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- 1. Police Internal Affairs Brian K. Childress Chief of Police
- 2. Overview 1. Purpose of Internal Affairs 2. Ethics and Integrity 3. Procedures and Rules 4. Complaint Investigation 5. Preparing for and Conducting Interviews 6. Special Investigations – Sexual Harassment 7. Special Investigations – Officer Involved Shootings 8. Administrative Law 9. Internal Affairs Records 10. Special Procedures – Accreditation 11. Are Law Enforcement Out of Control 12. Conclusion
- 3. 1. Purpose of Internal Affairs
- 4. Purpose Maintain public confidence in the agency’s ability to properly investigate and adjudicate complaints and allegations of misconduct Maintain departmental standards of conduct and performance Maintain the rights of employees as well as the public Identify training needs Identify areas where policy and procedure needs clarified, modified, and/or updated Fact finders for the CEO
- 5. ACLU Video – “Protecting the Badge”
- 6. First Major Police Issue
- 7. 2. Ethics and Integrity
- 8. Ethics A principle of right or good conduct A system of moral principles or values set by a certain society A study of the general nature of morals and of specific choices to be made by the individual in their relationship with others Rules or standards governing the conduct of the members of a profession
- 9. Are Police Officers Members of a Profession? Yes Standards of conduct come from: Constitution Federal Law State Law City Law Agency Policy State Peace Officer Standards and Training (POST)
- 10. Police Corruption Acts involving the misuse of authority by a police officer in a manner designed to produce personal gain for the officer. Examples: Bribery Favors or gifts Criminal acts committed by use of official information or authority Compromise of official duty Perjury Extortion Services received or extended
- 11. Corruption Continued” Examples: Gratuities Running GCIC/NCIC information for non-official reasons
- 12. O.W. Wilson Orlando Winfield Wilson (May 15, 1900 – October 18, 1972), also known as O.W. Wilson, was an influential leader in policing. having served as Superintendent of Police of the Chicago Police Department. Chief of Police in Fullerton, California, and Wichita, Kansas, and authored several books on policing.
- 13. Problems Attacking Corruption Systemic – part of the system Individual – individual standards based on each person Administrative decisions and guidelines defining corrupt practices Nature of Police work –us against them Code of silence The creep of corruption – starts slow and gets bigger
- 14. Cost of Corruption Credibility of agency and employees Violation of public trust Community relations Loss of administrative control Morale
- 15. Police Corruption Conduct which impairs the operation of the agency Conduct which causes the public to lose confidence in the agency
- 16. Prevention Looking beyond discipline Being more proactive Better training and supervision Personnel Early Warning System (PEW) Auditing – property/evidence, equipment, videos “Getting rid of the bad apples”
- 18. 3. Policies & Procedures
- 19. Internal Affairs and Operating Procedures Upholds the mission Overall action plan for all personnel Flexible guide for action Elements intent and philosophy Not too specific/restrictive Permits “justifiable diversion” Answers the question “why”? “If you protect the officer by policy, you protect the agency by default” Serves as a control device
- 20. Review of Policies The frontline person or subject matter expert Person “ignorant” of the issue Legal advisor Annual revision/review
- 21. “Creekwood Drive Incident” – understanding policymaking
- 22. IA Unit Procedure Where and who is assigned to the unit? Should have direct access to the CEO Establishing a process for supervising the investigation Should have some significant rank Establishing a process and procedure for recording, registering, and controlling complaints against agency employees
- 23. The Complaint File Complaint tracking form Complaint form – could be a letter, memo, etc. Statements from witnesses Photos, videos, audios Administrative forms Medical forms (if applicable) Investigation report Summary
- 24. Complaint Processing Where to file complaints? Should be advertised and accessible to the public Don’t make it hard to file a complaint By phone, internet, by letter, and in person Anonymous complaints – take them and look at them, regardless if you have a complainant or not Minor complaints of rudeness, etc., should be treated as an inquiry versus a full internal affairs investigation
- 25. The Complainant/Victim Should if possible be required to sign a complaint from which is notarized and sworn to the statement Should always be notified throughout the complaint process to include: Initial letter indicating the agency received the complaint Status letters for delays in the IA Conclusion letter with the findings If you determine a crime has been committed during the IA, the complainant/victim should be advised to complete a report of a crime
- 26. Inspections City owned desks, lockers, offices, equipment (to include cell phones and computers), work areas, uniforms, and vehicles are the sole property of the agency and are subject to inspections by the agency
- 27. Separation of Administrative & Criminal Investigations If the employee is suspected of a criminal act, it is recommended the criminal investigation occur first Investigators are ALWAYS separate/NEVER DO BOTH Make sure the employee clearly knows who is doing what type of investigation: Miranda Warning Admin/Garrity Notice
- 28. Investigation Findings Sustained- Actual Misconduct Misconduct Not Based on Complaint- Actual misconduct, not alleged in the original complaint, but disclosed during the investigation Unfounded- The allegation is false or not factual Not Sustained- There is not enough evidence to prove or disprove the allegation Exonerated- The incident occurred, but the employee acted lawfully and properly
- 29. DISCIPLINE
- 30. The completed investigation is reviewed by the involved employee’s chain of command. The employee’s chain of command determines the findings and the discipline, if there is sustained misconduct. Internal Affairs makes no recommendations regarding discipline
- 31. Types of Discipline Verbal Counseling Employee Log Entry Training Written Reprimand Suspension Demotion Resignation Discharge Discharge w/Criminal Charges
- 32. PURGE POLICY 0466-05-017 | Administrative/Internal Investigative Case Files Description: Records used to investigate complaints against public safety officers; database. When relevant, polygraph case files containing official polygraph reports and associated documents. Retention: 50 years Classification:
- 33. What is discoverable? • Telephone conversations • Car-to-car conversations/ messages (MDC) • Sector logs • I-Tracker (vehicle speeds, times, locations) • Internet Use • Radio traffic • City owned cell phones (call logs, text messages, etc.) • Booking/Holding cell video and audio • Pay entry records
- 34. Allegations of Misconduct Excessive Force Racial Profiling False Arrest Unlawful Search Violation of Rules Conduct Unbecoming Dishonesty* Discourtesy Neglect of Duty Traffic Slow Response Civil Rights Violation * “Brady Notifications” – District Attorney required to notify defendants/attorneys on court related matters when a “dishonesty” or “integrity” violation has been sustained on a law enforcement officer.
- 35. Medford Detective Traffic Stop
- 37. Considerations Nature of investigation Allegations of minor investigations can be handled by police supervisors Serious allegations to include excessive force, bribery, sexual harassment, tampering with evidence, racial/biases based profiling, should be handled by trained IA Investigator Time – complaints which require an extensive amount of investigation should be handled by IA Complaint tracking – all complaints should be sent to IA for review before assignment to a supervisor
- 38. Training the IA Investigator Institute of Police Technology and Management (IPTM) Southern Police Institute Georgia Public Safety Training Center
- 39. Timeliness Complaints investigations should normally be completed in 30 days Extensions approved by CEO Status reports provided to complainant Fair to the complainant and employee
- 40. In-Car Video
- 41. 5. Preparing for & Conducting Interviews
- 42. Getting the Background Review of complainant criminal history and past complainants Review of employee personnel file Talk to employee’s supervisors Review past employee complaints Review of incident reports, videos, audios, and photos Review of employee financial documents, medical records, etc., if applicable
- 43. Preparing Identify a specific outcome in mind Know what you are going after Remember you are the fact-finder Know the difference between: Interview – a conversation with a purpose. The process of obtaining information which is evaluated from persons having knowledge related to the investigation Interrogation – the art and mechanics of questioning for the purpose of exploring or resolving issues. The idea is to gain an admission or confession.
- 44. Preparing Develop a list of questions Be prepared to discuss sexual matters Schedule the interview Interview objectives: 1. Identify other witnesses or accused employees 2. Clarify allegations 3. Resolve discrepancies and inconsistencies 4. Obtain information on motive and alibi 5. Obtain information on guilt or innocence 6. Closing loopholes in previous statements
- 45. Interviews Record all interviews Interview complainant first Interview witnesses next Interview employee last Consider conducting follow-up interviews is necessary
- 46. Interviews Start recording Identify all persons in the room Ask witness or employee to state their full name Read Garrity if applicable Start by asking what happened LET THE PERSON EXPLAIN – DON’T INTERUPT
- 47. Two Reasons Why Interviews Fail 1. Lack of control over the subject and situation 2. Inability to adjust to subject’s responses and to continue the interview
- 48. Remember “POLITE” P – Planning – background – rapport O – Opening – rapport L – Listening I – Interviewing – questions T – Truth – norm to stressful E – Ending - recap
- 49. 6. Special Investigations – Sexual Harassment
- 50. Commonalities
- 51. History of Sexual Harassment 1964 – Civil Rights Act 1976 – Court Recognizes Harassment as form of discrimination 1980 – EEOC Guidelines 1982 – Men can be victims 1986 – US Supreme Court – Harassment is a from of Discrimination 1991 – Reasonable Woman Concept – court stated if the victim is offended, the offense must be viewed from a reasonable woman’s view 1993 – Harris v. Tennessee For Lift – Hostile work environment 1997 – Burlington Industries v. Ellerth - , Hostile work environment 1998 – Jones v. Clinton 1998 – Onacle v. Sundower Offshore Services
- 52. EEOC Unwelcome sexual advances An employer is responsible for the acts of sexual harassment in the workplace The employer or its agents or supervisors must know or should have known of the conduct If the conduct was immediately addressed and appropriate corrective action was taken, the employer may have immunity
- 53. Types of Sexual Harassment Quid Pro Quo – employee is confronted with sexual demands to keep job or obtain a position Hostile Work Environment – sexually offensive conduct that permeates the workplace, making it difficult or unpleasant for an employee to work
- 54. Interview the Complainant This will be kept as confidential as possible There will be no retaliation against you How would you like to see this complaint resolved?
- 55. Interview the Accused Have you seen the department and city’s sexual harassment policy? All employees should be required to sign for agency policy Confront only after interviewing the complainant, witnesses, and reviewing all evidence
- 56. 7. Special Investigations- Officer-Involved Shootings
- 57. Expect the Media Media does not understand the law They will exaggerate the incident Controversy sells
- 58. Types of Shootings Officer involved – death – IA and Criminal Officer involved – injury – IA and Criminal Officer involved – miss – IA and Criminal Accidental discharge – IA Unauthorized Use of Weapon – depends on situation Combined investigation is NOT RECOMMENDED
- 59. Reasoning for Outside Agency Conducting Criminal Investigation Transparency – we have nothing to hide Public trust Fairness for the citizen Fairness for the officer
- 60. Scenario You have an officer-involved shooting where a citizen was seriously injured but not killed. The entire incident is captured on body-worn camera and clearly shows your officer was correct in his decision. Do you bring in an outside, independent law enforcement agency to investigate anyway?
- 62. EMPLOYEE RIGHTS DURING AN INTERNAL AFFAIRS INVESTIGATION
- 63. Garrity v. New Jersey 385 U.S. 493 (1967) An officer may be compelled (ordered) by his/her superiors to answer questions that are related to his/her duties or fitness for duty. Failure to answer such questions may form the basis of his/her dismissal. The answers may not be used against him/her in a criminal trial. Similarly, an officer may be compelled to testify at a disciplinary board hearing or before a grand jury if the statements are restricted to non-criminal purposes. The person reading Garrity must have the authority of the agency to administer discipline. If you use an outside agency, ensure the Internal Affairs Investigator reads Garrity or issue a written statement from the CEO giving the outside investigator authority.
- 64. Typical Garrity Warning You are being asked to provide information as part of an internal and/or administrative investigation. This is a voluntary interview and you do not have to answer questions if your answers would tend to implicate you in a crime. No disciplinary action will be taken against you solely for refusing to answer questions. However, the evidentiary value of your silence may be considered in administrative proceedings as part of the facts surrounding your case. Any statement you do choose to provide may be used as evidence in criminal and/or administrative proceedings.
- 66. Administrative vs. Criminal Investigation Formal Advisement vs. Garrity Advisement; Legal representation not allowed in administrative hearings; Administrative investigations cannot be shared with the criminal investigation; Criminal investigation details will be included in the administrative investigation; During the criminal investigation, you are allowed legal representation and may be read Miranda Rights, if applicable;
- 67. Question? If an employee implicates another employee during an administrative interview under Garrity, can you use it against the other employee in a criminal case?
- 68. Question? Can an employee be charged with anything based on information they provide during an internal affairs investigation after being read Garrity?
- 69. Rule of Thumb – “It’s Not a Two Way Street” The Internal Affairs Investigators gets all information from the criminal investigator but the criminal investigator gets none from IA
- 70. 9. Internal Affairs Records
- 71. Software and Security Have a system to track the status of investigations Have a system in-place to look for patterns of problems to include complaints Have a Personnel Early Warning System Software systems are also available: IA Track IA 2000 Etc. Records should be separate from general agency records
- 72. Personnel Early Warning System (PEW) -WHAT IS IT? Sometimes referred to as “Personnel Activity System”; A tool to assist supervisors in monitoring employee performance; A system that tracks and reviews incidents of risk to the involved employee(s)
- 73. General Order 100-61 Employee Early Warning System Defined: The Valdosta Police Department has an Early Warning System (EWS) to provide a systematic review of specific events involving agency employees. The system allows the Department to evaluate, identify, and assist employees whose performance and/or actions indicate specific trends. The EWS tracks the following information: Personnel Complaints; Use of Force Reports; Vehicle Pursuit Reports; Formal Disciplinary Actions; and Personnel Evaluations.
- 74. Activation of the P.E.W. The following criteria will result in an employee tracking memorandum being initiated: • Two (2) sustained complaints within 12 months; • Three (3) or more complaints, regardless of disposition within 12 months; • Any Use of Force Report which is found to be Improper Conduct; • Any Vehicle Pursuit which is found to be in violation of policy; • Two (2) formal Disciplinary Actions (written reprimand or above) within 12 months; • A Personnel Evaluation which rates the employee as below a #2 Rating (Unsatisfactory) in two or more categories; or • Any other situation as determined by the Chief of Police.
- 75. 10. Special Considerations - Accreditation
- 77. Maintaining Records of All Complaints
- 78. Reporting to the CEO
- 79. Transparency
- 80. Transparency
- 83. Time Limits
- 85. Fairness to the Employee
- 86. Tests to Be Conducted
- 89. 11. Are the Police Out of Control?
- 90. Why So Much Police Brutality?
- 91. My Experience as a CALEA Team Leader Assessor Assessed 42 different city, county, and state law enforcement agencies Use of force is reviewed during each assessment Basic finding for total use of force versus total arrests: Law enforcement use force less than 1% of the time when arresting citizens Sound familiar?