Podcast
Questions and Answers
What is the responsibility of the Internal Affairs Unit?
What is the responsibility of the Internal Affairs Unit?
- To investigate complaints as directed by the Sheriff (correct)
- To provide community outreach programs
- To issue traffic citations
- To respond to emergency calls
What type of complaints does the Internal Affairs Unit conduct investigations into?
What type of complaints does the Internal Affairs Unit conduct investigations into?
- Only allegations of corruption and perjury
- All of the above
- Incidents requiring investigation, allegations of corruption, gross misconduct, violations of civil rights, sexual harassment, and any matter assigned by the Sheriff (correct)
- Only traffic accidents
What is the procedure when an investigator is assigned a complaint?
What is the procedure when an investigator is assigned a complaint?
- The investigator will only interview witnesses who are willing to testify
- The investigator will conduct a preliminary investigation before interviewing witnesses
- The investigator will interview all witnesses and obtain written or recorded statements (correct)
- The investigator will not place witnesses under oath
What happens when the Internal Affairs Unit receives an order from the Sheriff or his designee directing an internal investigation?
What happens when the Internal Affairs Unit receives an order from the Sheriff or his designee directing an internal investigation?
What is the purpose of the Perjury and Oath Acknowledgement Form?
What is the purpose of the Perjury and Oath Acknowledgement Form?
How are internal investigations assigned?
How are internal investigations assigned?
What is the format of the internal investigation case number?
What is the format of the internal investigation case number?
What is the purpose of the Confidentiality Notice Form?
What is the purpose of the Confidentiality Notice Form?
What should the investigator do when a witness is unable to read or write?
What should the investigator do when a witness is unable to read or write?
Who will acknowledge they have read the Perjury and Oath Acknowledgement and Confidentiality Notice forms?
Who will acknowledge they have read the Perjury and Oath Acknowledgement and Confidentiality Notice forms?
What happens when a witness refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice forms?
What happens when a witness refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice forms?
What is the purpose of the investigative report?
What is the purpose of the investigative report?
What happens to the internal investigation case file after the Sheriff's review?
What happens to the internal investigation case file after the Sheriff's review?
What document informs the accused member of the investigative finding?
What document informs the accused member of the investigative finding?
What is the purpose of the Employee Interview Advice of Rights form?
What is the purpose of the Employee Interview Advice of Rights form?
During an internal investigation interview, what is the accused member required to do?
During an internal investigation interview, what is the accused member required to do?
What is the Internal Investigation Final Action Record used for?
What is the Internal Investigation Final Action Record used for?
What happens when an accused member is exonerated due to policy failure?
What happens when an accused member is exonerated due to policy failure?
What is the purpose of a financial disclosure statement in an internal investigation?
What is the purpose of a financial disclosure statement in an internal investigation?
What happens to evidence provided by a member or discovered during the investigation?
What happens to evidence provided by a member or discovered during the investigation?
Who can relieve a member from duty during an internal investigation?
Who can relieve a member from duty during an internal investigation?
What is the purpose of an internal investigation report?
What is the purpose of an internal investigation report?
What is the definition of an 'Unsubstantiated' finding in an internal investigation?
What is the definition of an 'Unsubstantiated' finding in an internal investigation?
What must an investigative report include and be executed before?
What must an investigative report include and be executed before?
What happens when an investigation is concluded and the finding is 'Exonerated due to Policy Failure'?
What happens when an investigation is concluded and the finding is 'Exonerated due to Policy Failure'?
What is included in the header of an internal investigation report?
What is included in the header of an internal investigation report?
Can a member request a device designed to measure the truthfulness of responses during an internal investigation?
Can a member request a device designed to measure the truthfulness of responses during an internal investigation?
What happens to the investigative report and all other documents after the investigation is concluded?
What happens to the investigative report and all other documents after the investigation is concluded?
Under what circumstances is a complaint filed against a law enforcement officer or correctional officer no longer confidential?
Under what circumstances is a complaint filed against a law enforcement officer or correctional officer no longer confidential?
Who may access a complaint and information obtained during an investigation?
Who may access a complaint and information obtained during an investigation?
What is the consequence of willfully disclosing information from a confidential internal investigation?
What is the consequence of willfully disclosing information from a confidential internal investigation?
What is the purpose of the Internal Investigation Final Action Record?
What is the purpose of the Internal Investigation Final Action Record?
When can the Sheriff or designee acknowledge the existence of a complaint?
When can the Sheriff or designee acknowledge the existence of a complaint?
What happens to closed internal affairs records?
What happens to closed internal affairs records?
What is the purpose of the Statement of Complaint Form?
What is the purpose of the Statement of Complaint Form?
Under what statute are closed internal affairs records provided?
Under what statute are closed internal affairs records provided?
Who reviews the internal investigation file after it is completed?
Who reviews the internal investigation file after it is completed?
What happens to the internal investigation case file after it is approved?
What happens to the internal investigation case file after it is approved?
What is completed on all internal affairs investigative case files?
What is completed on all internal affairs investigative case files?
What happens if an allegation has been sustained and determined to be a violation of section 943.13(4) or (7), F.S.?
What happens if an allegation has been sustained and determined to be a violation of section 943.13(4) or (7), F.S.?
What does the Internal Affairs Unit do when a complaint is received alleging member misconduct that would be a violation of state, federal, or local law or ordinance?
What does the Internal Affairs Unit do when a complaint is received alleging member misconduct that would be a violation of state, federal, or local law or ordinance?
What happens if evidence of criminal wrongdoing arises from an internal investigation?
What happens if evidence of criminal wrongdoing arises from an internal investigation?
What is the purpose of the Internal Investigation Final Action Record?
What is the purpose of the Internal Investigation Final Action Record?
Who decides whether to initiate a criminal investigation when a complaint is received alleging member misconduct?
Who decides whether to initiate a criminal investigation when a complaint is received alleging member misconduct?
What happens to the complaint if the Sheriff decides not to pursue a criminal investigation?
What happens to the complaint if the Sheriff decides not to pursue a criminal investigation?
Why are complaints filed against law enforcement officers kept confidential?
Why are complaints filed against law enforcement officers kept confidential?
What happens when the Internal Affairs Unit receives an order from the Sheriff or his designee directing an internal investigation?
What happens when the Internal Affairs Unit receives an order from the Sheriff or his designee directing an internal investigation?
What is the purpose of an investigator placing witnesses under oath?
What is the purpose of an investigator placing witnesses under oath?
What type of cases would be assigned to the Internal Affairs Unit?
What type of cases would be assigned to the Internal Affairs Unit?
What happens to the internal investigation case file after the Sheriff's review?
What happens to the internal investigation case file after the Sheriff's review?
Who will give the Sheriff a finding based on the totality of the evidence?
Who will give the Sheriff a finding based on the totality of the evidence?
What is the format of the internal investigation case number?
What is the format of the internal investigation case number?
What happens when a complaint is received alleging member misconduct that would be a violation of state, federal, or local law or ordinance?
What happens when a complaint is received alleging member misconduct that would be a violation of state, federal, or local law or ordinance?
What is the purpose of interviewing all witnesses?
What is the purpose of interviewing all witnesses?
What is the purpose of a medical or laboratory examination during an internal investigation?
What is the purpose of a medical or laboratory examination during an internal investigation?
What happens to evidence provided by a member or discovered during the investigation?
What happens to evidence provided by a member or discovered during the investigation?
What is the purpose of the header in an internal investigation report?
What is the purpose of the header in an internal investigation report?
What happens when an accused member is exonerated due to policy failure?
What happens when an accused member is exonerated due to policy failure?
What is the purpose of the notarized statement in the investigative report?
What is the purpose of the notarized statement in the investigative report?
Who can relieve a member from duty during an internal investigation?
Who can relieve a member from duty during an internal investigation?
What happens to the investigative report and all other documents after the investigation is concluded?
What happens to the investigative report and all other documents after the investigation is concluded?
What happens when a witness is unable to read or write during an internal investigation?
What happens when a witness is unable to read or write during an internal investigation?
Under what circumstances can a member request a device designed to measure the truthfulness of responses?
Under what circumstances can a member request a device designed to measure the truthfulness of responses?
What is included in the narrative of the investigative report?
What is included in the narrative of the investigative report?
What is the definition of an 'Unfounded' finding in an internal investigation?
What is the definition of an 'Unfounded' finding in an internal investigation?
What happens when the accused member is exonerated due to policy failure?
What happens when the accused member is exonerated due to policy failure?
Who reviews the internal investigation file after it is completed?
Who reviews the internal investigation file after it is completed?
What is the purpose of the investigative report?
What is the purpose of the investigative report?
What is the purpose of the Employee Interview Advice of Rights form?
What is the purpose of the Employee Interview Advice of Rights form?
What happens when an investigation is concluded, and the finding is 'Unsubstantiated'?
What happens when an investigation is concluded, and the finding is 'Unsubstantiated'?
Who signs the Perjury and Oath Acknowledgement and Confidentiality Notice forms?
Who signs the Perjury and Oath Acknowledgement and Confidentiality Notice forms?
What is the outcome if the Sheriff decides not to pursue a criminal investigation?
What is the outcome if the Sheriff decides not to pursue a criminal investigation?
What happens when a witness refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice forms?
What happens when a witness refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice forms?
What happens to the internal investigation file after it is approved?
What happens to the internal investigation file after it is approved?
What is included in the Internal Investigation Final Action Record?
What is included in the Internal Investigation Final Action Record?
Who decides whether to initiate a criminal investigation when a complaint is received alleging member misconduct?
Who decides whether to initiate a criminal investigation when a complaint is received alleging member misconduct?
What is the purpose of the Internal Investigation Final Action Record?
What is the purpose of the Internal Investigation Final Action Record?
What happens if evidence of criminal wrongdoing arises from an internal investigation?
What happens if evidence of criminal wrongdoing arises from an internal investigation?
Under what circumstances is a complaint filed against a law enforcement officer no longer confidential?
Under what circumstances is a complaint filed against a law enforcement officer no longer confidential?
Who reviews the internal investigation file after it is completed?
Who reviews the internal investigation file after it is completed?
What is completed on all internal affairs investigative case files?
What is completed on all internal affairs investigative case files?
What happens if an allegation has been sustained and determined to be a violation of section 943.13(4) or (7), F.S.?
What happens if an allegation has been sustained and determined to be a violation of section 943.13(4) or (7), F.S.?
What does the Internal Affairs Unit do when a complaint is received alleging member misconduct that would be a violation of state, federal, or local law or ordinance?
What does the Internal Affairs Unit do when a complaint is received alleging member misconduct that would be a violation of state, federal, or local law or ordinance?
When is a complaint filed against a law enforcement officer or correctional officer no longer confidential?
When is a complaint filed against a law enforcement officer or correctional officer no longer confidential?
Who may access a complaint and information obtained during an investigation?
Who may access a complaint and information obtained during an investigation?
What is the consequence of willfully disclosing information from a confidential internal investigation?
What is the consequence of willfully disclosing information from a confidential internal investigation?
When can the Sheriff or designee acknowledge the existence of a complaint?
When can the Sheriff or designee acknowledge the existence of a complaint?
What happens to closed internal affairs records?
What happens to closed internal affairs records?
What is the purpose of the Statement of Complaint Form?
What is the purpose of the Statement of Complaint Form?
Under what statute are closed internal affairs records provided?
Under what statute are closed internal affairs records provided?
Who reviews the internal investigation file after it is completed?
Who reviews the internal investigation file after it is completed?
What is the main purpose of the disciplinary process in the Escambia County Sheriff's Office?
What is the main purpose of the disciplinary process in the Escambia County Sheriff's Office?
What document informs the accused member of the investigative finding?
What document informs the accused member of the investigative finding?
What is the Escambia County Sheriff's Office's approach to discipline?
What is the Escambia County Sheriff's Office's approach to discipline?
What happens when conduct falls below an acceptable standard and there is a breach of the established rules and regulations of the agency?
What happens when conduct falls below an acceptable standard and there is a breach of the established rules and regulations of the agency?
When should a supervisor recommend formal disciplinary action?
When should a supervisor recommend formal disciplinary action?
What is the review date for the Disciplinary Process Order 403?
What is the review date for the Disciplinary Process Order 403?
What is the purpose of counseling?
What is the purpose of counseling?
Who is responsible for reviewing the internal investigation file after it is completed?
Who is responsible for reviewing the internal investigation file after it is completed?
What is a demotion?
What is a demotion?
What is the purpose of progressive discipline?
What is the purpose of progressive discipline?
What is the distribution code for the Disciplinary Process Order 403?
What is the distribution code for the Disciplinary Process Order 403?
What is remedial training?
What is remedial training?
What is the purpose of a suspension?
What is the purpose of a suspension?
Who may appeal disciplinary action?
Who may appeal disciplinary action?
What is the purpose of administrative leave?
What is the purpose of administrative leave?
What is dismissal?
What is dismissal?
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Study Notes
Internal Affairs Investigation
- The Escambia County Sheriff's Office has an Internal Affairs Unit that investigates complaints against its members.
- The unit is responsible for investigating allegations of misconduct or wrongdoing by its members.
Investigation Authorization
- The Internal Affairs Unit receives orders from the Sheriff or designee to investigate complaints.
- The complaint is logged in the I.A. Pro Computer Program and assigned an investigator.
Types of Complaints
- The Internal Affairs Unit investigates incidents that are:
- Lengthy, time-consuming, or require multiple divisions
- Allegations of corruption and perjury
- Gross misconduct
- Violations of civil rights
- Sexual harassment
- Any matter assigned by the Sheriff
Investigation Procedures
- The investigator:
- Interviews witnesses under oath
- Obtains written or recorded statements from witnesses
- Documents all evidence and statements
- The investigator determines if a violation occurred based on the facts of the investigation.
- If no violation occurred, the investigation is concluded, and a report is written.
- If a violation might have occurred, the investigator proceeds with interviewing the accused member.
Interviewing the Accused Member
- The accused member:
- Reads the Employee Interview Advice of Rights form
- Is informed of allegations and rights
- Answers questions specifically related to the performance of duties or fitness for office
- Witnesses provided by the accused member are also interviewed.
Investigation Report
- The report includes:
- Header with IA Pro number, date of complaint, and other details
- Summary of the complaint and allegations
- Narrative of the investigation
- Finding (unfounded, unsubstantiated, exonerated, sustained, or exonerated due to policy failure)
- The report is executed and sworn before a notary public.
Disposition
- The OIC of the Internal Affairs Unit reviews the report and provides it to the Sheriff for review and approval.
- The case may be reopened for further investigation or approved.
- The file is securely maintained in the Internal Affairs Unit.
- An Internal Investigation Final Action Record is completed.
Confidentiality
- Complaints filed against law enforcement officers are confidential until a final determination is made or otherwise provided by law.
- Information obtained during the investigation is confidential and exempt from public records law until the investigation is no longer active.
Reports
- Various reports are used by the Internal Affairs Unit, including:
- Statement of Complaint Form
- Confidentiality Notice
- Perjury and Oath Acknowledgement Form
- Officer Bill of Rights Checklist
- Internal Investigation Final Action Record
- Employee Interview Advice of Rights
Internal Affairs Investigation
- The Escambia County Sheriff's Office has an Internal Affairs Unit that investigates complaints against its members.
- The unit is responsible for investigating allegations of misconduct or wrongdoing by its members.
Investigation Authorization
- The Internal Affairs Unit receives orders from the Sheriff or designee to investigate complaints.
- The complaint is logged in the I.A. Pro Computer Program and assigned an investigator.
Types of Complaints
- The Internal Affairs Unit investigates incidents that are:
- Lengthy, time-consuming, or require multiple divisions
- Allegations of corruption and perjury
- Gross misconduct
- Violations of civil rights
- Sexual harassment
- Any matter assigned by the Sheriff
Investigation Procedures
- The investigator:
- Interviews witnesses under oath
- Obtains written or recorded statements from witnesses
- Documents all evidence and statements
- The investigator determines if a violation occurred based on the facts of the investigation.
- If no violation occurred, the investigation is concluded, and a report is written.
- If a violation might have occurred, the investigator proceeds with interviewing the accused member.
Interviewing the Accused Member
- The accused member:
- Reads the Employee Interview Advice of Rights form
- Is informed of allegations and rights
- Answers questions specifically related to the performance of duties or fitness for office
- Witnesses provided by the accused member are also interviewed.
Investigation Report
- The report includes:
- Header with IA Pro number, date of complaint, and other details
- Summary of the complaint and allegations
- Narrative of the investigation
- Finding (unfounded, unsubstantiated, exonerated, sustained, or exonerated due to policy failure)
- The report is executed and sworn before a notary public.
Disposition
- The OIC of the Internal Affairs Unit reviews the report and provides it to the Sheriff for review and approval.
- The case may be reopened for further investigation or approved.
- The file is securely maintained in the Internal Affairs Unit.
- An Internal Investigation Final Action Record is completed.
Confidentiality
- Complaints filed against law enforcement officers are confidential until a final determination is made or otherwise provided by law.
- Information obtained during the investigation is confidential and exempt from public records law until the investigation is no longer active.
Reports
- Various reports are used by the Internal Affairs Unit, including:
- Statement of Complaint Form
- Confidentiality Notice
- Perjury and Oath Acknowledgement Form
- Officer Bill of Rights Checklist
- Internal Investigation Final Action Record
- Employee Interview Advice of Rights
Disciplinary Process Overview
- The purpose of the disciplinary process is to advise members of inappropriate behavior and encourage them to perform in an acceptable manner.
- Discipline is necessary when conduct falls below an acceptable standard and breaches established rules and regulations.
Authority to Discipline
- The Escambia County Sheriff's Office has a uniform approach to discipline that complies with federal and state constitutional provisions, Florida Statutes, Sheriff's Office Rules and Regulations, and applicable contractual and negotiated agreements.
Progressive Discipline
- Progressive discipline is used to address unacceptable behavior and performance.
Criteria of Discipline
- Criteria for discipline include the severity of the violation, the member's prior disciplinary history, and the impact on the agency.
Informal Corrective Actions
- Informal corrective actions include counseling and remedial training to address performance issues.
- Counseling is used to bring attention to the need to improve performance, work habits, behavior, or attitude and serve as a warning against further repetition of unsatisfactory conduct.
Formal Disciplinary Actions
- Formal discipline should be recommended by a supervisor when there is reason to believe a member has violated an agency policy, general order, or rules and regulations.
- Formal disciplinary actions include demotion, dismissal, suspension, and remedial training.
Disciplinary Review Board
- The Disciplinary Review Board reviews and recommends formal disciplinary actions.
Final Decision in Disciplinary Processes
- The Sheriff makes the final decision in disciplinary processes.
Appeals Process
- Members with rights established in a collective bargaining agreement may appeal disciplinary action in accordance with the Collective Bargaining Agreement.
- Members covered by an individual employment agreement have no appeal rights unless specifically granted in the agreement.
Responsibilities
- Supervisors are responsible for documenting and reporting incidents, recommending disciplinary actions, and conducting counseling sessions.
- Members are responsible for adhering to agency policies, general orders, and rules and regulations.
Administrative Leave
- Administrative leave may be used in conjunction with disciplinary actions.
- Administrative leave is an enforced leave of absence with or without pay.
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