Law Enforcement Misconduct Investigations

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.