Police Department Policy

53778

Temple Terrace PD

Policy Text
_____________________________________________________________________________ General Order B -98 1 of 11 Professional Standards TEMPLE TERRACE POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE 10/18 /2010 FILE INDEX NO. B-98 SUBJECT: PROFESSIONAL STANDARDS INDEX AS: SAME AS ABOVE RESCINDS: REVISES: B-98 DATE REVISED: 2/12/2021 DISTRIBUTION: ALL MEMBERS I. PURPOSE : The purpose of t his General Order is to establish guide lines for the prompt and just disposition of complaints made against members of the Temple Terrace Police Department. II. SCOPE: All Members III. DISCUSSION: The Temple Terrace Police Department recognizes its responsibility to thoroughly investigate complaints of misconduct brought against its members. Internal investigations, coupled with the subsequent adjudication processes, are the fundamental elements required in maintaining the confidence of both the public and our members in the administration of internal discipline within the Department. Investigations concerning complaints of misconduct are conducted to maintain department integrity, provide for the discipline of members and to protect innocent members. The investigation of such allegations shall be completed swiftly and with fundamental fairness. In all Internal matters, the safety and security of the Department’s members as well as the police mission shall remain paramount. IV. DEFINITIONS : A. Administrative Leave - leave with pay authorized at the discretion of the Chief of Police or designee for particular and extenuating circumstances affecting members of the Police Department. B. Complaint - an act of expressed dissatisfaction, which relates to department operations, policies, personnel conduc t, or unlawful acts. C. Formal Discipline - disciplinary action intended as punitive, involving demotion, removal from office or specialty assignment, written reprimand, suspension, termination, or other similar action. D. Garrity Warning - the Garrity Rule, or Warning, stems from the court case Garrity v. New Jersey, 385 U.S. 493 (1967). Garrity is a Supreme Court Ruling that states law enforcement officers may be compelled to give statements under threat of discipline or discharge but th ose statements may not be used in the criminal prosecution of the individual officer. _____________________________________________________________________________ General Order B -98 2 of 11 Professional Standards 1. The ruling of the United States Supreme Court in Garrity v. New Jersey, and Gardner v. Broderick are applicable to all employees of the Dep artment. However, Florida Statute (FS) 112.532 - Law Enforcement Offic ers Bill of Rights applies to only sworn officers . E. Immediate Relief of Duty - temporary removal of a member from duty status, pending determination of their physical or psychological fitness for duty, or pending the disposition of an internal investigation. F. Informal Discipline - any disciplinary action intended as instructive or corrective rather than punitive, involv ing verbal warnings , counseling, or other similar action. G. Internal Affairs Investigation - an investigation of a complaint received by the Temple Terrace Police Department most commonly conducted by Professional Standards investigators . These investigations are undertaken to investigate serious allegations of misconduct that, if sustained, require notification to C.J.S.T.C. and/or under circumstances that may involve complex or protracted investigative efforts as determined by the Chief of Police or designee. H. Law Enforcement Officers' Bill of Rights (Florida Statute 112.532) - legislation cre ated to establish conditions for interrogating law enforcement and correctional officers under investigation by the agency for any reason. I. Members - any employee of the Temple Terrace Police Department. J. Misfeasance - the wrongful performance of a normally lawful act; the wrongful and injurious exercise of lawful authority. K. Malfeasance in Office - the performance by a public official of an act that is legally unjustified, harmful, or contrary to law. L. Report of Inqui ry - an investigation into a compla int received by the Temple Terrace Police Department that involves minor allegations of misconduct or procedural violations. During a report of inquiry, the member will be informed of the allegation of the complaint and any other reason for the meeting. While a report of inquiry will typically result in informal discipline, it may, in some occasions, lead to formal discipline or reclassification of the complaint to an internal affairs investigation . M. Service -Related Inqu iries - inquiries from citizens based upon a misunderstanding of the law, established procedures, or investigative techniques. N. Special Events - include parades, runs, street/art festivals, political rallies, and any other large - scale events in which there is a substantial increase or exposure to liability (traffic hazards, large crowds, re -routing of traffic on main arterial roadways, etc.). O. Supervisory Discipline - immediate, on -the-spot corrective action by a member’s direct supervisor for minor violations of policies, procedures, or regulations (i.e. late to work, uniforms, etc.). V. PROCEDURES: A. Organization and Authority: 1. The Professional Standards Supervisor ’s responsibilities include but are not limited to: a) Professional Standards investigative and administrative duties ; b) Supervisin g the Accreditation Management process ; c) Recruitment and Screening ; d) Off Duty Management; and e) Special Events. 2. The Professional Standards Supervisor shall report directly to the Chief of Police concerning all matters related to Professional Standards investigations. 3. The Chief of Police may assign a Professional Standards investigation to other members of the Police Depa rtment as

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