8.330 Maintenance Of Values And Ethics

Question 1

Citizen Contact/ Preliminary Inquiry

Answer 1

Not considered formal investigations, these are conducted to determine the nature of the complaint.

Question 2

Citizen Review Board

Answer 2

Created by law to review internal investigations concerning complaints against commissioned police and corrections officers. It is the policy of this department to fully cooperate with CRB (under the terms of those laws and the operating agreement and its addenda) to ensure public confidence in LVMPD’s ability to effectively investigate conduct complaints.
To ensure consistency, all requests from CRB, including those for training, site visits, and policy/SOP requests, will go through the lAB commander. In the absence of the IAB commander, the Deputy Chief of the Professional Standards Division will address all CRB requests.

Question 3

Customer service dispute

Answer 3

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 allegation that involves a violation of law or department policy.

Question 4

Minor Allegation Investigation

Answer 4

Allegations of misconduct that if found to be true could result in discipline in a Written Reprimand. These cases can be investigated by the bureau upon approval and direction from IAB.

Question 5

Major Allegations Investigation

Answer 5

Allegations of misconduct that if found to be true could result in a disciplinary transfer, suspension, demotion, or termination. All such cases will be investigated by lAB unless otherwise directed by the Sheriff or designee.

Question 6

Sustained

Answer 6

Investigation established that misconduct occurred.

Question 7

Not sustained

Answer 7

Investigation failed to produce sufficient evidence to clearly prove or disprove the allegation.

Question 8

Unfounded

Answer 8

The alleged act did not occur

Question 9

Exonerated

Answer 9

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

Question 10

Misconduct not based on complaint

Answer 10

Misconduct occurred but was not part of the original complaint

Question 11

Policy Failure

Answer 11

The act did occur and was in compliance with department policy; however, the determination is the allegation of misconduct could have been prevented had policy been more clear or complete.

Question 12

Burden of proof for internal investigation

Answer 12

Clear and convincing evidence

Question 13

lAB will be immediately notified of any incident or complaint alleging a major violation, alcohol or drug abuse, or criminal acts by an employee. CIS will be immediately notified of any reports of criminal acts disclosed by a citizen or employee that are not the result of a compelled statement.

Answer 13

Notifications

Question 14

Supervisor receiving or initiating a complaint will:
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, an SOC will be opened.
a. 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.
b. 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, an 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.
b.
Document the discussion in Blue Team as a citizen contact.

Answer 14

Supervisor responsibilities for Complaints

Question 15

Internal investigations timeline

Answer 15

All internal investigations should be completed with 90 days unless approved by the IAB lieutenant

Question 16

Investigations of Minor allegations by a bureau command. Formal investigations

Answer 16

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.

Question 17

Investigation of minor allegations by a bureau command. Informal investigations

Answer 17

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

Question 18

Actions for internal investigation disposition

Answer 18

1. Not Sustained, Unfounded, and Exonerated: No further action required.
2. Misconduct Not Based on Complaint: Follow the procedure outlined in Addressing Sustained Complaints.
3. Policy Failure: IAB will notify the Policy and Research Unit and coordinate the needed changes to policy.
4. Sustained: Follow the procedure outlined in Addressing Sustained Complaints.