Charlotte-Mecklenburg Police Department 200-001 PDF

Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 1 of 16 I. PURPOSE This...

Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 1 of 16 I. PURPOSE This policy establishes guidelines and procedures for the Charlotte-Mecklenburg Police Department (CMPD) related to addressing employee misconduct in a uniform manner, providing the public with fair and effective avenues for complaints against the CMPD or employees, and ensuring that employees accused of misconduct are treated fairly. II. POLICY CMPD employees are expected to maintain professional standards in their conduct while on and/or off duty and observe all policies and procedures. CMPD will fully investigate and document complaints of employee misconduct to final disposition. When directed by the designated department authority, employees are required to make truthful statements during administrative investigations or inquiries. CMPD is responsible for identifying and addressing employee behavior that discredits the organization or impairs the efficiency of its operations. The rights of the employee and public must be preserved, and any investigation or hearing that may arise from a complaint will be conducted fairly and timely, with truth as its primary objective. III. DEFINITIONS A. Adjudication: A formal ruling on an allegation of employee misconduct at the conclusion of the investigation. Allegations entered into IACMS will be adjudicated using a ruling of exonerated, not sustained, sustained, or unfounded. B. Chain of Command Review Board (COC): A disciplinary review board comprised of an employee’s immediate chain of command. C. Citizens Review Board (CRB): An eleven (11) member advisory board to the Chief of Police, city manager, and city council with the principal function of reviewing appeals by complainants on dispositions imposed by the Chief of Police regarding allegations of misconduct against sworn employees. The board may hear appeals regarding allegations concerning: 1. Excessive response to resistance 2. Unbecoming conduct 3. Arrest search and seizure 4. Arbitrary profiling 5. Neglect of duty D. Civil Service Board (CSB): A seven (7) member board with the principal function of establishing requirements for police and fire applicants. The CSB convenes to hold hearings of sworn employees against whom charges have been brought and approve agency hirings, promotions, demotions, and terminations. Members of the CSB are appointed to three (3) year terms by the city council and mayor.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 2 of 16 E. Impact Statement: A statement offered by the complainant of the personal impact that the alleged misconduct had on the complainant. The impact statement will be considered by the board when deliberating CRB reviewable misconduct allegations and provide information for the board to consider when evaluating the degree of harm caused by the alleged misconduct, specifically related to the complainant. F. Independent Chain of Command Review Board (ICOC): A disciplinary review board comprised of supervisors and peers when selected who are not members of the employee’s immediate chain of command. ICOC members are selected from a pool of available supervisors and peers. G. Internal Affairs Case Management System (IACMS): A secure software application where investigations can only be accessed by the Internal Affairs Division, Police Attorney’s Office, investigated/accused employee’s chain of command, or anyone designated at the discretion of the Chief of Police. H. Mini Board: An independent chain of command board that reviews investigations when there is less than a fair probability that an employee’s alleged misconduct occurred. These cases will be given a final disposition of not sustained, exonerated, unfounded, or will be recommended for a full COC. The employee is not required to attend the hearing. I. Training and Tactics Review Team (TTRT): An internal review team designated by the Chief of Police comprised of personnel with advanced knowledge, training, and experience regarding a specific subject. IV. PROCEDURE A. Internal Affairs Case Management System (IACMS) investigations of employee misconduct require review and disposition by an employee’s chain of command and review by the Internal Affairs Division. Upon completion, each member within the chain of command will utilize the IACMS transfer function to route the investigation to the next higher-level chain of command member. B. Allegations of employee misconduct, dispositions, discipline, and completed investigations will be recorded and stored in IACMS except for investigations conducted by the Human Resources Division. Paper copies will be maintained in the secured storage area within the Internal Affairs Division and archived per Directive 800-004, Records Retention and Disposition. C. The Chief of Police or designee may place an employee on administrative leave with or without pay when an employee’s presence at work would be a detriment to department efficiency or public safety. This action may occur before the employee is provided an opportunity to explain or justify their behavior. The Internal Affairs Division is responsible for notifying the employee in writing of this action and submitting a copy of the notification to the Human Resources Division and the employee’s chain of command.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 3 of 16 D. The Chief of Police may exercise final disposition in any disciplinary matter. E. General IACMS Investigative Information 1. Supervisors will enter a preliminary synopsis of all facts known at the time in IACMS before ending their tour of duty on the day that the event occurred. 2. An open internal investigation can be a source of stress for employees. In recognition of this, supervisors will adhere to specific timeframes based on the incident being investigated. If more time is required to conduct a thorough investigation, the employee will be notified of the delay. The following timeframes include the time for the incident to be investigated and ruled upon by the employee’s chain of command: a. Motor vehicle crashes 14 days b. Employee injury 14 days c. Animal euthanasia 14 days d. Raid and search 14 days e. Deployment of tire deflation device (TDD) 14 days f. Response to resistance (non-deadly) 14 days g. Non-force subject injury 14 days h. Pursuit 24 days i. All others 45 days 3. Supervisors will ensure that employees, including those involved or witnesses, enter their statements before ending their tour of duty. Employees will not transcribe their IACMS statement to their KBCOPS statement or vice versa (e.g., cut and paste). F. Receiving and Processing Allegations of Employee Misconduct 1. Complaints will be accepted from any source, including by person, mail, email, CMPD Website, or telephone. Supervisors must make reasonable and diligent efforts to obtain a statement from any complaining party. a. Every complaining party will be referred to a supervisor, the Internal Affairs Division, or the Human Resources Division so the complaint may be received. b. Without exception, every complaint, which, if true, would constitute a violation of CMPD policy, must be thoroughly investigated and documented by a supervisor or Human Resources Division. Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 4 of 16 c. Complaints received electronically or by telephone message (e.g., voicemail) will require a prompt supervisor response and documentation of the response. The supervisors may respond in the same manner the complaint was received (e.g., return phone call or email). d. Anonymous complaints will be accepted. The Internal Affairs Division major will review each anonymous complaint and determine the feasibility of further investigation. 2. The Internal Affairs Division may be contacted for consultation on any allegations of employee misconduct. 3. Allegations of employee misconduct serious enough to require immediate action, such as suspension from duty, must be referred promptly to the Internal Affairs Division and the employee’s chain of command up to the rank of deputy chief for review and recommendation to the Chief of Police. 4. The Internal Affairs Division major will review all complaint investigations and report directly to the Chief of Police. 5. The investigating supervisor will notify the employee as soon as practical following receipt of the complaint unless doing so would impact the integrity of the administrative and/or criminal investigation. 6. Supervisors will make every effort to investigate and adjudicate a complaint, including employee notification of complaint disposition, within forty-five (45) days of its reception. 7. Complaints will be investigated by the responsible unit outlined in Appendix A unless directed otherwise by the Chief of Police or Internal Affairs Division major. The employee’s deputy chief must be notified of a transfer/referral of an investigation/complaint by the Internal Affairs Division to the employee’s chain of command or transfer/referral of an investigation/complaint from the employee’s chain of command (other than for the formal closing of the case) to the Internal Affairs Divison. 8. The supervisor assigned to a complaint will ensure that the complaining party and the accused employee are promptly notified, either orally or in writing, of any delay extending case adjudication beyond the forty-five (45) day period. The notification will include the reason for the delay and the anticipated completion date. a. The supervisor will record delay notifications in an IACMS supervisor synopsis by noting the date and time, the person notified, and the explanation for the delay or by attaching a written notification to the IACMS case file.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 5 of 16 b. The supervisor of the accused employee will ensure the accused employee is notified and acknowledges the allegation through the IACMS case file. c. The Internal Affairs Division will notify all complainants in writing of the complaint conclusion, ensuring that the notification is consistent with personnel privacy law provisions, and attach the record to the IACMS case file. V. EMPLOYEE MISCONDUCT INVESTIGATIVE PROCEDURES A. Investigative Interview 1. Interviews will be conducted at a reasonable hour, determined by the urgency of the investigation and with respect to the employee’s normal work schedule. 2. The employee being interviewed will be informed of the name and rank of all persons present. 3. The employee’s supervisor will be notified when the employee is required to leave their assigned duties or area of assignment. 4. In an administrative investigation, the employee will not be allowed the presence and assistance of counsel. The employee will, however, be allowed to select a supervisor to speak with about case details and be present during administrative interviews as a means of support throughout the administrative investigation process. a. Any supervisor an employee selects for this purpose will not be an employee subject to investigation in the same incident. b. The supervisor selected must be on duty and available at the time of the initial interview. The supervisor will be only one level above the investigated employee. c. The employee must sign a waiver to speak with the selected supervisor, and the supervisor must sign a confidentiality memorandum. 5. Before the interview begins, the employee must be informed in writing of the administrative advice of rights and the nature of the allegations against them. 6. Reasonable rest periods will be allowed during the interview period. 7. The employee being interviewed will not be subjected to offensive or abusive language or threatened with dismissal or other corrective action.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 6 of 16 B. Employee Interview Participation 1. The employee must completely and truthfully answer all questions the investigating supervisor poses in an administrative investigation and will not intentionally omit material facts. 2. Prior to the interview, the employee must be informed that refusal to answer questions in an administrative investigation can become the basis for corrective action. 3. Prior to the interview, the employee must be advised in writing (or orally, if the interview is conducted by telephone and the conversation is recorded) that they have no constitutional right to refuse to answer questions relating to the investigation because nothing they say in response to questions can or will be used against them in a criminal prosecution. 4. The investigating supervisor shall attach the advisement of administrative rights form or recorded acknowledgment to the IACMS case file C. Criminal Investigations Criminal investigations will not be conducted by the Internal Affairs Division and will be referred to the appropriate criminal investigative unit or agency. Employees subject to criminal investigations will be afforded all applicable constitutional rights. D. Training and Tactics Review Team (TTRT) The TTRT may review employee case files in accordance with the Training and Tactics Review Team SOP and serve as a resource for the employee’s review board hearing. TTRT members must sign a confidentiality agreement to review employee case files. In addition, the employee requesting the TTRT review must provide written consent authorizing the TTRT review. The TTRT may review the following internal cases: 1. Response to resistance and conducted electrical weapons (CEW) 2. Fourth Amendment 3. Any investigation as determined by the Chief of Police E. Polygraph Examination The following procedures will be used in situations involving polygraph examinations. 1. In a criminal investigation, the employee must be advised of the right to refuse a polygraph examination. Should the employee waive this right and consent to the polygraph examination, the employee will be informed that CMPD can use any statement or evidence derived from the examination in the administrative and criminal action.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 7 of 16 2. In an administrative investigation, employees can be required to submit to a polygraph examination. The results of a polygraph examination compelled through an administrative investigation will not be shared with any criminal investigation. Failure to submit may result in corrective action. 3. An employee who is the subject of an investigation may request a polygraph examination. F. Searches 1. Desks, lockers, storage space, rooms, offices, equipment, information systems, work areas, and vehicles are the property of the City of Charlotte or Mecklenburg County and are subject to inspection. They may be searched to retrieve City of Charlotte or Mecklenburg County property or to discover evidence of work-related misconduct if there is reason to suspect such evidence is there. 2. Private property can be stored in the areas mentioned above; however, employees will not expect privacy in those areas. Only employees acting in their official capacity may be authorized to search or inspect areas assigned to other employees. G. By using a police telephone line, an employee consents to the conversation being monitored. This includes all communication on city-owned cellular phones. H. The procedure outlined in this policy does not preclude a supervisor from holding a corrective interview with any assigned employee regarding conduct, work performance, efficiency, attendance, or appearance at any time the supervisor deems necessary when the employee is on duty. VI. CHAIN OF COMMAND REVIEW A. ICOC boards will be convened for the following Internal Affairs Division-level administrative investigations: 1. Arrest, search, and seizure 2. Arbitrary profiling 3. Unbecoming conduct 4. Excessive response to resistance 5. Response to resistance/discharge of a firearm at a person 6. Harassment 7. Neglect of Duty B. Internal Affairs Divison investigated/ICOC review level cases where audio and/or video exists that clearly indicate that the employee had a lawful basis for the action(s)  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 8 of 16 taken that resulted in the complaint or where audio/video clearly refutes the allegation made, a mini-board hearing may be convened to review and adjudicate the investigation. The employee will not be required to attend the mini-board hearing. These cases will be given a final disposition of not sustained, exonerated, unfounded, or will be recommended for a full ICOC. C. Except, as noted above in section VI.A, investigations conducted by the Internal Affairs Division that indicate there is less than a fair probability that employee misconduct occurred may be reviewed by the employee’s major and captain/manager or through a mini-board hearing. These cases will be given a final disposition of not sustained, exonerated, unfounded, or will be recommended for a full COC hearing. If recommended for a full COC hearing, the employee may select a division/section-level COC and/or ICOC. D. Internal Affairs Division investigations that indicate a fair probability that employee misconduct has occurred will be heard by an ICOC or a division/section-level COC board at the employee’s selection, as outlined in Appendix A, to determine the final disposition. E. Investigations conducted by the service area-level or section-level chain of command will be given a final disposition of sustained, not sustained, exonerated, or unfounded. The employee may choose to waive a hearing and have his or her chain of command adjudicate the investigation or select a division/section-level COC or ICOC board to determine the final disposition. The Internal Affairs Division will facilitate all ICOC boards and send a representative to assist with any division/section-level COC boards. F. The Chief of Police or designee may convene an ICOC and/or recommend a TTRT in circumstances deemed appropriate. G. Review of Discharge of Firearms Investigations: 1. The Internal Affairs Division will investigate allegations involving the discharge of firearms at a person, aggressive animals, and negligent discharges. 2. All discharge of firearms cases involving persons and alleged negligent discharges will be reviewed by a standing shooting review board, which will consist of: a. A deputy chief appointed by the Chief of Poice b. A Community Relations Committee representative c. The Training Division major d. The Criminal Intelligence Division captain e. The Firearms Training Unit sergeant  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 9 of 16 3. Each employee discharge of a firearm will be adjudicated in one of the following ways: a. Negligent discharge b. Justified c. Not justified 4. Any employee discharge of a firearm with a disposition of not justified or negligent discharge will be adjudicated under the appropriate Rule of Conduct violation by a shooting review board. The review board for an employee discharge of a firearm not at a person can be chaired and adjudicated by the Training Division major. H. Peer member of the chain of command review board: 1. For any level independent or division chain of command review board, the accused employee may elect to have a peer serve as a board member. 2. Peer selection process: a. The peer will be selected from a pool of eligible employees department- wide in the accused employee's job classification. If no pool of employees exists within the accused employee’s job classification, the Internal Affairs Division major will select a peer from a similar class of employees. b. The peer may not be a probationary employee, be involved in the case to be heard, have disciplinary action pending, have disciplinary action taken against them within the previous twenty-four (24) months, be selected from the accused employee’s division, or be on suspension or other leave. c. The Internal Affairs Division provides two (2) peer employee names to the accused employee, who selects one or rejects both. d. If the employee rejects the first two (2) peer employee names, the Internal Affairs Division will provide one (1) more name for the employee to select or reject. The accused employee must select one (1) of the three (3) names or elect not to have a peer. e. The Internal Affairs Division major may replace any peer for just cause. I. The presence and assistance of the employee’s counsel during the review is not permitted.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 10 of 16 VII. ADJUDICATION OF ALLEGATIONS OF EMPLOYEE MISCONDUCT A. Each allegation of employee misconduct entered into IACMS must be adjudicated with one of the following rulings: 1. Exonerated: The acts which provided the basis for the complaint or allegation occurred, but the investigation revealed that the acts were justified, lawful, and proper. 2. Not Sustained: The investigation failed to disclose sufficient evidence to prove or disprove the allegation made in the complaint. 3. Sustained: The investigation disclosed sufficient evidence to prove the allegation made in the complaint. 4. Unfounded: The investigation proved the allegation to be unsubstantiated. The incident never occurred or the employee was not involved in the incident, or the investigation conclusively proved that the employee’s alleged act or actions which provided the basis for the complaint or allegations did not occur. B. Dispositions resulting in active suspensions will not be deferred or suspended. C. The accused employee will be notified electronically through IACMS or in writing of the final disposition of each allegation. This notification will occur as soon as practical after the disposition is made, and the notification form will be attached to the electronic case file in the IACMS. D. The employee will have the opportunity to read, sign, and date any document containing the results and/or disposition of any investigation before the document is placed in the employee’s personnel file. The employee may attach a reply to any adverse complaint in their personnel file. Any reply will also be attached to the electronic case file in IACMS. E. Supervisors must ensure that the employee’s annual performance review and development (PRD) record includes a summary of a sustained complaint and related counseling or reprimand, which was adjudicated in a performance year. F. All reports resulting from an investigation of an employee, including corrective actions taken, are to be provided to the city manager if requested or if the Chief of Police determines the city manager should be apprised of the investigation. G. An employee’s resignation will not prevent CMPD from rendering a decision concerning an internal investigation. H. The Internal Affairs Division Chain of Command Hearing Diversion Program aims to provide an avenue to adjudicate eligible cases without subjecting employees to the stress of a full board. This process includes:  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 11 of 16 1. Only internally generated complaints are eligible. External complaints (complaints generated by a member of the public) must follow the standard board process. 2. The employee must admit to violating the Rule of Conduct under investigation to the investigating Internal Affairs Division sergeant. 3. The employee will be given the option of having the case adjudicated by the service area major. 4. The service area major will be limited in the severity of the corrective action imposed. The maximum corrective action will be twenty-four (24) hours suspended without pay. If the service area major believes the corrective action could or should exceed a twenty-four (24) hour suspension, the case will be returned to the Internal Affairs Division, and an ICOC board will be convened. 5. Cases eligible for diversion will be determined by the Internal Affairs Division command staff. The determination will depend on the severity of the event to maintain department-wide consistency within the discipline process. XIII. CORRECTIVE ACTION GUIDELINES FOR SUSTAINED ALLEGATIONS OF MISCONDUCT A. Any internal investigation that results in a sustained finding requires appropriate corrective action by the Chief of Police or designee. Corrective actions will be guided by Directive 100-004, Discipline Philosophy. B. Training is a non-punitive component of the CMPD discipline philosophy designed to improve a member’s productivity and effectiveness using positive education and instructional methods. Training may be implemented on its own, combined with, or take the place of, other components of the CMPD discipline philosophy to correct employee misconduct and/or improve performance deficiencies. Training may also be recommended for allegations not sustained but where a performance deficiency has been noted. When training is implemented, the employee’s supervisor will coordinate with the Training Division to develop a specific training plan. C. Counseling is a non-punitive component of the CMPD discipline philosophy intended to correct minor acts of employee misconduct and/or performance deficiencies. Counseling allows supervisors to discuss improvement strategies with the employee concerning work performance deficiencies and/or minor acts of misconduct. D. A written reprimand is the lowest form of formal corrective action and is not to be issued when previous corrective actions have not resulted in the expected improvement or when an employee commits a more serious act of misconduct. Written reprimands will include a description of the incident(s) of misconduct, including specific dates and times, locations, policies, and/or procedures violated. The Written Reprimand Memo located on the CMPD Portal Page should be utilized.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 12 of 16 E. Records of training, counseling, or reprimand resulting from a complaint investigation shall be attached to the IACMS case file before forwarding the case file to the Internal Affairs Division for closure. F. Suspension without Pay 1. Suspension hours imposed upon an employee as a result of a formal corrective action will be levied in eight (8) hour increments. 2. Suspension hours imposed upon an employee will be entered into IACMS, where the employee will be electronically notified of the final adjudication and suspension hours prior to case closure by the Internal Affairs Division. 3. Employees suspended without pay for twenty-four (24) hours or less may forfeit accrued vacation leave for all or part of the suspension. 4. Employees suspended without pay for thirty-two (32) hours or more may forfeit accrued vacation leave for as much as one-half of the suspension. 5. Employees may forfeit accrued vacation leave for all or part of a suspension only one time in any consecutive twelve (12) month period. 6. This provision applies only to suspensions imposed by the Chief of Police or designee. It does not apply to any suspension imposed by the Civil Service Board. G. Employees are prohibited from engaging in law-enforcement-related secondary employment while on suspension from CMPD. H. Employees who have been served a subpoena are still legally bound to attend court while on suspension. IX. APPEALS AND GRIEVANCES A. Employees shall refer to the City of Charlotte’s Grievance Policy for full guidelines. B. All regular-status full-time, part-time, and temporary-status employees (excluding rehired retirees, seasonal interns, and volunteers) who have successfully completed their new hire probationary period are eligible to initiate the City of Charlotte grievance policy. Sworn employees who have completed their probationary period may use the grievance policy only for matters outside of the purview of the Civil Service Board. Grievable matters include but are not limited to: 1. Supervisory actions or decisions, or denial of promotion to a vacant position, when the grievant believes the decisions were based on unlawful discrimination. 2. Any disciplinary actions involving dismissal, suspension, involuntary demotions, or reduction in pay (for non-Civil Service Board purview matters).  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 13 of 16 3. Complaints alleging violations of state and/or federal regulations such as the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), and the Americans with Disability Act (ADA). C. Sworn employees who have completed their sworn probationary period have the right to appeal the imposition of any suspension, recommendation for demotion, or recommendation for termination to the Civil Service Board. 1. Recommendations for demotion or termination of sworn non-probationary officers will be filed with the Civil Service Board by the Internal Affairs Division immediately following the ICOC’s decision. 2. Sworn non-probationary employees have the right to appeal to the Civil Service Board for the imposition of any suspension. Any appeal to the Civil Service Board must be made within fifteen (15) days of the sworn employee’s notification of the suspension. 3. Should the Civil Service Board hearing result in the termination of the employee, the employee will be provided with the following information: a. A written statement citing the reason for termination. b. The effective date of the termination. c. A referral to the CMPD Human Resources Division for a statement of any fringe or retriment benefits earned. D. The Chief of Police may terminate sworn employees who have not completed their probationary period. Terminated probationary sworn employees have no right to appeal to the Civil Service Board but may file a grievance in accordance with the City of Charlotte’s grievance policy. E. Impact Statement Process 1. The impact statement process will follow the below parameters: a. The complainant will be given the opportunity to provide a recorded or written impact statement prior to the hearing date. The Internal Affairs Division will provide the complainant with the impact statement parameters in written format. b. The statement may contain a description of the nature and extent of any physical, psychological, or emotional injury suffered by the complainant as a result of the alleged employee misconduct. c. The statement may contain an explanation of any economic or property loss suffered by the complainant as a result of the alleged employee misconduct. d. The board will not draw an inference or conclusion from the complainant’s decision not to provide an impact statement.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 14 of 16 e. The board will review the impact statement at the beginning of the deliberation period. F. Deputy Chief Review Process 1. In cases resulting in a suspension exceeding forty (40) hours, employees may seek their deputy chief’s review of the Internal Affairs Division investigative file and hearing audio file. Employees who request a deputy chief review must submit the request in writing using the Appeal to Employee’s Deputy Chief Form provided by the Internal Affairs Division to the Internal Affairs Division within three (3) calendar days following the date of the Internal Affairs Division ICOC or COC hearing. The written request must specifically indicate the basis for the appeal and include all relevant facts the employee wishes the deputy chief to consider during the review. Appealable matters include: a. The Internal Affairs Division investigative file was insufficient or lacked key evidence. Employees must specifically state what relevant material or evidence was absent that may have affected the board’s decision. b. The ICOC hearing process was insufficient or biased against the employee. Examples may include the employee having articulable cause to believe a board member was biased towards the employee, which influenced the board’s decision, or the board did not provide the employee an opportunity to provide any mitigating information or statements. c. Any other specific occurrence to indicate the employee was not afforded his or her due process per this policy or information demonstrating the employee’s outcome was inconsistent with the department’s discipline philosophy. 2. If a specific reason articulating the justification for a deputy chief appeal is absent, a deputy chief will not review the employee’s case. For cases that a deputy chief reviews, the review will occur within five (5) business days upon approval of the appeal from the Internal Affairs Division. The deputy chief will review the relevant content of the case based on the employee’s basis for appeal, and one of the following two (2) outcomes may occur: a. The deputy chief may determine there is insufficient cause to indicate the employee’s internal affairs process or hearing was not conducted appropriately, in which case the matter will be closed. b. If the deputy chief determines there is sufficient cause to indicate an employee’s internal affairs process or outcome was inconsistent with departmental standards, the case will be referred to the Internal Affairs Division, and the employee will be afforded a second board hearing with a different panel of board members. The deputy chief will also determine any further case investigation or evidentiary items to be added to the case file.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 15 of 16 3. Recommended corrective actions resulting from the initial board hearing will not be held in abeyance pending a deputy chief appeal. Any changes to the ruling and/or suspension time resulting from a secondary hearing will be properly corrected by the Internal Affairs Division and Human Resources Division. 4. Employees who waive their option to have an ICOC or COC hearing are not eligible to request a deputy chief review. 5. Employees who have separated (resigned or retired) from the department prior to the initial board hearing or while pending the secondary hearing are not eligible for the secondary hearing process. X. RELEASE OF EMPLOYEE INFORMATION IN ADMINISTRATIVE CORRECTIVE ACTION Administrative corrective action that would be identified with any individual employee may not be released to the public or other parties except as provided by N.C.G.S. 160A-168. This statute specifies that the following information must be disclosed to the public: name, age, date of original employment or appointment to the service, current position title, office to which the employee is assigned, current salary, date and amount of all increases or decreases in salary, and the dates of all promotions, demotions, transfers, suspensions, separations, or other changes in position classification. This statute also specifies the following information is public record and will be released upon request: Complete salary history to include benefits, incentives, bonuses, and all other forms of compensation; information regarding all promotions, suspensions, or terminations to include the date and amount of each with a general description, and the date and type of each dismissal, suspension, or demotion for disciplinary reasons and a copy of the final decision stating the specific acts that form the basis for the dismissal. An employee may have access to his or her personnel file in accordance with the provisions set forth in N.C.G.S/ 160A-168(c) – (c1). XI. REFERENCES Rules of Conduct 100-004 Discipline Philosophy 600-019 Response to Resistance Officer Involved Critical Incident SOP Subject Matter Expert Board SOP Training and Tactics Review Team SOP Written Reprimand Memo Appeal to Employee’s Deputy Chief Form N.C.G.S 160A-168 City of Charlotte HR11Employee Grievance Process City of Charlotte Code of Ordinances; Part 1-Chapter 4, Article III, sec 4-61 CALEA The previous version of Directive 200-001 Discipline, Internal Investigations, and Employees Rights was published on 05/09/2023.  Charlotte-Mecklenburg Police Department 200-001 Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date: 9/14/2023 16 of 16 Appendix A Rule of Conduct Charge Investigation Review Code Level Level Abuse of Position 22 (A1-A3,B-G) IA ICOC or Service Area/Bureau Arbitrary Profiling 41 (A-D) IA ICOC Review Board Arrest, Search, and Seizure 29 IA ICOC Review Board Associations 15 IA ICOC or Service Area/Bureau Conformance to Laws 14 (A-C) IA ICOC or Service Area/Bureau Duty to Report 43 (A-C) IA ICOC or Service Area/Bureau Gifts and Gratuities, and Donations 23 (A,B,C1,C2,D) IA ICOC or Service Area/Bureau Harassment 39 IA/HR ICOC Review Board/HR Improper Use of Property and Evidence 31 IA ICOC or Service Area/Bureau Insubordination 4 (A,B) IA ICOC or Service Area/Bureau Intervention 30 (A1,A2,B) IA ICOC or Service Area/Bureau Labor Activity 12 IA ICOC or Service Area/Bureau Neglect of Duty 10 (A-H) IA ICOC or Service Area/Bureau Participation in Administrative Investigations 35 (A,B,C1-C5) IA ICOC or Service Area/Bureau Political Activity 13 IA ICOC or Service Area/Bureau Possession and Use of Drugs 18 (A,B) IA ICOC or Service Area/Bureau Public Statements and Appearances 24 (A-D) IA ICOC or Service Area/Bureau Residence/Telephone Requirement 7 (A-C) IA ICOC or Service Area/Bureau Truthfulness 38 (A1-A6,B,C) IA ICOC or Service Area/Bureau Unbecoming Conduct 6 (A,B1-B4) IA ICOC Review Board Unsatisfactory Performance 5 (A-C) IA ICOC or Service Area/Bureau Use of Alcohol on Duty or in Uniform 17 (A,B) IA ICOC or Service Area/Bureau Use of Department Equipment 32 (A,B) IA ICOC or Service Area/Bureau Response to Resistance 28 (A,B) IA ICOC Review Board Use of Weapons 27 IA ICOC or Service Area/Bureau Visiting Prohibited Establishments 16 IA ICOC or Service Area/Bureau Absence from Duty 9 (A1,A2,B,C) COC ICOC or Service Area/Bureau Chain of Command 3 COC ICOC or Service Area/Bureau Complaints 26 (A,B) COC ICOC or Service Area/Bureau Courtesy 25 (A-D) COC ICOC or Service Area/Bureau Departmental Reports and Records 34 (A,B) COC ICOC or Service Area/Bureau Driving 40 (A-D) COC ICOC or Service Area/Bureau Employment Outside CMPD 11 Sec. Emp. Unit ICOC or Service Area/Bureau Identification 21 (A-C) COC ICOC or Service Area/Bureau Knowledge of Regulations 1 (A-D) COC ICOC or Service Area/Bureau Legal Processes Brought By or Against Employees 36 COC ICOC or Service Area/Bureau Personal Appearance 19 (A,B) COC ICOC or Service Area/Bureau Radio Communications 33 COC ICOC or Service Area/Bureau Reporting for Duty 8 (A-C) COC ICOC or Service Area/Bureau Supervision 37 (A,B) COC ICOC or Service Area/Bureau Use of Tobacco 20 COC ICOC or Service Area/Bureau Violations of Rules 2 COC ICOC or Service Area/Bureau Use of Body Worn Cameras 42 (A-D) COC ICOC or Service Area/Bureau *Internal Affairs or Human Resources may intervene in any departmental investigation