Untitled

• This order consists of the following: Purpose, Policy, Definitions, Procedures

Purpose of Policy

• Establishes uniform guidelines for investigating complaints against the agency or its members
• Applies whether initiated by a citizen or an agency member
• Must occur in a complete, fair, and timely manner

Policy

• The Osceola County Sheriff's Office will properly investigate all complaints made against the agency or its members
• Provides a uniform procedure for things like questioning witnesses and storing completed reports

Definitions

• Complaint - An allegation of misconduct, violation of law, or of agency policy or procedure by any agency member, whether initiated by citizens or another agency member
• Employee - Only full time, auxiliary, and part time, sworn and non-sworn members compensated or not by the Sheriff
• Internal Affairs – The component of the agency responsible for coordinating misconduct complaints against the Sheriff's Office or its employees
• The Chief Deputy is directly responsible for the Internal Affair's function
• Inquiry – Reviewing information related to any suspected violation of agency policy/procedure by an agency employee
• Used to determine whether a reasonable belief exists that a policy/procedure has been violated and/or which agency employee committed the violation
• Inquiries shall be initiated only with the approval of the investigating employee's supervisor or above
• Subject employee should not be questioned during an inquiry in accordance with F.S.S. 112
• Investigation - The review of information related to any suspected violation of agency policy/procedure when there is enough information to reasonably believe the employee committed the violation
• This could lead to disciplinary action, and all internal investigations must be initiated at the direction of the subject employees' major or above
• Long Form Internal Investigation – An internal investigation for alleged policy violations that would exceed a Category 4 level of discipline and/or the subject employee does not agree to a Short Form investigation
• Preponderance of Evidence – Evidence presented concludes that it is more probable than not that the alleged policy violation occurred
• Reasonable Suspicion – Facts that constitute less than probable cause but more than a mere guess
• Representative – Someone who appears with the employee during an interrogation/interview, providing support and advice
• This can be an agency employee, member of the Florida Bar, or any other adult not involved in the investigation
• The representative can consult/provide advice to the employee, but is barred from participating in the interrogation directly
• Short Form Internal Investigation – An internal investigation for alleged policy violations that would not exceed a Category 4 level of discipline and the subject employee does not contest the findings and/or discipline proposed
• Tracking Number - A computer-generated internal complaint case number used to maintain agency control of internal investigations and inquires

Procedures for Handling Citizen and/or Internal Complaints

• All complaints shall be documented on the Initial Complaint/Final Disposition Report Form (SO-06-105)
• Complaints need not be sworn before investigation, and anonymous complaints must also be investigated
• Personnel receiving complaints against agency employees shall immediately refer the complaint to a first line supervisor
• If the first line supervisor is unavailable, the person receiving the complaint will complete an Initial Complaint/Final Disposition Report Form (SO-06-105) and forward it to the appropriate supervisor for investigation
• The Initial Complaint/Final Disposition Form (SO-06-105) shall contain the following: Tracking number (if applicable), Complainant's name, Witnesses (if applicable), The name of the subject employee, Date/time/location of the incident, Date/time the complaint was reported, Who the complaint is assigned to, A synopsis of the complaint
• All managers/supervisors will investigate and take appropriate action concerning subordinates' behavior
• Supervisor should refer complaints against someone who is not his/her subordinate to the appropriate supervisor
• If supervisor cannot determine who either supervisor/employee is, the complaint should be forwarded with the Initial Complaint/Final Disposition Report Form (SO-06-105) attached, to Internal Affairs
• If the supervisor determines the complaint is a violation, the complaint shall be referred to the affected employee's Major by a memorandum detailing the complaint with the Initial Complaint/Final Disposition Report Form (SO-06-105) attached
• Supervisors should conduct an initial assessment of all complaints within 7 days of receiving it
• When Internal Affairs gets the initial complaint and it is to be investigated at the Bureau level, the Initial Complaint/Final Disposition Report Form (SO-06-105) and a complaint memorandum shall be forwarded to the appropriate supervisor, via the chain of command, if necessary
• The Sheriff shall be notified via chain of command, when the following complaints are received against the agency or its employees: Corruption, Excessive force where there is evidence to support the allegation, Violations of civil rights where there is evidence to support the allegation, Criminal misconduct where there is evidence to support the allegation
• All complaints documented on the Initial Complaint/Final Disposition Report Form (SO-06-105) shall be reviewed by Internal Affairs

Investigative Responsibilities

• All agency supervisors are responsible for investigating complaints against subordinates or referring complaints to Internal Affairs for investigation through the chain of command
• Internal investigations must conform to Florida State Statutes and this policy
• When an employee is notified that he/she has become the subject of an internal investigation he/she shall be issued an Internal Investigations Notification Form (SO-05-104), containing: The nature of the investigation, A partial list of employee rights and responsibilities, and direction to this written directive for a complete list of employee rights/responsibilities during an internal investigation
• The law enforcement officers' and correctional officers' rights (police officers' bill of rights) is found in F.S.S. 112.535
• Members participating in an internal investigation shall not, until the investigation's conclusion, discuss or otherwise reveal investigative information with anyone other than those listed
• The member may discuss the case with his/her: Representative, Attorney, Clergy, Spouse

Assignment of Investigations

• Immediate Supervisor - An employee's immediate supervisor, or any other supervisor within the employee's chain of command, may be responsible for investigating complaints assigned by the responsible major or the Chief Deputy
• The types of complaints that may be investigated by a supervisor include but are not limited to those listed in Policy 341.0, Standards of Conduct
• Internal Affairs will register and manage all internal investigations alleging misconduct by the Sheriff's Office or its employees
• Internal Affairs shall maintain the confidentiality of all documents, records, and files pertaining to all internal investigations
• Internal Affairs is responsible for conducting the internal investigation of all complaints assigned by the Chief Deputy or designee
• Types of complaints that may be investigated by Internal Affairs: Corruption, Excessive Use of Force, Violations of Civil Rights, Moral Character, Those listed in Policy 341.0 Standards of Conduct
• Internal Affairs shall give supervisors technical assistance to complete his/her investigation

Conducting an Administrative Investigation

• If supervisors cannot resolve complaints via telephone/in person with the complainant, then there will be an inquiry, a Short Form, or Long Form investigation
• Supervisors' conducting inquiries and internal investigations shall maintain the case files in a secure area
• Inquiry - determine if there is a reasonable belief that a policy violation has been committed and to establish whether a particular employee was involved in the incident, either as a witness or participant
• The investigating supervisor shall keep documentation while conducting an inquiry, and it requires Completion of the Initial Complaint/Final Disposition Form (SO-06-105)
• Complaints may initially be worked as inquiries, resolving at the inquiry level if the investigating supervisor cannot determine the policy violation or identify the subject employee
• Initial Complaint/Final Disposition Report Form (SO-06-105) then gets forwarded to Internal Affairs for records retention
• An inquiry does not fall under the Law Enforcement Officer's Bill of Rights, questioning does not need to be recorded, and subject employee should not be questioned
• If the investigating supervisor determines a policy violation occurred during the inquiry stage, that supervisor shall forward the results to the appropriate Major requesting a Short Form or Long Form investigation
• Investigating supervisor's chain of command then determines who will further investigate the case based on criteria set forth in this written directive

Internal Investigation procedures

• The investigating supervisor needs to ensure the Initial Complaint/Final Disposition Form (SO-06-105) is completed and a tracking number is obtained from Internal Affairs
• If the investigation is forwarded to a bureau from Internal Affairs, Internal Affairs shall complete the Initial Complaint form and issue a tracking number
• Upon issuance of a tracking number, the investigating supervisor will send a letter to the complainant indicating receipt of their complaint and advising them their complaint will be investigated
• Subject employee must be given a copy of the Internal Investigation Notifications Form (SO-05-104) which includes the nature of the investigation and the complainant
• Content of an internal investigation is confidential and is not public until the investigation ceases to be active, or until the Sheriff or designee provides written notice to the member who is the subject of the investigation, either personally or by mail, that the Sheriff's Office has either: Concluded the investigation with a finding not to proceed with disciplinary action; or Concluded the investigation with a finding to proceed with disciplinary action via a Notice of Disciplinary Action Form (SO-03-31)

Arrest/Criminal Investigation of Agency Employee

• If there is an incident which could lead to employee arrest and a criminal investigation is conducted, the subject employee shall be afforded all rights given to criminal defendants
• If the on-duty Lieutenant is advised that an agency employee is the subject of a criminal investigation, then the Chief Deputy or designee must notified via the chain of command Investigator will decide whether to make an arrest or file the case with the State Attorney's Office
• If the investigating member is an agency member he/she shall consult with his/her lieutenant, or the on-duty lieutenant, via the chain of command prior to making an arrest
• The Law Enforcement Officers' Bill of Rights (F.S.S. 112.531 – 112.535) apply to all full time and part time deputies, and the Sheriff can elect to extend the provisions of the Law Enforcement Officers' Bill of Rights to investigations of other agency employees for possible policy violations
• Newly employed probationary personnel may be afforded all rights enumerated under this policy, but this policy does not affect their “at-will” status
• Someone on probation due to a promotion/transfer is also covered, but his/her probationary status is not affected: the Sheriff is free to summarily revoke a promotion with/without cause during the probationary period and the provisions of policy 340.0, Discipline and Termination dont apply
• The agency shall, within a 180 day time limit, complete the investigation and give written notice to the law enforcement officer of the intent to proceed with disciplinary action(s) sought, excluding exceptions: The subject officer may waive in writing; A criminal investigation/prosecution is pending; An involved officer is incapacitated/unavailable; Multiple jurisdictions are involved; Emergencies/natural disasters Governor declared in Osceola County; Deputy's compliance proceedings from violation notice through written determination of the compliance review panel/violation remedied by the agency
• An investigation may be reopened if significant new evidence is discovered that could not reasonably have been discovered during the initial investigation/new evidence resulted from the pre-disciplinary response of the employee
• Reopened investigation must completed within 90 days after the reopening date

Interview procedures

• Prior to interviewing an agency employee as the subject of an investigation, the interviewer should ensure they review and sign the Internal Investigation Notification Form (SO-05-104)
• Interviewer shall comply with F.S.S. 112.532 as it applies to interviews
• Recording Interviews - Interviews of persons, other than the subject employee, can be in the form of a sworn written statement or tape/digitally recorded; otherwise, must closely follow the format suggested on the Internal Investigation Interview Form (SO-05-106)
• Questioning Witnesses - Witness statements need to be documented in either tape/digital recorded format or with the use of a Witness Statement form
• If a non-employee witness refuses to be recorded or give a statement investigating member should note this and explain, if any
• If an individual is believed to be a witness, but after questioning has no knowledge of the incident, the supervisor should include the witnesses' name in the final report with the fact that no information was gained from the interview

Questioning the Subject Employee

• Must record the entire interview of an agency-employee, including breaks
• Interview concluded if break is not a short recess
• No unrecorded questions/statements at any time
• If severity of alleged violation requiring an Internal Affairs investigation is increased based on facts, the interview stops and investigative documentation that has been produced shall be sent to the supervisor's Major, via chain of command

Short Form Internal Investigation (Short Form Report)

• The Short Form Internal Investigation may be utilized in the event there is no need to interview the subject employee and:
  • The alleged violation of policy will only result in imposed discipline of Category one (1), two (2), three (3) or four (4)
  • employee does not wish to contest the sustained finding
  • The employee agrees with the level of discipline to be imposed and waives all appeals
  • The employee agrees with and signs the Internal Investigation Short Form Report (SO-06-159)
• In the event a Short Form internal investigation process sustains a violation of Sheriff's Office policy which does not exceed a Category 4 level of discipline, the completed Internal Investigation Short Form Report and a Memorandum detailing the investigation shall be forwarded to the subject employee's Major for review via chain of command
• Once approved, the subject employee's Major or designee shall determine in writing the type and amount of discipline to be imposed, then the investigating member shall complete the Internal Investigation Short Form Report and attach the report to the approved Investigation Memorandum
• Subject employee should not be questioned in preparation for review of a copy of the completed Internal Investigation Short Form Report and attached Investigation Memorandum
• Employee will have give (5) business days to decide options: Sign the Internal Investigation Short Form Report for prescribed discipline without appeal, or request a full internal investigation be conducted
  • If the subject employee requests a full investigation, any discipline shall not be worse unless additional policy violations are discovered as a result
• Employee will sign for findings indicated on the Investigation Short Form Report and Investigation Memorandum; the completed packet will gets forwarded to Internal Affairs for recording and storage via chain of command
• Human Resources Section and Finance Section will receive copy of Disciplinary Action Form (SO-03-31) if there is a loss of time or pay. Original goes to retained file by Internal Affairs
• Long Form Internal Investigation - To be used where the subject employee needs to be interviewed or the employee does not agree to the provision or the discipline that may be imposed exceeds Category four (4)

Investigative Tools

• No employee is explicitly required to submit to a deception detection exam, however, an employee may be asked if he/she desires to do so
• Investigator conducting an administrative test will seek Internal Affairs Section assistance
• Employees can be required to be photographed for identification/preservation of administrative investigation evidence
• Where financial statements are required for admin investigations, they should credit/discredit statements made
• Assigned equipment checks are allowed for related evidence
• Employees may be lab tested comparitively if collected evidence is collected

Drug/Substance Abuse Testing

• If suspect drugs or alcohol in supervisor is in order to captain Supervisor acts in accordance with 338.0 and refusal for testing results in disciplinary actions

Conditions of Relieving From Duty With Pay

• Lieutenants authorized to relieve the employee to pay
• If believe safety risk impede agency and support actions can be relieved in 24 hrs.
• Actions shall be sent to the human resource office and two hour recalls be initiated.
• Majors reassigns subordinates

Suspending Employees From Duty Without Pay

• Employees may be suspended from duty without pay during investigative period, they can use vacation and compensation.
• Personnel above captain can suspend All equipment should reclaimed

Investigative Report

• All investigations in 45 days but may requested based on need
• Reports submitted every seven days to supervisor.
• Final reports and documentation needs be done
• Short form internal investigation
• Inter-Office Memorandum and SO-06-159 required . Long form: synopsis, complaints and findings done with witness details in B/G - Specific facts during findings and case violations completed.

Findings

• Evidence and violations need to be documented with conclusion
  • Unfounded
  • Exonerated
  • Not Sustained
  • Sustained

Notifications

• Supervisors shall provide the findings to an employee subject. Memo with design with list on allegations. Employee get notified of police officer bils/rights as well
• Investigating report shall notify of facts of investigation
• Outside the sheriff office will certified mail the finding
• Internal email will detail facts the to the officer of the finding and department law to CJSTC

78. Mailed to form 78 with file and program