48 Questions
What is the procedure for witnesses who are unable to read or write?
The investigator will read the Perjury and Oath Acknowledgement and Confidentiality Notice forms audibly to the witness and note on the form that they were read to the witness.
What happens if a witness refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice?
The investigator will note on the form, 'Witness refused to sign,' and print the name of the witness on the form.
What is the purpose of the investigation report?
To summarize the complaint and the accusations of member misconduct.
What happens if the investigation determines that a violation did not occur?
The investigator may conclude the investigation without interviewing the accused member.
What is the purpose of the Internal Investigation Final Action Record?
To maintain a record of all completed internal affairs investigations.
What is the purpose of the Employee Interview Advice of Rights form?
To inform the accused member of their rights and responsibilities.
What happens if the investigation determines that a violation might have occurred?
The investigator will proceed with interviews of the accused member.
What is the purpose of the narrative section of the investigation report?
To contain the details of the investigation as they occurred in chronological order.
What is the role of the Officer in Charge of the Internal Affairs Unit?
To review the completed internal investigation file.
What is the purpose of the finding section of the investigation report?
To contain a statement regarding each accusation of misconduct.
When can the contents of the complaint and investigation be made public?
When the investigation ceases to be active or the agency has made a final determination
What is the penalty for willfully disclosing confidential information obtained during an internal investigation?
Penalties as provided by Florida law
What is the purpose of the I.A. Pro Computer Program?
To document and manage internal investigations
What does 'Exonerated' mean in the context of an internal investigation?
The officer's actions were lawful and/or proper
What is the purpose of a memorandum drafted by the person making a finding of Exonerated due to Policy Failure?
To request a review of the policy, procedure, rule, or regulation
What does 'Unsubstantiated' mean in the context of an internal investigation?
Sufficient credible evidence was lacking to prove or disprove the allegation
What is the purpose of the Statement of Complaint Form?
To initiate the internal investigation process
What is the definition of 'Misconduct' in the context of an internal investigation?
Any action or conduct that is in violation of ECSO Rules and Regulations
What is the purpose of the Internal Investigation Final Action Record?
To document the outcome of the investigation
What is the purpose of the Employee Interview Advice of Rights?
To inform the officer of their rights during the investigation
What is the primary responsibility of the Internal Affairs Unit?
To investigate complaints of member misconduct or wrongdoing
Who directs the Internal Affairs Unit to investigate a complaint?
The Sheriff or his designee
How are internal investigations assigned numbers?
Starting with 'I' then the year, followed by the chronological number
What is one of the types of complaints that the Internal Affairs Unit investigates?
Allegations of corruption and perjury
What is the first step an investigator takes when assigned a complaint?
Interview all witnesses
What is required of witnesses before commencing an interview?
They must be placed under oath and sign the Perjury and Oath Acknowledgement Form
What is the purpose of the Confidentiality Notice Form?
To ensure witnesses understand the confidentiality of the investigation
What is the final step in the investigation process?
Providing a finding based on the totality of the evidence to the Sheriff
What is the purpose of the interview in an internal investigation?
To answer questions about their official duties
What is the requirement for witnesses provided by the member?
They must be interviewed following established procedures
What type of examination may a member be required to submit to?
Medical or laboratory examination
What is the purpose of the affidavit in the internal investigation report?
To verify the accuracy of the investigation report
Under what circumstances may a member be required to submit to a polygraph test?
When required by statute
Who reviews the completed internal investigation file?
The Officer in Charge of the Internal Affairs Unit
What happens to evidence provided by the member or discovered during the investigation?
It is maintained in the investigative case file
What happens to the internal investigation case file after approval?
It is securely maintained in the Internal Affairs Unit
Under what circumstances may a supervisor relieve a member from duty?
Only by order of the Sheriff or in compliance with General Order 403
What is completed on all internal affairs investigative case files?
An internal investigation final action record
What is the purpose of the internal investigation report?
To document the investigation process
What is submitted to the Florida Department of Law Enforcement when an allegation is sustained?
A CJSTC Form 78
Who is notified in writing of the investigative finding and disposition?
The accused member and the complainant (if other than the Sheriff)
What is included in the header of the internal investigation report?
The IA Pro number and date of complaint
What happens when a complaint alleges member misconduct that would be a violation of state, federal, or local law or ordinance?
The Internal Affairs Unit notifies the Sheriff or his designee
What is the meaning of an 'Exonerated due to Policy Failure' finding?
The policy was inadequate or non-existent
What happens if a criminal investigation is not directed?
The complaint is referred to the Internal Affairs Unit for a preliminary investigation
What is required for the investigative report to be valid?
It must be executed and sworn before a notary public
What happens if evidence of criminal wrongdoing arises from an internal investigation?
The internal investigation ceases and a memorandum is sent to the State Attorney
What is the purpose of the confidentiality provision in the internal affairs investigation?
To maintain the confidentiality of the investigation
Study Notes
Policy and Procedure
- The Escambia County Sheriff's Office accepts and investigates all complaints by citizens alleging member misconduct or wrongdoing.
- The Internal Affairs Unit is responsible for investigating complaints as directed by the Sheriff.
- The Unit will thoroughly investigate each assigned complaint and provide a finding based on the totality of the evidence.
Investigation Authorization
- The Internal Affairs Unit OIC or designee receives an order from the Sheriff or designee to direct an internal investigation.
- The complaint will be logged in the I.A.Pro Computer Program and assigned an investigation number starting with "I" followed by the year and chronological number.
Types of Complaints
- The Internal Affairs Unit will conduct investigations into:
- Incidents requiring lengthy, time-consuming, or multiple division investigations.
- Allegations of corruption and perjury.
- Gross misconduct.
- Violations of civil rights.
- Sexual harassment.
- Any matter assigned by the Sheriff.
Investigation Procedures
- The investigator will:
- Interview all witnesses, who will be placed under oath and read the Perjury and Oath Acknowledgement Form and Confidentiality Notice Form.
- Obtain written or recorded statements from witnesses.
- Determine if a violation occurred or did not occur based on the facts of the investigation.
- If a violation did not occur, the investigator may conclude the investigation without interviewing the accused member.
- If a violation might have occurred, the investigator will proceed with interviews of the accused member(s) as set forth by Florida Statutes.
Investigation Report
- The report will include:
- A summary of the complaint and accusations.
- A narrative of the investigation in chronological order.
- A finding, including a statement regarding each accusation of misconduct.
- The report will be reviewed by the OIC of the Internal Affairs Unit and provided to the Sheriff for review and approval.
Final Action
- A final action report will be made, and the file will be securely maintained in the Internal Affairs Unit.
- The accused member will be notified via interoffice memorandum of the investigative finding.
- An Internal Investigation Final Action Record will be completed on all completed Internal Affairs investigative case files.
Confidentiality
- Complaints filed against law enforcement officers will remain confidential until the employing agency makes a final determination.
- The complaint and information will be available to law enforcement agencies, correctional agencies, and state attorneys in the conduct of a lawful criminal investigation.
Definitions
- EXONERATED: An incident occurred, but the employee's actions were lawful and/or proper.
- EXONERATED DUE TO POLICY FAILURE: A finding or conclusion that a present policy, procedure, rule, or regulation covering the situation was non-existent or inadequate.
- INTERNAL INVESTIGATION: An investigation of a complaint, which has been directed by the Sheriff, alleging member misconduct or wrongdoing.
- SUSTAINED: A finding or conclusion that an allegation is supported by a preponderance of evidence.
- UNFOUNDED: The allegation was demonstrably false or there is no credible evidence to support the complaint.
- UNSUBSTANTIATED: A finding or conclusion that sufficient credible evidence was lacking to prove or disprove the allegation.
This quiz covers the policy and procedure of the Escambia County Sheriff's Office regarding internal affairs investigations, including complaint acceptance and investigation processes.
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