Complaint Resolution Procedures
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Complaint Resolution Procedures

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What should be recorded on a Complaint Control Form if a complaint is resolved at the time of the complaint?

  • The details of the complaint for future reference
  • The complainant's full name
  • That the complaint was resolved to the complainant's satisfaction (correct)
  • A notation that the complaint was unresolved

    • If the employee complained of is attached to the unit that receives the complaint, how many copies of the Complaint Control Form are distributed?

  • Three copies
  • Two copies
  • Four copies (correct)
  • Five copies

    • Who should receive a copy of the Complaint Control Form when an employee not attached to the unit receives the complaint?

  • The local media
  • The employee's family
  • Only the complainant
  • The Bureau of Professional Standards and Development (correct)

    • What condition warrants immediate notification of the Internal Affairs Division?

    <p>Allegations of a felony by a Department employee</p> Signup and view all the answers

    What is one of the responsibilities of the Bureau of Professional Standards and Development concerning Complaint Control Forms?

    <p>To retain and maintain a log of all Complaint Control Forms issued</p> Signup and view all the answers

    What happens when a complaint is related to brutality or serious injury caused by a Department employee?

    <p>Immediate notification to the Internal Affairs Division is required</p> Signup and view all the answers

    Which of the following is NOT a step in the routing of the Complaint Control Form?

    <p>To the chief administrator of the department</p> Signup and view all the answers

    How should the complainant acknowledge the resolution of their complaint?

    <p>In writing, with acknowledgment attached to the Complaint Control Form</p> Signup and view all the answers

    Who can recommend initiating the procedures for a letter of reprimand?

    <p>The commander of the bureau or unit or the Commander of the Internal Affairs Division</p> Signup and view all the answers

    What is required to be included in the initial report regarding a letter of reprimand?

    <p>The names of witnesses and Superior Officers involved, along with incidents' dates and times</p> Signup and view all the answers

    What is the next step after the Police Commissioner prepares the proposed letter of reprimand?

    <p>Return it to the initiating bureau or unit for verification</p> Signup and view all the answers

    What happens if a police officer waives their right to a hearing regarding the letter of reprimand?

    <p>The letter is placed in their personnel file without further discussion</p> Signup and view all the answers

    What is the time frame for the hearing officer to submit a report after the conclusion of the hearing?

    <p>No later than five days</p> Signup and view all the answers

    What kind of employee can the Police Commissioner delegate authority to for suspensions of five days or less?

    <p>Tenured civil service employees only</p> Signup and view all the answers

    After the Commissioner signs the proposed letter, where else is a copy placed besides the police officer's personnel file?

    <p>The Internal Affairs Division file</p> Signup and view all the answers

    What should the hearing officer include in their report after the hearing?

    <p>A summary of the evidence and a recommendation regarding the letter</p> Signup and view all the answers

    What is the role of the Bureau of Professional Standards and Development in handling complaints?

    <p>The Bureau appoints an investigating officer for the complaint.</p> Signup and view all the answers

    Which of the following investigative techniques can an investigating officer use?

    <p>Interrogation of members and questioning of witnesses.</p> Signup and view all the answers

    When can an interrogation of a department member take place?

    <p>Preferably during duty hours unless otherwise necessary.</p> Signup and view all the answers

    What must be communicated to a member before their interrogation?

    <p>The rank, name, and command of the interrogating officer.</p> Signup and view all the answers

    What happens if an investigating officer directs a member to report for interrogation?

    <p>The commanding officer of the member must be promptly notified.</p> Signup and view all the answers

    What are the requirements for conducting an interrogation?

    <p>Interrogations are usually held at the member's assigned command or district station.</p> Signup and view all the answers

    What authority does the Bureau of Professional Standards and Development have regarding initiating investigations?

    <p>Investigations can be initiated without a formal complaint.</p> Signup and view all the answers

    What is a fundamental right of a member during an interrogation?

    <p>To receive information about the nature of the investigation.</p> Signup and view all the answers

    What must employees provide when requesting an opportunity to consult with counsel for minor violations?

    <p>Sufficient reasons</p> Signup and view all the answers

    What can an employee do if they believe there have been violations of provisions outlined in the Section?

    <p>File a signed, written complaint with the Police Commissioner</p> Signup and view all the answers

    What is NOT included in the written decision rendered by the Police Commissioner?

    <p>A summary of all evidence</p> Signup and view all the answers

    Which outcome means that the investigation found sufficient evidence to support the allegations in the complaint?

    <p>Sustained</p> Signup and view all the answers

    What should the investigation report include in addition to the findings related to the complaint?

    <p>A statement regarding any discovered misconduct not based on the complaint</p> Signup and view all the answers

    What is the maximum immediate suspension that can be imposed by the commanding officer if a complaint is sustained?

    <p>Five days</p> Signup and view all the answers

    In what manner may the Police Commissioner attempt to resolve violations before formal complaints are filed?

    <p>By informal methods or conference</p> Signup and view all the answers

    What happens if the investigation fails to prove or disprove the allegations made in the complaint?

    <p>The complaint is termed as not sustained</p> Signup and view all the answers

    What action must be taken if a unit-level investigation is initiated by an external complaint?

    <p>A letter shall be sent to the complainant.</p> Signup and view all the answers

    Who is authorized to hear cases regarding punishment duty according to the regulation?

    <p>The Police Commissioner.</p> Signup and view all the answers

    What is the composition of a Trial Board as stated in the guidelines?

    <p>Three captains.</p> Signup and view all the answers

    What must happen if a Trial Board member has direct personal contact with a case?

    <p>The member must be disqualified.</p> Signup and view all the answers

    What must the Police Commissioner provide when appointing a Hearing Officer?

    <p>A written designation containing the officer's name.</p> Signup and view all the answers

    According to M.G.L.c. 31 s. 41, what is required before any action affecting a tenured employee's job is taken?

    <p>The employee must be given a notice of the action's reason.</p> Signup and view all the answers

    Which of the following actions can the Police Commissioner take regarding an officer's position?

    <p>Lower the officer's rank or compensation.</p> Signup and view all the answers

    What is the role of the Bureau of Professional Standards and Development in the process described?

    <p>To confirm disciplinary actions taken by commanding officers.</p> Signup and view all the answers

    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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    Related Documents

    Boston Police Discipline Procedure (PDF) 1983

    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.

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