Internal Investigations Policy

Internal Investigations Policy

• The Terre Haute Police Department aims to maintain integrity through an internal investigation process.
• The process records, registers, and controls all complaints and investigations of alleged or suspected misconduct within the agency.
• Objectivity, fairness, and justice are ensured through impartial investigation and review.
• Citizens have ready access to lodge complaints against any member, and requests for complaint forms are honored without delays or referrals.
• All complaints against the department or its employees are investigated.
• Allegations of employee misconduct are classified by the Chief of Police as an "inquiry", an "informal investigation", or a "formal investigation".
• Complaints are accepted from any source, including citizens and employees, in person, by mail, or by telephone.
• An accused member is required to appear before an investigator or be interrogated only when a signed and sworn formal complaint has been filed and they have been notified.
• The complaint must detail the rules/regulations violated and supporting facts, presented to the accused at least 8 hours prior to their statement, as per the collective bargaining agreement.
• Department investigators or supervisors can investigate anonymous complaints or those where citizens want their names confidential.
• If the investigation corroborates an anonymous complaint, the investigator acts as the complainant; without corroboration, the complaint is classified as unfounded.
• All complaints are referred to the Division Captain, or a supervisor in their absence.
• The Shift Commander or on-duty supervisor speaks with complainants and has them fill out the Complaint Form to return to the Division Captain.
• The Division Captain forwards the Complaint Form to the Chief of Police before their tour of duty ends.
• The Chief of Police is to be contacted immediately if a complaint is serious and needs immediate attention.
• The Division Captain or designee provides a copy of the complaint to the complainant as a receipt.
• Complainants are advised of the laws regarding filing a false report.
• The Chief of Police reviews complaints and determines if they warrant an inquiry, informal investigation, or formal investigation.
• The Chief of Police or designee notifies the affected Supervisor about complaints concerning their subordinates.
• After determining the type of investigation, the Chief of Police forwards the complaint to the Administrative Secretary, who logs it and issues an Internal Investigation case number.
• The log includes complainant and employee names, date, offense, investigating officer, Internal Investigation case number, and disposition, and is maintained indefinitely.
• Employees under misconduct complaint must not retaliate against the complainant.
• Retaliation results in disciplinary action, up to dismissal from the Department.
• Affected employees can file a civil suit or take lawful action against the complainant if the complaint is intentionally false and malicious.

Investigations and Findings

• After classification, the Chief of Police assigns an investigator, and the investigation and conclusion follow procedure 2.06.
• The Chief of Police determines findings after informal or formal investigations.
  • Unfounded: The act did not occur, or the employee named was not involved.
  • Exonerated: The act occurred but was justified, lawful, and proper.
  • Not Sustained: Insufficient evidence to prove or disprove the allegation.
  • Sustained: Investigation reveals sufficient evidence to clearly prove the allegation.
  • Policy Failure: Employee conduct aligned with policy but the complaint suggests policy reevaluation.
  • Misconduct Not Related to Complaint: Employee misconduct is sustained, but it was not alleged in the complaint.
  • Withdrawn: The complainant no longer wishes to pursue the complaint and will be asked to make the request in writing.
• A meeting with the employee, supervisors, and the Division Captain is held within 5 working days of case completion to explain the findings.
• Affected employees can view reports related to disciplinary actions unless it jeopardizes a pending criminal investigation.