8.330 MAINTENANCE OF VALUE AND ETHICS

Question 1

Who should supervisors contact for questions about internal investigations?

Answer 1

The on-call Internal Affairs Bureau (IAB) team leader.

Question 2

What is considered insubordination in the context of internal investigations?

Answer 2

Failure to cooperate with internal investigations.

Question 3

What are the 5 types of internal affairs investigations mentioned?

Answer 3

• Citizen review board - created by law to review internal investigations concerning complaints against commissioned police and corrections officers
• Citizen contact -not considered formal investigations, these are conducted to determine the nature of the complaint
• Customer service dispute - Disputes concerning the methods and procedures used by the department to provide various services. A customer service dispute is not an allegation that involves a violation of law or department policy.
• Minor allegation investigation - misconduct that if found to be true could result in discipline in a written reprimand. Can be investigated by the bureau upon approval and direction from IAB.
• Major allegation investigation - misconduct that if found to be true could result in a disciplinary transfer, suspension, demotion, or termination. Will be investigated by IAB unless otherwise directed by Sheriff or designee

Question 4

What does ‘sustained’ mean in internal investigation findings?

Answer 4

Misconduct occurred.

Question 5

What does ‘not sustained’ mean in internal investigation findings?

Answer 5

Failed to produce sufficient evidence to clearly prove or disprove the allegation.

Question 6

What does ‘unfounded’ refer to in the context of investigation findings?

Answer 6

The alleged act did not occur.

Question 7

What does ‘exonerated’ mean in internal investigation findings?

Answer 7

The alleged act did occur but was justified, legal, and proper.

Question 8

What is the department’s burden of proof for internal investigations?

Answer 8

Clear and convincing evidence.

Question 9

Who can submit complaints to the department?

Answer 9

Any source.

Question 10

What should supervisors do when they receive a complaint?

Answer 10

Interview the complainant to determine the facts and circumstances of the alleged misconduct.

Question 11

What is a Statement of Complaint (SOC)?

Answer 11

A document that records the nature of the complaint, the person making the complaint, and any witnesses.

Question 12

What is a customer service dispute?

Answer 12

Disputes concerning the methods and procedures used by the department to provide services, not involving allegations of law or policy violations.

Question 13

What is the completion timeframe for all internal investigations?

Answer 13

90 days.

Question 14

What is an expedited investigation?

Answer 14

A method for concluding matters promptly when an employee acknowledges their action.

Question 15

What is the role of the Bureau Command in minor allegations?

Answer 15

To handle minor allegations through formal investigations or informal investigations with supervisory intervention.

Question 16

What must be documented for supervisory intervention?

Answer 16

Counseling, coaching, or training conducted with the employee.

Question 17

What types of investigations can occur for a minor allegation?

Answer 17

Formal Investigations: Performance or misconduct issues alleged that, if true, may lead to discipline or the facts cannot be clearly determined without a full and formal investigation process.

Informal Investigations with Supervisory Intervention (requires a Contact Report, LVMPD 309): The allegation(s), if true, would not rise to a disciplinary level.

Supervisory intervention may be used when allegation(s) are minor in nature, not a line item in the discipline matrix, and would best be addressed through coaching, counseling, or mentoring. The decision to apply supervisory intervention rests with the employee’s bureau commander with input for consistency from IAB and OLR.

Question 18

What are the two options for handling sustained complaints?

Answer 18

Supervisory intervention or formal discipline.

Question 19

What is the abeyance option?

Answer 19

A voluntary option that may include classes for issues like DUI, DV, or performance issues.

Question 20

What happens if an employee agrees to the abeyance option?

Answer 20

They must complete hours on their own time and at their own expense.

Question 21

What is the maximum vacation hours an employee may use in lieu of suspension hours?

Answer 21

40 hours.

Question 22

What should be done with written or electronic complaints?

Answer 22

They should be forwarded to the Internal Affairs Bureau (IAB).

Question 23

True or False: Complaints by citizens will be received by a department supervisor.

Answer 23

True.

Question 24

Fill in the blank: The act did occur and was in compliance with department policy; however, the determination is the allegation of misconduct could have been prevented had the policy been more _______.

Answer 24

[clear or complete]

Question 25

How will supervisors respond to citizen complaints?

Answer 25

Supervisors will physically respond to requests for assistance by members and/or citizens when practical and available. If a physical response by any on-duty supervisor is not practical, the supervisor will ensure they have a telephonic conversation with the citizen and member at the time of the request in accordance with this policy. Telephonic complaints will be taken at the time of the call or, if **during business hours, transferred to IAB. After business hours, an on-duty lieutenant will be contacted** to assess the need for immediate IAB response.

Question 26

What steps will a supervisor take when receiving or initiating a complaint?

Answer 26

1. Interview the complainant to determine the facts and circumstances of the alleged misconduct. If the complaint is not an allegation that involves a violation of department policy or violation of law, handle the matter as a **customer service dispute that will be documented on a citizen contact**. If it does involve a violation of LVMPD policy or law, a SOC will be opened. The **SOC will document the nature of the complaint, the person making the complaint, and any witnesses to the allegation**. If the complainant only provides partial information, they will be advised that there may be a delay in the completion of the investigation. Once the SOC is completed, it will be forwarded to IAB. **If the complainant insists on making a complaint that may not equal misconduct in the supervisor’s estimation, a SOC will be completed and forwarded to IAB for review and conclusion.** 2. Explain the investigatory process to the complainant. 3. If the complaint only involves the complainant’s disagreement with an established and proper department policy, procedure, rule, regulation, law, or practice, a supervisor conducting the inquiry will: Explain to the complainant department policy, procedure, rule, regulation, law, or practice and how the issue does not rise to misconduct. Document the discussion in Blue Team as a citizen contact.

Question 27

What is the timeframe for completing all internal investigations?

Answer 27

90 days

Question 28

What is an expedited investigation

Answer 28

When an employee readily acknowledges his action and wants to conclude the matter promptly, an expedited investigation may occur, through OLR. OLR will send proposed offer to all Assistant Sheriff and employee’s chain of command.

Question 29

Bureau Command Investigations with Supervisory Intervention Process

Answer 29

Receive and review SOC. Review the case, and supervisor’s employee performance file, and discuss with the supervisor to determine whether informal investigation is appropriate. **Meet with the subject employee to determine if the allegations are true.** **Utilize form LVMPD 421, Bureau Investigation Supervisory Intervention, to document the supervisory intervention**. Discuss a plan to improve performance with the employee. a. Obtain and document the discussion on the supervisory intervention form. b. Based on the allegation, **conduct counseling, coaching, or arrange training**. c. **Document the session on a Contact Report and forward a copy of it to IAB.** Complete the Bureau Investigation Supervisory Intervention form with a brief synopsis of the allegations, any aggravating or mitigating factors to support supervisory intervention, and the outcome of the subject employee discussion (i.e., determined it was a training issue, reviewed policy, and directed employee appropriately). **The supervisory intervention form takes the place of an Investigative Report**. **Forward the signed Bureau Investigation Supervisory Intervention form and Contact Report electronically to IAB for review.**

Question 30

When can supervisory intervention be used?

Answer 30

Supervisory intervention may be used when allegation(s) are **minor in nature**, not a line item in the discipline matrix, and would **best be addressed through coaching, counseling, or mentoring**. The decision to apply supervisory intervention rests with the employee’s bureau commander with input for consistency from IAB and OLR

Question 31

Major allegation investigations can result in what types of discipline?

Answer 31

disciplinary transfer, suspension, demotion, or termination

Question 32

How long to bureau command formal investigations have to be completed

Answer 32

30 days

Question 33

What form is used to document Bureau Command Investigations with Supervisory Intervention?

Answer 33

LVMPD 421, Bureau Investigation Supervisory Intervention

Question 34

What is the adjudication deadline for formal discipline

Answer 34

30 calendar days of receipt of the disposition (or 45 days if a pre-discipline meeting is conducted)

Question 35

How many days does an employee have to respond to respond to a notice of intent to issue discipline

Answer 35

10 days

Question 36

What violations will IAB immediately be notified of?

Answer 36

incident or complaint alleging: *major violation, *alcohol or drug abuse, or *criminal acts by an employee.

Question 37

Criminal Investigations Section (CIS) will immediately be notified of:

Answer 37

any reports of criminal acts disclosed by a citizen or employee that are not the result of a compelled statement.