Police Department Policy

ConcordPolice_03.17_Personnel_Investigations_and_Disci_2616069

Concord PD

Policy Text
03.17.0 PURPOSE The purpose of this standard operating procedure is to communicate the proper procedures to follow regarding personnel investigations. It is important to distinguish a personnel investigation, which is an administrative inquiry, from a criminal investigation. 03.17.01 POLICY The Concord Police Department takes seriously all complaints regarding the service it provides and the conduct of its coworkers . The department will accept and address all complaints of misconduct in accordance with this general order, and applicable federal, state, and local law. It is also the policy of this department to ensure that its coworkers and the community can report mi sconduct without concern for reprisal or retaliation. 03.17.02 DEFINITIONS A. ANONYMOUS COMPLAINT A citizen or internally generated complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint. B. CITIZEN COMPLAINT A citizen complaint (or externally generated complaint) is an allegation of a Code of Conduct , standard operating procedure, or criminal violation committed by one or more coworkers . A citizen complaint can be made either orally or in writing, provided that the complainant is an adult, parent or legal guardian of a juvenile complainant, attorney representing an aggrieved party, a translator representing a non -English speaking complainant , or a person representing a m entally and/or physically challenged complainant. A citizen complaint shall be documented in writing on a Citizen Complaint Report (Form PI -1) by either the complainant or supervisor receiving the complaint. Subsequent investiga tion shall be documented on department letterhead . CONCORD POLICE DEPARTMENT STANDARD OPERATING PROCEDURE PERSONNEL INVESTIGATIONS AND DISCIPLINE GENERAL ORDER : 03.17 CREATED: September 24, 2001 ISSUED : October 1, 2022 CALEA STANDARD: 26.1.4, 26.2.1, 26.3.2, 26.3.3 EFFECTIVE DATE: October 1, 2022 ACTION : Re-numbers general order dated February 22, 2022. General Order 0 3.17 PERSONNEL INVESTIGATIONS AND DISCIPLINE Page 2 of 13 C. INTERNALLY GENERATED COMPLAINT An internally generated complaint is an allegation of a Code of Conduct or standard operating procedure violation committed by one or more coworkers . An internally generated complaint can be made by any coworker . Internally generated complaints can be made either orally (to a supervisor) or in writing ; however, a complaint al leging misconduct on the part of a captain or higher rank shall be made in writing to the Chief of Police. An internally generated complaint may be initiated by a supervisor based upon personal observation of misconduct or hearsay information that alleges misconduct. An internally generated complaint shall be documented in writing on a department memorandum , forwarded via the chain of command to the chief of police . Subsequent investigation shall also be documented on department letterhead. D. PRELIMINARY INVESTIGATION A preliminary investigation occurs whenever a supervisor receives/accepts a citizen complaint or internally generated complaint from the complainant. The supervisor who receives/accepts a complaint is the person who conducts the preliminary investigation, prior to submitting the complaint to their commanding officer. The preliminary investigation includes, but is not limited to: review of complaint, obtaining supporting documents or evidence, conductin g initial interview of complainant. E. INITIATION REPORT An initiation report communicates the investigating supervisor’s understanding of the complaint allegation(s), the identification of the accused coworker(s) , and potential procedure violation(s) ba sed upon that supervisor’s initial review of the complaint and any other information provided by the preliminary investigation. The outcome of a completed personnel investigation may differ from the violation(s) identified in the initiation report. Such di fferences do not make the initiation report inaccurate; therefore, investigating supervisors shall not alter the content of an initiation report. 03.17.03 RECEIPT OF CITIZEN COMPLAINT A. Citizens who wish to express dissatisfaction, due to the acts or omissions of one or more coworkers , or due to department policies/procedures, shall be immediately referred to a supervisor . Non -supervisory coworkers shall in no way attempt to deter a citizen from making a complaint and are prohibited from questioning ci tizens as to the nature of the complaint. If the complaint relates to a coworker of another work location (i.e., a citizen complains to a Baker District sergeant about an interaction with a David District officer), the complaint shall be accepted without r eferring the complainant to that work location. B. A PI-1 may be completed by the supervisor receiving the complaint. However, when more convenient for the complainant, the form may be completed by the complainant and returned to the department, either in person or by mail. Request that the complainant sign the report, unless the complaint is received by mail. A citizen’s refusal to sign the PI-1 shall not constitute a basis for refusing to accept a complaint. C. Whenever a citizen requests a PI-1, the coworker to whom such request is made shall provide the citi zen with the report form . General Order 0 3.17 PERSONNEL INVESTIGATIONS AND DISCIPLINE Page 3 of 13 D. Whenever a citizen communicates dissatisfaction with one or more

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