9.5.pdf

SHERIFF’S POLICY MANUAL 9.5 INTERNAL AFFAIRS: BSO is accountable to the public we serve. BSO expects that our employees operate within the confines of federal, state, and local laws as well as the Sheriff’s Policy Manual and various standard operating...

SHERIFF’S POLICY MANUAL 9.5 INTERNAL AFFAIRS: BSO is accountable to the public we serve. BSO expects that our employees operate within the confines of federal, state, and local laws as well as the Sheriff’s Policy Manual and various standard operating procedures. The Internal Affairs Division will ensure that complaints are documented and investigated thoroughly and objectively. 9.5.1 Internal Affairs Functions: A. Internal Affair's primary function is receiving, processing, supervising, and managing investigations of employees. B. Internal Affairs coordinates and exercises staff supervision and review on behalf of the Sheriff over disciplinary matters involving employees alleged or suspected of committing violations of statutes, ordinances, directives, or rules. [FCAC 4.15] C. Internal Affairs will review all investigations including those conducted by a district or division to ensure misconduct allegations made against employees are thoroughly and objectively investigated. [FCAC 4.15] D. Internal Affairs will maintain objectivity regarding their investigations. E. Internal Affairs may conduct other investigations at the direction of the Sheriff. F. Internal Affairs will complete the following annual reports/administrative reviews and submit them to the Department of Professional Standards Executive Director: 1. Statistical summaries of internal affairs investigations (This report will be available to the public and agency employees upon approval.) [CALEA-C 1.4.11, CALEA-C 3.4.7] 2. Practices regarding bias-based profiling, to include reported citizen complaints and concerns (This report will be available to the public and agency employees upon approval.) 3. Early Intervention Program Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 1 of 10  SHERIFF’S POLICY MANUAL 9.5.2 Internal Affairs Responsibilities: A. Internal Affairs investigates allegations of employee misconduct including, but not limited to: [CALEA-C 1.4.1, CFA 27.01, FCAC 4.15] 1. Policy and procedures violations 2. Commission of a crime 3. Immoral conduct 4. Acceptance of bribes or other illegal compensation 5. Prisoner escapes 6. Malfeasance 7. Nonfeasance on duty 8. Excessive use of force 9. Unauthorized release of confidential information 10. Official misconduct 11. Firearms discharges 12. In-custody deaths 13. Domestic violence B. Upon direction from the Executive Director, Department of Professional Standards or designee, Internal Affairs will assist in employee investigations requested by command staff. In all areas of question on employee misconduct investigations, the Executive Director, Department of Professional Standards or designee will have final authority in deciding the case assignment. C. Equal Employment Opportunity Division (EEO) will evaluate all EEO complaints and if misconduct is suspected, the Internal Affairs Division will be notified. Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 2 of 10  SHERIFF’S POLICY MANUAL D. Upon notification, Internal Affairs investigators will respond to incidents where the following occur: 1. An employee is seriously assaulted, critically injured, shot, or dies while on duty 2. An employee has seriously injured or shot a person 3. A person is seriously injured or shot while in a deputy's custody 4. A firearm is discharged by an employee resulting in injury or damage to property 5. A person dies in an employee's custody 6. An employee is arrested E. Immediate responses will be limited to Broward, Miami-Dade, and Palm Beach Counties unless approved by the Internal Affairs Captain. 9.5.3 District/Division Command Staff Investigations: [CALEA-C 1.4.1, FCAC 4.15] A. At the direction of Internal Affairs, district/division command staff may be responsible for investigating the following misconduct violations: 1. Policy and procedures violations 2. Noncriminal conduct 3. Discourtesy 4. Employee harassment 5. Category I Infractions (See SPM 9.1 and SPM 9.4) Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 3 of 10  SHERIFF’S POLICY MANUAL 9.5.4 Statement Procedure: A. Procedures for taking statements from employees will be in accordance with the rights and privileges specified in Florida Statutes, applicable bargaining unit agreements, or other laws. B. Employees may be invited to provide a voluntary sworn statement to help bring the process to a prompt conclusion. C. Employees accused of misconduct leading to discipline involving standards of conduct may be required to provide a compelled statement, upon direction from the employee’s commander or Internal Affairs. The commander must first consult with the Captain of Internal Affairs or designee. D. An employee may make a proffer, through the employee’s representative, to provide information or evidence in the investigation. The Captain of Internal Affairs (or designee) will determine if the proffer will be accepted and its use in the investigation. E. A case may be closed with no statement being taken from the employee. This will be done at the discretion of the Captain of Internal Affairs (or designee). F. This does not preclude an employee from providing information or evidence during the pre-disciplinary hearing. 9.5.5 Restricted Administrative Assignment: A. Employees becoming a primary suspect or co-conspirator of a felony, misdemeanor, or serious violation of policy and procedures may be immediately placed on restricted administrative assignment by their command or the Internal Affairs investigator with the approval of the Internal Affairs Captain. During restricted administrative assignment, employees may: [CALEA-C 1.4.8] 1. Be assigned by the Internal Affairs Captain or designee, in consultation with the employee’s affected department executive director, or designee, to an office-type assignment anywhere in BSO. This applies to all BSO employees. Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 4 of 10  SHERIFF’S POLICY MANUAL 2. Immediately surrender their BSO ID Cards, badges, BSO-loaned weapons, and symbols of authority to Internal Affairs or a command-level position in the district/division 3. Be precluded from driving BSO vehicles 4. Be excluded from any overtime/extra duty assignment, Special Details program or activity, being a BSO representative, or performing acts requiring a deputy's presence. 5. Not take any law enforcement action (e.g., arrest, use of force, weapons) 6. Be prohibited from entering any BSO facility except where assigned, without the approval of Internal Affairs B. The investigation progress will be periodically reviewed. If the investigative or complaint review process clears the employee, prompt return to an unrestricted assignment will commence as soon as possible. 9.5.6 Administrative Investigative Leave : A. If an employee becomes a primary suspect or co-conspirator of a felony, misdemeanor, or serious violation of policy and procedures and it is determined to be in the best interest of BSO, the Executive Director, Department of Professional Standards or designee may place the employee on Administrative Investigative Leave with pay. B. If the employee is indicted or an information is filed by the prosecuting authority, or exigent circumstances arise, the employee may be placed on Administrative Investigative Leave without pay by the Executive Director, Department of Professional Standards or designee, pending criminal and/or administrative processes. C. If an employee is involved in an action that could be considered egregious, or under exigent circumstances, that employee may be immediately terminated. Such an extreme action must be taken in the best interest of the Broward Sheriff’s Office and may only be exercised by a Department Executive Director or designee, with approval from the Sheriff. The Executive Director, Department of Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 5 of 10  SHERIFF’S POLICY MANUAL Professional Standards will be notified and Internal Affairs will conduct the investigation, according to existing BSO policy. D. Employees on Administrative Investigative Leave with or without pay will: 1. Immediately surrender their BSO ID Cards, badges, BSO-loaned weapons, and BSO vehicles to Internal Affairs or a command-level position in the district/division. 2. Not display any BSO ID Card, badge, or BSO property during the investigation until further notice by the Executive Director, Department of Professional Standards. 3. Take no action under BSO colors. 4. Be prohibited from entering any BSO facility or onto any BSO property unless directed to or authorized by Internal Affairs. E. Employees' Schedule during Administrative Investigative Leave With Pay: Employees will be considered working Monday - Friday, from 9:00am to 5:00pm and must call Internal Affairs twice (am and pm) each working day to inquire if there are any specific instructions from the investigator that day. Call-in times will be: 1. Between 10:00am and 10:30am 2. Between 2:00pm and 2:30pm F. Employees on Administrative Investigative Leave with pay failing to call during designated times will be deemed absent without leave (AWOL) and may not be paid for part or all of the day. Note: AWOL employees may be subject to disciplinary action. G. Employees on Administrative Investigative Leave with pay may be required to physically report in during their work days (e.g., report to Internal Affairs) unless on approved leave. These employees must physically report in within a maximum of two (2) hours from notification. Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 6 of 10  SHERIFF’S POLICY MANUAL H. Internal Affairs may excuse employees on Administrative Investigative Leave with pay from calling in if they are on approved leave or have physically reported in. These employees will not be subject to disciplinary action or no-pay status. 9.5.7 Common Investigative Procedures: A. Upon the Sheriff or designee's order, employees will cooperate in all lawful and common investigative processes, which may include but not limited to, medical exams, laboratory tests, fingerprints, photographs, line-ups, breathalyzer tests, etc. [CALEA-C 1.4.7] B. No employee shall be compelled to submit to a polygraph or other truth measuring device. However, there shall be no restrictions on the right of an employee to submit to such device on a voluntary basis. [CALEA-C 1.4.7] C. Information or evidence gained from these tests or procedures may not be used in criminal proceedings against employees unless they were afforded their full constitutional rights. 9.5.8 Professional Counseling: A. If situations reach proportions beyond supervisors' normal counseling skills, they may recommend their employee be referred for professional counseling. B. Counseling can be voluntary, command recommended, or command directed and will be coordinated with the Employee Assistance Program (EAP). 9.5.9 Financial Disclosure Statement: A. Upon the Sheriff or designee's order, employees will submit a personal financial disclosure statement if the examination of the document is specifically directed and focused on their employment or particular investigation being conducted regarding their fitness for continued employment. [CALEA-C 9.5.9] B. Information or evidence gained from a disclosure statement will not be used against employees in criminal proceedings unless they were afforded their full constitutional rights. Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 7 of 10  SHERIFF’S POLICY MANUAL 9.5.10 Investigation Recommendations: A. All Internal Affairs investigations will conclude with one of the following findings: 1. Sustained: Evidence sufficient to prove allegations. 2. Not Sustained: Insufficient evidence available to prove or disprove allegations. 3. Exonerated: Alleged actions occurred but were lawful and proper. 4. Unfounded: Allegations are false or not supported by facts. 5. No further Action: Review of an incident subject to Internal Affairs investigation, and no policy allegation is identified. 6. Defer Case for More Information: Used if PSC determines there is insufficient evidence to render a decision. [CALEA-C 1.4.9] B. Any disciplinary action will be in accordance with this chapter. 9.5.11 Monitoring Other BSO Investigations: A. Internal Affairs investigators will be responsible for monitoring investigations involving employees that are conducted by other commands. The purpose of monitoring these investigations is to ensure a complete, thorough, and objective investigation. B. Internal Affairs investigators will contact the command’s lead investigator to determine any employee involvement. C. Pre-interviews of on-scene deputies will be conducted by the commands as a fact finding mission. At this point, Internal Affairs investigators will not be present or engage in pre-interviews. D. When investigations proceed to formal statements, no further off-the-record pre- interviews will be conducted with subject employees. Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 8 of 10  SHERIFF’S POLICY MANUAL E. Lead investigators will advise Internal Affairs investigators if there are any indications of criminal conduct before taking voluntary statements from subject employees. F. Internal Affairs investigators will not monitor the taking of voluntary statements from subject employees if conducted by a command investigator pursuant to a criminal investigation without prior approval from the Internal Affairs Captain or designee. G. Internal Affairs investigators may be permitted to monitor all witness statements. The Internal Affairs investigator may interject questions during non-employee witness statements as authorized by the lead investigator if certain administrative issues or offenses are not addressed by the command’s investigator. H. If another agency or BSO component is conducting a criminal investigation of an employee and an Internal Affairs investigator is present during the taking of the statement, the employee and witnesses will be advised (on record) by stating: ”Investigator (name) of Internal Affairs is present during this statement only to monitor the course and progress of this investigation. This is not an administrative or an Internal Affairs statement and you are not compelled by Internal Affairs or BSO to give a formal statement.” I. If a discrepancy is noted during an investigation, Internal Affairs investigators will immediately notify the lead investigator and/or Internal Affairs supervisor to resolve the discrepancy. J. It is not the Internal Affairs investigator's responsibility to act as a supervisor for a command. K. Internal Affairs will conduct the administrative portion of the investigation if any Sheriff’s Policy Manual violation is revealed during a monitored investigation. Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 9 of 10  SHERIFF’S POLICY MANUAL Reviewed: 11/28/2022 Revised: 04/27/2023 Rescinds: 05/21/2018 Effective: 05/20/2023 9.5 Page 10 of 10