Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 9.1 EMPLOYEE COMPLAINT AND DISCIPLINARY PROCESS: [ACA 7E-01] A. A foundation of trust with the community is critical to the effectiveness of any public safety organization. In order to maintain this relationship, public...

SHERIFF’S POLICY MANUAL 9.1 EMPLOYEE COMPLAINT AND DISCIPLINARY PROCESS: [ACA 7E-01] A. A foundation of trust with the community is critical to the effectiveness of any public safety organization. In order to maintain this relationship, public employees are expected to maintain high ethical and moral standards. The employee complaint and disciplinary process serves to provide transparency and honesty when reviewing the actions of employees. B. The complaint and disciplinary process provides consistent, reasonable, and timely review of allegations of misconduct or violations of policy by ensuring fair and equitable procedures to maintain appropriate conduct by all employees to meet BSO’s obligations to the public it serves. [CALEA-C 3.6.5] C. When an employee’s actions violate or deviate from the Standards of Conduct or other applicable policies and procedures, a range of disciplinary action may be implemented to address the employee’s behavior. The disciplinary process is designed to: 1. Provide the public with a means to bring forth complaints against employees 2. Ensure a complete, thorough, and impartial investigation 3. Ensure a process that encourages transparency and accountability to the community 4. Respect the rights of employees and seek to vindicate or exonerate those wrongfully accused 5. Identify deficiencies and recommend training or discipline when appropriate [CALEA-C 3.6.5] 6. Identify inadequate policies or practices that may be improved upon to deliver high levels of service to the public 7. Comply with applicable federal and state laws, case law, relevant bargaining agreements, and accreditation standards D. Any section of this chapter that is in conflict with relevant collective bargaining agreements will be resolved in favor of the collective bargaining Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 1 of 24  SHERIFF’S POLICY MANUAL agreements for covered employees only. This may include any additional rights extended to covered employees by the Sheriff, negotiated and included in a collective bargaining agreement for the covered employees only, even if not specifically mentioned in this chapter. E. The Sheriff or designee retains the exclusive right to determine and administer discipline to managerial, exempt, and confidential employees up to and including termination and impose all other terms and conditions of employment. F. General: 1. Internal Affairs is vested with the responsibility and authority for all investigations of employee misconduct. All requests for an administrative investigation must be reviewed, and when appropriate, approved by the Internal Affairs Captain or designee. These investigations may be delegated to the employee’s command by the Captain of Internal Affairs or his designee. 2. Many elements of the disciplinary process are covered in bargaining agreements, state and federal laws and respective court decisions. A number of those elements are considered concurrently, while others depend solely on the employee’s job classification. For example, only employees represented by a collective bargaining agreement may claim benefits within that contract. Only deputy sheriffs, detention deputies, and firefighters are entitled to certain provisions of Florida Statute Chapter 112. All employees of any job classification may choose to participate in a “pre-disciplinary hearing.” It should be noted that any benefits available to an employee based on a job classification, may be extended to other employees, at the sole discretion of the Sheriff. [CALEA-C 3.6.7] 3. Recommendations for discipline (if any) of unrepresented employees will be made by the employee’s command. 4. The Internal Affairs Captain will be responsible for the overall operation of Internal Affairs and reports directly to the Inspector General, Bureau of Compliance and Accountability. However, as a situation may necessitate, the Internal Affairs Captain may report any Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 2 of 24  SHERIFF’S POLICY MANUAL complaints against the agency or employees directly to the Sheriff. [CALEA-C 1.4.2, CALEA-C 1.4.3] 5. Employees will cooperate with internal investigations as set forth in the Sheriff's Policy Manual and in accordance with the law. 6. In general terms, it is the intent of this policy to simplify the process of administering complaints of employee misconduct. For example, allegations will generally fall within two categories based on the severity of potential discipline, Category I and Category II infractions. a. Category I – violations with the potential to result in a Disciplinary Suspension of five days or less, or a written reprimand. These complaints may at the discretion of Internal Affairs be delegated to the employee’s command for investigation. Internal Affairs will continue to track the complaint and will process the investigation upon completion. b. Category II – violations of criminal offenses or discipline with the potential to result in a Disciplinary Suspension of six days or greater, loss/forfeiture of pay and benefits, demotion, and termination. These complaints will be investigated by Internal Affairs. G. Complaint Reception Procedure: [CALEA-C 1.4.5] 1. A complaint is defined as an allegation of misconduct by an employee, whether it involves a violation of policy and procedure, code of ethics, state or federal law, or other recognized standard of conduct. 2. Complaints will be reviewed by Internal Affairs and/or the employee’s command. If the preliminary investigation determines no violation of policy and/or law, no further action will be taken. Any other findings ill initiate an investigation per Florida Statutes and the Sheriff’s Policy Manual. 3. Complaints may be received by any means and need not be in writing. They may be taken in person or anonymously. They will be reviewed and forwarded to the appropriate entity for investigation. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 3 of 24  SHERIFF’S POLICY MANUAL 4. Complaint Initiation: [CALEA-C 1.4.5, CALEA-C 1.4.12,] a. Complaints may be received by any means, including, but not limited to: i. In-person. ii. Telephone. iii. Mail. iv. Electronic means. Note: Anonymous complaints will be accepted. b. A complaint of misconduct will be received by any employee; however, non-supervisory employees should immediately notify a supervisor or Internal Affairs of a complaint. Complaints may be taken using the BSO Employee Recognition/Complaint Form. A complaint form may be completed by the complainant or a BSO employee. c. No employee shall refuse or discourage a person from filing a complaint. d. Complaints received by mail will be placed in a sealed envelope along with the original envelope in which the complaint was received and forwarded to Internal Affairs for review. If the complaint is against an employee in the command where the correspondence was received and the complaint may be considered a Category I infraction, the command may initiate the follow-up. e. Complaints received by Regional Communications will either be taken over the telephone by a duty officer or directed to a shift supervisor nearest to the complainant (preferably a sergeant or lieutenant). The option will be up to the complainant, either to give the complaint over the phone, or meet with a supervisor. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 4 of 24  SHERIFF’S POLICY MANUAL f. A complainant requesting to speak to a supervisor will be interviewed as soon as is practical. g. The BSO Employee Recognition/Complaint Form will be available and conspicuously displayed in all public access areas of BSO facilities. [CALEA-C 1.4.12] h. The BSO supervisor or Internal Affairs investigator will complete the relevant forms associated with the complaint process, e.g., IA#11 Internal Affairs Complainant Affidavit or Citizen Contact in Blue Team or IAPro. i. A supervisor will note if there is evidence of impairment by the complainant (mental, emotional, drugs, alcohol, etc.) and why the supervisor suspects the impairment. j. It is fully understood that what might initially begin as a complaint could actually be a misunderstanding about BSO procedures or some other concern. It is incumbent upon the supervisor, if the complainant wishes to be interviewed, to learn the citizen's concerns and use discretion to determine the proper course of action. k. If a complaint can be handled verbally or in writing by a supervisor in a command, after appropriate review is conducted into the employee’s previous disciplinary record (if any), the supervisor should do so. If the supervisor believes further action is warranted, then the supervisor will complete a Citizen Contact in BlueTeam. When there is doubt, supervisors (and commands) will communicate with the Internal Affairs Division to work out a course of action. 5. Request for Internal Affairs Administrative Investigation: a. All investigations will be preceded by a request for an Internal Affairs Administrative Investigation which will be completed by a BSO supervisor or Internal Affairs investigator, via a Citizen Contact entry in Blueteam or IAPro, receiving the initial complaint of misconduct. Written complaints in any form submitted to any command will be attached to this submission. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 5 of 24  SHERIFF’S POLICY MANUAL b. The completed Citizen Contact entry, requesting the Internal Affairs Administrative Investigation, will be forwarded to Internal Affairs for processing, via chain of command as soon as possible, but no later than 7 days after receiving the complaint. c. All requests for Internal Affairs Investigations will be reviewed by the Internal Affairs Captain or designee, who upon approval will authorize the initiation of the investigation. d. Internal Affairs will generate the Personnel Complaint Control Form and will send a letter to the complainant. e. The Personnel Complaint Control Form, along with a copy of the employee's Internal Affairs history, and a memo to the employee will be sent to the investigator who is assigned the investigation. The memo will be given to the employee at the discretion of the investigator or commander, based on the nature of the investigation. H. Complaint Investigation Procedure: [CALEA-C 1.4.4] 1. Complaint Designation: a. All complaints received by Internal Affairs will be reviewed by the Internal Affairs Captain or designee. [CALEA-C 1.4.10,] b. After reviewing the complaint, and approving the initiation of an administrative investigation, Internal Affairs will provide written notification to the complainant acknowledging: i. Receipt of the complaint ii. That the investigation has commenced c. Category II infractions will be handled by Internal Affairs and Category I infractions may be delegated to the employee’s command for follow-up. If a conflict arises, Internal Affairs and Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 6 of 24  SHERIFF’S POLICY MANUAL commands will consult, but the final determination is vested with the Captain of Internal Affairs. 2. Investigation of Anonymous Allegation: Investigations and inquiries into alleged employee violations of law, policy, or procedures by an anonymous source which are unsubstantiated. a. Investigations will be classified as anonymous allegations if received by: i. Anonymous letter, fax, or correspondence. ii. Anonymous telephone call to a BSO facility or employee. iii. Other format where the complaint initiator is anonymous. b. A Citizen Contact will be initiated by IA if an anonymous allegation of misconduct is received. The source of the complaint will be documented as “Anonymous.” These complaints will be processed and investigated pursuant to the Sheriff’s Policy Manual and applicable laws. c. If an investigation shows evidence substantiating any portion of an allegation, the investigation will be updated to reflect the appropriate charge(s). d. If an investigation fails to substantiate a violation of law or policy, the violation classification will be reclassified as unfounded, not sustained, or exonerated. This classification will be denoted on the employee's history. 3. Employees will be given notification if complaints are lodged against them unless notification would compromise the investigative process or any law enforcement or internal investigation. If the complaint is considered a Category I infraction, the Captain of Internal Affairs will review the employee’s IA history, and if the complaint qualifies as Category I, information regarding an “Admit It and Move On” option will be attached to the written notification of the complaint. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 7 of 24  SHERIFF’S POLICY MANUAL Additionally, the district command may request, in writing, that Internal Affairs consider approving an investigation for an Admit it and Move On option. The Admit It and Move On option includes both IA cases investigated by Internal Affairs and command level investigations which may be available to the employee throughout the process, up to the pre- disciplinary hearing. If the “Admit It and Move On” option originates from an Internal Affairs assigned case the following steps will be followed: a. The case will be referred to the Captain of Internal Affairs for review. b. The Captain of Internal Affairs will review the case and if eligible, will forward the case to the respective command. c. The command will review the complaint and advise the employee of the “Admit It and Move On” option. d. If an employee accepts the “Admit It and Move On” option, the command will administer discipline, training, or corrective action, up to a written reprimand, utilizing the Disciplinary Action Recommendation (BSO A#18). e. If the employee accepts these terms, they will be notified that they are waiving their rights to appeal the disposition. 4. For the purposes of this policy, there are four options that subject employees may be given during a misconduct investigation. The type and method of statement, if taken, is to protect the rights of our employees, protect the agency, and preserve the integrity of cases of misconduct allegations against BSO employees. The type and method of statement is at the discretion of Internal Affairs, not the employee. a. A compelled statement is where the employee can be directed to answer questions during an administrative investigation for misconduct. Depending on job classification, FSS 112 may apply to taking compelled statements. An employee failing to answer a compelled statement may be charged with insubordination. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 8 of 24  SHERIFF’S POLICY MANUAL i. A compelled statement (i.e., Garrity) will not be taken from any employee by any supervisor, manager, or investigator (sworn or non-sworn) without consultation between the affected command and the Captain of Internal Affairs or designee. The decision to take a compelled statement during an investigation handled by Internal Affairs will be made by the Captain of Internal Affairs or designee. ii. For compelled statements taken in commands, an Internal Affairs investigator may be assigned to ensure that all laws, policies, and procedures are followed. It will be at the discretion of Internal Affairs to take a video recording of the compelled statement session. Further details appear later in this chapter. iii. A compelled statement does not refer to employees who may be witness to a criminal or other investigation in the course of their assigned duties. They may be instructed to complete a supplement to an event report outlining the “who, what, where, when, and how” of the incident which is consistent with the basic responsibilities or actions of an employee’s day-to-day responsibilities. b. An employee may receive a written invitation to participate in the misconduct investigation by providing a voluntary statement. The employee would waive any rights, including any entitlements by job classification under FSS 112 or those extended by the Sheriff. The employee has the right to decline the invitation or stop the interview at any time while in progress. Invitations may only be approved for issuance to an employee by the Captain of Internal Affairs or designee. c. An employee, through the employee’s attorney or representative, may make a proffer to Internal Affairs to provide information or evidence that is part of an on-going investigation. A proffer may also be used in conjunction with a criminal investigation (i.e., employee involved shooting), Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 9 of 24  SHERIFF’S POLICY MANUAL especially when time is of the essence and a supplement does not contain enough information. d. In the event an employee is not asked to provide a statement, the Captain of Internal Affairs or designee will determine if a case may be closed without a statement. This does not preclude the employee from providing information or evidence during a prediscipline hearing. 5. Incidents involving an employee that occur outside Broward County may be investigated by other agencies. The BSO Captain of Internal Affairs or designee will assist those agencies as appropriate. 6. Rights of Deputy Sheriffs and Detention Deputies Under Investigation: For the purposes of this section, a deputy is a law enforcement or corrections officer as defined by Florida Statutes (FSS 112). This procedure is statutory and applies only to deputy sheriffs and detention deputies. a. Whenever a deputy is under investigation for any reason which could lead to disciplinary action, demotion, or termination, the deputy will be entitled to the following rights and privileges: i. 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 deputy unless the deputy is notified of the action and the reason or reasons for the action before the effective date of the action. ii. The deputy under investigation must be informed of the nature of the investigation before any compelled statement begins, and he or she must be informed of the names of all complainants. iii. The deputy under investigation shall be informed of the rank and name of the person in charge of the investigation, name of the investigator taking the Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 10 of 24  SHERIFF’S POLICY MANUAL statement, and all those present during the compelled statement. iv. If the deputy under compelled statement is under arrest or likely to be placed under arrest, he or she will be completely informed of his or her rights before commencing the compelled statement. However, the procedures for conducting a criminal investigation and suspect statements will be applied when warranted. v. The deputy has the right to be represented by counsel or a representative of his or her choice, who shall upon request, be present at all times during the compelled statement. vi. The compelled statement of the deputy who is the subject of the complaint shall be conducted at a reasonable hour, preferably when the deputy is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. The location of the compelled statement, as designated by the investigator, shall be at the office of the investigator or the work location of the deputy under investigation. vii Whenever possible, investigators will obtain all witnesses statements prior to the interview of a deputy under internal investigation. viii. The complaint, all witness statements, including all other existing subject deputy statements, and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recording relating to the incident under investigation, must be provided to each subject deputy before the compelled statement investigative interview of the deputy begins. The deputy may waive this right at any time. ix. If a witness to an investigation is incarcerated and may be under the supervision of, or have contact with, the Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 11 of 24  SHERIFF’S POLICY MANUAL deputy under investigation, only the names and written statements of the complainant and non-incarcerated witnesses may be reviewed by the deputy immediately prior to the beginning of the compelled statement investigative interview. x. Compelled statement sessions shall be for reasonable periods and shall be timed to allow for personal necessities and rest periods. xi. The deputy under investigation 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. xii. The formal compelled statement including all recess periods, must be electronically recorded. There shall be no unrecorded questions or statements. Upon request, an electronic copy of the subject deputy’s compelled statement must be made available to the deputy within 72 hours of the statement, excluding holidays and weekends. xiii. A complete copy of the investigative file, including the final investigative report and all evidence will be provided to the deputy or the deputy’s representative, upon request, and with the opportunity to address the findings in the report before imposing disciplinary action consisting of disciplinary suspension with loss of pay, demotion, or dismissal. b. This section does not provide deputies with a property interest or expectancy of continued employment, employment, or appointment as a law enforcement or detention deputy, nor does it limit the right of the agency to discipline or pursue criminal charges against a deputy. 7. Rights of Federation of Public Employees Collective Bargaining Agreement (FOPE/CBA) Covered Civilian Employees While Under Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 12 of 24  SHERIFF’S POLICY MANUAL Investigation, International Union of Police Associations Professionals (IUPA Professionals/CBA) and International Union of Police Associations Supervisory Collective Bargaining Agreement (IUPA Supervisory /CBA) Covered Bargaining Unit Employee Investigation and Disciplinary Procedures: Whenever an FOPE/CBA, IUPA Professionals or IUPA Supervisory/CBA covered employee is under investigation for any reason which could lead to disciplinary action, demotion, or termination, the civilian employee will be entitled to the following rights and privileges: a. The employee will be informed of the rank and the name of the person in charge of the investigation. b. The employee will be informed of the nature of the investigation prior to any statement and informed of the names of all complainants. c. When reasonably possible, all witnesses will be interviewed, prior to the employee providing any statements. d. The employee will be provided reasonable time to review the complaint, documents and all witness statements prior to the beginning of any compelled statement session. e. The statement of all civilian employees will be recorded. There shall be no unrecorded questions or statements. f. The employee shall have the right to be represented by counsel or a representative of their choice. g. BSO will make every reasonable effort to complete investigations of employees within 180 days. 8. All statements, regardless of form, provided during the course of a complaint investigation shall be made under oath pursuant to Florida statutes. Any employee knowingly providing false statements during a complaint investigation may be subject to criminal prosecution and administrative action. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 13 of 24  SHERIFF’S POLICY MANUAL 9. 180 Day Rule: For the purposes of this section, a deputy is a law enforcement officer or correctional officer as defined by Florida Statutes. This rule is statutory and applies only to deputy sheriffs and detention deputies: a. Disciplinary action, disciplinary suspension, demotion, or dismissal may not be undertaken against a deputy 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 disciplinary action is appropriate, written notice will be provided to the deputy of the intent to proceed with disciplinary action, along with a proposal of the specific action sought including length of the disciplinary suspension, if applicable. Notice to the deputy must be provided within 180 days after the date the agency received notice of the alleged misconduct, except as follows: i. The running of the limitations period is tolled for a period specified in a written waiver of the limitation by the deputy. ii. The running of the limitations period may be tolled during the time that any criminal investigation or prosecution is pending in connection with the act, omission, or other allegation of misconduct. iii. If the investigation involves a deputy who is incapacitated or otherwise unavailable, the running of the limitations period is tolled during the period of incapacitation or unavailability. iv. 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. v. The running of limitation period may be tolled for emergencies or natural disasters during the time period Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 14 of 24  SHERIFF’S POLICY MANUAL wherein the Governor has declared a state of emergency within the jurisdictional boundaries of the concerned agency. vi The running of the limitations period is tolled during the time that the deputy’s compliance hearing proceeding is continuing, beginning with the filing of the notice of violation and a request for a hearing, and ending with a written determination of the compliance review panel or upon the violation being remedied. b. An investigation against a deputy may be reopened, notwithstanding the limitations period for commencing disciplinary action, demotion, or dismissal, if: i. Significant new evidence has been discovered that is likely to affect the outcome of the investigation. ii. The evidence could not have reasonably been discovered in the normal course of investigation or the evidence resulted from the predisciplinary response of the deputy. iii. Any disciplinary action resulting from an investigation that is reopened pursuant to this paragraph must be completed within 90 days after the date the investigation is reopened. c. The “180 Day Rule” is statutory and only applicable to deputies and no other BSO job classifications. The Sheriff has the sole discretion to extend this right and others within the chapter to other BSO classifications (i.e., through a collective bargaining agreement for covered employees only). 10. Investigative Protocol for Internal Affairs: Once assigned to an investigator, Internal Affairs investigations should be completed within 90 days. Investigations will be completed pursuant to relevant collective bargaining agreements, Florida Statutes, case law, and the Internal Affairs SOP, depending on the subject employee’s job classification. [CALEA-C 1.4.4] Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 15 of 24  SHERIFF’S POLICY MANUAL 11. Employee investigations remain open and confidential until final discipline is rendered. No participant including complainants, subject employees, investigators, and witnesses will disclose any information about the investigation until it is closed and is public record. 12. Investigators will use all available investigative resources to impartially determine the facts. 13. At the conclusion of all complaint investigations, the complainant and employee will receive written notification of the completed investigation. [CALEA-C 1.4.5 CFA 27.06] 14. The following is only applicable to deputy sheriffs and detention deputies: a. When agency personnel assigned the responsibility of investigating the complaint prepare an investigative report or summary, regardless of form, the person preparing the report shall, at the time the report is completed: i. Verify pursuant to Florida Statutes that the contents of the report are true and accurate based upon the person’s personal knowledge, information, and belief. ii. Pursuant to Florida Statute, include the following statements, sworn and subscribed: “I, the undersigned investigator, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.532 and 112.533, Florida Statutes.” “Under penalties of perjury, I declare that I have read the foregoing report consisting of ## pages, each of which has been initialed by this investigator, and that the facts stated in it are true to the best of my knowledge, information, and belief.” b. The requirements of paragraphs (a) and (b) shall be completed prior to the determination as to whether to proceed Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 16 of 24  SHERIFF’S POLICY MANUAL with disciplinary action or to file disciplinary charges. The requirements of paragraphs (a) and (b) do not apply to other BSO job classifications. 15. A complaint filed against a law enforcement or detention deputy and all information obtained pursuant to the investigation of the complaint is confidential and exempt from the provisions of the Florida Statutes until the deputy who is the subject of the complaint is given written notice, either personally or by mail, that the investigation ceases to be active or the investigation is concluded and final discipline is rendered, if applicable. I. Investigative Protocol at Command Level: [CALEA-C 9.1.4 ] 1. For the purposes of this chapter, districts, divisions, bureaus, and units are referred to as commands. 2. Commands will process and investigate complaints forwarded to them by Internal Affairs. 3. They will also process and investigate Category I complaints received at the command, providing they are not serious enough to warrant an investigation by Internal Affairs (i.e., recommended discipline will be a 5-day Disciplinary Suspension or less). An investigation by command will only be initiated with concurrence from the Captain of Internal Affairs. 4. Supervisors will make all reasonable efforts to allow employees with complaints to come forward without fear of retribution, indifference, or obstruction. 5. The command investigation will be conducted in accordance with BSO policy, applicable bargaining unit agreements, and local, state, and Federal law. 6. The command will assign a supervisor to conduct the investigation. Once assigned, the investigation must be completed within 60 days unless the Captain of Internal Affairs or designee grants an extension. Extensions must be requested and granted in writing, via memo or electronically. [CALEA-C 1.4.4] Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 17 of 24  SHERIFF’S POLICY MANUAL 7. The investigator will contact the complainant as soon as possible and obtain a sworn recorded statement or complete a Complainant Affidavit (BSO IA#11). If the complainant declines to provide either, this in and of itself should not keep an investigator from completing the investigation. 8. The investigator should endeavor to obtain sworn recorded statements or written affidavits from all witnesses when appropriate. This will include an area canvass to ensure all available witnesses to the incident are identified. If applicable, the investigator will make arrangements with Crime Scene to process the scene and/or obtain photographs of the victim or deputy's injuries. 9. The investigator will obtain all documents (Event Reports, supplements, Traffic Citations, medical records, etc.) pertaining to the incident. These documents should be reviewed for accuracy and relevance to the complaint. If relevant, these documents will become a part of the investigative file. 10. For deputy sheriffs and detention deputies only: pursuant to Florida Statutes, whenever possible, investigators will obtain all witnesses statements prior to the interview (compelled or not) of an accused deputy under internal investigation. The complaint and all witness statements must be provided to the subject deputy for their review before the compelled statement interview of the deputy begins. The deputy may waive the right at any time. 11. The investigator will obtain a sworn recorded statement from the subject employee during an interview. Interviews of deputy sheriffs and detention deputies will be conducted in accordance with the provisions outlined in SPM 9.1. H. Complaint Investigation Procedure. 12. The investigator will write a report, utilizing the IA report format, with specific reference made to the Internal Affairs case number assigned. This report will include a synopsis of the allegation(s), investigative efforts, and statements. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 18 of 24  SHERIFF’S POLICY MANUAL 13. The command will review the investigative report to ensure thoroughness and accuracy and based on sufficiency of the evidence render one of the following outcomes: Sustained, Not- Sustained, Unfounded, or Exonerated. The command will generate a transmittal memorandum to the Internal Affairs captain. The memorandum will articulate a brief synopsis of the investigation, recommended outcome, if applicable, recommended discipline, along with the justification for the outcome and recommended discipline. Additionally, a Disciplinary Action Recommendation (DAR) (BSO A#18) will be prepared, and the following steps will be completed: a. The DAR will include each specific sustained policy violation, and a recommendation for proposed discipline approved by the district/division command executive. Command will consult with the Captain of Internal Affairs prior to any recommendation of discipline so the employee’s discipline history may be reviewed to ensure the disciplinary process is consistent agency-wide (Section 1 of the DAR). b. In some cases, if the violation is deemed a Category I infraction, and with concurrence from the Captain of Internal Affairs or designee, the command may offer the employee an opportunity for an alternative disciplinary action, an “Admit It and Move On” option. The maximum discipline in this category will be limited to a written reprimand with no rights of appeal. c. The approved DAR will be forwarded to Internal Affairs for review. The Captain of Internal Affairs or designee will make a separate recommendation for proposed discipline (Section 2 of the DAR). d. Internal Affairs will forward the final discipline recommendation back to command, who will present the DAR to the employee. e. The employee will acknowledge only receiving a copy of the DAR and may request or waive a prediscipline hearing. f. If an “Admit It and Move On” option was offered with concurrence from Internal Affairs, the employee may accept the offer on the DAR (Section 3 of the DAR). Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 19 of 24  SHERIFF’S POLICY MANUAL g. Upon request, employees will be given an opportunity to be heard at a pre-discipline hearing with the Executive Director, Department of Professional Standards or designee. During the hearing employees may provide additional information including documents, explanations, and identification of other witnesses. The employee may also address concerns regarding the manner in which the investigation was conducted. 14. If no new, not previously considered, relevant information about the case is obtained from the prediscipline hearing, the recommended discipline will be sent to the Sheriff or designee for a final determination. 15. Upon the final determination, command will receive the DAR containing the final discipline, present it to the employee for their signature, and return the fully executed DAR back to Internal Affairs. 16. If the discipline is a five day Disciplinary Suspension or less, employees may contest the discipline within ten (10) calendar days (or in accordance with applicable collective bargaining agreements) by filing a written appeal with the Administrative Appeal Board, Department of Professional Standards, with a copy sent to the command imposing the discipline. The written appeal must specify the investigation's factual inconsistencies or discipline's inappropriateness relied upon by the employee. 17. If the discipline is a six day Disciplinary Suspension or greater, including demotions and terminations, command will send the completed investigative package to Internal Affairs and written request for presentation of the matter to the Professional Standards Committee through their Department Executive Director via chain of command. The remainder of the case will be processed by Internal Affairs in accordance with Internal Affairs standard operating procedures. 18. When the final discipline is approved, the command will impose the discipline. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 20 of 24  SHERIFF’S POLICY MANUAL J. Professional Standards Committee: For employees covered under a collective bargaining union agreement (except generally Department of Fire Rescue and Emergency Services firefighters and paramedics through the rank of Battalion Chief), investigations completed by Internal Affairs, with the exception of an Admit it and Move On, or command level investigations resulting in a recommendation of a disciplinary suspension for six days or greater, demotion or termination, and crashes involving a BSO assigned vehicles deemed as preventable, which involve an incapacitating injury or fatality, or for which the proposed discipline is a disciplinary suspension for six days or greater, will be presented to the Professional Standards Committee (PSC). The PSC will review and provide a recommendation for any policy and procedure violation in cases presented to it. All findings will be based on the preponderance of the evidence standard. It should be noted that not all represented Fire Rescue cases are excluded. There may be exceptions made on a case-by-case basis in consultation between the Department Executive Directors of Fire Rescue and Emergency Services and Professional Standards. 1. The PSC consists of the following 11 members: two administrative members from the Department of Law Enforcement, two administrative members from the Department of Detention DOCP, two administrative members from unrepresented departments selected by the Sheriff or designee, one employee union representative assigned via mutual agreement by labor representatives, and four non-employee members (residents) selected by the Sheriff or designee. The quorum required to hold a meeting is no less than five members. 2. The PSC limits its consideration to the investigative report and support documentation and will ensure that all investigative findings are supported by a preponderance of the evidence. No employee, representative, or witness may be present or heard, with the exception of the investigator at the discretion of the Executive Director, Department of Professional Standards. 3. Upon review of the investigation, PSC renders one of the following recommendations by majority vote: [FCAC 4.29] a. Sustained: Evidence sufficient to prove allegations. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 21 of 24  SHERIFF’S POLICY MANUAL b. Not Sustained: Insufficient evidence available to prove or disprove allegations. c. Exonerated: Alleged actions occurred but were lawful and proper. d. Unfounded: Allegations are false or not supported by facts. e. No further Action: Review of an incident subject to Internal Affairs investigation, and no policy violation is identified. f. Defer Case for More Information: Used if PSC determines there is insufficient factual evidence to render a decision. 4. Record of Proceedings: a. PSC hearings need not be recorded. b. PSC is not open to the public unless required by law. 5. Additional information on the PSC appears in the Internal Affairs Standard Operating Procedures. K. Review and Discipline: 1. Following a sustained recommendation by the PSC employees will be offered a pre-discipline hearing which is the employee's opportunity to be heard. The pre-discipline hearing will be conducted by the Executive Director, Department of Professional Standards or designee with the employee and employee's representative. The employee’s command may also be in attendance. The employee can waive the hearing and/or representation. 2. At the prediscipline hearing, the employee may provide additional information including documents, explanations and/or identification of other witnesses. The employee may also address concerns regarding the manner in which the investigation was conducted. 3. Subsequent to the prediscipline hearing, the Executive Director, Department of Professional Standards or designee may refer the Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 22 of 24  SHERIFF’S POLICY MANUAL matter for further investigation. Investigative results may be sent back to the Professional Standards Committee for reconsideration. 4. If no new, not previously considered, relevant information about the case is obtained from the prediscipline hearing, the Professional Standards Committee recommended discipline will be sent to the Sheriff or designee for a final determination. 5. At any time during the prediscipline hearing, the Sheriff or designee may offer, and the employee may elect to accept a negotiated disciplinary action and waive later appellate rights. 6. Final Review by Sheriff or Designee: a. The disciplinary process will not alter or affect in any manner current constitutional, statutory, or common law relationships between the Sheriff and employees. b. Sustained cases will be sent to the Sheriff or designee for final review. Pending extenuating circumstances, the Sheriff or designee reserves the right to modify recommended discipline. c. Upon review and the final determination by the Sheriff or designee, all cases will be returned to Internal Affairs for logging and dissemination of the final disposition and disciplinary action. d. Final dispositions will be sent, via chain of command, to the applicable command. e. Upon final approval from the Sheriff or designee, all disciplinary action will be imposed on the employee. 7. Appeal Process: Employees receiving disciplinary action may appeal in accordance with applicable bargaining unit agreements. 8. Termination Procedure: a. Termination of non-probationary employees for misconduct will be conducted in the Internal Affairs office. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 23 of 24  SHERIFF’S POLICY MANUAL b. Terminated employees will receive: [CALEA-C 3.6.8] i. A copy of the BSO AP#13 BSO Termination Form which will inform the terminated employee of: (1) The reason for termination. [FCAC 4.11] (2) The effective date of termination. [FCAC 4.11] (3) The right to submit a statement to Human Resources to contest the reason for termination (for inclusion in their personnel file). ii. A statement of the status of fringe and retirement benefits after termination. Reviewed: 02/26/2024 Revised: 04/08/2024 Rescinds: 03/09/2023 Effective: 05/02/2024 9.1 Page 24 of 24