63717347.pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G - 34 GENERAL ORDER RESCINDS: SUBJECT: Conduct Investigations EFFECTIVE: November 14, 1994 REVISED: March 4, 2025 Table of Contents: I. Purpose II. Scope III. General IV. Definitions V. Complaints VI. Relief from Duty VII. Supervisory Inquiry Procedure VIII. Administrative Investigation Procedure IX. Administrative Suspension X. Policy Failure XI. Appeals XII. Records XIII. Public Information and Annual Summaries XIV. 18th Judicial Circuit Mandatory Disclosure Policy I. PURPOSE: This directive provides guidelines for receiving and investigating complaints against Sheriff's Office employees. II. SCOPE: It is Sheriff’s Office policy to investigate and resolve complaints, including anonymous, against the agency and its employees through thorough, expeditious, and impartial procedures. The investigation of complaints is essential to maintaining the confidence of citizens and to protect the integrity of the Sheriff’s Office and its employees. III. GENERAL: A. Employees have an obligation to conduct themselves professionally and courteously and to treat persons impartially with respect and dignity. B. Guidelines for proper complaint procedures are essential to the efficient and orderly achievement of the Sheriff's Office mission. Knowledge of complaint investigation procedures promotes their uniform application. C. Any employee who is the subject or witness in an Administrative Investigation or Supervisory Inquiry shall not release or discuss any information about the investigation or inquiry unless directed to do so by GENERAL ORDER Conduct Investigations GO # 34 PAGE 1 OF 11\n\n--- Page 2 ---\n\nthe Sheriff. Employees are only permitted to discuss the matter with their legal counsel, the supervisor conducting the inquiry, or employees assigned to Professional Standards Section. IV. DEFINITIONS: A. Supervisory Inquiry: Designated supervisors conduct Supervisory Inquiries to investigate allegations of misconduct, discourtesy, misunderstanding, individual performance deficiencies, or lesser violations of Sheriff's Office written directives. B. Administrative Investigation: Professional Standards Section conducts Administrative Investigations that review and investigate allegations of criminal violations or major violations of Sheriff's Office written directives, which may include: 1. Commission of crimes, 2. Acceptance of a bribe or other illegal compensation, 3. Malfeasance in office, 4. Theft, 5. Unauthorized release of confidential information, 6. Official misconduct, 7. Intoxication, 8. Excessive response to resistance, 9. Employee and sexual harassment, 10. Unnecessary or unlawful injury to a prisoner, 11. Employee substance abuse, and 12. Other acts of a serious nature. C. Administrative Review: Professional Standards Section conducts Administrative Reviews only as directed by the Sheriff (or designee). Reviews are conducted of complaints received from the public or from agency administrators when a Supervisory Inquiry or Administrative Investigation is not warranted. This may also include reviewing investigations conducted by third parties such as the Florida Department of Law Enforcement (use of lethal force), matters of substandard performance, or when a Supervisory Inquiry is determined by the Sheriff (or designee), to need additional review outside its immediate chain of command. D. Professional Conduct Review: Professional Standards Section records and reviews complaints and investigates allegations of major violations of Sheriff’s Office policy. It does not make recommendations for discipline. The Lieutenant of the Professional Standards Section (hereafter “Professional Standards”) oversees the processing of complaints and all investigations conducted by the section. The Lieutenant of Professional Standards directly supervises Detectives assigned to the section. The Lieutenant of Professional Standards and the Chief of the Department of Investigative Services have the authority to report directly to the Sheriff (or designee) regarding any allegation of misconduct and active investigations. E. Finding or Conclusion of Fact: A finding or conclusion of fact is an opinion of a Detective or supervisor who summarizes an investigation or inquiry. All findings or conclusions of fact are based upon a preponderance of evidence. 1. Not Sustained: Evidence does not clearly prove the alleged act did or did not occur. GENERAL ORDER Conduct Investigations GO # 34 PAGE 2 OF 11\n\n--- Page 3 ---\n\n2. Exonerated: Specific acts did occur, but they were justified, lawful, and proper. 3. Unfounded: Specific acts did not occur or did not involve Sheriff's Office personnel. 4. Sustained: A preponderance of the evidence that the alleged violation occurred. 5. Policy Failure: The employee's conduct was improper; however, no specific policy was violated. This finding may necessitate a policy revision. V. COMPLAINTS: A. A complaint may be registered against the Sheriff's Office or its employees in person, by telephone, or in writing. Any supervisor (including personnel assigned to Professional Standards) may accept complaints. B. A complainant must have actual firsthand knowledge of the alleged misconduct or be making the complaint on behalf of a minor child. C. Employees will provide information to citizens regarding Sheriff’s Office complaint procedures when requested. D. Procedures: 1. Complaints may only be accepted by on-duty supervisors or personnel assigned to Professional Standards. During initial contact with a complainant, a supervisor may determine whether the conduct cited was proper. Supervisors (and Professional Standards personnel) are authorized to resolve the complaint to the satisfaction of the complainant, if possible, by: a. Resolving any misunderstanding leading to the complaint, b. Correcting any deficiencies, and c. Counseling the employee regarding the reason for the complaint. 2. If a complaint cannot be resolved during the initial contact with the complainant, the formal complaint process will be used. a. A recorded or written sworn statement will be obtained from the complainant. b. The complainant will be informed of the investigation process. c. The receiving supervisor will give the complainant a copy of their sworn statement or a Sheriff’s Office business card as a receipt that their complaint has been received for processing. d. If received by a supervisor, they will complete a written statement describing the complaint and any actions taken. Their statement, along with the complainant’s statement, will be forwarded through their chain of command to the Lieutenant of Professional Standards. e. If applicable, the Lieutenant will assign the complaint a personnel complaint number. GENERAL ORDER Conduct Investigations GO # 34 PAGE 3 OF 11\n\n--- Page 4 ---\n\nf. Based on the seriousness of the allegation, the Lieutenant will determine how the complaint is processed, which may be as a Supervisory Inquiry or submitted to the Sheriff with a recommendation for an Administrative Investigation. g. The Lieutenant will immediately notify the Sheriff (or designee) of any complaint of a serious nature against Sheriff’s Office employees. The Sheriff (or designee) will then determine the classification of the complaint. h. The Lieutenant (or designee) routinely keeps the Sheriff informed of all less serious complaints. Nothing in this directive is intended to prevent a Chief or a Captain/Director from notifying the Sheriff of a serious complaint, which requires immediate notification. i. The Lieutenant (or designee) is responsible for providing the complainant with an update on the status of their complaint every 30 days until final disposition. j. The Lieutenant (or designee) is responsible for notifying the complainant of the final disposition of their complaint. F. Internally Generated Complaints: 1. Internally generated complaints are initiated by the Sheriff or a supervisor. 2. If gen