Omaha Police Department Internal Affairs Investigations PDF

PROFESSIONAL OVERSIGHT – INTERNAL AFFAIRS INVESTIGATIONS POLICY: It is the policy of the Omaha Police Department (OPD) to notify the Chief of Police, via the Professional Oversight Bureau (POB) Deputy Chief, of internal issues and citizen (aka civilian) complaints. All complaints against the OPD o...

PROFESSIONAL OVERSIGHT – INTERNAL AFFAIRS INVESTIGATIONS POLICY: It is the policy of the Omaha Police Department (OPD) to notify the Chief of Police, via the Professional Oversight Bureau (POB) Deputy Chief, of internal issues and citizen (aka civilian) complaints. All complaints against the OPD or its employees, which may include anonymous complaints, will be thoroughly and impartially investigated in accordance with state and local laws and applicable collective bargaining agreement (CBA) provisions. The OPD Internal Affairs Unit (IAU) shall maintain and protect the confidentiality and security of the OPD IAU investigation files. PROCEDURE: I. General A. The POB Deputy Chief is responsible for overseeing the Internal Affairs function and reports directly to the Chief of Police. 1. In the absence of the POB Deputy Chief, or in the case of a potential or perceived conflict of interest, the Chief of Police may appoint an alternate designee. B. IAU records shall be maintained in a secure area with access limited only to personnel authorized by the POB Deputy Chief, Chief of Police, or Chief’s designee. C. IAU investigation files are confidential and shall NOT be made available to and/or reviewed, copied, or distributed by employees who are not assigned to the IAU or POB without the approval of the POB Deputy Chief, Chief of Police, or Chief’s alternate designee. 1. Only employees assigned to the IAU or POB shall be permitted to copy and/or distribute IAU reports, documents, etc. 2. Deputy Chiefs who are approved by the POB Deputy Chief, Chief of Police, or Chief’s designee to review an IAU file may do so outside of the IAU office area. a. If/When the POB Deputy Chief, Chief of Police, or Chief’s alternate designee approves a Bureau Deputy Chief to review IAU documents, the documents shall be forwarded/provided to the Deputy Chief in a manner that maintains confidentiality. 3. Employees below the rank of Deputy Chief who are approved by the POB Deputy Chief, Chief of Police, or Chief’s alternate designee to review an IAU file shall review the file only within the IAU office area. EXCEPTION: Investigating supervisors may be shown or receive copies of Internal Information Reports or other IAU documents. D. The IAU shall maintain confidential records of all complaints against OPD employees and the Department, for a period of ten (10) years. E. During an Internal Investigation or civilian complaint investigation, employees may be required to turn over any property, City-owned or personal, considered evidence related to the investigation. F. OPD employees shall be required to submit to tests or examinations deemed necessary to resolve an issue or allegation when those tests or examinations are material to a particular IAU investigation. These may include, but are not limited to, the following:  1. Submission to a medical or laboratory examination, at the Department’s expense, when specifically directed and narrowly related to a particular IAU investigation (i.e., requiring a drug test to determine drug use by an employee). 2. Photographing and/or video and audio recording the employee. 3. Participation in a line-up. 4. Submitting a financial disclosure statement. 5. Submission to a polygraph examination. NOTE: Non-sworn employees may be requested to submit to a polygraph examination depending on their assignment and classification. II. Internal Affairs Unit Investigators A. Investigators assigned to the IAU shall investigate civilian/citizen complaints and conduct Internal Investigations assigned by the IAU Lieutenant, POB Deputy Chief, or other designee of the Chief of Police. B. Investigators shall conduct impartial investigations of allegations brought forth in an expedient manner. C. Investigators will make every effort to identify facts pertinent to the case, utilizing numerous sources of information and correspondence. D. Investigators shall conduct interviews with witnesses and employees who are the subject of inquiry. E. All IAU investigations shall be conducted in accordance with the applicable CBA’s. III. Internal Investigations A. In situations where information is brought to the attention of the POB Deputy Chief, Chief of Police, or Chief’s alternate designee that an employee may have violated a provision of the OPD Policies and Procedures Manual (PPM), the employee’s respective CBA, federal law, state statute, or City ordinance, the Chief of Police or Chief’s alternate designee has authority to order an Internal Investigation. 1. Complaints that appear legitimate and involve allegations of criminal activity, corruption, theft, or severe violations of the OPD PPM shall be brought to the attention of the Chief of Police at the earliest feasible opportunity via phone call, text, or verbally. An Internal Information Report shall also be completed at a later time to document the complaint. 2. Other internal affairs matters and/or complaints against the agency or its employees may be brought to the attention of the POB Deputy Chief or Chief’s alternate designee via an Internal Information Report. The Chief of Police will be notified of these types of complaints against the agency by the POB Deputy Chief or Chief’s alternate designee via email, phone call, or synopsis during the Chief’s Briefing meeting(s). 3. The Chief of Police or Chief’s alternate designee will forward written authorization to the IAU to conduct the investigation.  B. If loss of life or life-threatening bodily injury occurs as a result of actions by an OPD employee, the IAU shall conduct an administrative review of the incident. C. Less serious internal issues are often identified and brought to the attention of the POB Deputy Chief, Chief of Police, or Chief’s alternate designee and are subsequently handled as a Line Investigation. The following are examples of issues that may be referred to an employee’s command staff, at the discretion of the Chief of Police or Chief’s designee, for handling at the bureau level. This list is not intended to be all-inclusive, but represents a majority of the types of cases referred: 1. Complaints of rudeness. 2. Absence without leave (AWOL). 3. Policy violations. 4. Errors in reporting guidelines. 5. Incorrect court dates on citations. 6. Failure to attend court. 7. Failure to follow court cancellation procedures. 8. Failure to attend training. NOTE: These types of issues, referred to as “line investigations,” will be investigated per the guidelines outlined in the applicable CBA. D. Due to the confidentiality of Internal Investigations, the initial complainant will not receive notification regarding the outcome of the investigation if that individual is below the rank of Captain. IV. Citizen (aka Civilian) Complaints A. The IAU shall oversee the investigation of citizen (aka civilian) complaints. 1. A copy of pending citizen’s complaints shall be forwarded to the IAU for review. 2. IAU shall honor requests for records, reports, and investigation activities, in accordance with the City of Omaha Municipal Code. B. Members of the public who wish to file formal complaints against officers or non-sworn employees will complete a Civilian Complaint Against an Officer/Employee Form (OPD Form 80). C. Members of the public may obtain a copy of OPD Form 80 at one of several locations: 1. Mayor’s Office. 2. All Omaha Public Libraries. 3. Police Precinct Stations. 4. On-line at the OPD website, https://police.cityofomaha.org/  D. Members of the public do NOT have to give their name or identification to obtain OPD Form 80. E. Upon completion of OPD Form 80, complainants will contact the IAU and advise they are ready to formalize their complaint. F. IAU personnel shall enter the pending complaint into IA Pro. 1. The IAU command officer shall issue an Internal Information (II) number to each complaint and assign the case to an IAU investigator for follow-up. a. The IAU command officer will maintain a case log listing the Internal Information number, investigator’s name, investigation deadlines, employee’s name(s), and allegations. 2. The assigned IAU investigator shall schedule an interview with the complainant. a. The complainant will provide their name, address, and phone number, as requested on the complaint form. b. The complainant will sign the complaint form in the presence of the IAU investigator. c. The IAU investigator shall provide the complainant with a photocopy of the formal complaint form for the complainant’s records and to verify that the complaint was received. 3. If the complainant chooses not to formalize their complaint, the IAU investigator shall follow-up as described in the IA Unit manual. G. A copy of the signed citizen’s complaint is available to the officer to whom the complaint is directed. H. The investigator shall contact the complainant to notify them of the status of the case within fifty (50) days from the date of OPD’s receipt of the complaint. I. If the investigator does not expect the case to be completed within 100 days from the date of OPD’s receipt of the complaint, the investigator shall contact the complainant to notify them of the case status. J. The complainant shall be notified of the investigation’s conclusion of fact by a letter from the POB Deputy Chief, Chief of Police, or Chief’s alternate designee once the investigation is completed, as described in this policy. NOTE: The Mayor’s Citizen Complaint Review Board is responsible for reviewing all citizen (aka civilian) complaints. V. Investigation Time Limits A. Time periods related to investigations regarding complaints against sworn employees are governed by the respective CBA. 1. Alleged criminal acts by sworn officers shall be given top priority and investigated in the same manner as any other allegation. 2. Time limitations do not apply in criminal actions/investigations.  B. Internal Investigations, Line Investigations, and Citizen (aka civilian) Complaints involving non- sworn employees shall be coordinated directly with the Labor Relations Director and are governed by the respective non-sworn CBA. However, in most circumstances, the discipline should be issued within fifteen (15) business days of the event unless the employee is subject to termination or waives the time period. C. Non-sworn employees shall receive a reasonable amount of time to enable them to obtain legal or collective bargaining unit representation prior to any interview that may lead to disciplinary action. D. If OPD receives a complaint about officer misconduct that could constitute grounds for revocation or suspension of a law enforcement officer’s certification as outlined in state law, an investigation will move forward. This change in state law does not in any way negate the 100 day timeline for the imposition of discipline which exists in the CBA. 1. The Police Department, regardless of the time limitation for the imposition of discipline in the CBA, is required to complete an investigation within 100 days of the complaint and to report the results of the investigation to the Executive Director of the Nebraska Commission on Law Enforcement and Criminal Justice (i.e., Nebraska Crime Commission). VI. Case Findings and Conclusions of Fact A. Upon completion of an Internal Investigation or civilian/citizen complaint investigation, the case file, including the findings of facts, and investigator’s summary shall be forwarded to the IAU commander for review. No conclusions of fact are made at this time. B. After the IAU Commander reviews the case file and findings of facts, they shall prepare a summary document detailing any applicable policy violations and present the summary to the POB Deputy Chief or Chief’s alternate designee. 1. The Chief of Police or Chief’s designee will review the case file and make a final determination regarding a conclusion of fact regarding each allegation. Conclusions of fact include the following: a. Unfounded – false allegation. b. Exonerated – incident occurred but was lawful and proper. c. Not-Sustained – not enough evidence to prove or disprove. d. Sustained – enough evidence to believe the allegation is true. e. Policy Failure – the incident may or may not have occurred, but the investigation disclosed faulty practices, policies, and/or procedures. f. Court Issue/No Conclusion of Fact – issue decided by the judicial system. 2. In Internal Investigations cases, employees shall receive correspondence from the Chief of Police or designee informing the employee of the results of the Internal Investigation. a. A copy will be forwarded to the employee’s supervisor. b. If the allegations are unfounded, not-sustained, or the employee is exonerated, the employee shall receive a letter stating such.  c. If the allegations are sustained, the employee will receive notice of disciplinary action. 3. In Citizen (aka Civilian) Complaints cases: a. The POB Deputy Chief, Chief of Police, or Chief’s alternate designee will notify the IAU Commander of the conclusion(s) of fact. b. The IAU commander shall request that the case investigator prepare a letter addressed to the complainant to be signed by the Chief of Police or Chief’s designee, informing the complainant of the results of the investigation. c. A copy of the letter will be forwarded to the following: (1) The employee. (2) The employee’s Precinct/Section Captain. (3) The President of the employee’s collective bargaining unit. (4) The City of Omaha Law Department. (5) The employee’s Bureau Deputy Chief. (6) The City of Omaha Human Resources Department Director. (7) The City of Omaha Labor Relations Director. VII. Disciplinary Actions Appeal Process A. Sustained complaints or allegations will be reviewed by the employee’s Bureau Deputy Chief for a recommendation of discipline, as described in the OPD “Professional Oversight — Disciplinary Actions” policy. B. Employees will refer to the applicable provisions contained in their respective CBA for procedures related to appealing the discipline received. VIII. Unfounded (False) Civilian/Citizen Complaints A. Upon completion of the civilian/citizen complaint investigation, if a determination has been made by the IAU investigator that the allegation is false, the IAU Lieutenant shall: 1. Review the City Municipal Code and Nebraska Revised Statute for False Reporting and determine whether the false allegation meets the statutory requirements. 2. Notify the POB Deputy Chief. 3. Notify the accused officer(s) in writing that it has been determined that the allegation of misconduct is false and that criminal charges against the complainant are being considered. a. The accused officer(s) will be asked to sign a waiver acknowledging that the confidentiality of the IAU file may be lost due to the criminal charges being filed. b. Without a waiver, the IAU investigator shall consult with prosecutors regarding what evidence may be used in the criminal case.  4. Advise the IAU investigator to complete an Incident Report to document the crime and handle it as a criminal investigation per OPD PPM. B. When the criminal investigation is complete, the assigned IAU investigator shall forward the case file to the IAU Lieutenant for review and forwarding to the Chief of Police via the POB Deputy Chief. 1. The case shall also be forwarded to the City Prosecutor for review. The City Prosecutor will make the final decision whether or not to file the charge of False Reporting. IX. Additional IAU Responsibilities Related to Investigations/Hearings A. The IAU Lieutenant or designee shall notify local prosecutors and the City Law Department of Brady/Giglio Officers as described in the OPD “Brady/Giglio Disclosures” policy. B. The POB Deputy Chief and the IAU Lieutenant, or designees, shall assist in the preparation and presentation of IAU statistics and other information as may be needed for submission to the Citizen Complaint Review Board. C. The IAU shall assist the City Law and Human Resources Departments as needed to prepare for, investigate, or assist with arbitration and personnel hearings related to discipline and the defense of actions brought forth against the City as it relates to the conduct of OPD employees. REFERENCES: I. Laws A. Omaha Municipal Codes §§ 25-9 and 20-26 are relevant to this policy. B. Nebraska Revised Statutes (NRS) §28-907, §81-1414.14, §81-1415, and §81-1414.19 are relevant to this policy. II. Previous OPD Orders A. Previous OPD General Orders: #22-93, 48-95, 76-95, 39-96, 40-96, 41-96, 43-96, 5-00, 75-00, 22-01 Supplement #1, 37-01, 43-03, 30-06, 8-07, 61-15, 5-18, 46-20, 48-21. III. Accreditation Standards A. CALEA Accreditation standards 26.1.4, 26.1.5, 26.2.1, 26.2.2, 26.2.3, 26.3.1, 26.3.2, 26.3.3, 26.3.4, 26.3.6, 26.3.8, and 82.3.5 are relevant to this policy. IV. Other A. Collective Bargaining Agreements are applicable to this policy. B. PPM Monthly Updates: 12-2020 and 1-2021.