1. 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

2. 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

3. 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

4. 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

5. Texas Government Code Chapter 614 Subchapter B§
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 §
Complaint must be in writing and signed by the person making the complaint §
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

6. Texas Government Code Chapter 614 Subchapter B
§ 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

16. 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

17. 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