Law Enforcement Disturbance Protocol

• This procedure establishes a process for non-criminal investigation and discipline of sworn members who violate department rules.
• When a complaint focuses on a civilian member, the Division Commander determines the investigation and discipline.
• The procedure does not supersede criminal investigations for alleged violations of criminal laws.

Policy

• The Department is accountable for all official acts of its employees.
• Members are held to a high standard of conduct and discipline to preserve trust and confidence with the community.
• The Department adheres to and practices progressive discipline.
• Progressive discipline allows for a range of sanctions that consider the circumstances of individual matters.
• Disciplinary procedures address considerations and expectations from community, departmental, and employee perspectives.
  • Community or external concerns: The Department accepts all complaints and initiates action based on the seriousness of the complaint.
  • Departmental or internal concerns: A consistent and fair disciplinary system supports an effective operational environment.
  • Employee concerns: Members expect to exercise prudent judgment fairly and lawfully, with an expeditious disciplinary review process.
• The Internal Affairs Unit coordinates investigations of non-criminal misconduct by sworn members.
• The Chief of Police determines which unit or member investigates allegations of criminal misconduct.

Incidents Involving Officers

• Officers will immediately report disturbances they're involved in that require law enforcement response.
• Reports should be communicated to the supervisor, verbally and in writing on SAPD Form 200-OR.
• If the officer's supervisor is unavailable, the officer should report to any on-duty supervisor, verbally and in writing.
• Any supervisor who receives a self-report from an officer submits a report using Blue Team, through their chain of command to Internal Affairs for administrative review.
• On-duty officers handling a disturbance involving another officer, including from other departments, notify their supervisor prior to departing.
• When handling a call, officers must contact an on-duty supervisor if requested by a member of the public and inform them through the dispatcher.
• The supervisor may initially communicate with the requesting person over the phone to determine if presence is needed.
• The supervisor records his/her actions in a written report and incidents resulting in complaints follow this procedure.

Line Complaints

• Line complaints generally are disciplinary matters with minor variations from routine activities of the sworn member.
• The member's immediate supervisor addresses line complaints, resulting in complainant satisfaction from the supervisor's contact.
• The complainant may contact the Internal Affairs Unit if unsatisfied with the supervisor's response.
• The Section Commander, with concurrence from the Division Commander, addresses the member's behavior with counseling, written reprimand, or a suspension of up to five calendar days.
• Suspensions of less than one day are not considered discipline.
• All line complaints are investigated by the chain of command within twenty-one calendar days from the written complaint.
  • The investigation is confined to the complaints detailed in the complaint investigation packet.
  • If the member doesn't agree with the contemplated disciplinary action within five calendar days, the case will be forwarded to Internal Affairs Unit for investigation.
  • Complaints investigated through the chain of command do not entitle the officer to have an attorney present during interviews with their commanding officer.
  • Nothing prohibits an officer from seeking advice from an attorney or an Association representative during the five calendar days.
• If the sworn member is the rank of Captain or above, the officer's Division Commander, Bureau Commander, or the Chief of Police will investigate the complaint.
• All line complaint disposition reports are entered into Blue Team and forwarded up the chain of command for review and disposition per Section .19(C).

Formal Complaints

• Formal complaints generally involve conduct that varies significantly from behavioral expectations established through training, rules, or procedures.
• Formal complaints include activities dealing with behavioral infractions, conduct that would be a crime, or conduct requiring a suspension exceeding five calendar days. Included are allegations of harassment, discrimination, racial profiling, or unnecessary force.
• Sworn members receiving formal complaint notifications from the Internal Affairs Unit may request the complaint be submitted to the expedited disciplinary track method.
  • The request must be written to the Office of Chief with a copy of the formal complaint notification attached.
  • Both the sworn member and the Chief must agree to submit the matter to the expedited disciplinary track for an expedited finding.
  • Any disciplinary action must be agreed upon by the sworn member and the Chief and must be enacted within thirty calendar days.
• A suspension agreed to by a member may not be appealed or altered by the Civil Service Commission, an arbitrator, or any court.
• The expedited disciplinary track can't be requested within sixty calendar days of the complaint's one hundred and eighty calendar day timeline in Chapter 143 of the Local Government Code.
• The San Antonio Police Department's Complaint Matrix is used as a guide when addressing disciplinary action.
• All formal preliminary investigations shall be entered into Blue Team and forwarded through the officer's chain of command to Internal Affairs for review and disposition as soon as possible but no later than 15 days after complaint is received.

Information Logs and Service Complaints

• Service complaints constitute citizen dissatisfaction with police services for reasons other than complaints of officer misconduct.
• Service complaints include call response times, handling of civil matters, and discretionary call screening.
• Supervisors receiving service complaints document the complaint in Blue Team providing feedback on Department policy to citizens.
• Information Logs consist of complaints that don't violate policy.
• Documentation is forwarded to Internal Affairs using Blue Team.

Parties to a Complaint (Complainants)

• All complaints of alleged misconduct by sworn members, except those initiated by the Department, must identify a principal complainant from outside the Department.
• Complaints initiated from within the Department list the "Administration" as the complainant.
• Anonymous complaints may receive supervisory review and verification, with information logged in Blue Team and forwarded to Internal Affairs.

Complaint Processing

• The Department receives complaints from various sources.
• Members should ensure prompt and courteous responses or referrals to any complaint.
• Copies of complaints are entered into Blue Team by supervisory officers and forwarded for review/disposition.
• Initial receipt of a complaint is processed as follows:
  • A member who receives a complaint through personal contact shall direct the complainant to the subject officer's supervisor, or the nearest available supervisor.
  • For telephonic complaints, the member forwards the complainant to the subject officer's supervisor if available, or the Communications Unit Supervisor, who dispatches a supervisor.
  • Correspondence complaints are routed to the member's immediate supervisor, who will handle in accordance with this policy.

Complaint Investigation Responsibilities

• Individual officers must maintain confidentiality in the disciplinary process.
• Supervisory Officers
• The Chief of Police may allow the internal affairs unit, legal advisor and a San Antonio Police Officers' Association representative to attend the Chief's Complaint and Administrative Review Board meetings
• Supervisors who receive complaints from the Internal Affairs initiate action based on the type of complaints received.
• Supervisors handling line complaints contact/interview the complainant and subject officers.
• Supervisors evaluate information and address complaints requiring minor disciplinary action.
• Supervisors prepare reports on the complaint which includes information provided by complainants, including the methods in which complaints were addressed.
• Supervisors handle the complaint in accordance with this Procedure and forward the reports electronically through Blue Team to the officer's chain of command.
• Supervisors addressing formal complaints notify Section Commanders or Unit Directors of any potential criminal activity.
• Supervisors contact/interview complainants.
• Supervisors refer complainants to the Internal Affairs Unit to initiate formal complaints.
• Supervisors interview and get written reports from the subject officer and all witness officers.
• Supervisors get information to assist in evaluating the complaints.
• Supervisors prepare preliminary complaint investigations with the information provided by the complainants, the sworn members' reports, and the supervisors' reports.
• Supervisors do not make recommendations as to punishments.
• Supervisors enter the preliminary complaint investigation reports into Blue Team and forward through the chain of command.
• Supervisors submit discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment complaints to the Internal Affairs Unit within 24 hours, according to General Manual Procedure 918

Supervisors with complaints via Blue Team

• Supervisors who receive a formal complaint from another Unit follow the outlined procedure.
• Section Commanders/Unit Directors assign supervisory officers to investigate complaints.
• They review and evaluate the supervisor's recommendation, forwarding line complaint reports.
• With the Division Commander's concurrence, if complaint disposition results in a contemplated suspension, present SAPD Form 10 to the subject officer.
• They implement disciplinary action less than a suspension to the subject officer.
• Section commanders review and evaluate supervisors' preliminary complaint investigation reports, forwarding investigation reports. If receiving concurrence from the ranking officer on duty can temporarily relieve from duty a sworn member accused of serious misconduct or suspected criminal activity.
• They immediately notify the Division Commander and the Internal Affairs Unit of such action.

Division Commanders

• Division Commanders receiving complaints from Internal Affairs assign Section Commanders or Unit Directors using Blue Team.
• Division Commanders review line reports and recommendations, taking action based on the case which include requests for further investigations, concur with recommended disciplinary action and forward reports through Blue Team to the Deputy Chief of Staff.
• Division Commanders must request investigations under exigent circumstances.
• Division Commanders forward the formal complaint investigation reports through Blue Team to the Internal Affairs Unit.

Internal Affairs Unit

• The Internal Affairs Unit receives line complaint disposition reports and formal complaint investigation packets from Division Commanders.
• The Internal Affairs Unit investigates formal complaints of sworn member misconduct.
• The unit presents the findings to the Complaint and Administrative Review Board (CARB), sends Formal Complaint Notices to officers who become the subject of a formal complaint and sends Deactivation Notices to officers whose Formal Complaints have been dismissed for cause.
• Officers under investigation shall be informed 24-hours prior to being asked to respond to a investigation of the general nature of the investigation and shall be provided with sufficient information to be reasonably apprised of the allegations.
• Officers shall be allowed to review, but not copy verbatimor photocopy, any information as listed in the current Collective Bargaining Agreement.
• The officer cannot release the information to anyone other that their attorney or representative and can't reproduce the information.

Complainants

All complainants providing a signed, written, video or audio recorded statement are provided a personal only copy by an internal affairs staff but can obtain an additional copy can be obtained upon confirming the complainant's identity

Homicide Unit

Shall investigate police vehicle crashes and present findings to the Crash Evaluation and Review Board.

Police Legal Advisor

The Legal Advisor will review disciplinary cases by the Internal Affairs Unit prior to their submission and functions in an advisory capacity to the Chief's Complaint and Administrative Review Board and Crash Evaluation and Review Board.

Cheif Of Police

The Chief Shall review the Chief's Complaint and Administrative Review Board and Crash Evaluation and Review Board recommendations for discipline and implements action. or May implement, at their discretion, immediate action without the Chief's Complaint and Administrative Review Board participation and decide whether discipline should be implemented against a sworn member.

Complaint Interviews

• Interview Times shall be reasonable.
• Complainants shall be advised of the action against oral complaints and written notice shall be conducted by the office of internal affairs.
• Supervision shall conduct interviews with sworn members.
• Subordinates shall be documented
• A sworn member may want an accompanying officer.

Polygraph Usages

• The Department may see the polygraph as resource for investigating.
• The complainant must agree and the examiner must be licensed.
• Bias must be avoided.
• The Administrative Review Board and Chief of Police must use the results.

Complaint Documentation Retention

• Individual officers are allowed to maintain personal records regarding potential action against them with personally prepared documents.
• Supervisory officers only maintain the notes and any action must be sealed.

Corrective Action Implementation.

• Field Counseling- used for documenting any substandard performance in the field and is not considered to be disciplinary but used as support for measure and not necessarily as disciplinary and original will be kept in the officer's field file. Written Counseling/Reprimand- used for documenting the progressive of disciplinary action that the the department uses. A lieutenant must sign the written counseling and captain must sign the written reprimand.

Complaint and Administrative Review Board

• The Chief's Complaint and Administrative Review Board is the combined Citizen portion and Police portion. Citizen contains: Selected Members Members must hear cases involving the use of force, bodily injury, and unlawful search and seizure and must include 3 members for a quorum.

Police Portion of CCARB

• Police must vote regardless of the rank of the respondent and must not take part of the case.

CCARB Chairman

• Maintain the integrity of reviewing and ensures the case documents and rules are followed.

CCARB Member

• Maintains privacy and any bias.

CHEIF'S COMPLAINT AND ADMINISTRATIVE REVIEW BOARD PROCEDURES.

The chief reserves the right to exercise or scope of the process unless it doesn't exceed discretion.

• Chairman will discuss security and if respondent requires a reset, then will ask and then the internal affairs unit will outline for the questions by those on CCARB.
• The respondent can talk but can not grieve due to not receiving notice.
• The Board will then vote between a set list or ask for further or required.
• The board must state if allegation occurred or not.

CRASH EVALUATION AND REVIEW BOARD

• shall be consist of members and voted among the respondent with no prior suspensions.
• CERB representatives have the same responsibilities as Chief.

CITY VEHICLE ACCIDENT FINDINGS

• Must not exceed limitations- and the Homicide department must give.

This lesson covers law enforcement response protocols during disturbances. It outlines the initial actions officers must take, reporting procedures when a supervisor is unavailable, and supervisor responsibilities upon receiving reports. It also details the handling of reports and investigation coordination.