Supervision- Session 10 Flashcards
(21 cards)
Personnel Complaints:
What should be done with all allegations of misconduct?
- **All **allegations should be investigated unless the act is something trivial like officer was not wearing their hat.
- All instances should be documented even if informally addressed.
- Supervisors should never document improper behavior without making it known to the subordinate that the conduct is an issue.
- Should be prompt and must result in some form of conclusion with a founding in favor of the accused or accuser
How should supervisors address breaches of discipline?
Every instance of an observed breach of discipline should be addressed by the supervisor
When possible this hsould be done in private
What is the primary objective of an investigation system?
Primary:
* Protect integrity and reputation of the department
* Protect agency from criticism.
* Protect the public
* Protect unjustly accused employees (Not to protect from all complaints just unjust or malicious ones)
Secondarily:
* Maintain public confidence
* As a system to measure objectives
* Avoidance of appearance of preferential treatment
What are the sources of complaints?
Sources can be:
* Internal
* External
and
* Primary (victim)
* Secondary (on behalf of victim).
How should investigators approach interviewing a complainant?
Investigators should not show any bias when interviewing a person making a complaint.
What should investigators be aware of during investigations?
Investigators should be aware of underlying motives and research prior contact between the officer and the complainant.
What should an investigator do if a complaint is obviously false?
Explain the procedure to the complainant, which may mitigate the complaint.
What should be done with verbal complaints?
Verbal complaints should be reduced to writing as soon as possible.
Should second party complaints be dismissed?
No, second party complaints should not be dismissed simply because they are not coming from the primary party.
What is a potential negative impact of anonymous complaints?
They can negatively affect morale.
How should anonymous complaints be treated?
They should be investigated to the same extent as other anonymous tips.
What should be done with intoxicated complainants?
Interview them and take the complaint, but reinterview at a later date with heightened sobriety.
What rights does the accused have during an investigation?
They must be provided with written notice of accusations, opportunity to be heard, and a hearing from an impartial body.
No records should be taken on final dispositions or evidence of a comlaint without the accused being notified
Should accusers and accused officers be brought together?
No, we do not bring accusers and accused officers together.
What is the meaning of the complaint dispositions:
* Sustained
* Exonerated
* Unfounded
* Not Sustained
- Sustained: Facts of the complaint are supported by evidence.
- Exonerated: The evidence indicates the act complained of did occur but the officer acted with necessary and proper conduct.
- Unfounded: The events of the complaint did not happen.
- Not Sustained: Complaint made, contact between officer and comlainant may have occurred, not enough evidence to find in favor of the complainant.
Alternative Finding:
* Misconduct Not Based on Complaint or Misconduct Noted- The misconduct accused is not found but other misconduct discovered during course of the investigation
What should complainants be informed of regarding their complaint disposition?
They should be made aware of the disposition but not of discipline or penalties.
Can be told the disposition and that “Appropriate action has been taken”
What should be done if a complaint revolves solely around a traffic offense?
Instruct the complainant to go to court.
What should a supervisor do if a complaint revolves around a procedural matter?
Explain department procedures.
Example: “They had 3 cars there, they kept the lights on me, they made me feel like a criminal”
What should supervisors do regarding misconduct observed off duty by officers either on or off duty?
Do not take immediate action, observe and report or make some sort of notification
(Do not take immediate action this could be an undercover investigation you are not aware of)
What is a key consideration for civil rights complaints?
Determine if officer actions are in the scope of their duty.
What is required if excessive force complaints are substantiated?
Prompt action is required with respect to due process.
This protects the department from potential lawsuits from additinal conduct of similar nature by the officer before discipline was taken
