G.O. 5.1.2 INTERNAL COMPLAINTS INVESTIGATIVE PROCEDURES Flashcards Preview

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Flashcards in G.O. 5.1.2 INTERNAL COMPLAINTS INVESTIGATIVE PROCEDURES Deck (60)
1

for the purpose of this policy, an __________ is defined as all full time and
part time personnel compensated by the Sheriff and all Reserve I and Reserve
deputies.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Employee

G.O. 5.1.2 3A

2

the review and evaluation of information related to any suspected violation
of agency policy or procedure by an employee to determine whether a reasonable
belief exists that the employee was involved in the alleged violation and a formal
investigation is necessary. An _______ may be necessary before a formal
investigation is undertaken.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Inquiry

G.O. 5.1.2 3B

3

an official review and evaluation of information relative to any
suspected violation of agency policy or procedure where sufficient information exists
to reasonably believe that the employee may have committed the violation. The
findings of an investigation could lead to disciplinary action.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Investigation

G.O. 5.1.2 3C

4

an allegation of misconduct, violation of law, or of agency policy or
procedure by any member of the agency, whether initiated by citizens or another agency member

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Complaint

G.O.5.1.2D

5

any type of electronic device that retains comments or statements to
include, but not limited to, dictaphones, audio recorders, video cameras, minicamcorders,
and the like. Recordings may also be any written statements by
witnesses or written admissions by any alleged violator in an investigation.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Recording

G.O. 5.1.2 3E

6

an individual who appears with the employee during an
interrogation/interview providing support and advice to the employee. This
individual may or may not be a member of the agency. This individual is prohibited
from participating directly during the interrogation; he/she will be permitted to
consult with the employee or provide support and advice to the employee.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Representative

G.O. 5.1.2 3F

7

the component of the agency which is responsible for
coordinating and exercising supervision over all complaints and/or allegations of
misconduct against the Sheriff's Office or its employees. The Professional
Standards Section Commander shall be directly responsible for the internal affair’s
function and shall report all pertinent information directly to the Sheriff.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Professional Standards

G.O. 5.1.2 3G

8

facts that constitute less than probable cause but more
than a mere guess.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Reasonable Suspicion

G.O.5.1.2 3H

9

a hearing provided to an employee who has been
relieved of duty without pay pending the completion of an internal investigation and
disciplinary process.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Post Deprivation Hearing

G.O. 5.1.2. 3i

10

an elective process by which an employee
may acknowledge having violated agency policy and accept discipline, rather than
proceeding with a formal investigation and disciplinary appeal. A DDRP affords the
employee and agency an opportunity to negotiate a mutually acceptable resolution
to policy violations.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Discipline Dispute Resolution Process-

G.O. 5.1.2 3J

11

reports, videos, and other items in the possession of the
investigating authority which are obtained during the administrative investigation,
and which are directly related to the allegations being investigated. This includes,
but is not limited to, the complaint, all witness statements, all other existing subject
officer statements, incident reports, GPS locator information, and audio or video
recordings.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Existing Evidence

G.O. 5.1.2 3K

12

Monday through Friday, excluding holidays.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Working Days

G.O.5.1.2 3L

13

for the purpose of the alleged intentional violations, the
___________ will be the Professional Standards Section Commander or
designee.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Sheriff’s Designee

G.O.5.1.2 3M

14

A three member panel chosen to review the
circumstances and facts surrounding an alleged intentional violation of the rights
protected by the Law Enforcement Officer Bill of Rights set forth in F.S.S. 112.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Compliance Review Panel

G.O.5.1.2 3N

15

A hearing conducted by a Compliance Review Panel
to determine if a sworn employee’s Law Enforcement Officers’ Bill of Rights have
been intentionally violated during an administrative investigation.

Inquiry

Employee

Complaint

Investigation

Recording

Representative

Professional Standards

Reasonable Suspicion

Post Deprivation Hearing

Discipline Dispute Resolution Process-

Existing Evidence

Working Days

Sheriff’s Designee

Compliance Review Panel

Compliance Review Hearing

Compliance Review Hearing

G.O.5.1.2 3O

16

All agency supervisors are responsible for investigating complaints against
subordinates, or referring complaints to Professional Standards for
investigation.

True

False

True

G.O.5.1.2 4A1

17

Investigations conducted by supervisors are external investigations
and must conform to this policy. The investigations must be in
compliance with F.S. 122.532 and F.S. 112.533 (Law Enforcement
Officers’ Bill of Rights).

True

False

False

G.O.5.1.2 4A1a

Investigations conducted by supervisors are INTERNAL investigations
and must conform to this policy. The investigations must be in
compliance with F.S. 122.532 and F.S. 112.533 (Law Enforcement
Officers’ Bill of Rights).

18

A supervisor may investigate his/her own complaint against an employee,
unless the employee can show a clear and convincing conflict of interest as
determined by the Director of Human Resources, Agency General Counsel, or their designee, or where the alleged violation could result in a demotion or
termination.

True

False

True

G.O.5.1.2 4A2i

19

In the event the supervisor determines the complaint, if
true, could lead to disciplinary action of a suspension without pay or loss of
benefits of forty-one (41) or more hours, further investigation of the complaint
will not be conducted by that supervisor

True

False

True

G.O.5.1.2 4A2i

20

Shall be responsible for recording, registering and
controlling alleged or suspected misconduct complaints against the Sheriff's
Office or its employees and maintaining the confidentiality of all documents,
records and files pertaining to internal investigations, within the parameters
of applicable law.

PSD

HRD

Division Commander

Supervisor

PSD

G.O.5.1.2 4A3

Professional Standards shall be responsible for recording, registering and
controlling alleged or suspected misconduct complaints against the Sheriff's
Office or its employees and maintaining the confidentiality of all documents,
records and files pertaining to internal investigations, within the parameters
of applicable law.

21

__________shall be responsible for investigating :
Issues of moral turpitude, Violation of Federal Law (except ADA complaints unless directed by
the Sheriff or designee)., Sexual harassment., Violation of Municipal or County Ordinances, Corruption.

PSD

HRD

Section Commander

Division Commander

PSD
G.O.5.1.2 4A3

Professional Standards shall be responsible for investigating the following
complaints:
a. Violation of Municipal or County Ordinances.
b. Violation of Florida State Statutes.
c. Violation of Federal Law (except ADA complaints unless directed by
the Sheriff or designee).
d. Sexual harassment.
e. Corruption.
f. Excessive use of force.
g. Complaints of illegal discrimination made by a citizen or an agency
employee.
h. Issues of moral turpitude.
i. Allegations of misconduct that if sustained may result in termination or
demotion of the accused employee.

22

In cases of Category 10 violations, an agency manager shall consult
with Professional Standards, the Human Resources Director or an
agency attorney if he or she believes the alleged offense may be
egregious enough,

True

False

True

G.O.5.1.2 4A3i

In cases of Category 10 violations, an agency manager shall consult
with Professional Standards, the Human Resources Director or an
agency attorney if he or she believes the alleged offense may be
egregious enough, or due to progressive discipline, an employee may
be served with demotion or termination if the allegation is sustained.
At-will terminations shall be handled in accordance with General
Order 5.1.0.

23

When the Section Commander, Lieutenant/Commander or
Watch Commander is advised an agency employee is the
subject of a criminal investigation, he/she shall immediately
notify the Professional Standards Section Commander or
designee.

true

false

True

G.O.5.1.2 4A1
When an agency employee is involved in an incident which could lead
to an arrest, a criminal investigation will be conducted pursuant to
criminal investigative procedures.
1. When the Section Commander, Lieutenant/Commander or
Watch Commander is advised an agency employee is the
subject of a criminal investigation, he/she shall immediately
notify the Professional Standards Section Commander or
designee.

24

The investigating deputy shall consult with his/her
Lieutenant/Commander, or the Watch Commander, via the chain of
command prior to an arrest.

True

False

True

G.O.5.1.2 4B

25

All criminal investigations involving agency employees that require
investigation shall be referred to HRD for
investigation unless otherwise directed by the Sheriff or designee.

True

False

False
G.O.5.1.2 4C
All criminal investigations involving agency employees that require
investigation shall be referred to Professional Standards for
investigation unless otherwise directed by the Sheriff or designee.

26

The Professional Standards Section Commander shall report the
status of ongoing investigations and all complaints against the agency
and employees to the Sheriff.

True

False

True

G.O.5.1.2 5A

27

shall be notified immediately when the following
complaints are received against the agency or its employees:
1. Civil liability suits against members of the agency.
2. Allegations of corruption.
3. Allegations of excessive force or brutality where there is
evidence to support the allegation.
4. Violations of civil rights where there is evidence to support the
allegation.
5. Allegations of criminal misconduct where there is evidence to
support the allegation.

Division Commander

PSD

Sheriff

Undersheriff

Sheriff

G.O.5.1.2 5B
The Sheriff shall be notified immediately when the following
complaints are received against the agency or its employees:
1. Civil liability suits against members of the agency.
2. Allegations of corruption.
3. Allegations of excessive force or brutality where there is
evidence to support the allegation.
4. Violations of civil rights where there is evidence to support the
allegation.
5. Allegations of criminal misconduct where there is evidence to
support the allegation.

28

Professional Standards personnel, agency supervisors, and managers have
the authority to inspect/review or cause to be reviewed agency equipment
(e.g., EPASS records, employee e-mail, etc.) assigned to personnel under
their command.

True

False

True

G.O.5.1.2 6

29

According to state statute, the Law Enforcement Officers’ Bill of
Rights applies to full-time law enforcement officers, including full-time
deputies (F.S.S. 112.531 - 112.535).

True

False

True

G.O.5.1.2 6B1A

30

The interview procedures specified in the Law Enforcement Officers’
Bill of Rights apply to “investigations,” not “inquiries.”
True

False

True

G.O.5.1.2 6B.C

31

The interview rights set forth in the Law Enforcement Officers’ Bill of
Rights and this policy does apply also to subordinate/ supervisor
counseling sessions or to the administering of counseling forms.

True

False

False
G.O.5.1.2 6B.D

The interview rights set forth in the Law Enforcement Officers’ Bill of
Rights and this policy does not apply to subordinate/ supervisor
counseling sessions or to the administering of counseling forms.

32

Newly employed probationary personnel are afforded all rights
enumerated under the Law
Enforcement Officers’ Bill of Rights

True

False

True
G.O.5.1.2 6B.G

Newly employed probationary personnel are afforded all rights
enumerated under this policy. However, this policy does not affect
their "at-will" status.

33

The investigating authority will consult with the Professional
Standards Section Commander, or designee, within 24 hours of the
documented date and time of the request to develop a remedy for
both the employee and agency.

True

False

True

G.O.5.1.2 (B2k3)

34

If the investigation contains more than one (1) person under
investigation, the investigation may continue although time will be
tolled for the person who alleged the intentional violation of his/her
Law Enforcement Officers’ Bill of Rights.

true

False

True

G.O.5.1.2 (B2k3)

35

Administrative actions such as relieving personnel from duty pending
an investigation or transferring or reassigning personnel to better
allocate agency resources are not disciplinary or punitive in nature
and, therefore, are excluded from this requirement.

True

False

True

G.O.5.1.2 (B2L)

36

the agency as a matter of policy applies the 180-day rule in the
LEO Bill of Rights to all complaints, whether they were generated
internally or externally and whether the subjects are sworn or non-sworn
members, the Sheriff reserves the right to apply the applicable
legal standard to all complaints generated internally or concerning
non-sworn members

True

False

True

G.O.5.1.2 (B2M)

37

If the investigation involves an officer who is incapacitated or
otherwise unavailable, the running of the limitations period is not
tolled during the period of incapacitation or unavailability.

True

False

False

G.O.5.1.2 (B2M3)

If the investigation involves an officer who is incapacitated or
otherwise unavailable, the running of the limitations period IS
tolled during the period of incapacitation or unavailability.

38

In a multi-jurisdictional investigation, the limitations period may
be extended for a period of time reasonably necessary to
facilitate the coordination of the agencies involved.

True

false

True

G.O.5.1.2 (B2M4)

39

Any disciplinary action resulting from an investigation that is
reopened pursuant to this subsection, must be completed
within _______ (__) days after the date the investigation is
reopened.

30

60

90

90

G.O.5.1.2 (M8)

Any disciplinary action resulting from an investigation that is
reopened pursuant to this subsection, must be completed
within ninety (90) days after the date the investigation is
reopened.

40

Should a supervisor determine that the complaint is against a person who is
not his/her subordinate, the complaint shall immediately be referred to the
appropriate supervisor if known. If unable to determine who the
supervisor/employee is, the complaint shall be forwarded, by way of a
memorandum, to _________________

HRD

Division Commander

Section Commander

Professional Standards (PSD)

Professional Standards (PSD)

G.O.5.1.2 (C3)

Should a supervisor determine that the complaint is against a person who is
not his/her subordinate, the complaint shall immediately be referred to the
appropriate supervisor if known. If unable to determine who the
supervisor/employee is, the complaint shall be forwarded, by way of a
memorandum, to Professional Standards.

41

Any political subdivision (agency employee/supervisor) who initiates or
receives a complaint against a law enforcement officer must within _________
business days forward the complaint to the employing agency of the accused
employee.

5

10

15

20

5

G.O.5.1.2 (C4)

Any political subdivision (agency employee/supervisor) who initiates or
receives a complaint against a law enforcement officer must within five (5)
business days forward the complaint to the employing agency of the accused
employee.

42

Professional Standards shall render technical assistance to any supervisor
who requests it.

True

False

True

G.O.5.1.2 (C5)

43

Complaints may initially be worked as inquiries. If while conducting an
inquiry, the investigating supervisor cannot establish a reasonable belief that
a policy violation has occurred, the complaint may be concluded at the
inquiry level. An inquiry will be assigned a tracking number.

True

False

False

G.O.5.1.2 (C7)

Complaints may initially be worked as inquiries. If while conducting an
inquiry, the investigating supervisor cannot establish a reasonable belief that
a policy violation has occurred, the complaint may be concluded at the
inquiry level. An inquiry will NOT be assigned a tracking number.

44

The investigating supervisor should make every effort possible to investigate
all complaints within forty-five (45) days.

True

False

True

G.O.5.1.2 (C9)

45

After investigation, all formal investigations shall be forwarded to and
retained by _______________ pursuant to the Records Retention
Schedule authorized by the Department of Library and Informational
Services.

HRD

PSD

Immediate supervisor

PSD

G.O.5.1.2 (C11)

After investigation, all formal investigations shall be forwarded to and
retained by Professional Standards pursuant to the Records Retention
Schedule authorized by the Department of Library and Informational
Services.

46

All complaints that cannot be resolved by the supervisor via telephone or in
person with the complainant may be investigated formally or as an inquiry.

True

False

True

G.O.5.1.2 (D1)

47

The supervisor conducting the formal investigation shall ensure the
Initial Complaint Form is completed and a tracking number is obtained
from ____________________--
Division Commander

HRD

PSD

PSD

G.O.5.1.2 (D1C )

The supervisor conducting the formal investigation shall ensure the
Initial Complaint Form is completed and a tracking number is obtained
from Professional Standards.

48

Witnesses have the same rights under the Law
Enforcement Officers’ Bill of Rights and are entitled to representation during an interview.

True

False

False

G.O.5.1.2 (D 2 )

Witnesses have no rights under the Law
Enforcement Officers’ Bill of Rights and are not entitled to representation
during an interview.

49

When requested, an employee may be given up to seventy-two (72) hours to contact, consult with, and secure the attendance of a representative at the
interview.

true

false

True

G.O.5.1.2 ( D 5 )

50

Unless otherwise remedied by the agency before the hearing, a compliance review hearing must be conducted within _____ working days after the
request for a compliance review hearing is received by the Sheriff’s designee.

5

10

15

20

10

G.O.5.1.2 ( E 7 )

Unless otherwise remedied by the agency before the hearing, a compliance
review hearing must be conducted within ten (10) working days after the
request for a compliance review hearing is received by the Sheriff’s
designee.

51

The Conclusion will be based on the preponderance of evidence established
during the investigation

True

False

True

G.O.5.1.2 (H3)

52

A finding or conclusion that the incident alleged in the complaint did
not occur or did not involve agency personnel.

Unfounded

Exonerated

Not Sustained

Sustained

Exonerated Due to Policy Failure

Exonerated Due to Training Failure

Unfounded

G.O.5.1.2 (H3A)

A finding or conclusion that the incident alleged in the complaint did
not occur or did not involve agency personnel.

53

A finding or conclusion that an incident did occur, but actions taken by
agency personnel were consistent with applicable law and/or the
Sheriff's regulations.

Unfounded

Exonerated

Not Sustained

Sustained

Exonerated Due to Policy Failure

Exonerated Due to Training Failure

Exonerated

G.O.5.1.2.(H3B)

54

A finding or conclusion fails to discover sufficient evidence to prove
the allegations made in the complaint.

Unfounded

Exonerated

Not Sustained

Sustained

Exonerated Due to Policy Failure

Exonerated Due to Training Failure

Not Sustained

G.O.5.1.2 (H3C)

55

A finding or conclusion that an allegation is supported by a
preponderance of evidence. "Preponderance" means greater weight
of evidence, or evidence which is more credible and convincing to the
mind.

Unfounded

Exonerated

Not Sustained

Sustained

Exonerated Due to Policy Failure

Exonerated Due to Training Failure

Sustained:

G.O.5.1.2 (H3D)

56

A finding or conclusion that present policy, procedures, rules, or
regulations concerning the situation were nonexistent or inadequate.

Unfounded

Exonerated

Not Sustained

Sustained

Exonerated Due to Policy Failure

Exonerated Due to Training Failure

Exonerated Due to Policy Failure

G.O.5.1.2 (H3E)

57

A finding or conclusion that agency training covering the situation was
nonexistent or inadequate.

Unfounded

Exonerated

Not Sustained

Sustained

Exonerated Due to Policy Failure

Exonerated Due to Training Failure

Exonerated Due to Training Failure

G.O.5.1.2. (H3F)

58

The Professional Standards Section Commander shall prepare a statistical
report annually for dissemination to the public and agency employees

True

False

True

G.O.5.1.2. (I 1)

59

Media Relations and Professional Standards personnel shall share the
responsibility for disseminating information to the public on procedures for
registering complaints against agency employees.

True

False

True

G.O.5.1.2. (I 3)

60

Once a formal investigation is concluded, the complete case file and
investigative report, including all attachments and audio/video recordings,
shall be sent to ___________________ for filing.

HRD

PSD

CID

PSD

G.O.5.1.2. (J 1)

Once a formal investigation is concluded, the complete case file and
investigative report, including all attachments and audio/video recordings,
shall be sent to Professional Standards for filing.