ii-09ComplaintBoards

Revisions or additions are highlighted 1 (11/29/2023 ) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER Subject: COMMAND AND C OMPLAINT REVIEW BOARDS Index as: Appeals Disciplinary Process Command Review Board Hearings , Departmental Complaint Review Board Accreditation Standards: 22.4.1, 26.1.4, 26.1.6, 26.1.7 , 33.1.5 Cross Reference: G.O. II -10, Processing Complaints Against Personnel Rules and Regulations of the Personnel Management Syst em, Section 7 §112.531, et. seq., F.S.S. §112.532, F.S.S., Law Enforcement Officers and Correctional Officers Bill of Rights 11B-27.0011 , F.A.C. 11B-27.003, F.A.C Replaces : G.O. II -09, Command and Complaint Review Boa rds (March 12, 2019 ) This Directive establishes the Department’s Complaint Review Boards and describes procedures under which the Boards will operate. This Directive consists of the following sections: I. Policy II. Definitions III. Command Review Board IV. Complaint Review Board V. Appeals VI. Reporting Requirements VII. Dismissal Requirements I. POLICY A. A proper relationship between the police and the public they serve, fostered by confidence and trust, are essential to effective law enforcement. Police Officers must be free to exercise their best judgment and to initiate action in a reasonable, lawful, a nd impartial manner without fear of reprisal. However, they must carefully observe the rights of all people. B. The understanding of this philosophy, as well as Florida Statutes and Administrative Codes, imposes upon the Department the responsibility of prov iding a system of complaint and disciplinary procedures, which will not only subject the employee to corrective action when they conduct themselves improperly, but will protect them from unwarranted criticism when they discharge their duties properly. DATE OF ISSUE EFFECTIVE DATE NUMBER April 2016 Immediately II-09 Distribution: All Employees General Order II -09 Revisions or additions are highlighted 2 (11/29/2023 ) II. DEFINITIONS A. Discipline – An action taken against an employee which includes a written reprimand, suspension, demotion or dismissal. 1. Discipline is documented on an Employee Notice. 2. Verbal Counseling, Memorandum s of Counseling and retraining are not considered discipline. B. Failure to Maintain Good Moral Character – (In summary, see 11B -27.0011, F.A.C.) 1. Any act or acts which would constitute a felony offense , whether criminally prosecuted or not, 2. Any act or acts which would constitute a serious misdemeanor, whether criminally prosecuted or not. 3. Any act or conduct which: a. Significantly interferes with the rights of others; b. Significantly and adversely affects the functioning of the criminal justice system; c. Shows disrespect for the laws of the state or nation; d. Causes substantial doubts concerning the Officer’s moral fitness for continued service. 4. The unlawful use of controlled substances. C. Findings – 1. Exonerated – The investigation revealed the acts which provided the basis for the complaint or allegation were justified, lawful, and proper. 2. Not Involved – Upon investigation, the employee was found to be not directly involved in the acts alleged. 3. Not Sustained – The investigation failed to disclose sufficient evidence to prove or disprove the allegations made in the complaint. 4. Sustained – The investigat ion disclosed sufficient evidence to clearly prove the allegations made in the complaint. 5. Unfounded – The investigation conclusively proved that the allegations made in the complaint did not occur. B. Subject Matter Expert (SME) – An individual who has recognized expertise in the field directly related to the incident under review. Expertise may be recogn ized by current instructor certification in the subject by the Criminal Justice Standards and Training Commission (CJSTC) , certification as an expert in the field by a court of law, or academic credentials reflecting current knowledge in the field under re view and teaching the subject at the college level. III. COMMAND REVIEW BOARD A. This Board consist s of the Chief of Police and the three (3) Bureau Assistant Chiefs. 1. The Board is chaired by the Chief of Police. 2. The Chief of Police may request a Subject Matter Expert (SME) to consider the facts of the investigation and provide relevant information to the Command Review Board. B. The Board will review the facts of the investigation. General Order II -09 Revisions or additions are highlighted 3 (11/29/2023 ) C. The affected employee will be afforded the opportunity to speak to the Board. If the affected employee chooses not to make a statement, the Board may ask the affected employee questions. The affected employee may bring legal counsel, at the employee's own expense, or a personal representative into the Board; howe ver, neither counsel nor a personal representative may take an active part in the proceedings. 1. If it is determined by the Board that the complaint is unfounded or not sustained, or the employee is exonerated or not involved, a written report of the findings will be filed with a copy sent to the employee. 2. If it is determined by the Board that the complaint is sustained, appropriate action will be decided upon. a. Prior