St. Johns County Sheriff's Office Internal Affairs Policy 52.1 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Internal Affairs Policy 52.1 Effective Date: 06/30/2006 Amended Date: 12/23/2022 ACCREDITATION STANDARDS CALEA: 26.2.1, 26.2.2, 26.2.3, 26.2.4, 26.2.5, 26.3.1, 26.3.2, 26.3.3, 26.3.4, 26.3.5, 26.3.6, 26.3.8 CFA: 20.01 FCAC: 7.05, 7.06, 7....

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Internal Affairs Policy 52.1 Effective Date: 06/30/2006 Amended Date: 12/23/2022 ACCREDITATION STANDARDS CALEA: 26.2.1, 26.2.2, 26.2.3, 26.2.4, 26.2.5, 26.3.1, 26.3.2, 26.3.3, 26.3.4, 26.3.5, 26.3.6, 26.3.8 CFA: 20.01 FCAC: 7.05, 7.06, 7.08, 7.09 FLA-TAC: 5.13 FMJS: Discussion: It is essential the citizens of St. Johns County have confidence in its Sheriff’s Office and the administration, which supervises the exercise of law enforcement authority. Citizens are encouraged to bring forward legitimate grievances regarding misconduct by agency employees. Agency employees will assist and cooperate in the processing of citizen complaints consistent with established policy. This policy sets forth the procedures for handling complaints / allegations against the agency or its employees. The Internal Affairs policy is overarching and encompasses portions of policies 26.1 Standards of Professional and Personal Conduct, 26.4 Disciplinary Procedures and CD4.01 Corrections Standards of Conduct. [26.2.1] DEFINITIONS Administrative Inquiry - A thorough examination of the facts to determine if a complaint has merit, and, if so, to satisfactorily resolve it when possible. Agency – Refers to St. Johns County Sheriff’s Office Garrity Warning - Notification to the employee of the legal requirement to answer questions truthfully in regard to an administrative inquiry / investigation. Questions answered under Garrity cannot be used against the employee as evidence in criminal proceedings. GENERAL [26.2.1] [FCAC 7.05].1 It benefits both the community and agency employees to have a policy for the investigation of serious allegations and their underlying causes. It is important employees understand with any allegation received by this office, there is no presumption of wrongdoing. Standardized procedures ensure investigations will be conducted in a consistent and professional manner..2 Any legitimate complaint or allegation of misconduct against the agency or its employees shall be investigated. [CFA 20.01].3 Anonymous complaints will be reviewed to determine the validity of the complaint / complainant. If the complaint cannot be verified by any means, the complaint is not to be considered valid and an administrative inquiry will not be conducted. Internal Affairs 52.1 Page 1 of 18 INTERNAL AFFAIRS (IA) FUNCTION.4 Internal Affairs (IA) is established to investigate serious complaints against the agency or its employees, and to administer and monitor the overall Administrative Inquiry / Internal Affairs investigation process..5 The Criminal Investigations Division Director shall be responsible for the Internal Affairs function. [26.2.3].6 The Internal Affairs Lieutenant and Internal Affairs Investigator(s) shall be assigned to the Criminal Investigations Division Director, and shall have the authority to report directly to the Sheriff on Internal Affairs investigation matters. [26.2.3] [26.3.2] TYPES OF COMPLAINTS.7 The Criminal Investigations Captain and Internal Affairs Lieutenant will initially review complaints and categorize complaint investigations to be either a citizen complaint, supervisor inquiry, or administrative inquiry. [CFA 20.01, c] [FCAC 7.05, c] [FL-TAC 5.13, b] Citizen Complaints [26.3.1, a] [CFA 20.01, a] [FCAC 7.05, a] [FL-TAC 5.13, a].8 Citizen Complaints are often minor in nature and involve a misunderstanding of the criminal justice process or procedure. Most often these types of complaints can be resolved by the first line supervisor..9 A Citizen Comment Form (SJSO-371) shall be made available for receiving positive and negative comments from citizens. The form may also be used by agency employees. Citizen Comment forms are available at the Regional / District / Field Offices, Courtesy Desk and the agency website..10 If the Citizen Complaint would result in informal discipline, (i.e. consultation form or reprimand), the supervisor shall enter the complaint and their actions to resolve the complaint in Blue Team. If the citizen’s concerns are addressed by the supervisor, the Blue Team entry will be forwarded to the respective Lieutenant for approval, then forwarded to Internal Affairs.  If the citizen is not satisfied and wishes to file a formal complaint, the citizen should be given a Citizen Comment Form (SJSO-371) Supervisor Inquiry (SI) [26.3.1, a] [CFA20.01, a] [FCAC 7.05, a] [FL-TAC 5.13, a] A Supervisor Inquiry (SI) will be entered into Blue Team when one (1) or more of the following types of complaints occur where an investigation is necessary and the findings could result in either formal or informal discipline:  Rudeness, such as profane language or gossiping  Any other unprofessional or improper conduct  Insubordination  Other conduct or operational policy errors as defined by the Sheriff, or the affected Division Director.11 If during the supervisor’s investigation, policy violations are identified which warrant further inquiry or serious allegations, the supervisor should contact Internal Affairs before proceeding further. Internal Affairs 52.1 Page 2 of 18 Administrative Inquiry (AI) [26.3.1, b] [CFA20.01, b] [FCAC 7.05,b] [FL-TAC 5.13, c].12 Administrative Inquiry (AI) level complaints shall generally be investigated by the Internal Affairs Investigator(s). However, AI Complaints may be handled by line supervisors or IA Investigators under the direction of the Internal Affairs Lieutenant. AI Complaints consist of one (1) or more of the following types of complaints:  Excessive force  Unlawful arrest  Gross misconduct  Criminal misconduct  Missing property or money  Any other serious misconduct.13 For AI Investigations, the Internal Affairs Lieutenant shall ensure an Internal Affairs number is assigned. CONFIDENTIAL REPORTING.14 An employee reporting suspected misconduct will be reported through their respective chain of command. However, it is recognized there may be situations when an employee is hesitant to inform their chain of command (COC) of suspected misconduct..15 An employee can create an Internal Complaint in Blue Team, which will allow the employee to make a report of misconduct directly to the Internal Affairs Lieutenant, bypassing the employee’s normal chain of command. A complete description of the incident to be reported should be provided. The reason for not reporting the incident through the COC shall be explained in the summary section of the Blue Team report..16 The following are examples when the internal complaint may be utilized, but is not all inclusive:  Sexual harassment  Criminal conduct  Excessive Force  Fraud  Theft REQUEST FOR INVESTIGATION.17 A Division Director may request Internal Affairs to investigate allegations of employee misconduct by forwarding a memorandum directly to the Criminal Investigations Division Director, stating reason(s) for such investigation..18 Ranking personnel (Sergeant / Supervisor or above) may request an AI level investigation by forwarding a memorandum through their chain of command (COC) to the Criminal Investigations Division Director, stating reason(s) for such investigations. The Criminal Investigations Division Captain and Internal Affairs Lieutenant will then determine the need for and assignment of the AI level investigation..19 Under no circumstances will a supervisor or employee initiate their own investigation of employee misconduct or AI level investigation without the express authority of the Criminal Investigations Division Director. Internal Affairs 52.1 Page 3 of 18 RECEIVING COMMENDATIONS / COMPLAINTS: EMPLOYEES [26.2.4].20 All employees of the agency are strictly charged with the responsibility for courteously receiving any commendation / complaint which may be lodged against the agency or any employee thereof, whether made in person, by telephone, via electronic means, or by mail..21 Any employee of the agency is authorized to receive a commendation in favor of or complaint against, any other employee or any agency rule, policy, or procedure. For procedures regarding handling commendations refer to policy 26.9 Awards Program..22 Any employee receiving a minor complaint from a citizen should attempt to resolve the complaint by giving a proper explanation to the citizen, when possible.  If the employee cannot resolve the complaint with an explanation, they will refer the complainant to their Supervisor.  If the Supervisor cannot resolve the matter, or if the citizen wishes further action, the Supervisor shall furnish the citizen with a Citizen Comment Form (SJSO-371), or obtain the name and address of the citizen and mail a form to the citizen  When returned, the Citizen Comment Form (SJSO-371) shall be referred to Internal Affairs  When authorized by the Criminal Investigations Division Director, the form will be referred to the employee’s immediate Supervisor for handling. If the immediate Supervisor is not available, an acting Supervisor should handle the complaint. If not possible, the Lieutenant / Manager, or designee will handle as appropriate..23 Citizen Comment Form (SJSO-371), which allege criminal misconduct, shall be sent directly to Internal Affairs Internal Affairs 52.1 Page 4 of 18 INVESTIGATION NOTIFICATIONS Internal Notifications.24 The Criminal Investigations Division Director shall notify the Sheriff on all AI level investigations as soon as practical, upon receipt of the complaint. [26.2.3] [26.3.2].25 For AI investigations, the Internal Affairs Lieutenant or designee shall notify the employee’s Division Director as soon as possible, unless it is deemed necessary to keep confidentiality because of the sensitivity of the inquiry / investigation..26 At the time of notification, the employee shall be furnished a copy of the complaint, and the names of all complainants and witnesses. Copies of all complainant statements and witness statements available at the time shall also be provided to the affected employee, as well as a copy of the Officer Bill of Rights, when applicable. See Addendum B. [26.3.5] [FCAC 7.06].27 Additional complainant and witness statements made during the course of the investigation will be provided to the affected employee for review prior to the employee being interviewed. The employee will be afforded a reasonable amount of time to review all identifiable evidence being utilized in the investigation before being interviewed..28 Complaints by inmates against Law Enforcement / Corrections personnel shall follow procedures mandated by State Law. Inmate complainant information and associated statements will be provided to the affected Law Enforcement / Corrections personnel immediately prior to the beginning of the investigative interview. Notifications to Complainant.29 A written letter is sent to the complainant after receiving the complaint for the Administrative Inquiry. [26.3.4, a].30 The Internal Affairs Investigator shall maintain a schedule for status notification to the complainant and periodically notify the complainant of the status of the investigation. The complainant and affected employee shall also be notified, in writing, of any extensions during the investigation. [26.3.4, b] Final Notifications of Complaint Investigation [26.3.4, c].31 Complete Supervisor Inquiry Investigations shall be forwarded via chain of command to the affected Division Director. After review, the Division Director shall forward the Supervisor Inquiry Investigation to the Internal Affairs Lieutenant for review. The Internal Affairs Lieutenant shall then forward the report to the Criminal Investigations Division Director for review and final approval..32 Completed AI investigations shall be forwarded to the Criminal Investigations Division Director and affected Division Director for review within forty-eight (48) hours of completion..33 After review of all internal investigations by the Criminal Investigations Division Director and affected Division Director, the Criminal Investigations Director or designee shall send the affected employee and the complainant a final disposition memorandum including the findings of the investigation and any policy violations. The notification will be documented and maintained in the investigative file. [FCAC 7.09] Internal Affairs 52.1 Page 5 of 18 State Attorney Notification.34 In the event criminal charges may arise from the allegations, the State Attorney’s Office or the Florida Department of Law Enforcement may be contacted by the Sheriff. In the event a criminal investigation is conducted against an employee, the Internal Affairs investigation shall be subsequent to the criminal investigation. The fact the State Attorney’s Office or the Florida Department of Law Enforcement was contacted or a criminal investigation was initiated will be noted in the Case Summary. INVESTIGATING SUPERVISOR INQUIRY COMPLAINTS: IMMEDIATE SUPERVISORS.35 A Supervisor Inquiry (SI) will be conducted only, if a “sustained” finding of the allegations after an investigation would result with informal discipline (i.e. consultation form or letter of reprimand).  Supervisors will interview the complainant(s), all witness(es), and then the affected employee.  The Garrity Warning (SJSO-034) will be given prior to questioning the subject employee.  The employee will be afforded a reasonable amount of time to review all identifiable evidence being utilized in the investigation before being interviewed.  If information received by the investigating Supervisor during a SI investigation indicates the complaint may be of a more serious nature, and if “sustained,” could lead to formal discipline, the Supervisor shall stop the investigation.  They shall notify the Internal Affairs Lieutenant via memorandum, requesting the investigation be upgraded to a AI level investigation..36 Assigned SI / Internal Affairs personnel will have complete authority to interview complainant(s), witness(es), and agency personnel regarding the issue of the complaint, and shall expect the cooperation of all employees of this agency.  It is preferable for contact to be made in person  All interviews shall be documented  Written statements will be obtained when applicable  SI investigations are not required to be recorded.37 Documentation for a SI will be completed in BlueTeam and will include a completed summary of the complaint, written or recorded statements, review of the evidence gathered, person(s) contacted (or documentation of attempts to contact three (3) times on three (3) different days and times), and the resolution / findings and action taken..38 Resolution of all SI investigations when the findings result in no policy violations, will be documented as “completed”..39 If the SI identifies policy violations which result in informal discipline, the report will be closed as “counseled”, and the supervisor will generate a consultation form or letter of reprimand entry in BlueTeam..40 The supervisor will forward the completed Blue Team report to the employee, who will review the report, make comments, and forward back to the investigating supervisor..41 SI investigations are forwarded via chain of command, to the affected Division Director prior to being forwarded to Internal Affairs, as soon as practical, not to exceed ten (10) calendar days. Internal Affairs 52.1 Page 6 of 18 INVESTIGATING ADMINISTRATIVE INQUIRY (AI) COMPLAINTS.42 Whenever an employee is under inquiry / investigation and subject to a formal interview for any reason which could lead to formal disciplinary action, demotion, or dismissal, such interview shall be conducted under the following conditions:  As a matter of policy, employees attending formal interviews with Internal Affairs shall not be armed (i.e., firearms, knives, Conductive Electrical Weapons (CEW), OC spray, etc.) Secure storage for weapons is provided in designated Evidence lockers or the weapon(s) may be stored in the vehicle trunk  No cellphones, personal audio, video, stenographic recording, or wireless electronic equipment of any type will be allowed to be brought into the interview session by persons rendering statements.  All witnesses shall be interviewed prior to the affected employee whenever possible  The employee will be afforded a reasonable amount of time to review all identifiable evidence being utilized in the investigation before being interviewed.  The interview of the affected employee shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the inquiry / investigation is of such a degree that immediate action is required  The interview shall, whenever practical, take place at the St. Johns County Sheriff’s Office Main building in an office or conference setting  The employee shall be informed of the rank, name, and command position of the officer in charge of the inquiry / investigation, the interviewing officer, and all persons present during the interview  The employee shall be informed of the nature of the inquiry / investigation prior to any interview, and they shall be informed of the names of all complainants and witnesses prior to being interviewed  The employee shall be advised of the Garrity Warning (SJSO-034). [FCAC 7.06]  Interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary  The employee shall not be subjected to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to answering questions  The formal interview of the employee, including all recess periods, shall be recorded. There shall be no unrecorded questioning to clear up minor points  If the employee is under arrest, or is likely to be placed under arrest as a result of the interview, they shall be advised of their Miranda Rights prior to the commencement of the interview  Agency employees shall not be afforded any preferential treatment in cases involving violations of the law Internal Affairs 52.1 Page 7 of 18 EVIDENCE USED IN INTERNAL AFFAIRS (IA) INVESTIGATIONS.43 The collection of evidence in regards to the inquiry / investigation of employees shall be conducted in accordance with the guidelines listed below and will be authorized by the Sheriff, Division Director, or designee. [26.3.6] [FCAC 7.08].44 There shall be a reasonable suspicion or probable cause for the following actions to occur:  Blood, breath or urine tests may be required for any employee who is accused or suspected of being under the influence of alcohol while on duty or while doing an official law enforcement related function while on extra or off duty employment [26.3.6, a] [FCAC 7.08, a].45 Blood, urine, or other specimen tests may be required of any employee accused or suspected of using any drug or controlled substance whose possession is considered illegal whether the use is on or off duty. [26.3.6, a] [FCAC 7.08, a].46 Employees may be requested to submit to any other type of medical or laboratory exam at agency expense. [26.3.6, a] [FCAC 7.08, a].47 Employees may be requested to cooperate with the creation of an audio / video recording exemplar, when the actions are material to a particular Internal Affairs investigation being conducted by the agency. [26.3.6, c].48 An employee shall be required to submit to photographs or participate in a line up, if probable cause exists to believe the employee is involved in a criminal offense. [26.3.6, b, d] [FCAC 7.08, b, c].49 Employees may be requested to submit financial disclosure statements, if the investigation involves questions of a financial nature. [26.3.6, e] [FCAC 7.08, d].50 Employees shall not be subject to having their home, place of personal business, or private vehicle searched unless a valid search warrant has been obtained or they voluntarily agree to such a search and signs a written permission to search form..51 Any agency property (office, building, vehicle, locker, container, or equipment) may be inspected and / or searched anytime under the direction of appropriate Supervisors..52 Any employee who is the object of, or a witness in, an Internal Affairs investigation may be requested to submit to a polygraph exam. The employee may choose not to submit to the exam. [26.3.6, f] [FCAC 7.08, e].53 If criminal charges are expected to be pursued against an employee, all rights or privileges afforded any other suspect regarding polygraph exams shall be allowed. Internal Affairs 52.1 Page 8 of 18 TIME LIMITS & EXTENSIONS [26.3.3] [26.3.4].54 All complaints being investigated will be completed within forty-five (45) days (excluding weekends and holidays). In cases where extenuating circumstances exist, extensions shall be granted by the Criminal Investigations Division Director. A memo from the Internal Affairs Investigator or Internal Affairs Lieutenant shall be forwarded to the Criminal Investigations Division Director requesting the extension. Each extension requested will be given in fifteen (15) day increments (excluding weekends and holidays)..55 Under certain circumstances, the Criminal Investigations Division Director may authorize a “Special Extension” exceeding the normal fifteen (15) day extension increments. In such cases, the complainant and affected employee shall be notified, in writing, of the Special Extension. No Internal Affairs investigation shall exceed one-hundred-eighty (180) days, except for circumstances allowable under Florida law. AI COMPLAINT FINDINGS.56 At the end of each AI investigation into an allegation of policy violation and / or misconduct, a conclusion of facts shall be made. A citing of the specific policy section / bullet shall be made and noted in the investigation findings. [26.3.8] [FCAC 7.09].57 Completed AI investigations will be classified as one of the following: [26.3.8] [FCAC7.09]  Unfounded - The investigation revealed no basis for the allegations  Policy Failure - The employee followed policy, but the investigation reveals policy changes are recommended  Not Sustained - The investigation reveals insufficient evidence to clearly prove or disprove the allegations  Sustained - The investigation reveals that the accused employee has committed one or more of the alleged act(s), or their conduct was improper  Exonerated - The investigation revealed the actions of the employee were justified under the circumstances and within agency policy  Withdrawn - The complainant has withdrawn their complaint and / or refused to cooperate with the investigation.58 For any investigation which results in a sustained violation of FSS 943.13(4) or involving moral character, the agency shall submit form #CJSTC 78 to the Florida Department of Law Enforcement (FDLE) Criminal Justice Professionalism Program within forty-five (45) days of the date the allegation is sustained. The Internal Affairs Lieutenant shall ensure form #CJSTC 78 is completed and forwarded to HR for submission to FDLE, along with any other required documentation. [CFA 20.01, h] [FCAC 7.05, h] Internal Affairs 52.1 Page 9 of 18.59 Moral character violations are listed and defined under Rule 11B-27.0011, Florida Administrative Code. Such moral code violations include but are not limited to:  Any act constituting a felony offense regardless of criminal prosecution  Pleading guilty, nolo contendere, or being found guilty of any misdemeanor offense involving perjury or false statement, regardless of withholding adjudication  A plea of guilty or a verdict of guilty after a criminal trial of a misdemeanor offense enumerated in Rule 11B-27.0011(4), or any act constituting one of the offenses regardless of criminal prosecution  Any principal, accessory, attempt, solicitation, or conspiracy, pursuant to Chapter 777, F.S., which had the crime been committed or completed would have been a felony offense  Committing an act in any jurisdiction other than Florida, which if committed in the State of Florida would constitute any offense listed in Rule 11B-27.0011(4)  Committing any act or conduct constituting the below offenses: (1) Excessive use of force by an officer that is not justified under FSS 776.05, 776.07, or 944.35(1)(a) (2) Misuse of official position as defined in FSS 112.313(6) (3) Having an unprofessional relationship with an inmate, detainee, probationer or parolee, or community controlee (4) Sexual harassment involving physical contact or misuse of official position (5) Engaging in sexual activity while on duty or under color of law  False statements during the employment application process  Testing positive for any controlled substance RIGHTS OF EMPLOYEES [FCAC 7.06].60 No personnel action resulting in loss of pay or benefits, or which would be considered a punitive measure, shall be taken against any employee unless such employee is notified of the action and the reason thereof prior to the effective date of such action.  For actions which could result in formal discipline resulting in loss of pay or benefits, the employee will be afforded the opportunity to submit mitigating circumstances before a Pre-Disciplinary Panel (PDP). This discipline includes: Suspension, Demotion, or Termination.61 If an inquiry or investigation results in termination of appointment and / or commission, the following information must be furnished to the employee:  A statement of the reason for dismissal / decommission  The effective date of the dismissal / decommission  The status of employee’s fringe and retirement benefits after dismissal / decommission  Notice as to what will be contained in the employee’s personnel record relating to the dismissal / decommission.62 If an employee is dissatisfied with a decision regarding disciplinary action of suspension, demotion, or termination resulting from a complaint, they may appeal the action as provided by the Career Service Act. Internal Affairs 52.1 Page 10 of 18.63 No employee shall be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise be discriminated against in regard to their appointment / commission, or be threatened with any such treatment, due to their exercise of rights granted by this directive..64 The Law Enforcement and Corrections Officers Bill of Rights, FS 112.532, shall be adhered to during an investigation of a Law Enforcement / Corrections employee. (See Addendum A) [26.3.5] AI RECORDS.65 The Internal Affairs Lieutenant shall record, register, control the investigation, and maintain the confidentiality of Internal Affairs investigation files in a secured area. [26.2.2] [CFA 20.01. d, f] [FCAC 7.05, d-f] [FL-TAC 5.13, d-f]  Computerized Internal Affairs files are housed on the Internal Affairs personnel’s computers and are password protected  Paper files are secured and housed in a locked file cabinet in the Internal Affairs office. The Internal Affairs office shall be locked when the office is not staffed.66 A comprehensive Investigative Report shall be prepared on all AI and SI inquiry / investigations. This report shall include: [CFA 20.01, d]  A summary of the complaint or alleged act of misconduct  A description of the incident, physical evidence and other information pertinent to the case  A synopsis of the statement taken in the incident  An evaluation of the complaint, with a statement indicating what can and cannot be substantiated  The final result of the investigation  Appropriate recommendations.67 Viewing of employee’s file: Active inquiries / investigations are considered confidential, and information contained in active files shall be released only as necessary for furthering the inquiry / investigations. [FLA-TAC 5.13, e].68 Completed inquiries / investigations are public record and may be requested through normal public records procedures. [FCAC 7.05 g] [FL-TAC 5.13, g].69 Employees requesting a copy of their completed inquiry / investigation shall do so, in writing, Chain of Command to the Sheriff. [FLA-TAC 5.13, g].70 All AI files shall be reviewed on a regular basis. This review will be completed by the Internal Affairs Lieutenant. The employee and affected Division Director will be notified by memo of the purging of their file and offered an opportunity to review the file prior to purging..71 Purging will be carried out in accordance with the procedures outlined by the Division of Library and Information Services (119.021 FS). [26.2.2] Internal Affairs 52.1 Page 11 of 18.72 Those inquiries / investigations, in which litigation is pending and the complaint was unfounded or not sustained, will not be purged until final disposition..73 Internal Affairs shall maintain statistical information as follows: [26.2.5]  The number of complaints received from citizens and from other sources  The findings from investigated complaints showing the number of: unfounded, not sustained, sustained, exonerated, policy failure, and withdrawn complaints  The statistical information shall be summarized annually for distribution to any interested party, including the news media upon request. CONFIDENTIAL MANDATE [CFA 20.01, e, g] [FCAC 7.05, e, g] [FLA-TAC 5.13, e].74 FS 112.533 provides, in part, a complaint filed against a Law Enforcement / Corrections deputy with a law enforcement agency, and all information pursuant to the inquiry / investigation by the agency of the complaint, shall be confidential until the conclusion of the administrative inquiry (AI) / Internal Affairs investigation. Thereafter, the complaint and all such information shall be open to inspection pursuant to Chapter 119 of the Public Records Law..75 Electronic mail is not a confidential means of communication required under FS 112.533. Complaints received by email will be investigated as long as the complaint can be verified by contact with the complainant, either in person, by phone or by mail. [26.2.1] ____________________ Robert A. Hardwick Sheriff Internal Affairs 52.1 Page 12 of 18 ADDENDUM A Law Enforcement Officers and Correctional Officers Rights 112.532 Law enforcement officers' and correctional officers' rights. - All law enforcement officers and correctional officers employed by or appointed to a law enforcement agency or a correctional agency shall have the following rights and privileges: (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION - Whenever a law enforcement officer or correctional officer is under investigation and subject to interrogation by members of his or her agency for any reason that could lead to disciplinary action, suspension, demotion, or dismissal, the interrogation must be conducted under the following conditions: (a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer or correctional officer is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (b) The interrogation shall take place either at the office of the command of the investigating officer or at the office of the local precinct, police unit, or correctional unit in which the incident allegedly occurred, as designated by the investigating officer or agency. (c) The law enforcement officer or correctional officer under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by or through one interrogator during any one investigative interrogation, unless specifically waived by the officer under investigation. (d) The law enforcement officer or correctional officer under investigation must be informed of the nature of the investigation before any interrogation begins, and he or she must be informed of the names of all complainants. All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The complaint, all witness statements, including all other existing subject officer statements, and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recordings relating to the incident under investigation, must be provided to each officer who is the subject of the complaint before the beginning of any investigative interview of that officer. An officer, after being informed of the right to review witness statements, may voluntarily waive the provisions of this paragraph and provide a voluntary statement at any time. (e) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. (f) The law enforcement officer or correctional officer under interrogation may not be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action. A promise or reward may not be made as an inducement to answer any questions. Internal Affairs 52.1 Page 13 of 18 (g) The formal interrogation of a law enforcement officer or correctional officer, including all recess periods, must be recorded on audio tape, or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be no unrecorded questions or statements. Upon the request of the interrogated officer, a copy of any recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said interrogation. (h) If the law enforcement officer or correctional officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he or she shall be completely informed of all his or her rights before commencing the interrogation. (i) At the request of any law enforcement officer or correctional officer under investigation, he or she has the right to be represented by counsel or any other representative of his or her choice, who shall be present at all times during the interrogation whenever the interrogation relates to the officer's continued fitness for law enforcement or correctional service. (j) Notwithstanding the rights and privileges provided by this part, this part does not limit the right of an agency to discipline or to pursue criminal charges against an officer. (2) COMPLAINT REVIEW BOARDS. - A complaint review board shall be composed of three members: One member selected by the chief administrator of the agency or unit; one member selected by the aggrieved officer; and a third member to be selected by the other two members. Agencies or units having more than 100 law enforcement officers or correctional officers shall utilize a fivemember board, with two members being selected by the administrator, two members being selected by the aggrieved officer, and the fifth member being selected by the other four members. The board members shall be law enforcement officers or correctional officers selected from any state, county, or municipal agency within the county. There shall be a board for law enforcement officers and a board for correctional officers whose members shall be from the same discipline as the aggrieved officer. The provisions of this subsection shall not apply to sheriffs or deputy sheriffs. (3) CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR CORRECTIONAL OFFICERS.--Every law enforcement officer or correctional officer shall have the right to bring civil suit against any person, group of persons, or organization or corporation, or the head of such organization or corporation, for damages, either pecuniary or otherwise, suffered during the performance of the officer's official duties, for abridgment of the officer's civil rights arising out of the officer's performance of official duties, or for filing a complaint against the officer which the person knew was false when it was filed. This section does not establish a separate civil action against the officer's employing law enforcement agency for the investigation and processing of a complaint filed under this part. Internal Affairs 52.1 Page 14 of 18 (4) NOTICE OF DISCIPLINARY ACTION. – (a) A dismissal, demotion, transfer, reassignment, or other personnel action that might result in loss of pay or benefits or that might otherwise be considered a punitive measure may not be taken against any law enforcement officer or correctional officer unless the law enforcement officer or correctional officer is notified of the action and the reason or reasons for the action before the effective date of the action. (b) Notwithstanding s. 112.533(2), whenever a law enforcement officer or correctional officer is subject to disciplinary action consisting of suspension with loss of pay, demotion, or dismissal, the officer or the officer's representative shall, upon request, be provided with a complete copy of the investigative file, including the final investigative report and all evidence, and with the opportunity to address the findings in the report with the employing law enforcement agency before imposing disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. The contents of the complaint and investigation shall remain confidential until such time as the employing law enforcement agency makes a final determination whether or not to issue a notice of disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. This paragraph does not provide law enforcement officers with a property interest or expectancy of continued employment, employment, or appointment as a law enforcement officer. (5) RETALIATION FOR EXERCISING RIGHTS. - No law enforcement officer or correctional officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his or her employment or appointment, or be threatened with any such treatment, by reason of his or her exercise of the rights granted by this part. (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS. (a) Except as provided in this subsection, disciplinary action, suspension, demotion, or dismissal may not be undertaken by an agency against a law enforcement officer or correctional officer for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within 180 days after the date the agency receives notice of the allegation by a person authorized by the agency to initiate an investigation of the misconduct. If the agency determines that disciplinary action is appropriate, it shall complete its investigation and give notice in writing to the law enforcement officer or correctional officer of its intent to proceed with disciplinary action, along with a proposal of the specific action sought, including length of suspension, if applicable. Notice to the officer must be provided within 180 days after the date the agency received notice of the alleged misconduct, except as follows: Internal Affairs 52.1 Page 15 of 18 1. The running of the limitations period may be tolled for a period specified in a written waiver of the limitation by the law enforcement officer or correctional officer. 2. The running of the limitations period is tolled during the time that any criminal investigation or prosecution is pending in connection with the act, omission, or other allegation of misconduct. 3. If the investigation involves an officer who is incapacitated or otherwise unavailable, the running of the limitations period is tolled during the period of incapacitation or unavailability. 4. In a multijurisdictional investigation, the limitations period may be extended for a period of time reasonably necessary to facilitate the coordination of the agencies involved. 5. The running of the limitations period may be tolled for emergencies or natural disasters during the time period wherein the Governor has declared a state of emergency within the jurisdictional boundaries of the concerned agency. 6. The running of the limitations period is tolled during the time that the officer's compliance hearing proceeding is continuing beginning with the filing of the notice of violation and a request for a hearing and ending with the written determination of the compliance review panel or upon the violation being remedied by the agency. (b) An investigation against a law enforcement officer or correctional officer may be reopened, notwithstanding the limitations period for commencing disciplinary action, demotion, or dismissal, if: 1. Significant new evidence has been discovered that is likely to affect the outcome of the investigation. 2. The evidence could not have reasonably been discovered in the normal course of investigation or the evidence resulted from the pre-disciplinary response of the officer. Any disciplinary action resulting from an investigation which is reopened pursuant to this paragraph must be completed within 90 days after the date the investigation is reopened. Internal Affairs 52.1 Page 16 of 18 ADDENDUM B: CHAPTER 112 112.534 Failure to comply; official misconduct. (1) If any law enforcement agency or correctional agency, including investigators in its internal affairs or professional standards division, or an assigned investigating supervisor, intentionally fails to comply with the requirements of this part, the following procedures apply. For purposes of this section, the term "law enforcement officer" or "correctional officer" includes the officer's representative or legal counsel, except in application of paragraph (d). (a) The law enforcement officer or correctional officer shall advise the investigator of the intentional violation of the requirements of this part which is alleged to have occurred. The officer's notice of violation is sufficient to notify the investigator of the requirements of this part which are alleged to have been violated and the factual basis of each violation. (b) If the investigator fails to cure the violation or continues the violation after being notified by the law enforcement officer or correctional officer, the officer shall request the agency head or his designee be informed of the alleged intentional violation. Once this request is made, the interview of the officer shall cease, and the officer's refusal to respond to further investigative questions does not constitute insubordination or any similar type of policy violation. (c) Thereafter, within 3 working days, a written notice of violation and request for a compliance review hearing shall be filed with the agency head or designee which must contain sufficient information to identify the requirements of this part which are alleged to have been violated and the factual basis of each violation. All evidence related to the investigation must be preserved for review and presentation at the compliance review hearing. For purposes of confidentiality, the compliance review panel hearing shall be considered part of the original investigation. (d) Unless otherwise remedied by the agency before the hearing, a compliance review hearing must be conducted within 10 working days after the request for a compliance review hearing is filed, unless, by mutual agreement of the officer and agency or for extraordinary reasons, an alternate date is chosen. The panel shall review the circumstances and facts surrounding the alleged intentional violation. The compliance review panel shall be made up of three members: one member selected by the agency head, one member selected by the officer filing the request, and a third member to be selected by the other two members. The review panel members shall be law enforcement officers or correctional officers who are active from the same law enforcement discipline as the officer requesting the hearing. Panel members may be selected from any state, county, or municipal agency within the county in which the officer works. The compliance review hearing shall be conducted in the county in which the officer works. Internal Affairs 52.1 Page 17 of 18 (e) It is the responsibility of the compliance review panel to determine whether or not the investigator or agency intentionally violated the requirements provided under this part. It may hear evidence, review relevant documents, and hear argument before making such a determination; however, all evidence received shall be strictly limited to the allegation under consideration and may not be related to the disciplinary charges pending against the officer. The investigative materials are considered confidential for purposes of the compliance review hearing and determination. (f) The officer bears the burden of proof to establish that the violation of this part was intentional. The standard of proof for such a determination is by a preponderance of the evidence. The determination of the panel must be made at the conclusion of the hearing, in writing, and filed with the agency head and the officer. (g) If the alleged violation is sustained as intentional by the compliance review panel, the agency head shall immediately remove the investigator from any further involvement with the investigation of the officer. Additionally, the agency head shall direct an investigation be initiated against the investigator determined to have intentionally violated the requirements provided under this part for purposes of agency disciplinary action. If that investigation is sustained, the sustained allegations against the investigator shall be forwarded to the Criminal Justice Standards and Training Commission for review as an act of official misconduct or misuse of position. (2)(a) All the provisions of s. 838.022 shall apply to this part. (b) The provisions of chapter 120 do not apply to this part. Internal Affairs 52.1 Page 18 of 18