Section 2 Complaints & Internal Investigation Procedures

Question 1

It is the policy of this department to investigate all complaints of employee misconduct, including harassment and/or discrimination whether on or off duty, to ensure effective measures to manage employee performance and conduct and assure the public’s trust.

True or False?

Answer 1

True.

Question 2

IAB Investigators and bureau/area command investigators conducting internal investigations will receive the full cooperation of all department employees, whether subject, complainant, and/or witness.

Failure to cooperate will be considered insubordination and subject that employee to disciplinary measures, up to and including termination. An interview with a department employee as a subject or witness is an official document.

True or False?

Answer 2

True.

Question 3

When a department employee is suspected of misconduct relating to an alcohol or drug abuse allegation, _______ will be contacted immediately and the responsible supervisor will follow the appropriate actions in 5/110.26, Department Drug Testing Program, (Including: reasonable suspicion testing).

Answer 3

IAB

Question 4

Receipt of Complaints:

Complaints will be accepted from any source and shall be received with a minimum of inconvenience to the complainant. _______ complaints will be evaluated by IAB to determine the extent to which they should be investigated.

Answer 4

Anonymous

Question 5

Receipt of Complaints:

If the employee receiving the complaint is not the direct supervisor of the involved employee or IAB, the supervisor receiving the complaint will provide the complainant the name of the Bureau Commander of the involved employee.

IAB will be immediately notified of any incident or complaint alleging a _______ _______, _______ or _______ abuse, or _______ _______ by an employee.

Answer 5

major violation, alcohol or drug abuse, or criminal acts by an employee.

Question 6

Receipt of Complaints:

Complaints of harassment and/or discrimination may be reported to any one or a combination of the following:

Answer 6

1. Any supervisor;
2. The Director of the Employment Diversity Section (EDS);
3. The Internal Affairs Bureau Commander;
4. The Office of Human Resources Commander.

Question 7

Receipt of Complaints:

Complaints of harassment and/or discrimination will be documented on a Statement of Complaint (SOC), LVMPD 272, and forwarded to the ____________.

Answer 7

Director of the Employment Diversity Section.

Question 8

Receipt of Complaints:

All other complaints against department employees will be documented on a Statement of Complaint and forwarded directly to IAB for review and assignment for investigation. Not all citizen contacts will rise to the level of a Statement of Complaint.

Answer 8

1. Complaints will be received by a department supervisor;
2. Telephonic complaints will be taken at the time of the call or, if during business hours, transferred to IAB;
3. Complainants appearing in person will be given assistance in completing the SOC;
4. All written or electronic complaints are to be forwarded to the IAB;
5. After business hours, an on-duty lieutenant will be contacted to assess the need for immediate IAB response;
6. Procedural complaints by DSD inmates will be handled in accordance with DSD procedures.

Question 9

Types of Investigations:

Citizen Contact/Preliminary Inquiry:

Answer 9

Conducted to determine the nature of the complaint, they are not considered formal investigations.

Question 10

Types of Investigations:

Customer Service Dispute:

Answer 10

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 department policy or violation of law.

Question 11

Types of Investigations:

Employment Diversity Section -

Minor Allegation Investigation:

Answer 11

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

Question 12

Types of Investigations:

Employment Diversity Section -

Major Allegation Investigation:

Answer 12

Allegations of misconduct that if found to be true would 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.

Question 13

Internal Investigation Findings:

Investigations conducted by the department upon completion are given findings by IAB as follows:

Answer 13

1. Sustained - Investigation established that misconduct occurred.
2. Not Sustained - Investigation failed to produce sufficient evidence to clearly prove or disprove the allegation.
3. Unfounded - Complained of conduct did not occur.
4. Exonerated - The act complained of did occur, but it was justified, legal, and proper.
5. Misconduct Not Based on Complaint - Misconduct occurred, but was not a part of the original complaint.
6. Policy Failure - The act did occur and was in compliance with Department Policy. However, it is also determined that the allegation of misconduct could have been prevented had policy been more clear or complete.

Question 14

Receipt of Complaints:

Supervisor Receiving or Initiating a Complaint will:

Answer 14

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.
   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 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, a SOC will be completed and forwarded to IAB for review and conclusion;
2. Explain the investigatory process to the complainant.

Question 15

Receipt of Complaints:

Internal Affairs Bureau will:

Answer 15

1. Receive the SOC and assign an IAB Case Management System (CMS) contact number for reference.
2. Forward the SOC to the appropriate IAB lieutenant for initial case classification;
3. Review the preliminary inquiry and then classify the complaint within 14 days of receipt;
4. Forward all SOC for non-EDS cases from the Employment Diversity Section to the IAB lieutenant for investigation;

Question 16

Receipt of Complaints:

IAB Lieutenant will:

Answer 16

1. Conduct, or assign responsibility for, a preliminary investigation to determine if the complainant’s allegation constitutes misconduct, a customer service dispute, or a violation of department policy, procedure, rule, regulation, or law;
2. Upon completion of the preliminary investigation determine if a formal investigation will occur and assigns the investigation as follows:
   a. Major allegations will be investigated by IAB, unless otherwise directed by the Sheriff, or designee;
   b. Minor allegations may be investigated by the Bureau/Area Command. IAB will investigate those minor allegations not assigned to a Bureau/Area Command and also assume control over any investigation as needed;

Question 17

Receipt of Complaints:

IAB Lieutenant will:

Answer 17

1. Conduct, or assign responsibility for, a preliminary investigation to determine if the complainant’s allegation constitutes misconduct, a customer service dispute, or a violation of department policy, procedure, rule, regulation, or law;
2. Upon completion of the preliminary investigation determine if a formal investigation will occur and assigns the investigation as follows:
   a. Major allegations will be investigated by IAB, unless otherwise directed by the Sheriff, or designee;
   b. Minor allegations may be investigated by the Bureau/Area Command. IAB will investigate those minor allegations not assigned to a Bureau/Area Command and also assume control over any investigation as needed;

Question 18

Handling Customer Service Dis[utes, Citizen Contacts and Preliminary Investigations:

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 complainant department policy, procedures, rule, regulation, law or practice and how the issue does not rise to misconduct;
2. Document the discussion in Blue Team as a Citizen Contact.

Question 19

Investigations of Major and/or Minor Allegations:

Notice of Internal Investigation:

IAB will notify the _______ _______ when it is determined that employees will be formally investigated concerning possible misconduct. (For those investigations that require Operational Security the decision to notify the _______ _______ will be decided at the Division Commander level).

Answer 19

Bureau/Area Commander

Question 20

Investigations of Major and/or Minor Allegations:

The Bureau/Area Commander will ensure that the investigatory process is explained to the subject or witness employee by his _______ _______.

Answer 20

direct supervisor

Question 21

Investigations of Major and/or Minor Allegations:

Investigative Timelines:

All internal investigations should be completed within _____ days. Any delays will be approved by the Internal Affairs Bureau Lieutenant via a Request for an Extension.

When a case is extended, the investigator will advise the complainant of the delay and document in the case management system.

Answer 21

90 days

Question 22

Investigations of Major and/or Minor Allegations:

_______ Investigations are an alternative method to a full investigation. When an employee readily acknowledges his action(s) and wants to conclude the matter promptly, an _______ investigation may occur.

Answer 22

Expedited Investigations

Question 23

Investigations of Major and/or Minor Allegations:

Examples of the types of investigations that may be waived (Expedited Investigations), but not limited to:

Answer 23

Abuse/Excessive use of Sick Leave;

Reporting for duty/tardiness;

Any case where an employee has been previously disciplined for the same or similar policy violations and/or conduct issues, or where the discipline is specifically identified as a line item in the disciplinary decision guide.

Question 24

Minor Allegations That Will Be Resolved Using Conflict Resolution:

Certain types of allegations involve conflict between two parties. The policy of the department is to use a conflict resolution process to resolve such disputes.

True or False?

Answer 24

True.

Question 25

Minor Allegations That Will Be Resolved Using Conflict Resolution:

The _______ _______ _______ is a cooperative effort between LVMPD, the Clark County Neighborhood Justice Center (CCNJC), and the Citizen’s Review Board (CRB) to provide a method of resolution of some complaints alleged against employees by citizens or other employees.

Answer 25

Conflict Resolution Program (CRP)

Question 26

Minor Allegations That Will Be Resolved Using Conflict Resolution:

The Conflict Resolution Program process is non-judgmental and will not result in discipline, administrative action, or report.

The goal is to resolve issues and restore relationships through communication. This alternative to an internal investigation provides an opportunity for participants to communicate an understanding with the assistance of trained mediators.

True or False?

Answer 26

True.

Question 27

Minor Allegations That Will Be Resolved Using Conflict Resolution:

The Conflict Resolution Program may also be used to resolve differences that arise between department employees and/or citizens that have not yet been raised to the level of a formal complaint/major allegation.

True or False?

Answer 27

True.

Question 28

Minor Allegations That Will Be Resolved Using Conflict Resolution:

Is Mediation appealable through any grievance process?

Answer 28

Mediation is not appealable through any grievance process.

Once the mediation process is completed in accordance with this procedure, the internal review of the allegation is considered a closed, confidential matter.

Question 29

Conflict resolution will not be used more than one time with the same complainant unless agreed to by all parties involved in the dispute.

True or False?

Answer 29

True.

Question 30

Who will be responsible for the overall administration of the conflict resolution program?

Answer 30

The Internal Affairs Bureau

Question 31

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

Answer 31

1. Formal Investigations

2. Supervisory Intervention (requires a contact report)