Podcast
Questions and Answers
What should be recorded on a Complaint Control Form if a complaint is resolved at the time of the complaint?
What should be recorded on a Complaint Control Form if a complaint is resolved at the time of the complaint?
If the employee complained of is attached to the unit that receives the complaint, how many copies of the Complaint Control Form are distributed?
If the employee complained of is attached to the unit that receives the complaint, how many copies of the Complaint Control Form are distributed?
Who should receive a copy of the Complaint Control Form when an employee not attached to the unit receives the complaint?
Who should receive a copy of the Complaint Control Form when an employee not attached to the unit receives the complaint?
What condition warrants immediate notification of the Internal Affairs Division?
What condition warrants immediate notification of the Internal Affairs Division?
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What is one of the responsibilities of the Bureau of Professional Standards and Development concerning Complaint Control Forms?
What is one of the responsibilities of the Bureau of Professional Standards and Development concerning Complaint Control Forms?
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What happens when a complaint is related to brutality or serious injury caused by a Department employee?
What happens when a complaint is related to brutality or serious injury caused by a Department employee?
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Which of the following is NOT a step in the routing of the Complaint Control Form?
Which of the following is NOT a step in the routing of the Complaint Control Form?
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How should the complainant acknowledge the resolution of their complaint?
How should the complainant acknowledge the resolution of their complaint?
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Who can recommend initiating the procedures for a letter of reprimand?
Who can recommend initiating the procedures for a letter of reprimand?
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What is required to be included in the initial report regarding a letter of reprimand?
What is required to be included in the initial report regarding a letter of reprimand?
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What is the next step after the Police Commissioner prepares the proposed letter of reprimand?
What is the next step after the Police Commissioner prepares the proposed letter of reprimand?
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What happens if a police officer waives their right to a hearing regarding the letter of reprimand?
What happens if a police officer waives their right to a hearing regarding the letter of reprimand?
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What is the time frame for the hearing officer to submit a report after the conclusion of the hearing?
What is the time frame for the hearing officer to submit a report after the conclusion of the hearing?
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What kind of employee can the Police Commissioner delegate authority to for suspensions of five days or less?
What kind of employee can the Police Commissioner delegate authority to for suspensions of five days or less?
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After the Commissioner signs the proposed letter, where else is a copy placed besides the police officer's personnel file?
After the Commissioner signs the proposed letter, where else is a copy placed besides the police officer's personnel file?
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What should the hearing officer include in their report after the hearing?
What should the hearing officer include in their report after the hearing?
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What is the role of the Bureau of Professional Standards and Development in handling complaints?
What is the role of the Bureau of Professional Standards and Development in handling complaints?
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Which of the following investigative techniques can an investigating officer use?
Which of the following investigative techniques can an investigating officer use?
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When can an interrogation of a department member take place?
When can an interrogation of a department member take place?
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What must be communicated to a member before their interrogation?
What must be communicated to a member before their interrogation?
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What happens if an investigating officer directs a member to report for interrogation?
What happens if an investigating officer directs a member to report for interrogation?
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What are the requirements for conducting an interrogation?
What are the requirements for conducting an interrogation?
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What authority does the Bureau of Professional Standards and Development have regarding initiating investigations?
What authority does the Bureau of Professional Standards and Development have regarding initiating investigations?
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What is a fundamental right of a member during an interrogation?
What is a fundamental right of a member during an interrogation?
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What must employees provide when requesting an opportunity to consult with counsel for minor violations?
What must employees provide when requesting an opportunity to consult with counsel for minor violations?
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What can an employee do if they believe there have been violations of provisions outlined in the Section?
What can an employee do if they believe there have been violations of provisions outlined in the Section?
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What is NOT included in the written decision rendered by the Police Commissioner?
What is NOT included in the written decision rendered by the Police Commissioner?
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Which outcome means that the investigation found sufficient evidence to support the allegations in the complaint?
Which outcome means that the investigation found sufficient evidence to support the allegations in the complaint?
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What should the investigation report include in addition to the findings related to the complaint?
What should the investigation report include in addition to the findings related to the complaint?
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What is the maximum immediate suspension that can be imposed by the commanding officer if a complaint is sustained?
What is the maximum immediate suspension that can be imposed by the commanding officer if a complaint is sustained?
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In what manner may the Police Commissioner attempt to resolve violations before formal complaints are filed?
In what manner may the Police Commissioner attempt to resolve violations before formal complaints are filed?
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What happens if the investigation fails to prove or disprove the allegations made in the complaint?
What happens if the investigation fails to prove or disprove the allegations made in the complaint?
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What action must be taken if a unit-level investigation is initiated by an external complaint?
What action must be taken if a unit-level investigation is initiated by an external complaint?
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Who is authorized to hear cases regarding punishment duty according to the regulation?
Who is authorized to hear cases regarding punishment duty according to the regulation?
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What is the composition of a Trial Board as stated in the guidelines?
What is the composition of a Trial Board as stated in the guidelines?
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What must happen if a Trial Board member has direct personal contact with a case?
What must happen if a Trial Board member has direct personal contact with a case?
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What must the Police Commissioner provide when appointing a Hearing Officer?
What must the Police Commissioner provide when appointing a Hearing Officer?
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According to M.G.L.c. 31 s. 41, what is required before any action affecting a tenured employee's job is taken?
According to M.G.L.c. 31 s. 41, what is required before any action affecting a tenured employee's job is taken?
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Which of the following actions can the Police Commissioner take regarding an officer's position?
Which of the following actions can the Police Commissioner take regarding an officer's position?
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What is the role of the Bureau of Professional Standards and Development in the process described?
What is the role of the Bureau of Professional Standards and Development in the process described?
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Study Notes
Complaint Resolution
- Complaints resolved to the complainant's satisfaction are recorded on a Complaint Control Form with a notation indicating resolution.
- Complainants should acknowledge resolution in writing, which is attached to the Complaint Control Form.
- Complaint Control Forms are distributed immediately to relevant parties.
- The Bureau of Professional Standards and Development receives a copy of the form and may distribute additional copies to the commanding officer and investigating officer.
Internal Affairs Notification
- The Internal Affairs Division is immediately notified upon receipt of complaints alleging:
- Brutality, death, or serious injury caused by a Department employee
- Firearm discharge resulting in personal injury or property damage caused by a Department employee
- The commission of a felony by a Department employee
- Possible corruption or bribery of a Department employee
- When the judgment of the superior officer receiving the complaint indicates an immediate investigation by the Internal Affairs Division is justified
- If the employee against whom the complaint is rendered requests it
Letter of Reprimand Procedures
- The commander of the bureau or unit to which a police officer is assigned, the Commander of the Internal Affairs Division, or the Commander of the Staff Inspection Division may recommend a letter of reprimand.
- A report detailing the circumstances surrounding the letter of reprimand is submitted to the Police Commissioner.
- The report includes the names of all witnesses and Superior Officers involved, dates and times of incidents, and a detailed account of the facts.
- The Police Commissioner prepares the proposed letter of reprimand and it is sent back to the initiating bureau or unit for verification.
- Verification requires either an affidavit of the complaint or the signature of the commander.
- The proposed letter is then forwarded to the chief clerk and the Bureau of Professional Standards and Development.
- A hearing is scheduled by the Bureau of Professional Standards and Development if the police officer has a right to one.
- The police officer is notified of the hearing's time and date.
- The hearing is conducted according to a specific set of rules.
- A report summarizing the evidence and recommending whether the letter should be signed by the Commissioner is submitted within five days of the hearing's conclusion.
Suspension for Five Days or Less
- General procedures apply, and the Police Commissioner may delegate the authority to immediately impose suspensions of five days or less.
- The Chief of the Bureau of Professional Standards and Development appoints an investigating officer or returns the complaint to the commanding officer for investigation.
- The Bureau of Professional Standards and Development may also initiate investigations.
Investigative Techniques
- Investigating officers may use lawful investigative techniques, including inspecting public records, questioning witnesses, interrogating the member complained of, questioning fellow employees and surveillance.
- The interrogation of a member of the department must be conducted at a reasonable hour, preferably while the member is on duty.
- The interrogation takes place at a location designated by the investigating officer.
- The member of the department is informed of the rank, name and command of the interrogating officer and all persons present during the interrogation.
- If a member of the department is directed to leave their post for interrogation, the commanding officer is promptly notified of their whereabouts.
Investigation Report
- The investigating officer prepares an investigation report summarizing all evidence gathered during the investigation and containing a recommendation regarding the complaint.
- The investigating officer's recommendation may be:
- Sustained (investigation disclosed sufficient evidence to support allegations in the complaint);
- Not sustained (investigation failed to prove or disprove the allegations);
- Exonerated (the action complained of did occur, but investigation revealed that action was proper, legal and reasonable); or
- Unfounded (investigation revealed that conduct did not occur).
- If the investigating officer discovers misconduct not based on a complaint, this is stated in the report.
- The report is forwarded to the commanding officer for unit-level investigations or the chief of the Bureau of Professional Standards and Development.
- The commanding officer or the chief of the Bureau of Professional Standards and Development then make recommendations for disciplinary action or impose an immediate suspension for five days or less.
Hearings
- The Police Commissioner is the appointing authority for hearings relating to discharge, removal, transfer to another agency, suspension, lowering in rank or compensation, abolition of office or punishment duty.
- The Commissioner may appoint a hearing officer or a trial board to hear these cases.
Trial Boards
- Trial Boards are composed of three captains who inquire into matters as directed by the Police Commissioner.
- No member of a Trial Board may sit on any matter involving their district or where they have direct personal contact.
- In these cases, the member is disqualified and the Commissioner appoints another captain.
Hearing Officer
- The Police Commissioner can appoint a hearing officer to hear any cases concerning proposed discharge, removal from office, transfer to another agency, suspension, lowering in rank or compensation, abolition of office, or imposition of punishment duty.
- In such a case, the Commissioner sends a written designation to the Bureau of Professional Standards and Development and the Chief Clerk containing the name of the hearing officer and the employee who is the subject of the action.
- The hearing officer follows general rules of procedure.
Procedure
- A written statement of the specific reason or reasons for the contemplated action, together with a copy of M.G.L.c. 31, ss. 41-45, is given to the officer or employee before any action affecting their employment or compensation is taken.
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Description
This quiz covers the procedures and protocols for resolving complaints within an organization. It highlights the importance of documentation like the Complaint Control Form and the protocols for notifying the Internal Affairs Division about serious allegations. Examine the steps involved in ensuring accountability and transparency in complaint resolution.
