GO 1-10.0 Allegations of Misconduct.pdf

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 SUBJECT: Allegations of Misconduct AMENDS: None I. II. III. IV. V. VI. VII. VIII. IX. X. APPROVAL: NUMBER: Dale Coleman Chief of Police GO 1-10.0 REFERENCE: City Personnel Policy Manual and CFA Chapters 2, 7, and 20 RESCINDS: None XI....

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 SUBJECT: Allegations of Misconduct AMENDS: None I. II. III. IV. V. VI. VII. VIII. IX. X. APPROVAL: NUMBER: Dale Coleman Chief of Police GO 1-10.0 REFERENCE: City Personnel Policy Manual and CFA Chapters 2, 7, and 20 RESCINDS: None XI. PURPOSE POLICY DEFINITIONS COMPLAINTS SUPERVISOR INQUIRY PROCEDURE INTERNAL INVESTIGATION PROCEDURE APPEALS RECORDS CONFIDENTIAL NATURE OF INVESTIGATIONS WHEN A MEMBER’S ACTION RESULTS IN DEATH OR SERIOUS BODILY INJURY RELIEF FROM DUTY I. PURPOSE The purpose of this order is to establish guidelines for reporting, recording, and investigating allegations of misconduct by members of the Oviedo Police Department. II. POLICY It is the policy of the Oviedo Police Department to require all members to comply with all written directives, abide by the law, and to act in accordance with the law enforcement Canon of Ethics and the City Code of Conduct. Oviedo Police Department GO 1-10.0 Allegations of Misconduct Page 2 of 13 The department will maintain integrity through procedures which ensure the prompt and thorough investigation of alleged or suspected misconduct, violation of law, violation of written directives, or any other matter which may affect the efficient operation of the department. The department shall maintain a uniform system for taking appropriate actions, such as counseling, remedial training, and/or disciplinary action to prevent misconduct or invoke discipline when misconduct is identified. III. DEFINITIONS A. Complaint: An allegation of misconduct, violation of law, or department written directives committed by any member of the department. B. Corrective Action: A management tool of an educational nature, utilized to bring a subordinate’s behavior or conduct into conformity with department standards. Examples include remedial training and counseling. C. Counseling Session: A meeting between a supervisor and a subordinate to document corrective actions taken or discussed concerning an incident that does not rise to the level of a complaint as serious in nature as defined in Internal Inquiry. Typically, such counseling involves mistakes or minor procedural violations best handled at the supervisory level. Counseling may involve discussing and remedying misunderstandings of department written directive or state law. Each counseling session will be documented on a “Counseling Session” form. D. Discipline: An administrative action taken against a member, intended as punitive and imposed to correct and control violations of prescribed conduct. E. Disciplinary Actions: Verbal Reprimand; Written Reprimand, Suspension; Demotion; or Dismissal. F. Misconduct: A violation of any department written directive governing conduct of department members; The following are examples but not inclusive of all potential violations: use of unnecessary or excessive force; the conviction of any criminal offense; abuse of authority; conduct which violates a person’s civil rights; abusive or insulting language or conduct which is derogatory of a person’s race, religion, sex, national origin, or sexual preference; sexual harassment; or intimidation or retribution toward a complainant or witness involved in any complaint proceeding. G. Supervisor Inquiry: An investigation into an allegation or violation of department written directives or misconduct that is not likely to result in discipline. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct IV. Page 3 of 13 H. Internal Inquiry: An investigation into an allegation or direct violation of law or of a department written directive or as directed by the Chief of Police. The investigation of an Internal Inquiry produces an Internal Investigation Report which may result in a recommendation of discipline or require further investigation. I. Internal Investigation Report: A report by the investigator to the Chief of Police detailing the results of an assigned administrative investigation. J. Findings or Conclusion of Fact: A finding or conclusion of fact is an opinion rendered to summarize an investigation or inquiry. 1. Sustained – A preponderance of the evidence obtained in the investigation established that the accused person’s actions constituted misconduct. 2. Not Sustained – The investigation failed to disclose sufficient evidence to prove or disprove the allegations made in the complaint. 3. Unfounded – The investigation revealed that the act did not occur or the allegation was without merit. 4. Exonerated – A preponderance of evidence established that the act(s) did not occur; the member named in the complaint was not involved in the alleged misconduct; or the act(s) that provided the basis for the complaint occurred, however the investigation revealed that such act(s) was justified, lawful, or proper. 5. Policy Failure – The conduct of the member was improper; however, no specific policy was violated. This finding may necessitate a revision of policy. COMPLAINTS A. When an individual wishes to make a complaint against a member of the Oviedo Police Department, the complaint may be made in person, by telephone, or in writing. 1. Complaints made by telephone, email, or in person will be directed to the affected member’s supervisor. If unavailable, the on-duty patrol supervisor will accept the complaint. If an ASL is supervising and no higher-ranking member is on-duty, the ASL will accept the complaint. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct 2. Page 4 of 13 Complaints received by mail are to be forwarded to the Professional Standards Lieutenant. B. If the complainant does NOT want to disclose who the complaint is against, he/she shall still be afforded the opportunity to make the complaint. C. If the complainant wishes to remain anonymous, the information they provide shall serve as a lead for the investigation. D. Upon initial contact with a complainant, a supervisor may determine that the complaint does not involve improper conduct. In this case, supervisors are authorized to resolve the complaint to the satisfaction of the complainant if possible, by: E. 1. Resolving any misunderstanding leading to the complaint; 2. Correcting any deficiencies; and/or 3. Counseling the member regarding the reason for the complaint. If a complaint cannot be resolved during the initial contact with the complainant, the formal complaint process will be initiated: 1. The supervisor handling the complaint shall request that the complainant complete the “Citizens Complaint” form and sign upon completion. If the complainant refuses to sign the completed form, the supervisor will write “refused” on the signature line. The supervisor will also sign the form as receipt of the complaint. 2. If the complainant does not wish to fill out the complaint form, the supervisor taking the complaint shall fill out the form. 3. If the complainant claims to have been injured as the result of an improper action by a member of the department, photographs of the injuries (or lack of injury) will be taken. 4. The complainant is to be informed that upon conclusion of the investigation, the department will send the complainant a letter or email describing the finding(s) and disposition(s) of the inquiry. 5. The supervisor shall then complete an “Internal Investigative Complaint” form and submit it along with the completed “Citizens Complaint” form, and any other evidence and/or supporting documentation to the Chief of Police with a copy forwarded to the member’s division Deputy Chief. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct F. Page 5 of 13 Supervisors taking complaints may investigate and try to resolve the complaint when it involves one of the allegations listed below: 1. 2. 3. 4. 5. 6. 7. 8. Rudeness; Use of obscene or profane language; Refusal to identify oneself; Personal appearance; Improper operation of a vehicle; Failure to take appropriate action; Improper investigative procedures; or As directed by the Chief of Police. The supervisor shall meet with the member and document any counseling or corrective action taken. Each counseling session shall be documented on a “Counseling Session” form; a copy shall be retained as part of the supervisor’s notes and the original forwarded to the Professional Standards Lieutenant via the chain of command for retention and/or storage. G. Complaints involving acts of misconduct or an allegation listed below shall be forwarded to the Chief of Police. The Chief of Police shall review the complaint and determine if an internal inquiry is to be initiated or if it may be assigned as a supervisor inquiry. The Chief will then forward the information to the Professional Standards Lieutenant who will assign it the appropriate tracking number and forward it to the assigned investigator for investigation. The following are examples but not inclusive of all potential violations: 1. 2. 3. 4. 5. 6. 7. 8. 9. H. Violations of municipal or county ordinances; Violations of Florida Statutes; Violations of Federal law; Sexual harassment; Corruption; Excessive use of force; Issues of moral turpitude; Racial profiling or discrimination; and/or Compromise of sensitive information relative to an administrative or criminal investigation. ALL complaints, including those resolved at the supervisory level (counseling session) shall be documented. Supervisors taking the complaint shall document the complaint type, who it was against, and the complaint disposition (if resolved immediately) in their supervisor notes or forwarded to the affected member’s supervisor to be retained in their supervisor notes. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct V. Page 6 of 13 SUPERVISOR INQUIRY PROCEDURE A. Every incoming complaint, if not handled and resolved immediately, shall become a supervisory inquiry and follow the below procedures: B. The member’s supervisor shall conduct a Supervisory Inquiry. 1. Upon receiving a complaint to investigate, the supervisor shall contact the complainant to ascertain the facts of the incident. The supervisor will advise the complainant of the Supervisory Inquiry procedure. 2. Supervisors will utilize all sources of pertinent information including offense reports, body cam footage, etc. All pertinent material shall be forwarded as part of the completed supervisory inquiry. 3. The investigating supervisor shall make a determination as to whether a violation did occur. If a violation did occur that is likely to result in discipline, the investigating supervisor shall forward the supervisory inquiry through the chain of command to begin the internal inquiry procedure. If the violation did not occur or will not require discipline and can be resolved with corrective action then the supervisory inquiry will conclude & the complainant notified of the disposition. 4. The investigating supervisor will complete a summary of the inquiry utilizing the supervisor notes form and must include the alleged violation(s), details, and conclusion(s). 5. When a member is notified that he/she is the subject of a supervisory inquiry, he/she is notified in writing of the nature of the allegations and provided with their rights and responsibilities relative to the investigation. 6. The completed supervisory inquiry will be forwarded via the chain of command to the division Deputy Chief for review. The Deputy Chief may return the Supervisory Inquiry to the investigating supervisor if additional information or further investigation is necessary. 7. During a Supervisory Inquiry, if a determination is made that the complaint involves a violation of law or serious misconduct, the supervisor is to forward the complaint to the Professional Standards Lieutenant for review and possible reclassification by the Chief as an Internal Inquiry. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct VI. Page 7 of 13 INTERNAL INVESTIGATION PROCEDURE A. Notifications 1. Members shall be notified when they are the subject of an internal investigation at the earliest opportunity, given investigative considerations. Sworn members shall be given a copy of the following: a. b. c. d. e. 2. B. Internal Investigative Complaint Form; Citizens Complaint Form, when applicable; Notification of Principal Employee; Law Enforcement Officers Bill of Rights; and Law or written directive alleged to have violated. When notified of an inquiry, members shall be issued written notification of the allegation(s) and their rights and responsibilities relative to the investigation. The notification shall include an instruction not to discuss the allegation(s) or facts of the inquiry with anyone other than a representative, attorney, or the assigned investigator. Interviews The investigator is responsible for conducting interviews with any and all witnesses utilizing the “Interview of Complainant and/or Witness” form. Whenever possible, the investigator will interview the complainant and witnesses prior to interviewing the principal member(s). All interviews are to be recorded utilizing an audio recording device or bodyworn camera. C. Interview of Principal Members Sworn statements from principal member(s) – those accused of misconduct or violations of written directives are taken pursuant with FSS Chapter 112 utilizing the following process: 1. A member who is a principal of an investigation shall be informed of the nature of the complaint and the name of the complainant. 2. Statements shall be obtained from all identifiable witnesses prior to obtaining a statement from a principal member, whenever possible. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct D. Page 8 of 13 3. Before a statement is obtained from a principal member, that member will be allowed to review all complainant and witness statements (including those of other principal members) and other existing evidence. In the event there is more than one principal member, the order in which the principal members will be interviewed shall be determined by the assigned investigator. 4. A principal member shall be provided copies of the “Garrity Statement” form and the “FSS Chapter 837 Perjury” form and a signed copy of each form shall be retained in the file. 5. The investigator shall conduct a recorded interview of the principal member utilizing an “Interview of Principal Employee” form. 6. When a principal member requests to consult with a representative before an interview, or have a representative present during an interview, a reasonable amount of time shall be afforded to the principal member to make the necessary arrangements. The principal member and/or the representative shall be allowed to record interview sessions. 7. When requested, the principal member shall be provided with a copy of his/her statement within seventy-two (72) hours of the taking of that statement. 8. If during the course of the inquiry the facts suggest a violation of law or serious violation of a department directive, the supervisor conducting the investigation shall bring the pertinent facts to the attention of the division Deputy Chief and recommend that the inquiry be forwarded to the Chief of Police for reassignment to the Professional Standards Lieutenant. Evidence Collection The collection of evidence in investigations directed toward members of the department shall follow the following guidelines: 1. A member may be required to be photographed or participate in a line-up when it is material to a particular offense or investigation. 2. Members may be required to submit financial disclosure statements when the particular investigation involves questions of a financial nature. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct E. Page 9 of 13 3. Members may be required to submit to medical or laboratory procedures, such as testing for illegal drugs, related to particular investigations. 4. No member shall be required to submit to instruments for the detection of deception during questioning. However, there shall be no restriction on the right of a member to submit to such device voluntarily. 5. The member’s immediate family shall not be required to give statements in administrative investigations, but may volunteer such statements. When an immediate family member is also employed by the City of Oviedo, that individual may be required to give a statement. 6. A member of the department shall not be required to subject their residence, place of private business, or personally-owned vehicle to search, unless a valid search warrant has been obtained or the member voluntarily agrees. 7. Issued or assigned workspaces or lockers may be subject to search based on reasonable suspicion when related to a particular investigation. Issued or assigned vehicles and/or equipment may be subject to inspection or search by a supervisor at any time for any reason. Internal Investigation Report Once the internal inquiry is completed, the investigator is responsible for reporting the findings in a memorandum to the Chief of Police via the chain of command, in the following format: 1. Synopsis – A brief summary of the allegation(s) which resulted in the complaint being generated. 2. Details of the Investigation – The details and facts established and documented by the investigation. Details and facts are to be documented thoroughly, in chronological order, to address each point of the alleged violation(s) in a fair and impartial manner. 3. Conclusion – Conclusions regarding each allegation will be based on a preponderance of the facts, sworn statements, and evidence established. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct 4. Recommendation of Disposition(s): a. At the conclusion of the investigation, the assigned investigator shall submit the Internal Investigation Report with an “Internal Investigation Report Cover Sheet.” The cover sheet is a written summary of each allegation alleged, and the disposition recommended for each violation. b. Recommendations are to be made as follows: (1) (2) (3) (4) (5) c. 5. Page 10 of 13 Sustained; Not-Sustained; Unfounded; Exonerated; or Policy Failure The investigator will forward the Internal Investigation Report to the division Deputy Chief of the affected member and the Chief of Police via the chain of command with the recommended finding(s) and disposition(s) documented in both the report narrative and “Internal Investigation Report Cover Sheet.” For any investigation that results in a sustained violation of FSS 943.13(4) or (7), or Rule 11B-27.0011 Florida Administrative Code, the department shall submit CJSTC Form #78 to the Florida Department of Law Enforcement (FDLE) Criminal Justice Professionalism Program within forty-five (45) days of the date that the allegation is sustained. The Professional Standards Lieutenant shall ensure that the CJSTC Form #78 is completed and sent to FDLE, along with any other required documentation. Moral character violations are listed and defined under Rule 11B27.0011, Florida Administrative Code. F. During the investigation and processing of internal investigative complaints, the confidentiality of these records will be strictly maintained in accordance with Florida State Statutes. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct G. VII. Page 11 of 13 When a final disposition of any internal investigation has been rendered by the Chief of Police, the investigation becomes a public record. Both the complainant and the affected member will be provided with written notification of the conclusion of the inquiry stating the findings and disposition of each allegation. The completed investigation will be available for release to any requesting party in accordance with established public records laws. APPEALS Any appeals of disciplinary action to include termination shall be handled in accordance with the City of Oviedo Personnel Policy Manual and the current collective bargaining agreement. VIII. IX. RECORDS A. Records shall be maintained in accordance with Florida State Statutes and the Florida Records Retention Schedule GS1-SL. B. Following the completion of the Internal Investigation Report and the conclusion of the discipline process and any applicable appeal or related process, the Internal Investigation Report and all associate evidence shall be forwarded to Professional Standards for retention. All records shall be maintained in a secure manner by Professional Standards. CONFIDENTIAL NATURE OF INVESTIGATIONS Members of the department who are participants in an internal investigation, including the complainant, the principal member of the investigation, the investigator conducting the investigation, and any witnesses in the investigation shall not disclose any information obtained pursuant to the department’s investigation including, but not limited to, the identity of the member under investigation, the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of the department, before such complaint, document, action, or proceeding becomes a public record. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct X. Page 12 of 13 WHEN A MEMBER’S ACTION RESULTS IN DEATH OR SERIOUS BODILY INJURY When a member’s action(s) result in a death or serious bodily injury (e.g. use of force incident, vehicle crash, etc.), the following actions shall be taken: A. A report shall be completed detailing the incident. 1. If the actions were the result of a use of force incident, all steps as outlined in GO 8-1 Response to Resistance shall be completed. 2. If the actions were the result of a vehicle crash, the appropriate crash forms shall be completed. 3. If the death or injury was the result of some other action/incident, the appropriate café report type shall be completed detailing the incident. NOTE: The member whose actions resulted in the death or serious bodily injury will not complete any written reports or use of force forms until a preliminary administrative review is concluded. B. The department member shall be removed from their job assignment until a preliminary administrative review is conducted. The removal from job assignment shall be documented in a memorandum and provided to the affected member. C. A preliminary administrative review of the incident/actions of the member shall be conducted or assigned by the Chief of Police, or as determined by overriding authority (e.g. FDLE for officer involved shooting). Once the review is concluded, the Chief of Police may determine a return date of the member to their job assignment. D. Following the conclusion of any criminal investigation involving a death or serious bodily injury, the Chief of Police will assign a command staff member to conduct a use of force review or member action review of the circumstances that led to the death or serious bodily injury. 1. For a death or serious bodily injury involving a use of force, the review shall determine whether the member’s application of force was appropriate. 2. For a death or serious bodily injury involving any other action, the review shall determine whether the member’s actions were appropriate. GO 1-10.0 Allegations of Misconduct Oviedo Police Department GO 1-10.0 Allegations of Misconduct Page 13 of 13 NOTE: The command staff review will not be assigned an internal investigation number unless there is evidence to indicate that a violation of department written directives led to the death or serious bodily injury. XI. RELIEF FROM DUTY A. The Chief of Police may relieve a member from duty pending determination of their fitness for duty or pending disposition of a supervisor’s inquiry or an internal inquiry. Relief from duty may be with or without pay. At the Chief’s discretion, a member may be reassigned to duty that is not related to the particular investigation. The member will be notified in a memorandum from the Chief of Police. B. Supervisors have the authority to temporarily relieve a subordinate member from duty for violations of law or department policy that may endanger the public (intoxication, mental illness, etc.) In the event this is necessary, the Chief of Police will be notified immediately. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 04-01-2021 __________________ DATE GO 1-10.0 Allegations of Misconduct