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GENERAL ORDER #14.01 1 INTERNAL AFFAIRS POLICY AND PROCEDURE GENERAL ORDER #14.01 Adopted: 07/07/2010 Updated: 02/22/2010 Replaces: G.O. #14.01 dated 4/15/08 Reviewed: 02/22/2010 ***************************************************************** ************* POLICY The Internal Affairs Unit will conduct thorough investigations of allegations of misconduct or neglect of duty involving employees and volunteers of the Sheriff’s Office . The Internal Affairs Unit will also conduct an investigation /review and submit their findings directly to the Sheriff in cases where it is determined a retiree who possesses a concealed weapon permit and has violated a department rule, or State or Federal law that, if violated by a Deputy Sheriff on active duty, would result in that deputy’s arrest, suspension, or removal from the agency. PROCEDURE A. INTERNAL AFFAIRS UNIT 1. The Internal Affairs Unit will investigate all allegations of misconduct or neglect of duty involving employees and volunteers of the Sheri ff’s Office that may lead to formal discipline and will conduct other investigations as directed by the Sheriff or the Undersheriff. “Formal discipline” means any disciplinary action resulting in a letter of reprimand, suspension, or termination. Although this is the general rule, d ivision level investigations relating to perfo rmance issues arising out of a divisional assignment may be completed at the division level even if the final outcome could rise to the level of formal discipline. 2. Investigators from the Internal Affairs Unit are authorized to cross all lines of authority to obtain written statements, to interview any employee, and to gain access to other relevant information in regard to an ongoing investigation. 3. The duties and respons ibilities of the Internal Affairs Unit are to: GENERAL ORDER #14.01 2 a. Determine whether or not a violation of Sheriff’s Office policies and procedures or County policies and procedures occurred. b. Clear those innocent of wrongdoing. c. Facilitate prompt and just discipli nary action. d. Uncover defective procedures and recommend changes. e. Abide by the Public Safety Officers Procedural Bill of Rights. f. Utilize an Early Warning System. g. Maintain and purge records of disciplinary investigations as provided by California law and by Sheriff’s Office policies and procedures. h. Provide discovery to the court with the assistance of the Administrative Services Division and the County Counsel’s Office. i. Report to the Sheriff, the Undersheriff, the Department of Justice, and the community. B. INTERNAL AFFAIRS INVESTIGATIONS 1. Internal Affairs Unit a. The Internal Affairs Unit will conduct full and thorough investigations of allegations of misconduct or neglect of duty involving employees or volunteers of the Sheriff’s Office. b. Upon receipt of a case, the Internal Affairs Unit will log it and assign it a case number. c. After the case is logged, the Internal Affairs Unit will identify the alleged violations based on a review of Sheriff’ s Office policies and procedures and Santa Clara County policies and procedures. If the allegations do not describe a violation of those policies and procedures or do not involve an employee or volunteer of the Sheriff’s Office and no further investigatio n is justified, the case may be closed as “no finding.” 1. The prepared allegations will outline the violations alleged. A copy of these allegations along with a cover letter will be sent to the employee or volunteer allegedly involved in the incident. The cover letter will instruct him or her on how the investigation will GENERAL ORDER #14.01 3 proceed. The cover letter also will specify the date and time the employee or volunteer must report for an interview. 2. An original copy and a proof of service copy of the allegatio ns (proof of service) will be sent to Division Captain, who will review it and send it to the involved employee or volunteer via the chain of command. 3. The employee or volunteer’s supervisor will give the original copy of allegations to the employee or volunteer. The proof of service copy of allegation will be completed by the employee or volunteer’s supervisor to show they were served with the allegations. The supervisor then will return the completed proof of service copy to the Internal Affairs Unit, indicating the time, date issued, and by whom. d. The employee or volunteer may be requested to submit a detailed written Employee's Report (ER), to the Internal Affairs Unit, via the chain of command, or may be directed to report for an interview with th e Internal Affairs Unit. e. Prior to being directed to respond to the complaint, the involved employee or volunteer will be advised that they have the right to confer with a representative of their choice and to have them present during the interview proc ess. f. The Internal Affairs Unit investigator or supervisor may direct any employee or volunteer not to discuss the matter with any witness, potential witness, or other employee or volunteer other than the employee’s representative. Failure to follow th is direction may result in disciplinary action. 2. Divisional Investigations a. Divisional level investigations will generally be conducted in those cases that are not likely to lead to formal discipline. Examples of divisional level investigation cas es include minor allegations of discourtesy , lack of harmonious work environment, or performance based issues. b. The Undersheriff/ Assistant Sheriffs will determine whether or not an allegation