Police Department Policy

go-29.pdf

Tallahassee Police Department

Policy Text
\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT The Internal Affairs Unit and Administrative Investigations CHIEF OF POLICE Signature on file Proudly Policing Since 1826 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 29 01/01/1991 06/13/2024 15 AUTHORITY/RELATED REFERENCES COT/PBA Agreement, Article 22 (Internal Investigations) FS Chapter 112, Part VI, Law Enforcement and Correctional Officers FS Chapter 119, Public Records General Order 20, Corrective Action Procedures General Order 46, Rules of Conduct General Order 54, Stress Management ACCREDITATION REFERENCES CALEA Chapter 26 CFA Chapters 7, 20 KEY WORD INDEX Administrative Leave Protocols Procedure IX Call-out Protocols for the Internal Affairs Unit Procedure II Confidentiality and Truthfulness Procedure III IAU Commander Responsibilities Procedure VII Internal Affairs Unit Authority and Responsibility Procedure I Internal Investigations Procedure VI Receipt and Review of Complaints – Internal Affairs Unit Procedure IV Receipt and Review of Complaints – Supervisors Procedure V Special Investigations Procedure VIII POLICY The Department shall accept and impartially investigate all complaints against its members to determine the validity of the allegation and to ensure the integrity of the organization. The Assistant Chief of Police will report to the Chief of Police on all\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT matters related to the Internal Affairs Unit. Notifications may be made in person or by phone. DEFINITIONS Administrative Investigation: A process of non-criminal inquiry by means of an internal investigation, special investigation or contact report. Compliance Review: A policy evaluation of actions or inactions by members in the course of their work-related duty. Contact Report: The process of complaint inquiry into a specific policy violation allegation resolved by a supervisor or the Internal Affairs Unit and requiring documentation. Contact reports may also be used for complaint inquiries into allegations of member actions which are not policy violations, but where a supervisor or IAU member feels it is necessary to document the complaint and the steps taken to resolve it. Exonerated: The incident complained of did occur but was lawful and proper. Internal Investigation: A comprehensive and documented investigation into an allegation of member misconduct of a more serious nature either conducted or managed by the Internal Affairs Unit. In-custody Death: When a person dies while in the custody of the Department. Not Sustained: There is insufficient evidence to either prove or disprove the allegation. Secondary Employment: Employment where a member works for an entity other than the Department and a condition of the employment is the actual or potential use of law enforcement powers by the employed member. Shall: Indicates the described action is mandatory. Should: Indicates the described action is not mandatory, but preferred. Special Investigation: A comprehensive and documented compliance review of member-involved incidents where there has been no specific policy violation allegation (e.g., firearm discharges, in custody deaths). Subject Member: A member (full-time, part-time, temporary, reserve, volunteer, sworn or civilian), who is accused of a policy violation in an internal investigation or contact report. GENERAL ORDER 29 PAGE 2 of 15 THE INTERNAL AFFAIRS UNIT AND ADMINISTRATIVE INVESTIGATIONS JUNE 13, 2024\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT Sustained: The allegation is supported by the preponderance of the evidence. Unfounded: The allegation is false or not factual. PROCEDURES I. INTERNAL AFFAIRS UNIT – AUTHORITY AND RESPONSIBILITY A. The Internal Affairs Unit (IAU) shall conduct and/or have administrative control over all internal investigations, special investigations and contact reports, and shall be the central repository for all such complaint information. B. The IAU Commander has the authority to report directly to the Chief of Police when needed. C. Only the Assistant Chief of Police directs the investigative, monitoring and oversight functions of the IAU. D. The IAU shall conduct compliance reviews for response to resistance and vehicle pursuit incidents. E. IAU members shall comply with applicable Florida law and statutes, regarding the: 1. Receipt, processing, and investigation of complaints against sworn members (FS Chapter 112), and 2. Inspection and dissemination of unit records (FS Chapter 119). F. The Assistant Chief Of Police has the authority to grant civilian members similar administrative rights as provided to sworn members under FS Chapter 112. G. The IAU shall securely maintain records (either paper or electronic) of the following: 1. Internal investigations, 2. Special investigations, 3. Contact reports, 4. Response to resistance incidents, and 5. Vehicle pursuit incidents. GENERAL ORDER 29 PAGE 3 of 15 THE INTERNAL AFFAIRS UNIT AND ADMINISTRATIVE INVESTIGATIONS JUNE 13, 2024\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT H. The IAU shall not maintain any record of member corrective action issued by the Department. I. IAU members shall investigate and process complaints against members impartially, without bias or prejudice, and shall promptly notify the IAU Commander of any real or perceived conflicts of interest in an assigned investigation or contact report. J. Non-IAU members who are authorized to conduct an internal or special investigation shall abide by the following: 1. Report directly to the IAU Commander unless directed otherwise by the Assistant Chief Of Police, 2. Adhere to the applicable portions of this written directive, and 3. Obtain guidance from an IAU member on administrative investigation protocols. II. INTERNAL AFFAIRS UNIT – CALL-OUT PROTOCOLS A. An IAU member shall be called out and shall respond to the following: 1. Officer firearm discharges, except in the following situations: a. A firearm discharge necessary to destroy a seriously injured animal (injured by means other than gunfire by an officer), or b. A firearm discharge at an aggressive animal, after confirmation that no property or person was struck/injure by gunfire from the officer. c. An unintentional firearm discharge on the “firing-line” at the firearms training range which does not result in an injury to any person or damage to any property, 2. In-custody deaths, 3. Member-involved traffic crashes while operating a City vehicle and resulting in a serious injury or death, and 4. Any other incident deemed appropriate by the Assistant Chief Of Police. B. Only the following members can authorize an IAU call-out: GENERAL ORDER 29 PAGE 4 of 15 THE INTERNAL AFFAIRS UNIT AND ADMINISTRATIVE INVESTIGATIONS JUNE 13, 2024\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT 1. A member of the rank of lieutenant or higher, or 2. A member who is acting in the capacity of a lieutenant (e.g., a sergeant who is the acting Watch Commander). C. Nothing in this subsection prohibits a supervisor from contacting the IAU Commander or an IAU Detective for consultation on an allegation of member misconduct. D. Nothing in this subsection prohibits a Bureau Commander or Watch Commander from requesting an on-call IAU response due to an allegation of member misconduct. III. TRUTHFULNESS, INTERFERENCE AND CONFIDENTIALITY A. During an internal investigation interview, members are compelled to provide a statement and failure to do so may result in corrective action for insubordination. B. Members shall give truthful information during administrative investigations, and shall not: 1. Provide an oral or written statement which is intentionally or deliberately inaccurate, incorrect, incomplete or misleading, or 2. Make an intentional or deliberate material omission of fact. C. No member shall impede or interfere with an administrative investigation, and members shall not: 1. Interfere with the attendance or testimon

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