Des Plaines Police Department Personnel Complaints PDF

Policy Des Plaines Police Department 1009 Des Plaines PD Policy Manual Personnel Complaints 1009.1 PURPOSE AND SCOPE This policy provides guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members of the Des Plaines Police Department. This policy shall...

Policy Des Plaines Police Department 1009 Des Plaines PD Policy Manual Personnel Complaints 1009.1 PURPOSE AND SCOPE This policy provides guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members of the Des Plaines Police Department. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of a member in the normal course of duty, by a supervisor or any other member, nor shall this policy apply to a criminal investigation. 1009.2 POLICY The Des Plaines Police Department takes seriously all complaints regarding the service provided by the Department and the conduct of its members. The Department will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state and local law, municipal and county rules and the requirements of any collective bargaining agreements. It is also the policy of this department to ensure that the community can report alleged misconduct without concern for reprisal or retaliation. 1009.3 PERSONNEL COMPLAINTS Personnel complaints include any allegation of misconduct or improper job performance that, if true, would constitute a violation of department policy or of federal, state or local law, policy or rule. Personnel complaints may be generated internally or by the public. Inquiries about conduct or performance that, if true, would not violate department policy or of federal, state or local law, policy or rule may be handled informally by a supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the response to specific incidents by the Department. 1009.3.1 COMPLAINT CLASSIFICATIONS Personnel complaints shall be classified in one of the following categories: Informal - A matter in which the Watch Commander is satisfied that appropriate action has been taken by a supervisor of rank greater than the accused member. Formal - A matter in which a supervisor determines that further action is warranted. Such complaints should be investigated by a supervisor of rank greater than the accused member or referred to the Command Staff, depending on the seriousness and complexity of the investigation. Incomplete - A matter in which the complaining party either refuses to cooperate or becomes unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or the Command Staff, such matters may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 1 Des Plaines Police Department Des Plaines PD Policy Manual Personnel Complaints 1009.3.2 SOURCES OF COMPLAINTS The following applies to the source of complaints: (a) Individuals from the public may make complaints in any form, including in writing, by email, in person or by telephone. (b) Any department member becoming aware of alleged misconduct by another department member shall immediately notify a supervisor. (c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action. (d) Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided. (e) Tort claims and lawsuits may generate a personnel complaint. 1009.4 DOCUMENTATION Supervisors shall ensure that all formal and informal complaints are documented on a complaint form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. See attachment: Personnel Complaint.pdf All complaints and inquiries should also be documented in a log that records and tracks complaints. The log shall include the nature of the complaint and the actions taken to address the complaint. On an annual basis, the Department should audit the log and send an audit report to the Chief of Police or the authorized designee. 1009.5 ADMINISTRATIVE INVESTIGATIONS Allegations of misconduct will be administratively investigated as follows. 1009.5.1 SUPERVISOR RESPONSIBILITIES In general, the primary responsibility for the investigation of a personnel complaint shall rest with the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor is the ultimate decision-maker regarding disciplinary action, or has any personal involvement regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that another supervisor investigate any complaint. A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation. The responsibilities of supervisors include but are not limited to: (a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed. 1. The original complaint form will be directed to the Commander of the accused member, via the chain of command, who will then notify the appropriate Deputy Chief or the Chief of Police in lieu of the Deputy Chief being unavailable. 2. In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 2 Des Plaines Police Department Des Plaines PD Policy Manual Personnel Complaints is at issue, a supervisor shall orally report the matter to the member's Deputy Chief or the Chief of Police, who will initiate appropriate action. (b) Responding to all complainants in a courteous and professional manner. (c) Resolving those personnel complaints that can be resolved immediately. (d) 1. Follow-up contact with the complainant should be made within 24 hours of the [Department/Office] receiving the complaint. 2. If the matter is resolved and no further action is required, the supervisor will note the resolution on a complaint form and forward the form to the Watch Commander. Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature, the Commander and Chief of Police or the Chief's designee are notified via the chain of command as soon as practicable. 1. This notification is required when there are allegations of a failure to intervene, unreasonable uses of force, perjury, tampering with evidence, or other categories required under state law. The Chief of Police or the authorized designee shall take steps to notify the Illinois Law Enforcement Training and Standards Board (ILETSB) within seven days of the [Department/Office] becoming aware of the allegations. After preliminary review by ILETSB, an investigation should be conducted, if necessary (50 ILCS 705/6.3). (e) Promptly contacting the Human Resources Division and the Watch Commander for direction regarding their roles in addressing a complaint that relates to sexual, racial, ethnic, or other forms of prohibited harassment or discrimination. (f) Forwarding unresolved personnel complaints to the appropriate Deputy Chief or the Chief of Police in lieu of the Deputy Chief being unavailable, who will determine whether to contact the complainant or assign the complaint for investigation. (g) Informing the complainant of the investigator's name and the complaint number within three days after assignment. (h) Investigating a complaint as follows: 1. Making reasonable efforts to obtain names, addresses, and telephone numbers of witnesses. 2. When appropriate, ensuring immediate medical attention is provided and photographs of alleged injuries and accessible uninjured areas are taken. (i) Ensuring that the procedural rights of the accused member are followed. (j) Ensuring interviews of the complainant are generally conducted during reasonable hours. 1009.5.2 ADMINISTRATIVE INVESTIGATION PROCEDURES Whether conducted by a supervisor or a member of the Internal Affairs Unit, the following applies to members covered by the Uniform Peace Officers’ Disciplinary Act: Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 3 Des Plaines Police Department Des Plaines PD Policy Manual Personnel Complaints (a) Interviews of an accused member shall be conducted during reasonable hours and preferably when the member is on-duty. If the member is off-duty, he/she shall be compensated (50 ILCS 725/3.3). (b) Unless waived by the member, interviews of an accused member shall be at the Des Plaines Police Department or other reasonable and appropriate place (50 ILCS 725/3.1). (c) The accused member shall be informed in writing of the interviewers and all persons who will be present on behalf of the Department during any interview. The accused member shall inform the Department of any person who will be present on his/her behalf during any interview (50 ILCS 725/3.4). (d) No more than two interviewers should ask questions of an accused member. (e) Prior to any interview, a member should be informed in writing of the nature of the investigation (50 ILCS 725/3.2). (f) All interviews should be for a reasonable period and the member's personal needs should be accommodated (50 ILCS 725/3.5). (g) No member should be subjected to offensive or threatening language, nor shall any promises, rewards, or other inducements be used to obtain answers (50 ILCS 725/3.6). (h) Any member refusing to answer questions directly related to the investigation may be ordered to answer questions administratively and may be subject to discipline for failing to do so. 1. A member should be given an order to answer questions in an administrative investigation that might incriminate the member in a criminal matter only after the member has been given a Garrity advisement and after the investigator has consulted with the prosecuting agency. Administrative investigators should consider the impact that compelling a statement from the member may have on any related criminal investigation and should take reasonable steps to avoid creating any foreseeable conflicts between the two related investigations. This may include conferring with the person in charge of the criminal investigation (e.g., discussion of processes, timing, implications). 2. No information or evidence administratively coerced from a member may be provided to anyone involved in conducting the criminal investigation or to any prosecutor. (i) The interviewer shall record all interviews of members and witnesses. The member may also record the interview. If the member has been previously interviewed, a copy of that recorded interview shall be provided to the member prior to any subsequent interview (50 ILCS 725/3.7). (j) No member shall be interviewed without first being advised in writing that admissions made in the course of the interview may be used as evidence of misconduct or as the basis for charges seeking suspension, removal, or discharge. In addition, no member shall be interviewed without first being advised in writing that he/she has the right to Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 4 Des Plaines Police Department Des Plaines PD Policy Manual Personnel Complaints counsel of his/her choosing, and that counsel may be present to advise him/her at any stage of any interview (50 ILCS 725/3.8). (k) All members subjected to interviews that could result in discipline have the right to have representation by counsel of the member's choosing and may request counsel at any time before or during an interview. When a request for counsel is made, the interview shall not proceed until a reasonable time and opportunity are provided to the member to obtain counsel. If a collective bargaining agreement requires the presence of a representative of the collective bargaining unit during investigations, the representative shall be present during the interview, unless this requirement is waived by the member being interviewed (50 ILCS 725/3.9). However, in order to maintain the integrity of each employee’s statement, involved employees shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. (l) All members shall provide complete and truthful responses to questions posed during interviews. (m) No member may be compelled to submit to a polygraph test, or any other test questioning by means of any chemical substance, except with the member’s express written consent. Refusal to submit to such tests shall not result in any disciplinary action nor shall such refusal be made part of his/her record (50 ILCS 725/3.11). (n) These provisions do not apply to any member charged with violating any provisions of the Criminal Code of 2012, or any other federal, state, or local criminal law (50 ILCS 725/5). 1009.5.3 ADMINISTRATIVE INVESTIGATION FORMAT Formal investigations of personnel complaints shall be thorough, complete and essentially follow this format: Introduction - Include the identity of the members, the identity of the assigned investigators, the initial date and source of the complaint. Synopsis - Provide a brief summary of the facts giving rise to the investigation. Summary - List the allegations separately, including applicable policy sections, with a brief summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation. Evidence - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of member and witness statements. Other evidence related to each allegation should also be detailed in this section. Conclusion - A recommendation regarding further action or disposition should be provided. Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report. 1009.5.4 DISPOSITIONS Each personnel complaint shall be classified with one of the following dispositions: Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 5 Des Plaines Police Department Des Plaines PD Policy Manual Personnel Complaints Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded. Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper. Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member. Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations. 1009.5.5 COMPLETION OF INVESTIGATIONS Every investigator or supervisor assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation within one year from the date of discovery by an individual authorized to initiate an investigation. 1009.5.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS The member conducting the investigation should provide the complainant with periodic updates on the status of the investigation, as appropriate. 1009.6 ADMINISTRATIVE SEARCHES Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be searched as part of an administrative investigation upon a reasonable suspicion of misconduct. Such areas may also be searched any time by a supervisor for non-investigative purposes, such as obtaining a needed report, radio or other document or equipment. 1009.7 ADMINISTRATIVE LEAVE When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the Department, the Chief of Police or the authorized designee may temporarily assign an accused employee to administrative leave. Any employee placed on administrative leave: (a) May be required to relinquish any department badge, identification, assigned weapons and any other department equipment. (b) Shall be required to continue to comply with all policies and lawful orders of a supervisor. (c) May be temporarily reassigned to a different shift, or be assigned to desk duty during the investigation. The employee may be required to remain available for contact at all times during such shift, and will report as ordered. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 6 Des Plaines Police Department Des Plaines PD Policy Manual Personnel Complaints 1009.8 CRIMINAL INVESTIGATION Where a member is accused of potential criminal conduct, a separate supervisor or investigator shall be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation. The Chief of Police shall be notified as soon as practicable when a member is accused of criminal conduct. The Chief of Police may request a criminal investigation by an outside law enforcement agency. A member accused of criminal conduct shall be provided with all rights afforded to a civilian. The member should not be administratively ordered to provide any information in the criminal investigation. The Des Plaines Police Department may release information concerning the arrest or detention of any member, including an officer, that has not led to a conviction. No disciplinary action should be taken until an independent administrative investigation is conducted. 1009.9 PRE-DISCIPLINE EMPLOYEE RESPONSE The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following: (a) The response is not intended to be an adversarial or formal hearing. (b) Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c) The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. (d) In the event that the Chief of Police elects to cause further investigation to be conducted, the employee shall be provided with the results prior to the imposition of any discipline. (e) The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials. 1009.10 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE In the event that a member tenders a written resignation or notice of retirement prior to the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 7 Des Plaines Police Department Des Plaines PD Policy Manual Personnel Complaints 1009.11 POST-DISCIPLINE APPEAL RIGHTS Non-probationary employees have the right to appeal a suspension without pay, punitive transfer, demotion, reduction in pay or step, or termination from employment. The employee has the right to appeal as provided by law or the applicable collective bargaining agreement (55 ILCS 5/3-8014; 65 ILCS 5/10-2.1-17; 65 ILCS 5/10-1-45). 1009.12 PROBATIONARY EMPLOYEES AND OTHER MEMBERS Probationary employees and members other than non-probationary employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy, and without notice or cause at any time. These individuals are not entitled to any rights under this policy. However, any of these individuals released for misconduct should be afforded an opportunity solely to clear their names through a liberty interest hearing, which shall be limited to a single appearance before the Chief of Police or the authorized designee. Any probationary period may be extended at the discretion of the Chief of Police in cases where the individual has been absent for more than a week or when additional time to review the individual is considered to be appropriate. 1009.13 RETENTION OF PERSONNEL INVESTIGATION FILES All personnel complaints shall be maintained in accordance with the established records retention schedule and as described in the Personnel Records Policy. 1009.14 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES Upon completion of a formal investigation, an investigation report should be forwarded to the Chief of Police through the chain of command. Each level of command should review the report and include his/her comments in writing before forwarding the report. The Chief of Police may accept or modify any classification or recommendation for disciplinary action. 1009.14.1 DEPUTY CHIEF RESPONSIBILITIES Upon receipt of any completed personnel investigation, the Deputy Chief of the involved member shall review the entire investigative file, the member's personnel file and any other relevant materials. The Deputy Chief may make recommendations regarding the disposition of any allegations and the amount of discipline, if any, to be imposed. Prior to forwarding recommendations to the Chief of Police, the Deputy Chief may return the entire investigation to the assigned investigator or supervisor for further investigation or action. When forwarding any written recommendation to the Chief of Police, the Deputy Chief shall include all relevant materials supporting the recommendation. Actual copies of a member's existing personnel file need not be provided and may be incorporated by reference. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 8 Des Plaines Police Department Des Plaines PD Policy Manual Personnel Complaints 1009.14.2 CHIEF OF POLICE RESPONSIBILITIES Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Deputy Chief for further investigation or action. Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the member with a written notice and the following: (a) Access to all of the materials considered by the Chief of Police in recommending the proposed discipline. (b) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice. 1. Upon a showing of good cause by the member, the Chief of Police may grant a reasonable extension of time for the member to respond. 2. If the member elects to respond orally, the presentation shall be recorded by the Department. Upon request, the member shall be provided with a copy of the recording. Once the member has completed his/her response or if the member has elected to waive any such response, the Chief of Police shall consider all information received in regard to the recommended discipline. The Chief of Police shall render a timely written decision to the member and specify the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of Police has issued a written decision, the discipline shall become effective. 1009.14.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT The Chief of Police or the authorized designee should ensure that the complainant is notified of the disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint. 1009.15 MANDATORY NOTIFICATION TO THE ILLINOIS LAW ENFORCEMENT TRAINING AND STANDARDS BOARD The Chief of Police or the authorized designee shall notify the ILETSB when (50 ILCS 705/6.2; 50 ILCS 705/9.2): (a) Any final determination of willful violation of Des Plaines Police Department policy, official misconduct, or violation of law results in: 1. Discharge or dismissal. 2. A suspension of at least 10 days, or 3. An official investigation pursuant to Des Plaines Police Department policy. (b) An allegation of misconduct or regarding truthfulness as to a material fact, bias, or integrity is made. (c) An officer resigns during the course of an investigation and after being served notice of the investigation. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 9 Des Plaines Police Department Des Plaines PD Policy Manual Personnel Complaints The notification shall occur within 10 days of a final decision and exhaustion of any appeal, or resignation, and shall provide information regarding the nature of the violation. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaints - 10 Des Plaines PD Policy Manual Attachments Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Attachments - 11 Attachment Des Plaines PD Policy Manual Personnel Complaint.pdf Personnel Complaint.pdf Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Personnel Complaint.pdf - 12 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5400 Fax: 847-391-5463 Personnel Complaint Complainant Name: _________________________________________ Sex: ___ Race: ___ DOB: _________________ Address: ________________________________________________ City/State/Zip: ____________________________ Cell Phone: _________________ Home Phone: __________________ Email: _________________________________ Complaint Received: In-Person __ Email __ Phone/ Text __ Mail __ Other _________________________________ Location of Incident: _____________________________________________ Date/Time: ________________________ RD/ CAD Number: ___________________ Witness Name (Non-Sworn Personnel):__________________________ Sex: ___ Race: ___ DOB: ________________ Address: _________________________________________________City/State/Zip: ___________________________ Cell Phone: _________________ Home Phone: __________________ Email: _________________________________ Witness Name (Non-Sworn Personnel):__________________________ Sex: ___ Race: ___ DOB: ________________ Address: _________________________________________________City/State/Zip: ___________________________ Cell Phone: _________________ Home Phone: __________________ Email: _________________________________ Accused Member: _____________________________________________ Unit Assigned: __________ Accused Member: _____________________________________________ Unit Assigned: __________ Accused Member: _____________________________________________ Unit Assigned: __________ Accused Member: _____________________________________________ Unit Assigned: __________ Complaint Category __ Use of Force __ Officer / Employee Demeanor __ Other Policy / Procedure Violation __ Criminal Misconduct __ Other: _____________________________________________ Continued on next page. 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