3.10 Complaints.pdf

EFFECTIVE Grandview Heights Police General Orders November 15, 2011 REVISED June 25, 2020 NUMBER 3.10 TOTAL PAGES 5 Complaints Cross Reference: 1.08, 3.26, 3.84 I. Definitions A. Complaint Any allegation of misconduct or conduct that if true may be a violation of law, Division Rule of Conduct...

EFFECTIVE Grandview Heights Police General Orders November 15, 2011 REVISED June 25, 2020 NUMBER 3.10 TOTAL PAGES 5 Complaints Cross Reference: 1.08, 3.26, 3.84 I. Definitions A. Complaint Any allegation of misconduct or conduct that if true may be a violation of law, Division Rule of Conduct, or Division policy. B. Preponderance of the Evidence The greater weight of the evidence, that is, evidence that you believe because it outweighs or overbalances in your mind the evidence opposed to it. Simply put, more likely than not. II. Policy Statements A. All citizen complaints concerning the Division or Division personnel shall be forwarded to the Internal Affairs Bureau for a formal, consistent response and reliable statistical data. B. Internal Complaints 1. If the complaint involves observed misconduct of a criminal nature, Division personnel observing the behavior shall immediately take appropriate action. 2. Division personnel shall promptly and properly report observed misconduct not of a criminal nature. 3. Internal complaints made more than 60 days after the alleged incident will not be investigated unless approved by the Chief of Police. 4. Counter allegations or retaliatory allegations raised by employees under investigation for alleged misconduct will be scrutinized for timeliness and credibility and may result in discipline if warranted. C. The standard of proof to be used will be a preponderance of evidence. D. Every effort should be made to ensure prompt and courteous action when responding to allegations of misconduct made against any employee of the Division of Police. E. Supervisors, under the direction of the Internal Affairs Sergeant, shall investigate: 1. All citizen complaints. 2. Internal investigations when it is determined that a chain of command investigation will not suffice. 3. Administrative investigations with other agencies. 4. Sexual harassment and discrimination complaints. 5. Allegations of a criminal offense. 6. Incidents as directed by the Chief of Police. F. Corrective action will be taken for all substantiated complaints, unless prohibited to do so by applicable contractual timelines. The Division will emphasize positive discipline if reasonable and appropriate. G. The guilt or innocence of a person charged with an offense by an officer is a matter for a court of law and will not be the basis of a complaint against a Division employee. General Order 3.10 Revised 6/25/20 Page 1 of 5 III. Procedures A. Citizen Complaints 1. Division Personnel a. Transfer/refer callers with complaints to the Internal Affairs Sergeant. Exception: At times when no Internal Affairs Sergeant is available, the complaint will be answered by the on duty sergeant. The on duty sergeant will document the information and follow the established guidelines. b. Advise the complainant about the citizen complaint process c. Upon receipt of a written complaint: (1) Affix your name and the date received. (2) Give the complaint to the Internal Affairs Sergeant or notify the Internal Affairs Sergeant by voice mail. d. Forward the original document and any envelope it came in to the Internal Affairs. e. Do not require complainants to call, write, or appear in person if they choose not to. 2. Internal Affairs Sergeant a. Make a determination as to whether the complainant has a “complaint” as defined by Division policy. (1) If so, make the appropriate entries in the Internal Affairs files. (2) Assign the investigation of the complaint to a supervisor (3) If the complaint does not allege an obvious violation of law, or Division rules or policies and the complainant is agreeable, a supervisor may be assigned to try to resolve the complaint or concern by meeting with the complainant. (4) If an individual is not satisfied with the response from a supervisor, or does not want to be referred but insists upon a complaint, the supervisor will complete the appropriate complaint forms. b. Determine if an immediate response to the scene of the incident or the complainant’s location is necessary to start the investigation and/or collect evidence or witness information. (1) If so, notify the investigating supervisor. (2) When warranted, notify the Chief of Police. 3. Chief of Police a. Evaluate the necessity of an investigation when: (1) The allegation is not the basis for a complaint. (2) The allegation would be better adjudicated or addressed outside the Division and not through the citizen complaint system. (3) For internal complaints, the alleged actions would be minor misconduct if true, and/or significant time has passed. b. If an investigation appears to be unnecessary, forward an explanation surrounding the circumstances and recommendation to cancel the complaint to the involved. 4. Investigating Supervisor a. Forward copies of formal complaints of a non-criminal nature to Division members as follows: (1) One copy to the involved employee’s sergeant. (2) One copy to the involved employee. b. Notify the complainant that you have been assigned (within 72 hours of the initial complaint when possible). (1) Advise the complainant about the citizen complaint process. (2) Provide a copy of the formal complaint to the complainant, if requested. (3) Review and clarify allegations with the complainant. General Order 3.10 Revised 6/25/20 Page 2 of 5 c. Interview the complainant, involved employee(s) and any witnesses as necessary and as soon as practical. d. If the complainant refuses to cooperate or cannot be located after several documented and reasonable attempts, move forward with the investigation with the available information. e. Provide any required documentation, basic known facts, and allegations to the involved employee(s) prior to the formal interview as required by the appropriate collective bargaining contract. f. Notify the Chief of Police if the investigation will not be completed within the established timelines. g. Keep the complainant informed of the status of the investigation at least every 45 days until its completion. h. If during the investigation the investigator discovers apparent misconduct not alleged in the original complaint, it will be addressed and included in the investigative package, when appropriate. i. When the investigation is complete, and considering the definitions below, make a recommendation to the chief of police as to the disposition of each allegation from the following categories: (1) Cancelled for cause (i) It is obvious the alleged misconduct could not have possibly occurred. (ii) The complainant, who has been identified as a chronic complainer, or, who appears to have a mental deficiency, failed to provide any credible or plausible evidence of misconduct and further investigation is not warranted. (iii) It is clear that the subject of the complaint is not a Division employee. (2) Unable to Resolve Note: This finding will only be used when there is not enough information to complete the investigation without it. If the investigation was able to be completed, another finding listed in this section will be used based on the facts and evidence available. (i) The investigation could not be properly investigated due to a lack of specific and necessary information that is not available due to the lack of cooperation by the complainant. (ii) The investigation could not be completed because the involved employee was not available for a necessary and critical interview. (3) Withdrawn (i) Complainant withdrew the complaint. The complaint package must include the signature of the complainant indicating a desire to have the complaint withdrawn, the withdrawal must have been recorded and such recording shall be available in the Internal Affairs Bureau. (4) Policy/Procedure The alleged conduct did occur but involved the proper and nondiscretionary use of an approved Division policy or procedure, or was the result of the employee following the explicit and lawful order from a supervisor. (5) Exonerated The evidence indicates the alleged conduct did occur but the actions taken by the employee(s) were lawful and no misconduct was substantiated. (6) Unfounded There is no evidence to support that the alleged conduct did occur. General Order 3.10 Revised 6/25/20 Page 3 of 5 (7) Not Sustained There is insufficient evidence to either prove or disprove the alleged conduct. (8) Sustained There is sufficient evidence to support the allegation and that a rule violation occurred. j. Explain the facts that justify all recommendations for each allegation. k. Recommend the removal of any named employees who were not or could not have been involved and explain why the named employee was not involved. l. Recommend the appropriate discipline or corrective action when there is evidence of misconduct. NOTE: Clearly inappropriate recommendations regarding findings and discipline may subject the supervisor to discipline. m. Forward the completed investigative package to the Chief of Police. 5. Chief a. Make a final disposition. b. Forward the completed investigative package to the Internal Affairs sergeant filing. c. If the disposition is appealed, review the investigative package and respond to the Division personnel or citizen making the appeal. 6. Internal Affairs Sergeant a. Forward all disciplinary forms associated with the package to the employees personnel file. b. Maintain all completed complaint and other internal investigations in a confidential and secure area. B. Complaints by Division Personnel Against Other Division Members 1. Division Personnel a. Forward a letter through your immediate supervisor and chain of command. Request permission to see the next in command if the complaint is with a supervisor in your chain of command. b. If the complaint is of a contractual nature, use the grievance process in the applicable labor contract when the complaint cannot be resolved to the complainant’s satisfaction. c. If the complaint involves an EEO violation, refer to the “Equal Employment Opportunity, Nondiscrimination, and ADA” General Order 3.26. C. Suspected False Complaints 1. Investigating Supervisor a. If during the investigation of a complaint the investigator determines that there is probable cause that the complainant knowingly made a false complaint of misconduct against an officer, the investigator will include the basis for that probable cause within the body of the complaint investigation. b. Provide any known exculpatory or mitigating information about the complainant’s culpability and/or mental competence. c. If approved by the chief, complete the appropriate paperwork to file a summons on the complainant for violation of this law, and notify the involved officer. d. Appear in court as necessary with all related evidence. General Order 3.10 Revised 6/25/20 Page 4 of 5 2. Chief a. If there is probable cause to believe the offense of knowingly filing a false complaint has occurred, ascertain whether the involved employee wishes to file criminal charges, and if so, consult with the Legal Advisor, and determine if the charge should be filed by the investigating supervisor. b. If it is determined that the investigating supervisor will not be filing charges, ensure the officer is notified of the decision. 3. Involved Officer a. If the charge is to be filed by the investigating supervisor, appear in court as necessary. b. If the charges will not be filed by the Division and you intend to proceed independently through the Prosecutor’s Office, notify your chain of command and the Legal Advisor’s Office of your decision and all court actions regarding the case. D. Complaint Disposition Appeal Process 1. Personnel Receiving Notice of a Complaint Disposition a. If appealing, forward a letter of appeal through the employee’s sergeant to the chief within 14 calendar days of receipt of the disposition. The letter shall include: (1) Any relevant information which was not covered in the investigation. (2) The basis upon which the disposition should be amended. 2. Personnel Contacted by a Citizen Desiring to Appeal a. Refer the citizen to the employee’s sergeant. b. Advise the citizen that the appeal must be filed with the sergeant within 14 calendar days of receipt of the disposition. General Order 3.10 Revised 6/25/20 Page 5 of 5