Investigation Classification and Notification

Investigation Classification and Notification

• If an investigation fails to substantiate a violation of law or policy, the classification will be reclassified as unfounded, not sustained, or exonerated.
• This classification will be denoted on the employee's history.
• Employees will be given notification if complaints are lodged against them, unless notification would compromise the investigative process or any law enforcement or internal investigation.

Admit It and Move On Option

• If the complaint is considered a Category I infraction, the Captain of Internal Affairs will review the employee's IA history.
• Information regarding an "Admit It and Move On" option will be attached to the written notification of the complaint.
• The district command may request, in writing, that Internal Affairs consider approving an investigation for an Admit it and Move On option.
• The Admit It and Move On option is available to the employee throughout the process, up to the pre-disciplinary hearing.

Investigation Process

• If the "Admit It and Move On" option originates from an Internal Affairs assigned case, the following steps will be followed:
  • The case will be referred to the Captain of Internal Affairs for review.
  • Category II infractions will be handled by Internal Affairs and Category I infractions may be delegated to the employee's command for follow-up.
  • If a conflict arises, Internal Affairs and commands will consult, but the final determination is vested with the Captain of Internal Affairs.

Anonymous Allegations

• Investigations into alleged employee violations of law, policy, or procedures by an anonymous source will be classified as anonymous allegations.
• Investigations will be classified as anonymous allegations if received by:
  • Anonymous letter, fax, or correspondence.
  • Anonymous telephone call to a BSO facility or employee.
  • Other format where the complaint initiator is anonymous.
• A Citizen Contact will be initiated by IA if an anonymous allegation of misconduct is received.
• The source of the complaint will be documented as "Anonymous".
• If an investigation shows evidence substantiating any portion of an allegation, the investigation will be updated to reflect the appropriate charge(s).

Supervisor's Role

• If a complaint can be handled verbally or in writing by a supervisor in a command, after appropriate review is conducted into the employee's previous disciplinary record (if any), the supervisor should do so.
• If the supervisor believes further action is warranted, then the supervisor will complete a Citizen Contact in BlueTeam.
• When there is doubt, supervisors (and commands) will communicate with the Internal Affairs Division to work out a course of action.

Complaint Handling Procedure

• Complaints can be received via telephone or in-person with a supervisor (preferably a sergeant or lieutenant) nearest to the complainant, with the option to give the complaint over the phone or meet with a supervisor.

Initial Complaint Review

• A complainant requesting to speak to a supervisor will be interviewed as soon as practical.
• The BSO Employee Recognition/Complaint Form will be available and displayed in all public access areas of BSO facilities.
• A supervisor will note if there is evidence of impairment by the complainant (mental, emotional, drugs, alcohol, etc.) and why the supervisor suspects the impairment.

Complaint Investigation

• No participant, including complainants, subject employees, investigators, and witnesses, will disclose any information about the investigation until it is closed and is public record.
• Investigators will use all available investigative resources to impartially determine the facts.
• At the conclusion of all complaint investigations, the complainant and employee will receive written notification of the completed investigation.

Investigative Report

• Agency personnel assigned to investigate the complaint will prepare an investigative report or summary, verifying that the contents are true and accurate based on personal knowledge, information, and belief.

Categories of Infractions

• Category I infractions: violations with potential discipline of five days or less, or a written reprimand, may be delegated to the employee's command for investigation.
• Category II infractions: violations of criminal offenses or discipline with potential discipline of six days or greater, loss/forfeiture of pay and benefits, demotion, and termination, will be investigated by Internal Affairs.

Complaint Reception Procedure

• A complaint is defined as an allegation of misconduct by an employee, involving a violation of policy and procedure, code of ethics, state or federal law, or other recognized standard of conduct.
• Complaints may be received by any means and need not be in writing.
• Complaints may be taken in person or anonymously, and will be reviewed by Internal Affairs and/or the employee's command.