Internal Affairs Investigations 7/16/2024
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Questions and Answers

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?

  • 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?

  • 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?

    <p>The Internal Affairs Unit OIC or their designee assigns an investigator to investigate the complaint</p> Signup and view all the answers

    What is the purpose of the Perjury and Oath Acknowledgement Form?

    <p>To allow witnesses to read and sign a form acknowledging the seriousness of perjury</p> Signup and view all the answers

    How are internal investigations assigned?

    <p>By the Internal Affairs Unit OIC or their designee</p> Signup and view all the answers

    What is the format of the internal investigation case number?

    <p>I2010-001</p> Signup and view all the answers

    What is the purpose of the Confidentiality Notice Form?

    <p>To ensure witnesses maintain confidentiality during the investigation</p> Signup and view all the answers

    What should the investigator do when a witness is unable to read or write?

    <p>Read the Perjury and Oath Acknowledgement and Confidentiality Notice forms audibly to the witness</p> Signup and view all the answers

    Who will acknowledge they have read the Perjury and Oath Acknowledgement and Confidentiality Notice forms?

    <p>Members of the ECSO</p> Signup and view all the answers

    What happens when a witness refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice forms?

    <p>The investigator will note the refusal on the form and witness it</p> Signup and view all the answers

    What is the purpose of the investigative report?

    <p>To summarize the complaint and detail the investigation</p> Signup and view all the answers

    What happens to the internal investigation case file after the Sheriff's review?

    <p>It is placed in a secure location</p> Signup and view all the answers

    What document informs the accused member of the investigative finding?

    <p>Interoffice memorandum</p> Signup and view all the answers

    What is the purpose of the Employee Interview Advice of Rights form?

    <p>To advise the accused member of their rights and responsibilities</p> Signup and view all the answers

    During an internal investigation interview, what is the accused member required to do?

    <p>Answer questions specifically, directly, and narrowly related to their official duties</p> Signup and view all the answers

    What is the Internal Investigation Final Action Record used for?

    <p>To maintain a separate record of completed internal affairs case files</p> Signup and view all the answers

    What happens when an accused member is exonerated due to policy failure?

    <p>The member is informed of the outcome</p> Signup and view all the answers

    What is the purpose of a financial disclosure statement in an internal investigation?

    <p>To investigate allegations of a financial nature</p> Signup and view all the answers

    What happens to evidence provided by a member or discovered during the investigation?

    <p>It is documented and secured in the investigative case file or turned into the Evidence Unit</p> Signup and view all the answers

    Who can relieve a member from duty during an internal investigation?

    <p>A supervisor assigned to the Internal Affairs Unit by order of the Sheriff or in compliance with General Order 403</p> Signup and view all the answers

    What is the purpose of an internal investigation report?

    <p>To thoroughly detail each step of the investigation</p> Signup and view all the answers

    What is the definition of an 'Unsubstantiated' finding in an internal investigation?

    <p>A finding or conclusion that sufficient credible evidence was lacking to prove or disprove the allegation</p> Signup and view all the answers

    What must an investigative report include and be executed before?

    <p>A sworn statement and a notary public</p> Signup and view all the answers

    What happens when an investigation is concluded and the finding is 'Exonerated due to Policy Failure'?

    <p>A memorandum is drafted to review the policy, procedure, rule, or regulation</p> Signup and view all the answers

    What is included in the header of an internal investigation report?

    <p>The IA Pro number, date of complaint, date formal investigation directed, and other details</p> Signup and view all the answers

    Can a member request a device designed to measure the truthfulness of responses during an internal investigation?

    <p>Yes, if the member wishes to verify their truthfulness</p> Signup and view all the answers

    What happens to the investigative report and all other documents after the investigation is concluded?

    <p>They are placed in an internal investigation case file and labeled with the IA Pro number and the name of the accused member</p> Signup and view all the answers

    Under what circumstances is a complaint filed against a law enforcement officer or correctional officer no longer confidential?

    <p>When the investigation ceases to be active</p> Signup and view all the answers

    Who may access a complaint and information obtained during an investigation?

    <p>Law enforcement agencies, correctional agencies, and state attorneys</p> Signup and view all the answers

    What is the consequence of willfully disclosing information from a confidential internal investigation?

    <p>Penalties as provided by Florida law</p> Signup and view all the answers

    What is the purpose of the Internal Investigation Final Action Record?

    <p>To summarize the final action taken</p> Signup and view all the answers

    When can the Sheriff or designee acknowledge the existence of a complaint?

    <p>At any time, including during an active investigation</p> Signup and view all the answers

    What happens to closed internal affairs records?

    <p>They are provided upon request</p> Signup and view all the answers

    What is the purpose of the Statement of Complaint Form?

    <p>To record the initial complaint</p> Signup and view all the answers

    Under what statute are closed internal affairs records provided?

    <p>Section 112.533, Florida Statutes</p> Signup and view all the answers

    Who reviews the internal investigation file after it is completed?

    <p>The Sheriff</p> Signup and view all the answers

    What happens to the internal investigation case file after it is approved?

    <p>It is securely maintained in the Internal Affairs Unit</p> Signup and view all the answers

    What is completed on all internal affairs investigative case files?

    <p>Internal Investigation Final Action Record</p> Signup and view all the answers

    What happens if an allegation has been sustained and determined to be a violation of section 943.13(4) or (7), F.S.?

    <p>The Internal Affairs Unit submits a CJSTC Form 78 to the Florida Department of Law Enforcement</p> Signup and view all the answers

    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?

    <p>Refers the complaint to the appropriate criminal investigation unit or agency</p> Signup and view all the answers

    What happens if evidence of criminal wrongdoing arises from an internal investigation?

    <p>The Internal Affairs Unit OIC or designee notifies the Sheriff or designee</p> Signup and view all the answers

    What is the purpose of the Internal Investigation Final Action Record?

    <p>To document the internal investigation findings</p> Signup and view all the answers

    Who decides whether to initiate a criminal investigation when a complaint is received alleging member misconduct?

    <p>The Sheriff</p> Signup and view all the answers

    What happens to the complaint if the Sheriff decides not to pursue a criminal investigation?

    <p>It is referred back to the Internal Affairs Unit</p> Signup and view all the answers

    Why are complaints filed against law enforcement officers kept confidential?

    <p>Unless otherwise provided by law</p> Signup and view all the answers

    What happens when the Internal Affairs Unit receives an order from the Sheriff or his designee directing an internal investigation?

    <p>An investigator of the Internal Affairs Unit is assigned to investigate the complaint.</p> Signup and view all the answers

    What is the purpose of an investigator placing witnesses under oath?

    <p>To obtain honest statements from the witnesses.</p> Signup and view all the answers

    What type of cases would be assigned to the Internal Affairs Unit?

    <p>Incidents requiring lengthy investigations or involving multiple divisions.</p> Signup and view all the answers

    What happens to the internal investigation case file after the Sheriff's review?

    <p>It is not mentioned in the content.</p> Signup and view all the answers

    Who will give the Sheriff a finding based on the totality of the evidence?

    <p>The Internal Affairs Unit.</p> Signup and view all the answers

    What is the format of the internal investigation case number?

    <p>Starting with 'I' then the year, followed by the chronological number.</p> Signup and view all the answers

    What happens when a complaint is received alleging member misconduct that would be a violation of state, federal, or local law or ordinance?

    <p>The Internal Affairs Unit refers it to the appropriate agency.</p> Signup and view all the answers

    What is the purpose of interviewing all witnesses?

    <p>To obtain written or recorded statements from them.</p> Signup and view all the answers

    What is the purpose of a medical or laboratory examination during an internal investigation?

    <p>To gather evidence related to the allegations under investigation</p> Signup and view all the answers

    What happens to evidence provided by a member or discovered during the investigation?

    <p>It is documented and secured in the investigative case file or turned into the Evidence Unit</p> Signup and view all the answers

    What is the purpose of the header in an internal investigation report?

    <p>To provide details about the investigation, such as dates and personnel involved</p> Signup and view all the answers

    What happens when an accused member is exonerated due to policy failure?

    <p>A memorandum is drafted to request review of the policy</p> Signup and view all the answers

    What is the purpose of the notarized statement in the investigative report?

    <p>To verify that the contents of the report are true and accurate</p> Signup and view all the answers

    Who can relieve a member from duty during an internal investigation?

    <p>The Sheriff or the supervisor assigned to the Internal Affairs Unit</p> Signup and view all the answers

    What happens to the investigative report and all other documents after the investigation is concluded?

    <p>They are placed in an internal investigation case file labeled with the IA Pro number and the name of the accused member</p> Signup and view all the answers

    What happens when a witness is unable to read or write during an internal investigation?

    <p>The investigator will read the forms audibly to the witness and note on the form that they were read to the witness and that the witness is unable to read and/or write.</p> Signup and view all the answers

    Under what circumstances can a member request a device designed to measure the truthfulness of responses?

    <p>If the member wishes to verify their truthfulness</p> Signup and view all the answers

    What is included in the narrative of the investigative report?

    <p>The details of the investigation as they occurred in chronological order.</p> Signup and view all the answers

    What is the definition of an 'Unfounded' finding in an internal investigation?

    <p>The allegation was demonstrably false or there is no credible evidence to support the complaint</p> Signup and view all the answers

    What happens when the accused member is exonerated due to policy failure?

    <p>The investigation is concluded, and the finding is documented in the investigative report.</p> Signup and view all the answers

    Who reviews the internal investigation file after it is completed?

    <p>The OIC of the Internal Affairs Unit.</p> Signup and view all the answers

    What is the purpose of the investigative report?

    <p>To thoroughly detail each step of the investigation</p> Signup and view all the answers

    What is the purpose of the Employee Interview Advice of Rights form?

    <p>To advise the accused member of their rights and responsibilities during the interview.</p> Signup and view all the answers

    What happens when an investigation is concluded, and the finding is 'Unsubstantiated'?

    <p>The investigation is closed, and the finding is documented in the investigative report.</p> Signup and view all the answers

    Who signs the Perjury and Oath Acknowledgement and Confidentiality Notice forms?

    <p>Members of the ECSO.</p> Signup and view all the answers

    What is the outcome if the Sheriff decides not to pursue a criminal investigation?

    <p>The complaint is referred back to the Internal Affairs Unit for a preliminary investigation.</p> Signup and view all the answers

    What happens when a witness refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice forms?

    <p>The investigator will note on the forms, 'Witness refused to sign,' print the name of the witness on the form, and witness the refusal.</p> Signup and view all the answers

    What happens to the internal investigation file after it is approved?

    <p>It is securely maintained in the Internal Affairs Unit under the member's name.</p> Signup and view all the answers

    What is included in the Internal Investigation Final Action Record?

    <p>The final action taken on all internal affairs investigative case files.</p> Signup and view all the answers

    Who decides whether to initiate a criminal investigation when a complaint is received alleging member misconduct?

    <p>The Sheriff or designee</p> Signup and view all the answers

    What is the purpose of the Internal Investigation Final Action Record?

    <p>To maintain a separate record of the investigation's final action.</p> Signup and view all the answers

    What happens if evidence of criminal wrongdoing arises from an internal investigation?

    <p>The internal investigation will cease and the Sheriff or designee will be notified.</p> Signup and view all the answers

    Under what circumstances is a complaint filed against a law enforcement officer no longer confidential?

    <p>When the employing law enforcement agency makes a final determination to issue a notice of disciplinary action</p> Signup and view all the answers

    Who reviews the internal investigation file after it is completed?

    <p>The Sheriff</p> Signup and view all the answers

    What is completed on all internal affairs investigative case files?

    <p>An Internal Investigation Final Action Record</p> Signup and view all the answers

    What happens if an allegation has been sustained and determined to be a violation of section 943.13(4) or (7), F.S.?

    <p>The Internal Affairs Unit will complete and submit a CJSTC Form 78 along with a copy of the report and supporting documentation to the Florida Department of Law Enforcement.</p> Signup and view all the answers

    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?

    <p>Immediately notify the Sheriff or designee of the complaint.</p> Signup and view all the answers

    When is a complaint filed against a law enforcement officer or correctional officer no longer confidential?

    <p>When the investigation ceases to be active or when the Sheriff or his designee provides written notice to the officer</p> Signup and view all the answers

    Who may access a complaint and information obtained during an investigation?

    <p>Law enforcement agencies, correctional agencies, and state attorneys</p> Signup and view all the answers

    What is the consequence of willfully disclosing information from a confidential internal investigation?

    <p>Penalties, including but not limited to the disclosure of the identity of the officer under investigation</p> Signup and view all the answers

    When can the Sheriff or designee acknowledge the existence of a complaint?

    <p>At any time during the investigation</p> Signup and view all the answers

    What happens to closed internal affairs records?

    <p>They are provided upon request, in accordance with section 112.533, Florida Statutes, and Chapter 119, Florida Statutes</p> Signup and view all the answers

    What is the purpose of the Statement of Complaint Form?

    <p>To document the complaint filed against a law enforcement officer or correctional officer</p> Signup and view all the answers

    Under what statute are closed internal affairs records provided?

    <p>Section 112.533, Florida Statutes, and Chapter 119, Florida Statutes</p> Signup and view all the answers

    Who reviews the internal investigation file after it is completed?

    <p>The Sheriff or his designee</p> Signup and view all the answers

    What is the main purpose of the disciplinary process in the Escambia County Sheriff's Office?

    <p>To advise members of inappropriate behavior and encourage them to perform in an acceptable manner</p> Signup and view all the answers

    What document informs the accused member of the investigative finding?

    <p>Internal Investigation Final Action Record</p> Signup and view all the answers

    What is the Escambia County Sheriff's Office's approach to discipline?

    <p>Uniform approach that complies with federal and state constitutional provisions</p> Signup and view all the answers

    What happens when conduct falls below an acceptable standard and there is a breach of the established rules and regulations of the agency?

    <p>Discipline becomes necessary</p> Signup and view all the answers

    When should a supervisor recommend formal disciplinary action?

    <p>When a supervisor believes it is in the best interest of the member and the Escambia County Sheriff's Office</p> Signup and view all the answers

    What is the review date for the Disciplinary Process Order 403?

    <p>06/2023</p> Signup and view all the answers

    What is the purpose of counseling?

    <p>To advise or guide a member to improve performance or behavior</p> Signup and view all the answers

    Who is responsible for reviewing the internal investigation file after it is completed?

    <p>The Sheriff</p> Signup and view all the answers

    What is a demotion?

    <p>A reduction in grade to a lower rank in the chain-of-command</p> Signup and view all the answers

    What is the purpose of progressive discipline?

    <p>To advise members of inappropriate behavior and encourage them to perform in an acceptable manner</p> Signup and view all the answers

    What is the distribution code for the Disciplinary Process Order 403?

    <p>All Members</p> Signup and view all the answers

    What is remedial training?

    <p>Training provided to improve knowledge or skills</p> Signup and view all the answers

    What is the purpose of a suspension?

    <p>To enforce a leave of absence without pay for disciplinary purposes</p> Signup and view all the answers

    Who may appeal disciplinary action?

    <p>Members with rights established in a collective bargaining agreement</p> Signup and view all the answers

    What is the purpose of administrative leave?

    <p>To investigate a member's conduct</p> Signup and view all the answers

    What is dismissal?

    <p>A termination of employment for cause</p> Signup and view all the answers

    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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    Description

    This quiz covers the procedures for investigating citizen complaints against Escambia County Sheriff's Office members. Learn about the role of the Internal Affairs Unit and how they investigate allegations of misconduct.

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