internal Affairs Unit.
• Division Commanders receiving complaints from the Internal Affairs Unit assign Section Commanders or Unit Directors to investigate the complaints through Blue Team.
• Division Commanders receiving line complaint reports in Blue Team review the reports and recommendations and may request further investigation.
• They can concur with recommended disciplinary action, up to a five (5) day suspension, and forward line complaint reports to the Deputy Chief of Staff-Administrative (CXA) for preparation of suspension documents if necessary.
• Division Commanders reviewing formal complaints through Blue Team review contents of investigations with a review for preliminary investigations under exigent cirucmstances and forward the formal complaint investigation reports through Blue team to the Internal Affairs Unit.
• Internal Affairs Unit receives line complaint disposition reports and formal complaint investigation packets from Division Commanders through Blue Team.
• Internal Affairs Unit investigates formal complaints of sworn member misconduct and presents the findings to the Complaint and Administrative Review Board (CARB), and send Formal Complaint Notices and Deactivation Notices.
• Officers under investigation must be informed 24 hours prior to being interrogated or asked to respond to an investigation, provided with sufficient information to be reasonably apprised of the allegations, allowed to review, not copy, information listed in the Collective Bargaining Agreement.
• No information provided for review to an officer may be reproduced or transmitted in any form, and officers cannot release this information.
• All complainants who provide signed, written or video/audio statement must be provided with a copy from Internal Affairs staff in person on the day the statement is produced, after confirming their identity.

Complaint Interviews

• The Homicide Unit investigates police vehicle crashes and presents findings of investigations to the Crash Evaluation and Review Board.
• The Police Legal Advisor review disciplinary cases under the Internal Affairs Unit, is an advisor to the Chief's Complaint and Administrative Review Board and Crash Evaluation and Review Board to interpet the legalities and regulations that govern the case.
• The Chief of Police reviews recommendations to the Administration review boards to implements an action approriate to the case, or may implement action without participation from the review boards.
• Supervisory officers conducting formal complaint interviews with complainants or witnesses adhere to the following process:
• The interviews must occur at a time and place reasonable under the circumstances.
• Complainants must be advised the Department may not implement formal disciplinary actions against sworn members without signed, sworn complaints, although oral complaints may receive supervisory review based on the severity of the allegations., and written statements may only be taken by supervisory officers assigned to the Internal Affairs Unit.
• Supervisory officers conducting formal or line complaint interviews with sworn members under investigation for alleged non-criminal misconduct follow the following:
• The interviews must occur at a reasonable time and place.
• Obtain written documentation from the involved personnel utilizing Form#200-OR, Officer's Response to a Complaint.
• A sworn member may request that a supervisory officer accompany him to an interview with Internal Affairs.
• A sworn member subjected to a non-criminal complaint investigation interview must submit a report through SAPD Form #200-OR.
• A sworn member of the Internal Affairs Unit, sergeant or above, may request a sworn member of any rank to submit written or audio/video reports, answer interrogations, provide physical evidence, or cooperate in other ways with Internal Affairs during an investigation.

Polygraph Usages

• Introduction of the polygraph into an investigation of a citizen's complaint appears necessary, therefore the polygraph is considered a useful tool for administration.
• The Department will first examine the complainant if the complainant agrees to the administration of a polygraph.
• Only when the complainant's results indicate truthfulness will they be administered to the sworn member via a licensed examiner. A non-member administers the polygraph examination to prevent bias with the polygraph examination.
• To avoid undue embarrassment to an officer or the Department, the polygraph examination won’t be administered to an officer while in uniform or in direct sight.
• Complaint results will be reviewed by the Complaint and Administration Review Board and the Chief of Police
• Only the Chief of Police will review the sworn member's results from the polygraph.

Complaint Documentation Retention

• Individual officers:
• May maintain personal records involving matters of potential disciplinary action which involve him.
• The only official disciplinary documentation permitted in any officer's possession is that which the officer personally prepared.
• Supervisory Officers:
• Can maintain informal notes regarding activity of members, but personal retention of other documentation is prohibited.
• Must forward all documentation, videos, audio recordings, or photos under seal to the Internal Affairs Unit through chain of command at the earliest possible time.

Corrective Action Implementation

• Field Counseling:
• Means to document an on-duty and/or sub-standard performance, deficiency and/or behavior that negatively impacts the officer.
• Should a field counseling be issued, it must be approved by his/her supervisor using SAPD Form6-CR with the approval of his/her supervisor, and is to result in the original copy of the report being kept in the field file.
• Written Counseling/Reprimand:
• Written Counseling/Reprimand is administered for use within the resolution of a line complaint and/or the recommendation by the Crash Evaluation and Review board, and is to be used with approval of the Officer’s Division commander using SAPD Form6-CR.

Complaint and Administrative Review Board

• The Chief's Complaint and Administrative Review Board (CCARB) has both a Citizen portion of CCARB as well as a Police portion.
• Citizen portion is derived from the current Bargining agreement, provided that any citizen member can not vote on a case of bodily harm, use of force, and/or unlawul search and seizure.
• Consists of sworn members as specified in the current Bargining agreement.
• Membership is open to any officer who has completed their initial probationary period and has not incurred a suspension during the previous twelve months.
• Each sworn member has one vote, however regardless of the rank if the party is a respondant or has participate or witness the case.
• The Chief of Police is required to maintain the integrirty of the CCARB, by having them sign a pledge the maintain rights to privacy on case testimonies.
• Cases are derived from formal affairs that had generated a complaint with the Internal Affairs Unit

Chief's Complaint and Administrative Review Board Procedures

• Security of each respondent's privacy is announced by the CCARB Chairman and announces each case, prepared for review by CCARB.
• May reset a case at the respondent's request, if sufficient cause exists.
• The Board receives an outline for the case with an assigned CCARB Chairman to determine their action with the Internal Affairs Unit.
• The respondent is allowed to speak before the CCARB by chairman, to which he will be subject to the following limitaitons:
• The respondent is not allowed and/or have any character witness.
• The sworn member directs such requests to commanding officer, who then notifies the supervisor requested to appear as a voluntary non-remuneraated basis.
• The Chairman of the board should alert that testimony is voluntary, and rules apply, which board members and their testimony can remove themselves at anytime.
• There is no form of an accusation or debate directed toward respondent, with their recommendation being advisory.
• The complainant and/or an attorney can not represent, however can have a non-legal representative present.
• The CCARB will conduct their discussion generally using the following guidelines:
  • Will be an informal process
  • The dialogue and process will be with intent to determine if the actions of the respondent violate or do not violate any standard.

Misconduct Case Findings

• A vote of the following with the case will begin, such as:
• "Unfounded" – The case did not have a reported alligation.
• "Inconclusive" - The case cannot be proved.
• "Sustained" - The case is proven.
• "Justified" - The conduct was necessary.
• Should any finding being "Sustained", information is passed to be to include past practice of legal aspects of guideline and policies and records of the issue at hand.

Crash Evaluation and Review Board

• The Crash Evaluation and Review Board (CERB) assess all cases involving police motor vehicle crashes involving sworn members, to which some members must take oath of condifentitality in each review and discussion made in the review boards.
• A vote should be taken to assess if there was any findings in the case, to which the finding can be either "chargeable" or "Non-chargeable", with a majority vote to make it final, and any vote will then be heard on how to assign a crashing value through means of:
• Non Chargeable( 0 point)
• Chargeable (2 points)
• The CERB will then caluclate total point assessment for current and past crash reports and point assignments through the Homicide unit during the past report of 2 points.

Disciplinary Implementation

• Any death reported with a crash, the CERB review will be forward to the District Attorney office, in light any recommendations presented to the Chief Police.
• Following the recommendations, the respondent's DC is ensured to have the proper disposition of Blue team after notification.
• With crash reporting/implementations, officer involved in two crashes within 12 months shall either be placed woth a special assignment / ride alonge with trained remedial driver till they pass at the Training Academy.
• Any action against the member shall be placed within personnel files and maintined in Internal Affairs database

Flow Charts

• The provided document reviews a visual model and/or flow for Information logs, Service Complains, Cases, Forms, and Crash Reporting.