ERIE POLICE DEPARTMENT CITY OF ERIE, PENNSYLVANIA Policies & Procedures Subject: Internal Affairs Policy Number: 2.23 Issue Date: 07-01-05 Review Date: 03-08-13 Revision Date: 07-04-11 ‘Approval Authority 2 Stl Title and Signature: General: The relationship of trust and confidence between the employees of the Erie Police Department and the citizens of the Erie community are essential to the successful accomplishment of law enforcement objectives while insuring the safety and security of the community at large. All police department employees are expected to conduct themselves, both on-duty and off-duty, in such a manner as to reflect favorably upon themselves and the Erie Police Department. There must consistently be the high quality of this standard of conduct that establishes and maintains the good reputation of the Erie Police Department and further encourages the support of the community for police purposes and goals. The Internal Affairs function is important for the maintenance of professional conduct in a law enforcement agency and as such the integrity of the Erie Police Department depends on the personal integrity and discipline of each and every employee. It is recognized that, to a large degree, the public image of the Erie Police Department is determined by how well it responds to allegations of misconduct against its employees or the Erie Police Department itself. It is to this end that emphasis by the Internal Affairs function must apply not only to the appropriate response and action to complaints of misconduct but to the prevention of misconduct as well. The Intemal Affairs function must insure the integrity of the Erie Police Department is maintained through an internal system where objectivity, faimess and justice are assured by intensive and impartial investigation and review. Periodic analysis of misconduct will provide the Internal Affairs function the ability to identify policy, training and supervisory practices that contribute to a climate in which misconduct occurs and seek to remedy any deficiencies thereby leading to a greater degree of professionalism within the Erie Police Department. Itis well known that allegations of misconduct, even when unfounded, may result in stigmatizing the officers individually and vindictive individuals, knowing this, unfortunately will file frivolous complaints to get back at officers they may dislike or may be angry at for their arrest or other actions. This action may adversely affect the officer resulting in his or her inability to function effectually both professionally and/or privately. Internal investigations, in accordance with policies & procedures as well as applicable laws, must be held in strict confidence and full adherence to procedures.iternal Affa Page 2 of 11 Objectives of the Internal Investigation are: * Protection of the Public Protection of the Employee Protection of the Erie Police Department Where warranted, removal of the unfit personnel, and Correction of procedural and training deficiencies. All alleged or suspected violations of laws, ordinances, Erie Police rules & regulations, policies & procedures and orders will be investigated to include, but not limited to: ‘+ Alleged violations reported to the Erie Police Department's superior officers by other members of the Erie Police Department, or other governmental or law- enforcement agencies, either orally or in writing; * Alleged violations, observed or suspected, by Erie Police Department superior officers, and; * Citizen's complaints of alleged police misconduct that are made in person, by written correspondence, by telephone or anonymously, to include those complaints made by prisoners. No complaint should be rejected solely because it is anonymous, as anonymous complaints can often be a valuable source of information and should be considered on their individual merits; care must be taken, however, that Erie Police Department employees are not subjecte/ to unjust, frivolous or capricious complaints. Purpose: The purpose of this policy is to establish procedures for accepting, processing and investigating complaints concerning allegations of misconduct against any employee, both sworn and unsworn, of the Erie Police Department. This policy defines provisions applicable to investigation and disposition of both administrative and criminal allegations in nature as they pertain to all employees of the Erie Police Department in accordance with all applicable laws, ordinances, rules & regulations, policies and procedures and collective bargaining agreements. Policy: It shall be the policy of the Erie Police Department to establish the procedures for investigating complaints and allegations of employee misconduct that is crucial to demonstrate and protect the integrity of the Erie Police Department. This agency shall accept and investigate fairly and impartially all complaints of employee misconduct to determine the validity of allegations and to impose any disciplinary actions that may be justified or take other appropriate actions as deemed necessary in a timely and consistent manner.Internal Affairs Page 3 of 11 Definitions: Office of Professional Standards OPS: The designated unit within the Erie Police Department with the primary responsibility for conducting investigations of employee misconduct allegations and other duties as designated under the direct supervision of the Chief of Police. Misconduct: An act or omission by an employee, which if proven true would normally result in some form of discipline, sanction or remedial training. This would include: 1. Commission of a criminal act 2. Neglect of Duty 3. Violation of an agency policy, procedure, rule or regulation 4. Conduct that would reflect unfavorably upon the employee or the Department. Complaint: an allegation, either internally or externally in origin, that must be: 1. An allegation from any set of circumstance(s) amounting to a specific act or omission which if proven true would amount to employee misconduct, or 2. Any dissatisfaction with a policy, procedure, practice, philosophy, service level or legal standard from an extemal source. Administrative Investigation: allegation of misconduct in violation of a tule, policy or procedure. Criminal investigation; allegation of criminal wrongdoing in violation of local, state or federal law. Mediation: the process of resolution regarding minor issues without filing of a citizen's complaint. Investigative File: any file, paper, record or video/audio recording of internal investigations. Procedures: Complaint Procedures Citizen's Complaint Form 1. A standard citizen's complaint form should be used to record all complaints of misconduct, mistreatment, or unethical practices against any member of the Erie Police Department Personnel, whether registered by a citizen, initiated from within the Erie Police Department, or forwarded by another governmental agency. 2. The following information shall be included on the citizen's complaint form: a. Date and time of the citizen's complaint form; b. Name, address, and telephone number of the complainant; c. Name, address and telephone numbers of any witnesses to the reported incident; d. Name, rank and badge number (or description) of the employee against whom the complaint is made, if known; e. Date, time and location of the reported incident;Internal Affairs Page of 11 f. Signature of the complaint; ‘ g. Signature of a parent or guardian if complainant is under eighteen years of age; and * h. Name, rank and badge number along with the signature of the Erie Police Department employee receiving the citizen's complaint form. Receiving and Recording Complaints 4. General Procedures a. The Officer-in-Charge on the applicable shift at the time a complainant makes a complaint shall be responsible for the efficient receiving and complete recording of any complaint of police misconduct made by a citizen in person or by telephone. b. Complainants shall not be required to return at another time, go to another location, prepare their own complaint form other than the submission of an official complaint report form, swear under oath to the truthfulness of the complaint or be requested to submit to a polygraph as a condition for filing a citizen's complaint form. c. Any non-supervisory police officer or civilian employee that is contacted by a complainant shall direct that person to the proper supervisory personnel. When required, a supervisor will be dispatched to meet with the complainant in the field. If there is no supervisor available, the person contacted shall attempt to secure sufficient information to complete the complaint report form. The form will forwarded to the Office of the Chief of Police for review and, as needed, appropriate assignment and follow-up investigation, d. The utmost courtesy and cooperation should be extended to all citizens registering complaints or otherwise inquiring about the complaint procedure of the Erie Police Department. It should be noted that this initial contact between a complaining citizen ————=and police personnet isa most important stage in the complaint process as the complainant is often tense, angry, and emotionally upset, and the potential for hostility is great. e. Each and every citizen's complaint form received by any Erie Police Department employee shall immediately forward such citizen's complaint form directly to the Office of the Chief of Police for review and appropriate action as necessary. f. Every citizen's complaint form shall be assigned an identifying number by the Office of Professional Standards unit to insure proper and accurate monitoring of received citizen's complaint forms. 2, In-Person Complaints a. Citizens making complaints in person should be requested to read over their completed complaint form, to make any necessary corrections or additions and to sign their complaint. Note: Some citizens may have difficulty in writing, may have limited reading skills and/or may not be fluent in English. Officers should assist those persons in preparing a complaint form; assistance may be utilized through the International Institute or similar € language-oriented agency following established procedures for such requests.Internal Affairs Page 5 of 11 = b. If the complainant refuses to sign a citizen's complaint form, a notation to that effect should be made on the citizen’s complaint form. c. The complainant is intoxicated or appears to be under the influence of drugs, the complaint will still be received. However, the complainant should be re-interviewed promptly after becoming sober. d. Complaints from juveniles will be received. However, prompt contact should be made with the juvenile's parent(s) or guardian(s) after accepting such complaint. 3. Telephone Complaints a. Citizens making complaints by telephone should be informed that their signed complaint is requested; however, no telephone complaint should be refused or rejected because the complainant does not wish to sign a citizen's complaint form or because he does not wish to be identified. The call should be directed to the appropriate shift Officer-in-Charge who shall fil out the citizen's complaint form based on the information received. 4. Complaints Received By Mail a. Ifa complaint of misconduct or mistreatment by an employee of the Erie Police Department is received by mail, the allegations shall be incorporated in a standard citizen's complaint form by Office of Professional Standards personnel and the original communication attached thereto. b. If the information so received is insufficient or incomplete, the complainant shall be contacted, if possible, and informed of the department complaint procedure and any necessary additional information obtained. %, Departmental Complaints a. Formal departmental complaints of misconduct against a departmental employee shall be initiated by preparation and submission of a To/From Correspondence to the Office of the Chief of Police. 6. Complaints by Prisoners or Arrestees a. Any prisoner or criminal defendant who alleges misconduct or mistreatment by a department employee shall be advised by the appropriate shift Officer-in-Charge of his/her right to submit a complaint report form in the usual manner as other citizen complaints. 7. Complaints from Governmental Agencies a, When information is received or obtained from other governmental agencies alleging specific acts of misconduct against an Erie Police Department employee, this information shall be recorded on a citizen's complaint form and an investigation initiated in the usual manner.Internal Affairs Page 6 of 11 8. General Public Contact Complaints a. Ifan officer on the street or other public place is approached by a citizen regarding a complaint of alleged misconduct against an employee of the Erie Police Department, the officer shall inform a supervisor who shall respond to the scene as soon as is reasonable who shall determine the nature of the complaint and advise the complainant as to the citizen complaint process, or handle through mediation, whichever is applicable under the circumstances. 9. Verification of Receipt a. The Chief of Police shall notify all persons outside the Erie Police Department that file a complaint via a letter that confirms receipt of their complaint and provide the control number as well as the assigned investigator's name and telephone number. The letter shall also indicate that the complainant should expect to be contacted by the investigator during the course of their respective investigation as to the progress of the investigation as well as a follow-up letter at the conclusion of the investigation as to the findings of such investigation. Investigative Procedures 4. Categories of Complaints a. The criteria for determining categories of complaints to be investigated by the Office off professional Standards include, but are not limited to, allegations of: i. Verbal abuse; ii, Physical abuse; il, Use of excessive force; iv. Violation of civil rights; v. Any firearm discharge contrary to the policies & procedures of the Erie Police Department or statutory law; vi, Drug or alcohol-related behavior; vii. Traffic-stop incidents relating to misconduct; viii, Profiling ix. Corruption; x. Complaints of criminal conduct xi On-duty conduct; xii, Off-duty conduct; and xiii Any other matter deemed necessary by and at the direction of the Chief of Police. b. It may be determined that certain conduct by an officer or civilian employee rises to the level that can be addressed by a supervisor or officer-in-charge and may include, but not be limited to: i. Alleged rudeness; ii, Tardiness;[Internal Affairs Page 7 of 11 _| iii, Minor cases of rule violations without adverse impact or consequences such as neglect of duty, failure to supervise, or procedural violations; and iv. Minor cases of insubordination. c. Reports by supervisors or officers-in-charge shall be documented and forwarded for review by the Office of the Chief of Police. 2. Immediate Resolution of a Complaint a. There are instances where a complaint can be resolved to the complainant's satisfaction at the time by the shift supervisor or officer-in-charge of the shift, in which case this fact should be reported in writing by the shift supervisor or Officer-in-charge and, if possible, acknowledged in writing by the complainant. This shall be accomplished by submitting the Erie Police Department Mediation Form completed in full and forwarded to the Office of the Chief of Police for review and retention. b. This immediate resolution can often be accomplished if the incident is clearly not of a serious nature, or arises from a misunderstanding or lack of knowledge of the law or of the limitation of a police officer's authority. ©. However, under no circumstances will a justifiable complaint be refused, delayed, or otherwise rejected in this manner. Investigative of Complaints Conducting Investigations ‘A. Upon receipt of a citizen's complaint the assigned investigator shall make all reasonable efforts to determine the validity of the complaint as well as if the complaint is either administrative or criminal in nature, or both if applicable. B. Upon investigation a determination is made that the complaint is frivolous or otherwise without merit and in accordance with applicable rules and regulations, policies & procedures or statutory law the complaint shall be dismissed and the investigator shall follow departmental policy regarding disposition of such complaints. C. Upon determination that a complaint is reasonable the investigator shall classify the complaint as administrative or criminal in nature, or both if applicable, and proceed with the subsequent investigation accordingly. D. A complaint that is determined to be both administrative and criminal in nature, the investigation shall be separated into two distinct investigations, one administrative and one criminal and separate investigators shall be assigned to each of the investigations as needed; all consideration shall be given regarding Garrity vs, New Jersey, 385 U.S. 493 (1997) with respect to compelling the subject officer(s) any statements obtained as a result of an administrative investigation cannot be used in subsequent criminal investigations and all adherence to applicable law as well as policies & procedures and collective bargaining agreements must be followed during the course of any criminal investigations as well.Internal Affairs Page 8 of 11 E. Upon the initiation of any internal investigations the subject officer(s) shall be notified prior to the commencement of the investigation unless such notification impedes or otherwise jeopardizes the investigation then any notification shall be delayed at the. direction of the Chief of Police. F. Once the internal investigation is categorized as to its nature and the subject officer(s) are notified the investigator shall conduct a thorough, unbiased and timely investigation into the allegation(s). G. The investigator shall obtain all available evidence, as soon as practicable in relation to ‘the time of occurrence of the incident, to include, but not limited to: a. complainant interview and/or statements; b. witness interview and/or statements; ¢. mobile data terminal information, if applicable; d. dispatch records and/or recordings; e. photographs, if applicable; f. audio and/or video recordings, if applicable; g. notes, documents, reports or other written documentation; examination/canvassing of any pertinent scenes; and i. polygraph and/or cvsa test results, if applicable. H. Any subject officer(s), absent any restrictions dictated by law or the current collective bargaining agreement, shall be given sufficient notice before an administrative interview to allow the officer(s) to notify and/or obtain legal (or union) representation, if so desired. |. The investigator shall comply with a reasonable timeline for completion (25 working days) from the time the complaint is received by the Office of Professional Standards until the completion of the investigation, unless mitigating circumstances require an extension of the completion of the investigation. Any extension of an internal investigation must be based on justification of such extension and have the approval of the Chief of Police. The complainant, as well as the subject officer(s) shall be notified of such extension prior to the time limits set forth in this policy. J. Any internal investigation shall maintain the utmost transparency during the course of such investigation and the investigator shall provide periodic updates, as needed, to the complainant and subject officer(s), providing such updates do not jeopardize the integrity of the investigation. K. Upon the completion of the internal investigation the assigned investigator shall analyze the issues, evidence, testimony and any other respective materials before logically organizing the presentation of the facts and submitting a written report to the Chief of Police. £[_ internal Affairs Page 9 of II ] L. The investigative report shall contain a summary of the complaint, identification of the subject officer(s), if known, identification of the witnesses, the details of the allegations, the policies & procedures that were allegedly violated and an extensive narrative about the substance and process of the investigation. : M. The investigator shall forward the completed report to the Office of the Chief of Police who, after review of the submitted facts, shall make the final determination in the matter. N. The Chief of Police shall determine the final disposition of the investigation consistent with and based upon the findings and conclusion of the assigned investigator: a. Sustained: the evidence was sufficient to prove the allegation; b. Not Sustained: the evidence was insufficient to either prove or disprove the allegati the allegation was false or devoid of fact; ted; the act occurred but was lawful and within policy, or; e. Incomplete investigation: the investigation could not be thoroughly or properly ‘completed-incompleteness may result from a lack of cooperation by the complainant or witness, the absence of a critical interview that was necessary to the investigation or a determination that the available physical evidence or witnesses statements were insufficient to permit adjudication of the complaint. ©. Upon completion of the internal investigation and the determination as to the findings/conclusion the Chief of Police shall notify the subject officer(s) and the complainant of the conclusion of the investigation. The subject officer(s)/employee shall be advised in writing of the findings/conclusion of the internal investigation and, if applicable, shall be notified of pending disciplinary action. The subject officer(s) shall be given the opportunity, if so desired, a Louderrmill hearing prior to the administering of any disciplinary action. a P. The Chief of Police shall notify the complainant, in writing, of the findings/conclusion of the internal investigation and provide the complainant with contact information of the Office of Professional Standards unit should the complainant have any questions and/or require further guidance in reference to the determination of the conclusion of their complaint, Relief from Duty ‘A. Officers/Employees who are the subject of internal affairs complaints may be immediately relieved from duty, with pay or without pay, as warranted, while the investigation is conducted B. The highest-ranking supervisor on duty at the time a complaint is received will have the authority to make the determination as to immediate suspension with pay; the Chief of Police has the sole discretion and authority to suspend without pay.ternal Affairs Page 10 of 1 C. Ifthe incident for which the officer/employee is relieved involves an intoxicated or impaired officer/employee, an on-duty police officer (supervisor, where available) will provide transportation for the officer/employee to a location of safety. Responsibility of Department Employees to Make Notification A. Any Erie Police Department officerfemployee, who observes or becomes aware of any act of misconduct by another Department member, shall immediately report the incident to a Department supervisor; failure to report such activity shall be deemed misconduct and subject to administrative investigation and disciplinary action. Due Process A. The Erie Police Department shall be required to investigate all Citizen Complaints as well as anonymous complaints that are brought forward; with respect to anonymous complaints against officers or employees they shall be reviewed but in the event that no corroborative evidence is uncovered or received the complaint shall be classified as unfounded. B. When any Citizen Complaint alleges facts (if true) that could lead to a criminal charge, and itis filed beyond the legal time limits for filing a civil complaint on such facts, then the complaint shall be classified as unfounded or stale with no further disposition. Investigation By External Agencies a. The Chief of Police, upon receipt of any complaint that alleges criminal conduct by an employee of the Erie Police Department, shall exercise the option as to whether the intemal investigation stall be conduct by the Office of Professional Standards or referred to the appropriate extemal investigative agency for follow-up investigation. b. The Chief of Police shall, in all cases that allege criminal conduct of an employee of the Erie Police Department, initiate contact with the Office of the District Attomey of Erie County and present the allegation for review by the District Attorney's Office. c. Upon consultation with the Erie County District Attorney a determination shall be made as to the agency that shall conduct the investigation of the criminal allegation. d. The Erie Police Department shall cooperate fully with all external investigative agencies with respect to any criminal investigation referred to such agency as a result of a criminal allegation complaint filed against an Erie Police Department officer/employee. 10Internal Affairs Page 11 of 1 _] Storage, Retention & Confidentiality of Files A. _ Internal Affairs investigations are confidential and as such are maintained with limited distribution with strict limited access to only those individuals having an official need to access such records as designated by the Chief of Police. Internal affairs files will be maintained in a secure area, under lock and key under strict control of the Chief of Police. B. —_Upon the initiation of an internal affairs investigation the active files shall be strictly maintained under the direct control of the assigned internal affairs investigator. Cc. Upon completion of the internal affairs investigation all related files shall become the responsibility of the Chief of Police and shall be maintained under his strict control with access only after approval by the Chief of Police. D. __Alllinternal investigative files shall be maintained for a period of time as prescribed by law. Internal Affairs Statistical Reporting A. The Internal Affairs Unit of the Erie Police Department shall submit on a quarterly basis a statistical report containing alll of the quarterly record of complaints received and their disposition to the Office of the Chief of Police. The Internal Affairs Unit of the Erie Police Department shall submit on an annual basis —_ ————tdanuary-December)a report of all complaints received throughout the previous year with each disposition in a monthly breakdown to be distributed in a public report through the Office of the Chief of Police. C. _Allstatistical reports concerning received complaints shall be maintained on record and Shall include those complaints that were mediated through supervisory personnel in the Erie Police Department as determined from submission of completed mediation forms. D. —_Allsubmitted statistical reports shall be reviewed by the Chief of Police and personnel from the Office of Professional Standards to determine if trends or patterns of complaints indicate the need for officer assistance, discipline, remedial training, or changes to Erie Police Department Policies & Procedures or methods of operation. Ml