Internal Investigations For Small Police and Fire Departments Presented By Gary M. Brye January 31, 2019 Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Purpose To focus on issues related to serious allegations that are Non-Criminal in nature and can normally result in: Discharge Suspension Demotion Criminal allegations are to be investigated separately Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

The Three Major Areas of the Internal Investigative Process That Can Cause You Problems Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Overview Chapter 614 (Texas Government Code) Who is Responsible for Conducting the Actual Investigation Documentation - “Document, Document, Document” The Department’s Reputation and Public Image is at Stake Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Texas Government Code Chapter 614 Subchapter B § 614.021 a firefighter who is employed by this state or a political subdivision of this state a peace officer under Article 2.12, Code of Criminal Procedure, or other law who is appointed or employed by a political subdivision of this state § 614.022 Complaint must be in writing and signed by the person making the complaint § 614.023 A copy of the signed complaint must be given to the employee within a reasonable time Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Texas Government Code Chapter 614 Subchapter B § 614.023 continued Disciplinary action may not be taken unless a copy of the signed complaint is given to the employee Employees may not be terminated unless the complaint is investigated and there is evidence to prove the allegation of misconduct Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Chapter 143 Civil Service & Chapter 174 Fire and Police Employee Relations If your department operates under Meet and Confer OR a Collective Bargaining Agreement AND, Your department has your own Internal Investigation rules, regulations, policies, and procedures Chapter 614 does not formally apply, however, the basic premise of 614 still applies Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Chapter 143 Civil Service & Chapter 174 Fire and Police Employee Relation In summation, if your department does not have rules, regulations, policies, and procedures related to the investigation of, and disciplinary action resulting from a complaint against a police officer or firefighter, then your department has to comply with Chapter 614 Subchapter B Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

The Investigation It is conducted by ______ Inside the Organization Outside 3rd Party Cooperative Method Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Inside the Organization: Chief or delegate Training Respected Detail Oriented Fairness – Equal Treatment to all Stakeholders Delegated Authority with Commensurate Accountability/Responsibility Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Outside 3rd Party Impartiality when Impartiality is Paramount No Preconceived Expectations Pass the Buck Talk To Attorneys Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Cooperative Method Think Outside The Box Department’s Image and Public Reputation Outside investigations of Motor Vehicle Accidents Fire service mutual response programs Police Multi-Agency Special Weapons and Tactics Teams Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Cooperative Method Process Develop Investigative Cooperative Agreements with other Agencies Develop Standardized Policies and Procedures Police and Fire Department Best Practices Programs Potential For Increased Community Involvement, Support, and Acceptance Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Documentation Record All Interviews-audio/video Clear and Concise methodology Factual and Objective – Not Personal Logical Progression of Information Sworn Statements IF NOT DOCUMENTED – Did not happen Always prepare the reports as if they will be reviewed by a Court Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Stern v. Gomez & City of Hearne No. 520284 (5th Cir. Feb. 8, 2016) Police Officer terminated Filed suit (claiming due process violation) Federal District Court – dismissed lawsuit due to no protected property interest (Federally) Officer Appealed 5th Circuit upheld District Court’s holding ** Prevents 42 U.S.C. challenges against Chapter 614. Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

Colorado County et al., v Marc Staff No 15-0912 (Texas Supreme Court Feb. 3, 2017) County Attorney notified Sheriff of concerns after viewing deputy’s video Deputy Staff was provided with Deficiency Notice signed by Lt. Neisner Termination recommended after investigation Staff Appealed on process allegations and not on facts Sheriff upheld termination Court Held: Deficiency Notice meets requirements of “signed complaint” Staff received copy within 2 days meets requirements of “notice” Previous question on “signed by complainant” having to be “victim” answered. This can be done by supervisor, investigator, etc. Internal Investigations for Small Police and Fire Departments Brye Consultants LLC