Law Enforcement Misconduct Investigations
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Questions and Answers

Who has the authority to initiate a formal misconduct investigation?

  • Only Major or above, with the exception of the IA sergeant (correct)
  • Only the Sheriff's Legal Counsel
  • Any sworn employee
  • The affected District/Division Commander

    • What is the time limit for completing a misconduct investigation?

  • 60 days
  • 90 days
  • 30 days
  • 45 days (correct)

    • Who selects the initial two members of the Complaint Review Board?

  • The Chief Legal Counsel
  • The Sheriff or designee
  • The affected deputy (correct)
  • The Department Commander

    • What type of leave can be used in lieu of suspension, at the Sheriff's discretion?

    <p>Annual leave, holiday, or comp time</p> Signup and view all the answers

    Who is not eligible to be nominated or selected as a member of the Complaint Review Board?

    <p>A supervisor or subordinate in the affected deputy's chain of command</p> Signup and view all the answers

    What is the notice period prior to a Pre-disciplinary hearing?

    <p>5 days</p> Signup and view all the answers

    What is the maximum duration of administrative leave with pay?

    <p>10 working days</p> Signup and view all the answers

    Which of the following is not a characteristic of the Complaint Review Board proceedings?

    <p>The proceedings are open to the public</p> Signup and view all the answers

    Who serves as the board chairperson in the Disciplinary Review Board?

    <p>A Department Commander</p> Signup and view all the answers

    What is the composition of the Complaint Review Board?

    <p>5 members</p> Signup and view all the answers

    How long does a deputy have to request an appeal to the Sheriff after the Disciplinary Review Board's decision has been rendered?

    <p>Two days</p> Signup and view all the answers

    What type of complaints are automatically investigated by Internal Affairs?

    <p>Complaints about corruption, perjury, or excessive use of force</p> Signup and view all the answers

    Can a polygraph be forced on a deputy during an investigation?

    <p>No, the deputy cannot be forced to take a polygraph</p> Signup and view all the answers

    What is the purpose of the inter-office memorandum issued by the deputy appealing the decision to the Sheriff?

    <p>To state the specific issues to be addressed</p> Signup and view all the answers

    What happens to a deputy's badge, agency-issued firearm, credentials, and Sheriff's Office vehicle when they receive a 14-day or greater suspension?

    <p>They are confiscated by the Supervisor</p> Signup and view all the answers

    What is the purpose of the Disciplinary Review Board Chairperson calling the complaint investigator or other persons?

    <p>To present pertinent testimony to the matter under review</p> Signup and view all the answers

    A deputy who has been placed on administrative leave with pay may use accrued leave in lieu of suspension.

    <p>True</p> Signup and view all the answers

    A deputy has the right to force a polygraph during an investigation.

    <p>False</p> Signup and view all the answers

    The Complaint Review Board consists of three members.

    <p>False</p> Signup and view all the answers

    All complaints alleging criminal misconduct are automatically investigated by Internal Affairs.

    <p>True</p> Signup and view all the answers

    A deputy may use sick time in lieu of suspension.

    <p>False</p> Signup and view all the answers

    The Complaint Review Board Hearing must be scheduled within five days of the Pre-disciplinary hearing.

    <p>True</p> Signup and view all the answers

    A deputy who does not attend the Pre-disciplinary hearing may still appeal to the DRB.

    <p>False</p> Signup and view all the answers

    Investigations can be extended to exceed the 180-day investigation period.

    <p>False</p> Signup and view all the answers

    A deputy who is a witness can be selected as a member of the Complaint Review Board.

    <p>False</p> Signup and view all the answers

    Complaint Review Board proceedings can be audio or video recorded.

    <p>False</p> Signup and view all the answers

    The Disciplinary Review Board consists of the Sheriff and the affected deputy.

    <p>False</p> Signup and view all the answers

    A request to appeal to the Sheriff must be made within seven days to the Sheriff's Executive Assistant after the Disciplinary Review Board's decision has been rendered.

    <p>False</p> Signup and view all the answers

    A deputy appealing the decision must issue a formal complaint to the Sheriff within five days of the Disciplinary Review Board's decision.

    <p>False</p> Signup and view all the answers

    Supervisors take possession of badge(s), agency-issued firearm(s), and credentials from personnel who receive a 7-day suspension.

    <p>False</p> Signup and view all the answers

    The Disciplinary Review Board Chairperson can call the complaint investigator or other persons to present irrelevant testimony to the matter under review.

    <p>False</p> Signup and view all the answers

    The Pre-disciplinary hearing is not recorded.

    <p>False</p> Signup and view all the answers

    Study Notes

    Sworn Employee Misconduct Investigation

    • Only Majors or above (excluding IA sergeants) can initiate a formal misconduct investigation, with the authorization date serving as the start of the 180-day investigation period.
    • Investigations must be completed within 45 days.
    • The Sheriff's Legal Counsel must review disciplinary recommendations that could result in suspension of 30 days or more, demotion, or dismissal before scheduling a pre-disciplinary hearing.

    Pre-Disciplinary Hearing and Suspension

    • Accused employees can be placed on administrative leave with pay for up to 10 working days, extendable to 30 calendar days.
    • A 5-day notice is given prior to the pre-disciplinary hearing.
    • Accrued leave can be used in lieu of suspension at the Sheriff's discretion, but sick time or donated comp time cannot be used.
    • Failure to attend the pre-disciplinary hearing means the employee cannot appeal to the Disciplinary Review Board (DRB).

    Internal Affairs Investigations

    • Automatically investigated by Internal Affairs:
      • Complaints alleging corruption, perjury, violation of civil rights, sexual harassment, and excessive use of force.
      • Matters requiring Confidential Investigations.
      • Time-consuming investigations that would be impractical for division/district personnel to complete in a timely manner.
      • Incidents involving persons from more than one division or district.
      • Complaints alleging criminal misconduct.

    Complaint Review Board

    • The Complaint Review Board consists of five members: two selected by the affected deputy, two by the Sheriff or designee, and a fifth member chosen by mutual agreement.
    • Members with a conflict of interest (e.g., witnesses, supervisors, or subordinates) cannot be nominated or selected for the Complaint Review Board.
    • The Complaint Review Board hearing is not recorded, but the pre-disciplinary hearing is.

    Disciplinary Review Board

    • The Disciplinary Review Board consists of:
      • A Department Commander as board chairperson.
      • The Commanders of the remaining Departments.
      • Chief Legal Counsel or their representative.
      • The District/Division Commander of the person under review.
      • A representative from the Professional Standards Section (advisory capacity).
    • The Board Chairperson may call the complaint investigator or other witnesses to present testimony.
    • The DRB interview is recorded.

    Appeal to Sheriff

    • A request to appeal to the Sheriff must be made within two days to the Sheriff's Executive Assistant after the Disciplinary Review Board's decision.
    • The appealing deputy must issue an inter-office memorandum to the Sheriff, via the Disciplinary Review Board Chairperson, stating the specific issues to be addressed within five days of the DRB's decision.

    Suspension and Property

    • Supervisors must take possession of badges, agency-issued firearms, credentials, and Sheriff's Office vehicles from personnel who receive a 14-day or greater suspension.

    Sworn Employee Misconduct Investigation

    • Only Majors or above (excluding IA sergeants) can initiate a formal misconduct investigation, with the authorization date serving as the start of the 180-day investigation period.
    • Investigations must be completed within 45 days.
    • The Sheriff's Legal Counsel must review disciplinary recommendations that could result in suspension of 30 days or more, demotion, or dismissal before scheduling a pre-disciplinary hearing.

    Pre-Disciplinary Hearing and Suspension

    • Accused employees can be placed on administrative leave with pay for up to 10 working days, extendable to 30 calendar days.
    • A 5-day notice is given prior to the pre-disciplinary hearing.
    • Accrued leave can be used in lieu of suspension at the Sheriff's discretion, but sick time or donated comp time cannot be used.
    • Failure to attend the pre-disciplinary hearing means the employee cannot appeal to the Disciplinary Review Board (DRB).

    Internal Affairs Investigations

    • Automatically investigated by Internal Affairs:
      • Complaints alleging corruption, perjury, violation of civil rights, sexual harassment, and excessive use of force.
      • Matters requiring Confidential Investigations.
      • Time-consuming investigations that would be impractical for division/district personnel to complete in a timely manner.
      • Incidents involving persons from more than one division or district.
      • Complaints alleging criminal misconduct.

    Complaint Review Board

    • The Complaint Review Board consists of five members: two selected by the affected deputy, two by the Sheriff or designee, and a fifth member chosen by mutual agreement.
    • Members with a conflict of interest (e.g., witnesses, supervisors, or subordinates) cannot be nominated or selected for the Complaint Review Board.
    • The Complaint Review Board hearing is not recorded, but the pre-disciplinary hearing is.

    Disciplinary Review Board

    • The Disciplinary Review Board consists of:
      • A Department Commander as board chairperson.
      • The Commanders of the remaining Departments.
      • Chief Legal Counsel or their representative.
      • The District/Division Commander of the person under review.
      • A representative from the Professional Standards Section (advisory capacity).
    • The Board Chairperson may call the complaint investigator or other witnesses to present testimony.
    • The DRB interview is recorded.

    Appeal to Sheriff

    • A request to appeal to the Sheriff must be made within two days to the Sheriff's Executive Assistant after the Disciplinary Review Board's decision.
    • The appealing deputy must issue an inter-office memorandum to the Sheriff, via the Disciplinary Review Board Chairperson, stating the specific issues to be addressed within five days of the DRB's decision.

    Suspension and Property

    • Supervisors must take possession of badges, agency-issued firearms, credentials, and Sheriff's Office vehicles from personnel who receive a 14-day or greater suspension.

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    Description

    This quiz covers the procedures for sworn employee misconduct investigations, including initiation, timelines, and review processes.

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