Podcast
Questions and Answers
What is the scope of the Investigative Misconduct policy?
What is the scope of the Investigative Misconduct policy?
- All BSO employees
- Internal Affairs investigators and supervisors
- All law enforcement personnel
- Deputy sheriffs and detention deputies only (correct)
What should the deputy under investigation do if they believe the investigator has intentionally failed to comply with statutory requirements?
What should the deputy under investigation do if they believe the investigator has intentionally failed to comply with statutory requirements?
- Request a new investigator
- File a complaint with the Sheriff's office
- Notify the investigator of the alleged violation and provide factual basis (correct)
- Refuse to cooperate with the investigation
What happens if the investigator fails to cure the violation or the violation continues after being notified?
What happens if the investigator fails to cure the violation or the violation continues after being notified?
- The deputy or their representative requests the Sheriff to be informed of the alleged violation (correct)
- The investigator is subject to disciplinary action
- The investigation is terminated
- The deputy is subject to disciplinary action
How long does the deputy or their representative have to submit a written notice of violation and request a compliance review hearing?
How long does the deputy or their representative have to submit a written notice of violation and request a compliance review hearing?
What must be preserved for review and presentation at the compliance review hearing?
What must be preserved for review and presentation at the compliance review hearing?
What is the consequence of the deputy's refusal to respond to further investigative questions after requesting the Sheriff to be informed of the alleged violation?
What is the consequence of the deputy's refusal to respond to further investigative questions after requesting the Sheriff to be informed of the alleged violation?
Who must be informed of the alleged violation if the investigator fails to cure the violation or the violation continues after being notified?
Who must be informed of the alleged violation if the investigator fails to cure the violation or the violation continues after being notified?
What is the purpose of the written notice of violation submitted to the Sheriff or designee?
What is the purpose of the written notice of violation submitted to the Sheriff or designee?
What is the primary purpose of the compliance review panel?
What is the primary purpose of the compliance review panel?
What is the standard of proof required for the compliance review panel to make a determination?
What is the standard of proof required for the compliance review panel to make a determination?
What is the consequence for the investigator if the compliance review panel determines that the violation was intentional?
What is the consequence for the investigator if the compliance review panel determines that the violation was intentional?
What is the next step after the compliance review panel makes a determination?
What is the next step after the compliance review panel makes a determination?
Who bears the burden of proof in a compliance review hearing?
Who bears the burden of proof in a compliance review hearing?
What is considered confidential during the compliance review hearing?
What is considered confidential during the compliance review hearing?
What happens to the allegation if the compliance review panel determines that the violation was intentional?
What happens to the allegation if the compliance review panel determines that the violation was intentional?
What is the purpose of the investigation initiated against the investigator if the violation was intentional?
What is the purpose of the investigation initiated against the investigator if the violation was intentional?
How long does the agency have to conduct a compliance review hearing after a request is filed?
How long does the agency have to conduct a compliance review hearing after a request is filed?
What is the purpose of the compliance review panel?
What is the purpose of the compliance review panel?
How many members make up the compliance review panel?
How many members make up the compliance review panel?
Who selects the third member of the compliance review panel?
Who selects the third member of the compliance review panel?
Where must the compliance review hearing be conducted?
Where must the compliance review hearing be conducted?
What is the requirement for the selection of review panel members?
What is the requirement for the selection of review panel members?
What is the term for the alleged violation being investigated by the compliance review panel?
What is the term for the alleged violation being investigated by the compliance review panel?
What is the purpose of considering the compliance review panel hearing as part of the original investigation?
What is the purpose of considering the compliance review panel hearing as part of the original investigation?
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Study Notes
Investigative Misconduct Policy
- Applies to deputy sheriffs and detention deputies only
Procedure for Reporting Intentional Violations
- Deputy or representative must notify investigator of intentional violation of statutory requirements
- Notice must include factual basis of each violation
- If violation continues after notification, deputy or representative must request Sheriff or designee be informed
Ceasing Investigative Action
- All investigative action must cease until alleged violation is resolved
- Deputy's refusal to respond to further questions does not constitute insubordination or policy violation
Requesting Compliance Review Hearing
- Deputy or representative must submit written notice of violation and request for compliance review hearing within three working days
- Notice must contain sufficient information to identify allegedly violated requirements and factual basis of each violation
Preserving Evidence
- All evidence related to investigation must be preserved for review and presentation at compliance review hearing
Compliance Review Hearing
- Hearing must be conducted within ten working days after request, unless otherwise agreed upon or for extraordinary reasons
- Hearing is considered part of the original investigation for purposes of confidentiality
Compliance Review Panel
- Panel reviews circumstances and facts surrounding alleged intentional violation
- Panel consists of three members: one selected by agency, one by deputy, and one by the other two members
- Panel members must be active law enforcement or detention deputies from the same discipline as the deputy requesting the hearing
Determining Intentional Violation
- Compliance review panel determines whether investigator or agency intentionally violated statutory requirements
- Deputy bears the burden of proof to establish intentional violation (preponderance of the evidence)
Consequences of Sustained Violation
- Sheriff or designee removes investigator from further involvement with investigation
- Investigation is initiated against investigator for intentional violation
- Allegation is forwarded to Criminal Justice Standard and Training Commission for review as official misconduct or misuse of position
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