24 Questions
What is the scope of the Investigative Misconduct policy?
Deputy sheriffs and detention deputies only
What should the deputy under investigation do if they believe the investigator has intentionally failed to comply with statutory requirements?
Notify the investigator of the alleged violation and provide factual basis
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
How long does the deputy or their representative have to submit a written notice of violation and request a compliance review hearing?
Three working days
What must be preserved for review and presentation at the compliance review hearing?
All evidence related to the investigation
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?
It is not considered insubordination or any similar type of policy violation
Who must be informed of the alleged violation if the investigator fails to cure the violation or the violation continues after being notified?
The Sheriff or designee
What is the purpose of the written notice of violation submitted to the Sheriff or designee?
To request a compliance review hearing
What is the primary purpose of the compliance review panel?
To review evidence and make a determination regarding the violation
What is the standard of proof required for the compliance review panel to make a determination?
By a preponderance of the evidence
What is the consequence for the investigator if the compliance review panel determines that the violation was intentional?
The investigator is removed from the investigation and an investigation is initiated against them
What is the next step after the compliance review panel makes a determination?
The determination is filed with the Sheriff and the deputy
Who bears the burden of proof in a compliance review hearing?
The deputy
What is considered confidential during the compliance review hearing?
The investigative materials
What happens to the allegation if the compliance review panel determines that the violation was intentional?
The allegation is forwarded to the Criminal Justice Standard and Training Commission
What is the purpose of the investigation initiated against the investigator if the violation was intentional?
To determine if the investigator is guilty of official misconduct or misuse of position
How long does the agency have to conduct a compliance review hearing after a request is filed?
Ten working days
What is the purpose of the compliance review panel?
To determine whether the investigator or agency intentionally violated statutory requirements
How many members make up the compliance review panel?
Three members
Who selects the third member of the compliance review panel?
The other two members
Where must the compliance review hearing be conducted?
Broward County
What is the requirement for the selection of review panel members?
They must be active law enforcement or detention deputies
What is the term for the alleged violation being investigated by the compliance review panel?
Intentional violation
What is the purpose of considering the compliance review panel hearing as part of the original investigation?
To ensure confidentiality
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
This quiz covers the process of a compliance review panel, including the presentation of evidence, review of documents, and hearing arguments to make a determination.
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