8.330 Maintenance of Values and Ethics

Question 1

“The rights, as stated in the Rights of Police Officers (NRS 289.020 - 120) are afforded to all department employees, except…

Answer 1

…recruits, part-time employees and civilian academy employees.”

Question 2

Which sections are considered direct representatives of the Sheriff and have authority to report directly to the Sheriff concerning any internal investigation?

Answer 2

Investigators from,

1. Internal Affairs (IA)
2. Criminal Investigations (CIU)
3. Employee Early Identification and Intervention Program (EIIP)
4. Employee Diversity Section (EDS)

Question 3

As a department employee, what are the consequences for failing to cooperate with any investigator from IA, CIU, EIIP or EDS?

Answer 3

“Failure to cooperate will be considered insubordination and subjects that employee to disciplinary measures up to and including termination.”

Question 4

Which Board was created by law to review internal investigations concerning complaints against commissioned police and corrections officers?

Answer 4

The Citizen Review Board

Question 5

Conducted to determine the nature of the complaint; they are not considered formal investigations, is defined as…

Answer 5

Citizen Contact/Preliminary Inquiry

Question 6

“ Disputes concerning the methods and procedures used by the department to provide various services. A customer service dispute is investigated by a supervisor with the goal of explaining and educating the complainant as to the operations of the department as well as improving service delivery by the department. A customer service dispute is not an obligation that involves a violation of department policy or violation of law”, this is defined as…

Answer 6

Customer Service Dispute

Question 7

“Allegations of misconduct that if found to be true could result in discipline ranging from a written reprimand to a suspension of less than 40 hours, or disciplinary transfer.”

Answer 7

Minor Allegation Investigation

Question 8

“Allegations of misconduct that if found to be true could result in a suspension of 40 hours, demotion or termination. All such cases are investigated by IAB unless otherwise directed by the Sheriff or designee.” This is defined as,

Answer 8

Major Allegation Investigation

Question 9

What are the 6 different type of Internal Investigation Findings?

Answer 9

1. Sustained
2. Not Sustained
3. Unfounded
4. Exonerated
5. Misconduct Not Based on Complaint
6. Policy Failure

Question 10

“The department’s burden of proof for internal investigations is that of…

Answer 10

…clear and convincing evidence.”

• This is a stricter burden of proof of preponderance of evidence, however, it is lesser requirement than proof beyond a reasonable doubt.

Question 11

Federal mandate dictates that the burden of proof for EDS investigations is that of…

Answer 11

…a preponderance of evidence.”

Question 12

Which types of complaints require a supervisor to immediately notify IAB?

Answer 12

1. A major violation
2. Alcohol and/or drug abuse
3. Criminal acts by an employee

Question 13

Who receives lawsuit against the department and/or department members.

Answer 13

The Office of General Counsel.

Question 14

When the Office of General Counsel receives a lawsuit against a department member, who will be notified?

Answer 14

IAB, who investigates the lawsuit to determine if the department member was involved in any misconduct.

Question 15

What are the supervisors responsibilities upon receiving a complaint about a department member?

Answer 15

1. Interview the complainant about the alleged misconduct.
2. If it does not involve a violation of law or policy, handle it as a customer service complaint.
3. If the complaint involves a violation of law or policy, open up an SOC and forward it to IAB.

Question 16

What 3 things must be documented in a Statement of Complaint (SOC)?

Answer 16

1. The nature of the complaint
2. The person making the complaint
3. Any witnesses to the allegation

Question 17

What must a supervisor do if a citizen insists on making a complaint that the supervisor does not believe is misconduct.

Answer 17

Open an SOC for IAB to review.

Question 18

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:

Answer 18

1. Explain to the policy, law, rule, etc and how the issue does not rise to misconduct.
2. Document the discussion in Blue Team as a citizen contact.

Question 19

When IAB receives complaints, who is responsible for classifying it as a major/minor allegation or customer service dispute?

Answer 19

The IAB Lieutenant

Question 20

After the IAB Lieutenant classifies a complaint, the complaint will be assigned as follows:

Answer 20

1. Major Allegations - investigated by IAB unless otherwise directed by the Sheriff or designee.
2. Minor Allegations - investigated by the Bureau/Area Command.

• IAB will investigate Minor Allegations not assigned to a to a Bureau/Area Command and also assume control over any investigation as needed.

Question 21

How soon must all internal investigations be completed? Who must approve extensions?

Answer 21

90 days, IAB Lieutenant

Question 22

“ For allegations of a minor nature that will be investigated by the Bureau/Area Command, the Bureau/Area Commander will ensure that the employee has been admonished and the investigatory process is explain to the subject or witness employee by…

Answer 22

…their direct supervisor.”

Question 23

The Conflict Resolution Program is a cooperative effort between which three community groups?

Answer 23

1. LVMPD
2. Clark County Neighborhood Justice Center
3. Citizen Review Board

Question 24

What is the goal of the Conflict Resolution Program?

Answer 24

To restore relationships through communication

Question 25

What are the parameters of the Conflict Resolution Program?

Answer 25

1. It is non-judgemental.
2. It will not result in discipline.
3. It will not be recorded nor will there be any notes.
4. The meeting is confidential
5. Mediation is not appealable through any grievance process.
6. If the process is completed successfully, the complaint is closed.

Question 26

Who is responsible for the overall administration of the conflict resolution program?

Answer 26

IAB

Question 27

Upon return of the investigation from IAB to the Area Command, how soon must a date be set for confict resolution?

Answer 27

Within 21 days

Question 28

“Complaints classified as Minor Allegations and referred to a Burea/Area Command may be handled as either:

Answer 28

1. 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.
2. Informal Investigations with Supervisory Intervention (requires a contact report): The allegation, if true, would not rise to a disciplinary level.

Question 29

When a minor allegation is referred to an Area Command from IAB, how long does the Area Command have to complete the investigation? Who must approve an extension?

Answer 29

30 Days, IAB Lieutenant

Question 30

When a supervisor conducts a formal investigation of a minor allegation, the supervisor will contact the subject employee, telephonically or in person, advising them of the investigation, the need to interview them and of the following:

Answer 30

1. A description of the nature of the investigation.
2. A summary of their alleged misconduct.
3. The date.
4. The name and rank of the officer in charge of the investigation and officers who will conduct any interrogation.
5. The name of any other person who will be present at any interrogation or hearing.
6. The rights to representation under NRS 289.080. The representative must not be connected to the investigation.
7. The name of the collective bargaining association for that employee.

Question 31

When a supervisor conducts a formal investigation of a minor allegation, how much notice must the subject employee be given before conducting an interview.

Answer 31

At least 48 hours, excluding non-working days, AFTER the subject employee receives (email or fax) the “Employee Notice of Internal Investigation”.

NOTE: The subject employee can waive this notice.

Question 32

When a supervisor conducts a formal investigation of a minor allegation, the supervisor will record interviews using the interview format (complainant or employee) provided by IAB. The ____________ MUST be contacted if a complainant or witness refused to be recorded.

Answer 32

IAB Lieutenant

Question 33

“When a supervisor conducts a formal investigation of a minor allegation, the supervisor will ensure the subject employee’s interview and witness interviews that are used to prove a case finding are ____________.”

Answer 33

Transcribed

Question 34

“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, mentoring, mediation or any component of the Early Identification and Intervention Program. The decision to apply supervisory intervention rests with ___________________ and _________________.

Answer 34

The employee’s Bureau/Area Command Commander, The Office of Labor Relations

Question 35

After completing a formal investigation at the Bureau level, what must be submitted to IAB?

Answer 35

The Investigative Report

Question 36

For investigations for Supervisory Intervention, what forms must be completed and submitted?

Answer 36

The Supervisor Intervention Form and a Contact Report (documenting the session with the employee) must be completed and submitted to IAB.

Question 37

“Any delays in completing the bureau level investigation within __________ of being assigned must be approved by the _____________ via a Request for Extension.When a case is extended, the investigator will advise the complainant of the delay.”

Answer 37

30 days, IAB Lieutenant

Question 38

Upon the completion of an internal investigation (including Bureau level), IAB will produce a _________ identifying IAB’s findings.

Answer 38

Disposition Report

Question 39

What are the two options for addressing sustained complaints?

Answer 39

1. Supervisory Intervention

2. Formal Discipline

Question 40

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

Answer 40

Clear and Convincing Evidence - the conduct was substantially more likely than not to have occurred.

Question 41

Once IAB has determined that a case is suitable for Conflict Resolution/Mediation, how soon will a date be set for the meeting to occur?

Answer 41

Within 21 days