Police Department Policy

SOP #010A - INTERNAL AFFAIRS INVESTIGATIONS

Miami Beach Police Department

Policy Text
DEFINITIONS: ADMINISTRATIVE INVESTIGATIONS - Investigations conducted to determine the veracity of complaints made against Department employees or the Department. Such investigations are based on alleged violations of Department policies, procedures, Rules and Regulations and/or alleged violations of City of Miami Beach policies, procedures, Rules and Regulations. Such investigations may have an alleged nexus to criminal allegations. The Internal Affairs Unit is not prohibited from filing criminal charges in the event that the allegation, if criminal in nature, was determined to be false. CRIMINAL INVESTIGATIONS - Although administrative investigations may have been reported as a violation of law, investigations into immediately reported allegations of a serious criminal nature will be discussed with the IA Commander and the Criminal Investigations Major to determine the appropriate investigative response. 3/18/22; 4/6/22 CHAIN OF COMMAND - The unbroken line of authority from the Chief of Police down through a single subordinate at each level of command. CLOSED CASE - An Internal Affairs Investigation (IA) is considered a closed case when approved by the Chief of Police and any Intent to Discipline or a notification the Department will not proceed with disciplinary action has been served to the affected employee. An investigation is suspended due to a lack of cooperation from the complainant only after multiple attempts are made to contact the complainant, including the sending of a final contact letter requiring the recipient’s signature. All investigations will be completed to the extent possible prior to being placed in this category. CLOSED DISPOSITION - An investigation is suspended due to a lack of cooperation from the complainant only after multiple attempts are made to contact the complainant, including the sending of a final contact letter requiring the recipient’s signature. All investigations will be completed to the extent possible prior to being placed in this category. The Chief of Police can determine a Closed disposition for any case. COMPLAINT - Action taken by any person to focus Department attention toward any behavior by an employee or the Department that the complainant considers to be improper conduct, illegal, contrary to procedure, or prejudicial to that person, the Department or the community. COMPLAINT CLASSIFICATION - All complaints received by the Department will be classified according to the nature of the complaint. The classifications will be a Supervisor Employee Contact (SEC), Internal Affairs Investigation (IA) or Documented Complaint (DC). These classifications will be used to assign investigative responsibility. CORRECTIONAL OFFICER - means any person, other than a warden, who is appointed or employed full time or part time by the state or any political subdivision thereof whose primary responsibility is the supervision, protection, care, custody, or control of inmates within a correctional institution; and includes correctional probation officers, as defined in s. 943.10. However, the term correctional officer does not include any secretarial, clerical, or professionally trained personnel. For purposes of this SOP, the term Correctional Officer and Detention Officer will be synonymous. DISPOSITION PANEL - The Disposition Panel will review Internal Affairs (IA) Unit investigative files to determine the sufficiency of evidence supporting allegation(s) against an employee and recommend a disposition to the Chief of Police, based on a majority vote, by classification of each allegation. DOCUMENTED COMPLAINT (DC) - Documented Complaints are files maintained by the Internal Affairs (IA) Unit containing information received from a complainant that does not constitute an IA investigation, or a Supervisor Employee Contact (SEC). This categorization may also be used in instances where a complainant only wants a record of the complaint but no further investigation or refuses to cooperate in the investigation, or the complaint is immediately refuted by viewing BWC footage. 3/18/22; 4/6/22 EMPLOYEE COMMENDATION/COMPLAINT BROCHURE/WEBSITE - A brochure/online form that provides information regarding employee commendations or complaints to the Department in a uniform manner. EMPLOYEE PROFILE SHEET - A summary of all complaints and investigations related to Department employees. This may include incidents of discipline and/or Supervisors’ Report of Response to Resistance reports. EXONERATED - The alleged conduct occurred, but the action of the Department or the employee was consistent with Department policy, City Personnel Rules, City policy, statute, law or ordinance.

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