301388

ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: May 29, 2025  Amends - GO 5.1.2 ( September 13, 2023 ) Number: 5.1.2 Distribution: All Personnel Review Month: March Reviewing Authority: Undersheriff / Professional Standards Subject: Internal Complaints and Investigative Procedures This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to establish uniform guidelines for investigating all complaints against the agency or its employees, whether initiated by a citizen or an agency member, in a complete, fair, and timely manner. 2. Policy The proper investigation of complaints helps confirm the integrity of the agency and serves to build trust between the community and the Orange County Sheriff's Office. This policy establishes a uniform procedure for questioning witnesses and the accused, reporting the details of the investigation, and storing the completed report. 3. Defini tions A. Administrative Investigation - an official review and evaluation of information relative to any suspected violation of agency policy or procedure where sufficient information exists to reasonably believe that the employee may have committed the violation. The findings of this investigation could lead to disciplinary action. B. Complaint - an allegation of misconduct, violation of law, or violation of agency policy or procedure by any agency member , whether initiated by citizens or an agency member. C. Compliance Review Hearing – A hearing conducted by a Compliance Review Panel to determine if a sworn employee’s Law Enforcement Officers’ Bill of Rights has been intentionally violated during an Administrative Investigation. D. Compliance Review Panel – A three -member panel chosen to review the circu mstances and facts surrounding an alleged intentional violation of the rights protected by the Law Enforcement Officer Bill of Rights set forth in FS 112. E. Criminal Investigation - An investigation conducted by the Professional Standards Division when an employee is involved in an incident where 5.1.2, Page 2 of 22 sufficient information exists to reasonably believe that the employee committed a crime and the investigative findings could lead to an arrest and prosecution. The criminal investigation shall be conducted pursuant to criminal investigative procedures and the accused employee will be afforded all rights under the law. F. Discipline Dispute Resolution Process (DDRP) - an elective process by which an employee may acknowledge having violated agency policy and accept discipline, rather than proceeding with a formal investigation and disciplinary appeal. A DDRP affords the employee and agency an opportunity to negotiate a mutually acceptable resolution to policy violations. G. Employee - for the purpose of this policy, an employee is defined as all full time and part time personnel compensated by the Sheriff and all Auxiliary and Reserve deputies. H. Existing Evidence – reports, videos, and other items in the possession of the investigating authority which are obtained during an Inquiry , Administrative Investigation or Criminal Investigation , and which are directly related to the allegations being inve stigated. This includes but is not limited to, the complaint, all witness statements, all other existing subject officer statements, incident reports, GPS locator information, and audio or video recordings. I. Inquiry - the review and evaluation of information related to any suspected violation of agency policy or procedure by an employee to determine whether a reasonable belief exists that the employee was involved in the alleged violation and an Investigation is necessary. This review and evaluation do not fall under the requirements of the Law Enforcement Officers’ Bill of Rights and may be necessary before an Administrative Investigation is undertaken. J. Post Deprivation Hearing – a hearing provided to an employee who has been relieved of duty without pay pending the completion of an Administrative Investigation and disciplinary process. K. Professional Standards - the component of the agency which is responsible for coordinating and exercising supervision over all complaints and/or allegations of misconduct against the Sheriff's Office or its employees. The Professional Standards Section Com mander shall have the authority to report Professional Standards issues directly to the Sheriff. L. Reasonable Suspicion - facts that constitute less than probable cause but more than a mere guess. M. Recording - any type of electronic device that retains comm ents or statements to include, but is not limited to, audio recorders, video cameras, and the like. Recordings may also be any written statements by witnesses or written admissions by any alleged violator in an investigation. 5.1.2, Page 3 of 22 N. Representative - an individual who appears with the employee during an interrogation/interview providing support and advice to the employee. This individual may or may not be a member of the agency. This individual is prohibited from participating directly during the interrogation; he/she will be permitted to consult with the employee or provide support and advice to the employee. O. Working Days – Monday through Friday, excluding holidays. 4. Procedures A. Investigative Respo nsibilities 1. All agency supervisors are responsible for investigating