Sheriff's Policy Manual - Investigative Misconduct PDF

SHERIFF’S POLICY MANUAL 9.6 INVESTIGATIVE MISCONDUCT: This policy applies only to deputy sheriffs and detention deputies. A. If investigators in Internal Affairs or an assigned investigating supervisor intentionally fails to comply with statutory require...

SHERIFF’S POLICY MANUAL 9.6 INVESTIGATIVE MISCONDUCT: This policy applies only to deputy sheriffs and detention deputies. A. If investigators in Internal Affairs or an assigned investigating supervisor intentionally fails to comply with statutory requirements for conducting investigations of deputies who are accused of misconduct and are subject to disciplinary action, the following procedures apply: 1. The deputy under investigation or his or her representative shall advise the investigator of the intentional violation of BSO and/or statutory requirements which are alleged to have occurred. This notice of violation to the investigator along with the factual basis of each violation is sufficient notification of the requirements. 2. If the investigator fails to cure the violation or the violation continues after being notified, the deputy or his or her representative shall request the Sheriff or designee be informed of the alleged violation. Once this request is made, all investigative action should cease until alleged violation is resolved. The deputy’s refusal to respond to further investigative questions does not constitute insubordination or any similar type of policy violation. 3. Within three working days, the deputy or the deputy’s representative will submit a written notice of violation and a request for a compliance review hearing to the Sheriff or designee. The notice must contain sufficient information to identify the requirements of the parts of the investigation which have allegedly been violated and the factual basis of each violation. 4. All evidence related to the investigation must be preserved for review and presentation at the compliance review hearing. 5. For purposes of confidentiality, the compliance review panel hearing shall be considered part of the original investigation. B. Compliance Review Hearing: Unless otherwise remedied by the agency before the hearing, a compliance review hearing must be conducted within ten (10) working days after the request for a compliance review hearing is filed, unless, by mutual agreement of the deputy and agency or for extraordinary reasons, an alternate date is chosen. Reviewed: 03/23/2016 Revised: 09/12/2016 Rescinds: 11/05/2009 Effective: 09/26/2016 9.6 Page 1 of 4  SHERIFF’S POLICY MANUAL C. Compliance Review Panel: The Compliance Review Panel shall review the circumstances and facts surrounding the alleged intentional violation. 1. The compliance review panel shall be made up of three members: a. One member selected by the agency b. One member selected by the deputy filing the request c. One member selected by the other two members d. The review panel members shall be law enforcement or detention deputies who are active from the same discipline as the deputy requesting the hearing. Panel members may be selected from any state, county or municipal agency within the county in which the deputy works. 2. The compliance review hearing shall be conducted in Broward County. 3. It is the responsibility of the compliance review panel to determine whether or not the investigator or the agency intentionally violated statutory requirements while investigating the deputy under investigation for misconduct and subject to disciplinary action. 4. The compliance review panel may hear evidence, review relevant documents and hear arguments before making 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 deputy. The investigative materials are considered confidential for purposes of the compliance review hearing and determination. 5. The deputy bears the burden of proof to establish that the violation was intentional. The standard of proof for such a determination is by a preponderance of the evidence. 6. The determination of the panel must be made at the conclusion of the hearing, in writing, and filed with the Sheriff and the deputy. D. If the alleged violation is sustained by the compliance review panel as intentional, the following procedures will apply: Reviewed: 03/23/2016 Revised: 09/12/2016 Rescinds: 11/05/2009 Effective: 09/26/2016 9.6 Page 2 of 4  SHERIFF’S POLICY MANUAL 1. The Sheriff or designee shall immediately remove the investigator from further involvement with the investigation of the deputy. 2. An investigation will be initiated against the investigator determined to have intentionally violated the statutory requirements for conducting an investigation of misconduct by a deputy. 3. The allegation shall be forwarded to the Criminal Justice Standard and Training Commission for review as an act of official misconduct or misuse of position. Reviewed: 03/23/2016 Revised: 09/12/2016 Rescinds: 11/05/2009 Effective: 09/26/2016 9.6 Page 3 of 4  SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK Reviewed: 03/23/2016 Revised: 09/12/2016 Rescinds: 11/05/2009 Effective: 09/26/2016 9.6 Page 4 of 4