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ORANGE COUNTY SHERIFF'S OFFICE TRAINING BULLETIN Effective Date: November 6, 2019  Amends - TB 94 -6 (January 8, 2019 ) Number: 94-6 Distribution: All Personnel Review Month: November Reviewing Authority: Undersheriff / Professional Standards Subject: Conducting Internal Investigations This training bulletin consists of the following numbered sections: 1. Purpose 2. Defining an Internal Investigation 3. Who is Responsible for Investigating Internal Complaints 4. The Law Enforcement Officers’ Bill of Right s 5. Compliance Review Process 6. The Internal Investigation Report Format 7. Discipline Dispute Resolution Process Format 8. Filing the Internal Investigation Report 1. Purpose The purpose of this training bulletin is to inform all supervisory personnel of the correct method for conducting internal investigations. In 1993, d eputy sheriffs were added to the Law Enforcement Officers Bill of Rights, FS 112.531 . The Sheriff has also extended these provisions to include all non-sworn employees of the Sheriffs Office. Because of this and guidelines req uired under CALEA, GO 5.1.2 was modified and expanded to give guidelines for conducting an internal investigation. All employees, not just supervisors, should familiarize themselves with GO 5.1.2 and this bulletin so both the supervisor and employee have a clear understanding of expectations during an internal investigation. There are a variety of options other than formal discipline available to supervisors who need to correct a subordinate’s behavior. Supervisors are encouraged to address problems using these options before the need for a formal investigation and possible discipline arise s. Below are li sted highlights in GO 5.1.2. 2. Defining an Internal Investigation If a supervisor witnesses an employee violating policy, such as arriving late to work, having unsatisfactory work performance, etc., then questioning of the accused is not required. However, it is advisable to conduct an interview and allow the accused employee to give testimony on the record. Regardless if the accused employee is interviewed, if formal discipline is intended an internal investigation report must be completed. 94-6, Page 2 of 10 Exampl e: A complaint is received from a citizen. The employee’s supervisor is able to resolve the complaint with the citizen without conducting a formal investigation . The supervisor can counsel the employee or, if the employee is within policy, help the citi zen understand the employee followed agency policy . The supervisor need not apply the Bill of Rights or obtain a tracking number from Professional Standards. If the complainant is not satisfied with the employee being counseled, or is not satisfied with the employee’s version of events, the supervisor may conduct an internal investigation , if necessary. A tracking number must be obtained from Professional Standards and any questioning of the accused employee must conform to the Bill of Rights. Complaint s can come from employees as well as citizens. Employee complaints should be treated in the same manner as citizen complaints. The supervisor should attempt to solve the complaint through counseling, unless circumstances dictate formal discipline, or the re is a denial of the charges by the accused employee. When an internal investigation must be conducted, a tracking number is issued, and the accused employee is afforded his/her rights under the Bill of Rights. The Bill of Rights does not restrict a sup ervisor from questioning a subordinate to determine if the subordinate is involved in an incident. If the supervisor determines the employee is the person the complainant is accusing of wrongdoing, and if sufficient information exists to reasonably believ e the employee may have violated policy, which could lead to disciplinary action, any further questioning mus t be done in accordance with the Bill of Rights. If a supervisor witnesses an employee violating policy, such as arriving late to work, having unsatisfactory work performance, etc., and no investigation or questioning of the accused or witnesses is required, then the Bill of Rights does not apply. The Bill of Rights does not apply if no formal discipline is intended, even if the employee is questio ned. Example: Supervisor Jones observes Deputy Smith was late to work three (3) times in one (1) week. Deputy Smith was counseled about tardiness. He arrives late a fourth time. Supervisor Jones conducts an internal investigation (since the supervisor and chain of command determined formal discipline would be awarded) and writes an internal investigation report. Supervisor Jones meets with Deputy Smith and gives him a Notice of Intention to Discipline for tardiness, followed by the Notice of Disciplinary Action . Since the session is a disciplinary action, not an investigation/interrogation of the employee, the session does not need to be audio recorded, nor does the employee have a right to representation. A tracking number i s required. Only the parts of the Bill of Rights pertaining to the 180 day time limit, as well as disciplinary and appeal process apply. If the supervisor must obtain statements from witnesses and question the accused employee to gather information for f ormal discipline, such as for Unsatisfactory Performance, the fact gathering should be treated as an internal investigation. The Bill of 94-6, Page 3 of 10 Rights applies , and a tracking number is needed. Supervisors should evaluate each complaint to determine whether coun seling, training, etc., is a better alternative than formal discipline.