Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT
GENERAL ORDER
TITLE ACCREDITATION
Disciplinary System and Investigative CALEA Chapters: 26.1.4(a-c);
26.2.1; 26.2.2; 26.2.4; 26.3.3,
Process
26.3.5
PROPONENT UNIT
PRIOR REVISIONS
Internal Affairs Division 03/31/16; 05/08/2020,
05/21/20,12/27/21, 01/10/24
ATTACHMENT:
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
26.5 07/01/98 05/09/2024 25
I. PURPOSE: This Order establishes a disciplinary system, to include complaint review and
investigative processes. A majority of the protections provided by this policy are only applicable
to sworn members based upon contractual and applicable state law (FSS 112). Non-sworn
employees would not be afforded a majority of these protections, as it is not applicable.
II. POLICY: The Gainesville Police Department shall institute a fair and effective disciplinary
system, the purpose is to improve employee competency, productivity, and effectiveness.
To ensure that members adhere to policies and procedures, the Department shall maintain a
system of making inquiries, reporting and investigating complaints, and providing for corrective
action, when warranted, in the form of counseling, training, or disciplinary action.
III. DEFINITIONS:
Complaint: An allegation against a Department member detailing circumstances and behaviors
regarding a specific act or omission.
Dissatisfaction with a policy, procedure, practice, philosophy, service level, or legal standard of
the Department is not a complaint.
Corrective Action: Any action or conduct that encourages, prompts, or compels an individual to
adhere to Departmental orders, directives, and procedures.
Corrective action may include counseling or training.
Disciplinary Action: Disciplinary action is corrective action taken against an employee that
exceeds a written warning.
Minor Infractions: Violations of standards of conduct established by General Order directives
that do not also rise to the level of misconduct as determined by City Policy E-3. Minor
Infractions are often handled as performance infractions and resolved with corrective action
and not discipline.
Major Infractions: Violations of standards of conduct established by General Order directives
that also rise to the level of misconduct as determined by City Policy E-3 and Moral Character
Violations as defined in Florida Administrative Code 11B-27.0011. Major Infractions often result
in discipline.\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT
Preliminary Inquiry: A process undertaken prior to the initiation of a personnel complaint
investigation. Preliminary inquiries are performed at the Bureau level outside of the
Internal Affairs Division and do not constitute an investigation under FSS 112.
AIR: Administrative Investigation Referral Form.
IAIR: Internal Affairs Investigative Report.
REDII: Request for Expedited Disposition of Internal Investigation.
Early Warning System (EWS): EWS is a system established to review repeat instances in which
an employee is involved in a use-of-force or named in a misconduct complaint so that timely
intervention, if warranted, can occur.
Crashes/Incidents: [For definitions related to vehicle crashes/incidents, see General Order 61.7,
titled ‘Department Vehicle Crash/Incident Investigation Procedures’]
Administrative Review: A documented review of the incident or occurrence prepared by or for
the Chief of Police or designee. The review should indicate whether policy, training, equipment,
or disciplinary issues should be addressed.
Gainesville Police Department: The Gainesville Police Department may be referred to as the
“department” or the “agency” and such terms are used throughout this Order interchangeably.
Internal Affairs Division: The Internal Affairs (“IA”) Division has the sole authority under FSS
112, unless otherwise specified herein, to oversee the Department’s receipt, investigation and
determination of complaints received by the Department and implement the procedure for
investigating a complaint against a member of the Department for determining whether to
proceed with disciplinary action or to file disciplinary charges in accordance with FSS 112.
Members of the IA Division are the only members, unless otherwise specified herein, who are
authorized by the Department to take receipt of a complaint and initiate an investigation of
misconduct under FSS 112.532(6)(a).
IV. AUTHORITY/DUTIES: Except as otherwise provided herein, the Internal Affairs Division,
shall be responsible for receiving, monitoring, managing, directing, and conducting (or
delegating) misconduct investigations under FSS 112, as well as:
A. Taking receipt of allegations or complaints received or generated by the Department
under FSS 112.
B. Issuing personnel complaint numbers.
C. Tracking all personnel complaint investigations and maintaining related files.
D. Entering data of all disciplinary matters.
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E. Reviewing records and monitoring determinations of no misconduct and preliminary
inquiries conducted by the Bureaus, and report on same to the Chief of Police or
designee.
F. Regularly informing the Chief of Police regarding complaints lodged against
Department members.
1. Routine notifications will occur in weekly meetings between the Internal Affairs
Investigators, and the Chief of Police or designee.
2. Any member of the Internal Affairs Division has the authority to report directly to
the Chief of Police or his/her designee, should the subject of the allegation be a
member of command staff or Internal Affairs. [CALEA 26.2.3]
3. When the Chief determines it is in the best interest of the agency, the Police
Chief, in his or her sole discretion, may engage an independent investigator to
investigate allegations of misconduct against sworn personnel. The independent
investigator shall report directly to the Police Chief and may seek legal advice from
the City Attorney’s Office. The independent investigator shall conduct investigations
in accordance with the Police Officers’ Bill of Rights, Florida Statute Sections
112.531- 534, any applicable collective bargaining agreement and City Human
Resources Policies instead of this General Order 26.5, which governs investigations
conducted by Internal Affairs and/or at the bureau level. [CALEA 26.2.3]
V. GENERAL GUIDELINES:
A. Administrative Review: The Chief of Police or designee will ensure an Administrative
Review is conducted on all instances where a member’s actions result in death, or
serious bodily injury. This review should include policy, training, equipment, and any
disciplinary issues. The report will indicate the member’s duty status (e.g. Administrative
leave or assignment) pending the outcome of an investigation. A report will be prepared
for the Chief of Police or designee.
B. Complaint Brochures: The Internal Affairs Division will construct and revise, as needed,
brochures for the general public that explain the complaint process. The brochures will
outline how to file a complaint regarding the Department and/or its members, and what
to expect from the process. The brochures should also include the Department’s
website address and encourage positive feedback as well.
Internal Affairs personnel will ensure the brochures are available to citizens and
Department members via the Department lobby, via pertinent City offices (when
applicable), and by other methods, as needed. [CALEA 26.2.4]
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C. Law Enforcement Officer's Rights: All administrative investigations against sworn
officers will be received and completed by the IA Division in accordance with the
guidelines set forth in F.S.S. 112.532, and any applicable sections of the relevant
bargaining unit agreements and/or this Order.
D. Duty to Comply/Cooperate: Department members must answer fully and truthfully
all questions pursuant to an administrative investigation specifically and directly
related to the performance of official duties and/or fi