SOP 104.1 - Complaint Process.pdf

SOP HOLLYWOOD POLICE DEPARTMENT...

SOP HOLLYWOOD POLICE DEPARTMENT #104.1 COMPLAINT PROCESS ORIGINATION DATE: 04/01/2015 REVISED DATE: 12/08/2023 APPROVED: CHIEF OF POLICE, JEFF DEVLIN PURPOSE: To establish accountability and procedures for handling inquiries into Department Members’ conduct. SCOPE: This SOP applies to all Members of the Department. POLICY: The Law Enforcement profession derives its “Powers to Police” from the citizens it serves. The community is entitled to question how we execute the powers bestowed upon us. Therefore, to promote the highest level of public trust and cooperation, the Department must provide a responsive system of inquiry that will alert to unprofessional or illegal conduct or practices that may diminish our integrity or actions that hinder the effective or efficient achievement of the Department’s Mission. Blue Team / IA-Pro is the Department’s method of tracking all allegations of Member misconduct or violations of Department written directives. A Supervisor will complete all Blue Team entries. Though the discovery of truth will be the basis of any Department inquiry, the Department will ensure the Members’ rights are not violated, and their reputations are guarded against any mistaken perceptions or deliberate false accusations. Hence, all inquiries or investigations will begin without preconceived notions or biases toward anyone. They will be conducted with the utmost thoroughness and recorded with acute accuracy. INDEX: PROCEDURE:.............................................................................................................................................. 2 I. LEGAL REQUIREMENTS..................................................................................................................... 2 A. ESTABLISHMENT OF A CITIZEN COMPLAINT SYSTEM:.............................................................................. 2 B. CONFIDENTIALITY OF CITIZEN COMPLAINTS:........................................................................................... 2 C. DISCOVERY OF TRUTH:......................................................................................................................... 2 D. “LAW ENFORCEMENT OFFICERS’ BILL OF RIGHTS:”................................................................................. 3 II. CITIZEN INITIATED COMPLAINTS...................................................................................................... 3 A. COMPLAINTS RECEIVED ON MEMBERS:................................................................................................. 3 III. COMPLAINT PROCESSING AND SUPERVISOR DUTIES................................................................. 4 A. BLUE TEAM COMPLAINT ENTRIES:......................................................................................................... 4 SOP 104.1 Complaint Process Page 1 of 8  B. DISCOVERY OF VIOLATION(S):............................................................................................................... 5 C. MEMBER INITIATED COMPLAINTS:.......................................................................................................... 5 D. ARRESTS, INVESTIGATIONS, OR COURT ORDERS SERVED ON DEPARTMENT MEMBERS BY ANOTHER AGENCY:............................................................................................................................................. 6 E. COOPERATION OF MEMBERS:................................................................................................................ 6 F. RELIEF FROM DUTY:............................................................................................................................. 6 IV. REVIEW OF ALL COMPLAINTS BY THE INTERNAL AFFAIRS UNIT............................................... 7 A. INTERNAL AFFAIRS REVIEW OF ALL COMPLAINTS:................................................................................... 7 B. REGISTRATION AND TRACKING OF ALL CITIZEN COMPLAINT REPORTS:.................................................... 7 V. DEFINITIONS:........................................................................................................................................ 7 A. BLUE TEAM:...................................................................................................................................... 7 B. CORRECTIVE ACTION:.................................................................................................................... 7 C. FACT-FINDING INVESTIGATION:.................................................................................................... 7 D. FORMAL DISCIPLINE:....................................................................................................................... 7 E. MEMBER INCIDENT TRACKING SYSTEM (IA-PRO):...................................................................... 7 F. INFORMAL DISCIPLINE:................................................................................................................... 8 G. INITIATING SUPERVISOR:............................................................................................................... 8 H. INVESTIGATING SUPERVISOR:...................................................................................................... 8 I. OFFENSE OF A LESS SERIOUS NATURE:...................................................................................... 8 J. OFFENSE OR INCIDENT OF A SERIOUS NATURE:....................................................................... 8 PROCEDURE: I. LEGAL REQUIREMENTS A. Establishment of a Citizen Complaint System: The Department has established this SOP in compliance with 112.533(1)(a) f.s. , which requires “every law enforcement agency and correctional agency shall establish and put into operation a system for the receipt, investigation, and determination of complaints received by such agency from any person, which shall be the procedure for investigating a complaint against a law enforcement and correctional officer and for determining whether to proceed with disciplinary action or to file disciplinary charges, notwithstanding any other law or ordinance to the contrary.” B. Confidentiality of Citizen Complaints: To ensure the integrity of the process: 1. 112.533(2)(a) f.s. , mandates that any complaint and “all information obtained pursuant to the investigation will be confidential and exempt from the provisions of 119.07(1) f.s. (The Public Records Law), until the investigation ceases to be active, i.e., no findings within (45) days of the complaint being filed or the investigation has been concluded. 2. Therefore, “any person who is a participant in an internal investigation including the complainant, the subject of the investigation, the investigator…, and any witnesses… who willfully discloses any information…including the identity of the Officer under investigation, the nature of the questions asked, information revealed or documents furnished…before such complaint…becomes a public record …commits a misdemeanor of the first degree.” 112.533(4) f.s. C. Discovery of Truth: The “discovery of truth” is the basis for any Department inquiry: SOP 104.1 Complaint Process Page 2 of 8  1. Notice of 837.012 f.s. , “Perjury When Not in an Official Proceeding,” and 837.02 f.s. , “Perjury in an Official Proceeding,” will be incorporated into all the appropriate appendixes as a warning to any participant to be truthful in this process. These Statutes advise that “whoever makes a false statement, which he/she does not believe to be true, whether in an official proceeding or not, in regard to any material matter,” may be charged with a criminal offense up to a felony of the third degree. 2. Knowledge of the materiality of the statement is not an element of the crime, and the defendant’s mistaken belief that his statement was not material is not a defense. D. “Law Enforcement Officers’ Bill of Rights:” The “Law Enforcement Officers’ and Correctional Officers’ Bill of Rights,” established by 112.532 f.s. , will be integrated into this Standard Operating Procedure to inform sworn Members of their rights under the Law should they become the subject of an investigation. The spirit of the “Law Enforcement Officers Bill of Rights” will also be used as a guide during internal investigations of any Member of the Department, sworn or non-sworn. II. CITIZEN INITIATED COMPLAINTS A. Complaints Received On Members: All complaints of employee misconduct or unsatisfactory job performance will be recorded and examined, including complaints received in person, by letter, by telephone, by Complaint Intake Form (CIF), or by email (see Appendix A) 1. All Department Members will appropriately assist any citizen in filing a complaint by immediately contacting the involved Member’s Supervisor; if not available, then any On-Duty Supervisor. 2. All citizen complaints of employee misconduct or unsatisfactory job performance should be referred to the Member’s immediate Supervisor. If the Member’s immediate Supervisor is off-duty, the receiving On-duty Supervisor will be the Initiating Supervisor responsible for receiving, documenting, and e-mailing the involved Member’s Supervisor the complaint. 3. If a citizen does not want to speak to a Supervisor, the citizen can request to speak directly with an Internal Affairs Investigator Monday through Friday, 0800-1600 hours. 4. A citizen will also have the option of documenting his complaint on a Complaint Intake Form (CIF). Complaint Intake Forms are located in the lobby of Police Headquarters and are available via the Hollywood Police Department’s website. The Complaint Intake Form should be completed and signed by the complainant, and the complainant should be given a copy. They are available in English, Spanish, and French. Completed Complaint Intake Forms may be: a. Hand-delivered to any On-Duty Supervisor, b. Hand-delivered to the Public Information Desk, c. Mailed to Police Headquarters c/o Internal Affairs Unit, d. Faxed to 954-967-4397, e. Submitted via e-mail to [email protected]. 5. The failure or refusal of a complainant to do any of the following will not preclude the proper investigation and routing of the Complaint Intake Form: a. Sign a Complaint Intake Form. b. Respond in person to an interview. c. Provide a name or identification. SOP 104.1 Complaint Process Page 3 of 8  6. Supervisors dealing with a citizen complaint will be prohibited from informing the citizen to complete a Complaint Intake Form (CIF) and directing it to the attention of the Internal Affairs Unit. III. Complaint Processing and Supervisor Duties Supervisors are responsible for handling citizen complaints in a timely manner. Supervisors will initiate a complaint investigation and properly record complaints of misconduct, unsatisfactory job performance, or misunderstandings of Law in Blue Team as follows: A. Blue Team Complaint Entries: 1. The Initiating Supervisor (see Definition G.) should meet with the citizen as soon as possible. 2. Supervisors will conduct an initial inquiry. 3. The Supervisor of the involved member will enter the complaint into Blue Team prior to the end of their shift. The following information must be included: a. Incident Type b. Case Number c. Relevant Dates d. Location e. Brief Synopsis of the incident f. Involved citizen(s) g. Involved Officer(s) 4. Supervisors receiving complaints on Members not assigned to them will e-mail the allegation (s) to the Member’s Supervisor, Lieutenant and cc the IA unit. The following information must be included in the e-mail: a. Incident Type b. Case Number c. Relevant Dates d. Location e. Brief Synopsis of the incident f. Involved citizen(s) g. Involved Officer(s) 5. If the Supervisor is unable to gather all pertinent information needed to start a Blue Team Entry, the Supervisor will e-mail the IA Unit advising of the delay in the Blue Team entry. 6. The Supervisor completing the Blue Team entry must include one of the following conclusions in the Blue Team narrative: a. Misunderstanding of Law/Policy or Procedure b. Informal discipline was administered. c. No further investigation is warranted. d. Further investigation is warranted. 7. Supervisors will ensure all supporting evidence and/or documentation is attached to the Blue Team Entry and forwarded to the involved member’s Division Major via chain of command within the below specified “calendar day” timeframes per incident type; a. Accident reports are due within fourteen (14) days of the incident. b. Administrative Reviews are due within twenty-one (21) days. SOP 104.1 Complaint Process Page 4 of 8  c. Complaint/ Inquiry Fact-Findings are due within twenty-one (21) days of receiving the incident. d. Incident Tracking Alerts are due within fourteen (14) days. e. Pursuits are due within twenty-one (21) days of the incident. f. Response to Resistance: The Sergeant will forward Response to Resistance reports to the Lieutenant within twenty-one (21) days of the date of the incident. The Lieutenant will have seven (7) days to forward the Response to Resistance report to the involved member’s Division Major. In any event, the Response to Resistance report is due within twenty-eight (28) days of the date of the incident. g. Red Light Camera Violations are due within fourteen (14) days. h. Toll Inquiries are due within fourteen (14) days. i. Unsatisfactory Observed Behavior Reports resulting from a Complaint/ Inquiry Fact- Finding are due within ten (10) days of the original due date of the incident. j. Unsatisfactory Observed Behavior Reports resulting from a preventable Police Vehicle Crash are due within ten (10) days following the appeal process. 8. Time completion extensions will be considered on a case-by-case basis. Supervisors will email extension requests to their respective Division Major via chain of command. Division Majors will forward their email approval response to the Internal Affairs Unit, noting the new extension date. B. Discovery of Violation(s): If a Supervisor becomes aware of a violation of a written directive, it becomes the Supervisor’s responsibility to initiate immediate action. 1. Violations of a Less-Serious Nature: If the Supervisor initiates corrective action for a violation of a less-serious nature (see Definition I), requiring less than formal disciplinary action against the Member, the initiating Supervisor will: a. Complete the appropriate documentation for the action taken. Corrective action can include but is not limited to, verbal counseling, Observed Behavior Reports for Sworn, and Written Reprimands for Non-Sworn. (see Definition B) b. If the corrective action was against a Member not within that Supervisor’s span of control, the initiating Supervisor will advise that Member’s Supervisor of his actions as soon as possible. All documentation will be forwarded to the subject Member’s Division Major. 2. Violations of a Serious Nature: If the Supervisor becomes aware of a violation of a serious nature (see Definition J), which may lead to formal discipline, the Supervisor will: a. Notify their Supervisor. b. Complete a Blue Team Complaint Entry c. Ensure confidentiality of the investigation by only discussing the incident with their Respective Chain of Command and/or Internal Affairs Investigators. d. Initiate all appropriate investigative procedures (evidence collection, crime scene security, witness identification) but avoid any actions that might jeopardize a subsequent criminal or administrative investigation (i.e., improperly interviewing the Member, an improper search, or chain of custody errors for collected evidence). C. Member Initiated Complaints: All Members will adhere to the following guidelines: 1. When a Member has a complaint against another Member, they are encouraged to utilize all reasonable means to resolve the problem, including traditional rank structure and Chain of Command. a. Members may, at their discretion, bypass the traditional Chain of Command and report the matter directly to the accused Member’s Supervisor or Division Major. SOP 104.1 Complaint Process Page 5 of 8  b. If the matter cannot be resolved satisfactorily to the agreement of both parties, the Supervisor of the initiating Member will complete a Blue Team entry. 2. If a Member is aware of any violations of a serious nature, especially a violation or occurrence that could result in formal discipline (see Definition D), the Member has the responsibility to immediately report the violation directly to their immediate Supervisor or appropriate Command personnel. D. Arrests, Investigations, or Court Orders Served on Department Members by Another Agency: 1. Members who are arrested, under criminal investigation, or served with a Restraining Order or Injunction by another Agency will notify the Police Chief’s Office immediately of such investigation, arrest, or service. 2. If a Member is arrested for any violation of Law, the Chief of Police or designee may place the Member on Administrative Leave with or without pay pending further investigation. The Chief of Police will notify the Director of Human Resources of any action. 3. The Chief or designee will contact the Internal Affairs Unit who will be responsible to forward all relevant information to the Director of Human Resources 4. Members should reference the Department’s Domestic and Dating Violence Investigations SOP #250 for any Allegations of Domestic/Dating Violence or Domestic Incidents Involving Hollywood Police Officers. E. Cooperation of Members: A Member’s cooperation during investigations is essential. 1. Members will cooperate to their fullest with any inquiry made by a Supervisor, Internal Affairs, or Investigators representing outside Agencies during a Complaint Investigation, Fact Finding Inquiry, Administrative Review, or Formal Internal Investigation. 2. Members will not knowingly make any statements that are untruthful, misleading, or, in effect, conceal information. F. Relief from Duty: In those instances where it is alleged a Member violated the Rules of Professional Conduct or is deemed necessary for the good of the Department, a Supervisor may recommend to their Lieutenant, or if not available to a Shift Lieutenant, that the Member be temporarily relieved from duty. The involved Lieutenant will immediately notify the affected Division Major and/or Staff Duty Officer and then relieve the Member if appropriate. “Immediate relief of the Member by the affected Lieutenant should be subsequent to Staff Duty notification.” Should it be alleged that a Lieutenant violated the Rules of Professional Conduct, or it is also deemed necessary for the good of the Department, a Supervisor will immediately notify the Lieutenant’s Division Major and/or Staff Duty Officer. The Division Major and/or Staff Duty Officer will then relieve the Lieutenant if appropriate. 1. When a Member is relieved from duty, they must surrender the below-listed items, unless otherwise authorized, which will be documented on the “Receipt for City Issued Property’ form. (see Appendix C) a. Police Badge b. Police Identification Card c. Pass Key Card d. Police Radio e. Department vehicle and keys, if applicable. f. Police Issued Firearm g. City Issued Notebook Computer SOP 104.1 Complaint Process Page 6 of 8  h. Body Worn Camera and Body Worn Camera cell phone. i. All other items (list): shotgun, rifle, Taser, etc. 2. Each item turned in will be initialed by the receiving Supervisor. 3. The form will serve as a receipt for all the City of Hollywood Property received and will be retained by the receiving Supervisor pending further investigation. 4. All surrendered items shall be secured in a designated locker next to the elevator, and all long guns will remain secured in the Member’s vehicle (trunk). The vehicle will be parked in the west lot. 5. The Chief of Police or his designee will review all actions taken on the next business day. 6. The Member will receive full pay while being relieved from duty unless otherwise specified by the Chief of Police. 7. The Member relieved from duty and all Supervisors involved will be required to report to the Chief of Police on the next business day at 0900 hours unless otherwise directed by a Member of the Command Staff. IV. REVIEW OF ALL COMPLAINTS BY THE INTERNAL AFFAIRS UNIT. A. Internal Affairs Review of all Complaints: Upon receipt of all Complaints, the Internal Affairs Unit will assign the complaint to the appropriate Division Major for an Administrative Review Investigation, a Fact-Finding Inquiry, or an Internal Affairs Investigator as directed by the Chief of Police or designee. The Internal Affairs unit will review all complaints for accuracy and thoroughness via Blue Team. B. Registration and Tracking of All Citizen Complaint Reports: Internal Affairs will register and assign all completed complaints and fact-finding inquiries a Tracking Number. V. DEFINITIONS: A. BLUE TEAM: A web-based program designed to allow supervisors to enter and manage incidents from “the field.” Incidents include Response to Resistance Reports, informal discipline, complaints, vehicle accidents, and vehicle pursuits. All of which are then routed through the chain of command with review and approval at each step. B. CORRECTIVE ACTION: Verbal Counseling, Observed Behavior Reports (Sworn), and Written Reprimands (Non-Sworn). C. FACT-FINDING INVESTIGATION: An initial investigation conducted by the Internal Affairs Unit to determine if the complaint was an allegation of misconduct or a misunderstanding of law, departmental written directive, and/or procedure. D. FORMAL DISCIPLINE: Formal Discipline includes suspension, demotion, or termination. E. MEMBER INCIDENT TRACKING SYSTEM (IA-PRO): Incident tracking software designed to provide early identification and intervention based on configurable thresholds in such areas as citizen complaints, administrative reviews, IA investigations, preventable traffic crashes, Response to Resistance Reports, vehicle pursuits, observed behavior reports, and K-9 bite incidents. SOP 104.1 Complaint Process Page 7 of 8  F. INFORMAL DISCIPLINE: Informal Discipline consists of counseling and the issuance of Observed Behavior Reports (Sworn Members) and Written Reprimands (Non-sworn Members). Such actions are not subject to the grievance process. G. INITIATING SUPERVISOR: The Supervisor who initially identifies or receives a complaint or allegation of misconduct or unsatisfactory job performance and completes a Blue Team entry or e-mails the involved Member’s immediate Supervisor. H. INVESTIGATING SUPERVISOR: The Supervisor who is responsible for conducting the inquiry. I. OFFENSE OF A LESS SERIOUS NATURE: A complaint about rudeness, discourtesy, or other minor violations, if sustained, could result in informal discipline. J. OFFENSE OR INCIDENT OF A SERIOUS NATURE: An allegation about conduct or performance, if sustained, would constitute a violation of department policy or federal, state, or local law, which could result in formal discipline. This may include, but is not limited to: 1. Acts that could be considered “Good Moral Character” violations as defined by the Criminal Justice Standards and Training Commission. 2. Excessive use of force, 3. Criminal and official misconduct. 4. Violations of civil rights. 5. Allegations of corruption. 6. Committing or condoning racial, religious, national origin, ethnic harassment, or hostile work environment activity. 7. Conduct unbecoming a Member or conduct that: a. Causes the Department to fall into such disrepute that it loses the respect and confidence of the public. b. Reflects discredit upon the Member’s status within the Department. 8. Lying, except as authorized in the performance of duties, or committing perjury, including omission. 9. Unauthorized release of confidential information. 10. A violation of the City of Hollywood’s Rules and Regulations and/or the Department’s Standard Operating Procedures Manual that may result in formal disciplinary action. 11. Substance abuse by Members to include DUI; 12. Sexual misconduct; and 13. Cases referred directly by the Chief. ATTACHMENTS: Appendix A: Compliment / Complaint Intake Form Appendix B: Compliment / Complaint Brochure Appendix C: Receipt For City Issued Property SOP 104.1 Complaint Process Page 8 of 8  Hollywood Police Department Internal Affairs Unit Citizen's Compliment/Complaint Intake Form The Hollywood Police Department is dedicated to providing the highest quality of police services and enhancing the quality of life for every individual in the City of Hollywood. We welcome positive and negative comments from all members of the public. Hollywood Police Department Date Received Stamp: (Official Use Only) c/o Internal Affairs Unit Received Person Mail. 2741Stirling Road Fax Email Hollywood, Florida 33312 Other: 954-967-4398 Instructions: This form may be hand-delivered to any On-duty Supervisor of the Hollywood Police Department, hand-delivered to the Public Information Desk located in the lobby of Police Headquarters, 3250 Hollywood Boulevard, mailed to the address listed above, faxed to 954-967-4397, or submitted via e-mail to [email protected]. Citizen Information: Your Name: Home Phone: Cell Phone: Home Address: Email Address: Member Information: In order to identify the member(s) of the Hollywood Police Department, it is important that you be as specific as possible in your description of the member. The information you provide will assist the Internal Affairs Unit in addressing the issue of your concern. Member Name & Badge Number: Was the Member in uniform at the time of the incident? Yes No Was the Member in a marked or unmarked vehicle? Yes No Vehicle #: Any other description: 2741 Stirling Road | Hollywood, Florida | 33312 | Tel: 954-967-4398 [email protected] 104.1 Appendix A. Please provide a brief description of the event(s) that caused you to bring this matter to our attention: Please use the additional space above as necessary. Supervisor Accepting Complaint Print Name Signature & Badge Number Date 2741 Stirling Road | Hollywood, Florida | 33312 | Tel: 954-967-4398 [email protected] 104.1 Appendix A. 1 104.1 Appendix C. 2 104.1 Appendix C.  Hollywood Police Department Internal Affairs Unit RECEIPT FOR CITY ISSUED PROPERTY I.A. Number: Case Number: Date: Time: Involved Member: Internal Affairs Member: Having been relieved from duty, the above-listed involved member must surrender the items listed below to the Hollywood Police Department. The receiving officer will complete and sign this form. This form will serve as a receipt for all the City of Hollywood Property received on this date. Upon return of the items below, the return date will be captured and initialed by the IA investigator and the member. Item Description Serial # / Amount Returned Date By Member Police Badge Police ID Police Bldg. Access Entry Card Police Radio w/Microphone Radio Batteries Police/City Vehicle w/Keys Police Issued Firearm w/Streamlight Firearm Magazines & Ammunition Laptop/Tablet Handcuffs Taser w/Holster Taser Cartridges OC Spray ASP w/Holster Police Issued Rifle Rifle Magazines & Ammunition Police Issued Shotgun Shotgun Ammunition Police Duty Belt Body Worn Cameras BWC Cell Phone Other Internal Affairs Member Signature Badge # Date Employee Signature Badge # Date 104.1 Appendix C.