Internal Affairs

Office of the Chief of Police

Professional Standards Section

Internal Affairs Unit

Purpose of Internal Affairs

• Maintain public confidence in the department’s ability to properly investigate and adjudicate complaints and allegations of misconduct.

• Maintain departmental standards of conduct and performance.

• Maintain the rights of employees as well as the public.

• Identify training needs.

• Identify areas where policy and procedure need to be clarified, modified or updated.

Allegations of Misconduct• Excessive Force• Racial Profiling• False Arrest• Unlawful Search• Violation of Rules• Conduct Unbecoming

• Dishonesty*• Discourtesy• Neglect of Duty• Traffic• Slow Response• Civil Rights Violation

* “Brady Notifications” – District Attorney required to notify defendants/attorneys on court related matters when a “dishonesty” or “integrity” violation has been sustained on a law enforcement officer.

Internal Affairs Classifications

Information Inquiry

Those concerns or complaints that are investigated, but do not rise to the level of an allegation of misconduct. This may also be used to answer a citizen’s concerns or questions about policy, procedure, or tactics used by the police department.

•i.e. Why was my kid handcuffed? Why was my car searched, emergency equipment operation

Informal An informal investigation completed by Internal Affairs on “less serious” allegations of misconduct.

Memorandums and verbal statements are obtained from involved employees.

•i.e.-Violations of policy/procedure, discourtesy, unlawful search, neglect of duty;

Formal A formal investigation is conducted on more serious allegations of misconduct. Internal Affairs conducts taped interviews of all involved employees and witnesses.

•i.e. - violations of law, dishonesty, moral ethics, excessive force and when deemed necessary by IA or Staff

Divisional Discipline

An informal investigation that may be completedby a first line supervisor at the divisional levelrather than by the I.A. Unit.

1. Any informational inquiry.2. Any informal complaint.3. Employee involved traffic accidents (on-duty).

Types Of Investigations

Memorandums&

Taped Interviews

Memorandums (Informal) A. Memorandums are requested from all employees who may

have information about the allegation;

B. Memorandums are returned within five working days of notification;

C. The memorandum is forwarded to I.A through the employee’s chain of command;

D. Employees must be specific and detailed when addressing the allegation(s) of misconduct.

Formal Interviews (taped)• Interviews are recorded and transcribed;• “Formal Advisements” are given to employees only;• “Garrity Advisements” are given if applicable;– Allegations involving potential criminal conduct;• Maximum of two personnel conduct the IA interview;• No legal representation allowed in IA interviews;• Employees cannot refuse to answer questions;

Formal Advisement• The employee is required to truthfully

disclose all pertinent information known to to them regarding the incident in question (even if not asked about);

• If subsequent to the interview, the employee receives or recalls additional relevant information, they must notify Internal Affairs immediately;

Advisement (cont.)• The employee must cooperate fully with the

administrative investigation;

• While the investigation is ongoing, the employee is not allowed to discuss the investigation with anyone else;

• Failure to comply with terms of the advisement may result in additional discipline/termination;

EMPLOYEE RIGHTSDURING AN INTERNAL AFFAIRS

INVESTIGATION

Garrity v. New Jersey385 U.S. 493 (1967)

An officer may be compelled (ordered) by his/her superiors to answer questions that are related to his/her duties or fitness for duty. Failure to answer such questions may form the basis of his/her dismissal.

The answers may not be used against him/her in a criminal trial. Similarly, an officer may be compelled to testify at a disciplinary board hearing or before a grand jury if thestatements are restricted to non-criminal purposes.

Administrative vs. Criminal Investigation

• Formal Advisement vs. Garrity Advisement;• Legal representation not allowed in administrative

hearings;• Administrative investigations cannot be shared

with the criminal investigation;– Criminal investigation details will be included

in the administrative investigation;• During the criminal investigation, you are allowed

legal representation and may be read Miranda Rights, if applicable;

Investigation Findings

Sustained- Actual Misconduct

Misconduct Not Based on Complaint- Actual misconduct, not alleged in the original complaint, but disclosed during the investigation

Unfounded- The allegation is false or not factual

Not Sustained- There is not enough evidence to prove or disprove the allegation

Exonerated- The incident occurred, but the employee acted lawfully and properly

DISCIPLINE

The completed investigation is reviewed by the involved employee’s chain of command.

The employee’s chain of command determinesthe findings and the discipline, if there is

sustained misconduct.

Internal Affairs makes no recommendations regarding discipline

Types of Discipline

• Verbal Counseling• Employee Log Entry• Training• Written Reprimand• Suspension

• Demotion• Resignation• Discharge• Discharge w/Criminal

Charges

PURGE POLICYAll personnel investigation files are kept in their entirety for 4 years plus current. At the expiration of this time period, all files are destroyed except those with a finding of:

A sustained misconduct which results with the discipline of a written reprimand or above.

The exception to the purge policy is any case with pending civil litigation will not be purged.

City Owned Property

City owned desks, lockers, offices, equipment (to include cell phones and computers), work areas, uniforms, and vehicles are the sole property of the City of Lakewood and subject to inspection at any time deemed necessary by the Chief of Police or his designee. Private property can be stored in these areas, however, privacy shall not be expected. No one, not acting in his official capacity, shall be authorized in the search of areas assigned to others.

What is discoverable?

• Telephone conversations

• Car-to-car conversations/ messages (MDC)

• Sector logs• I-Tracker (vehicle

speeds, times, locations)

• Internet Use• Radio traffic• City owned cell

phones (call logs, text messages, etc)

• Booking/Holding cell video and audio

• Pay entry records

Performance Audit System (PAS)

-WHAT IS IT?

• Sometimes referred to as “Early Warning System”;

• A tool to assist supervisors in monitoring employee performance;

• A system that tracks and reviews incidents of risk to the involved employee(s)

Activation of the P.A.S• 2 excessive force complaints in 12 months

• 5 internal investigations in 12 months

• 3 preventable traffic accidents in 12 months

• 3 sustained I.A. complaints in 12 months

• 2 notices of intent to sue in 12 months