1. Police Internal Affairs
Brian K. Childress
Chief of Police

2. Overview Purpose of Internal Affairs Ethics and Integrity
Procedures and Rules
Complaint Investigation
Preparing for and Conducting Interviews
Special Investigations – Sexual Harassment
Special Investigations – Officer Involved Shootings
Administrative Law
Internal Affairs Records
Special Procedures – Accreditation
Are Law Enforcement Out of Control
Conclusion

3. 1. Purpose of Internal Affairs

4. Purpose
Maintain public confidence in the agency’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 needs clarified, modified, and/or updated
Fact finders for the CEO

5. ACLU Video – “Protecting the Badge”

6. First Major Police Issue

7. 2. Ethics and Integrity

8. Ethics A principle of right or good conduct
A system of moral principles or values set by a certain society
A study of the general nature of morals and of specific choices to be made by the individual in their relationship with others
Rules or standards governing the conduct of the members of a profession

9. Are Police Officers Members of a Profession?
Yes
Standards of conduct come from:
Constitution
Federal Law
State Law
City Law
Agency Policy
State Peace Officer Standards and Training (POST)

10. Police Corruption
Acts involving the misuse of authority by a police officer in a manner designed to produce personal gain for the officer.
Examples:
Bribery
Favors or gifts
Criminal acts committed by use of official information or authority
Compromise of official duty
Perjury
Extortion
Services received or extended

11. Corruption Continued”
Examples:
Gratuities
Running GCIC/NCIC information for non-official reasons

12. O.W. Wilson
Orlando Winfield Wilson (May 15, 1900 – October 18, 1972), also known as O.W. Wilson, was an influential leader in policing. having served as Superintendent of Police of the Chicago Police Department. Chief of Police in Fullerton, California, and Wichita, Kansas, and authored several books on policing.

13. Problems Attacking Corruption
Systemic – part of the system
Individual – individual standards based on each person
Administrative decisions and guidelines defining corrupt practices
Nature of Police work –us against them
Code of silence
The creep of corruption – starts slow and gets bigger

14. Cost of Corruption Credibility of agency and employees
Violation of public trust
Community relations
Loss of administrative control
Morale

15. Police Corruption Conduct which impairs the operation of the agency
Conduct which causes the public to lose confidence in the agency

16. Prevention Looking beyond discipline Being more proactive
Better training and supervision
Personnel Early Warning System (PEW)
Auditing – property/evidence, equipment, videos
“Getting rid of the bad apples”

17. In-Car Camera Video

18. 3. Policies & Procedures

19. Internal Affairs and Operating Procedures
Upholds the mission
Overall action plan for all personnel
Flexible guide for action
Elements intent and philosophy
Not too specific/restrictive
Permits “justifiable diversion”
Answers the question “why”?
“If you protect the officer by policy, you protect the agency by default”
Serves as a control device

20. Review of Policies The frontline person or subject matter expert
Person “ignorant” of the issue
Legal advisor
Annual revision/review

21. “Creekwood Drive Incident” – understanding policymaking

22. IA Unit Procedure Where and who is assigned to the unit?
Should have direct access to the CEO
Establishing a process for supervising the investigation
Should have some significant rank
Establishing a process and procedure for recording, registering, and controlling complaints against agency employees

23. The Complaint File Complaint tracking form
Complaint form – could be a letter, memo, etc.
Statements from witnesses
Photos, videos, audios
Administrative forms
Medical forms (if applicable)
Investigation report
Summary

24. Complaint Processing Where to file complaints?
Should be advertised and accessible to the public
Don’t make it hard to file a complaint
By phone, internet, by letter, and in person
Anonymous complaints – take them and look at them, regardless if you have a complainant or not
Minor complaints of rudeness, etc., should be treated as an inquiry versus a full internal affairs investigation

25. The Complainant/Victim
Should if possible be required to sign a complaint from which is notarized and sworn to the statement
Should always be notified throughout the complaint process to include:
Initial letter indicating the agency received the complaint
Status letters for delays in the IA
Conclusion letter with the findings
If you determine a crime has been committed during the IA, the complainant/victim should be advised to complete a report of a crime

26. Inspections
City owned desks, lockers, offices, equipment (to include cell phones and computers), work areas, uniforms, and vehicles are the sole property of the agency and are subject to inspections by the agency

27. Separation of Administrative & Criminal Investigations
If the employee is suspected of a criminal act, it is recommended the criminal investigation occur first
Investigators are ALWAYS separate/NEVER DO BOTH
Make sure the employee clearly knows who is doing what type of investigation:
Miranda Warning
Admin/Garrity Notice

28. 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

29. DISCIPLINE

30. The employee’s chain of command determines
The completed investigation is reviewed by the involved employee’s chain of command.
The employee’s chain of command determines
the findings and the discipline, if there is
sustained misconduct.
Internal Affairs makes no recommendations regarding discipline

31. Types of Discipline Verbal Counseling Demotion Employee Log Entry
Training
Written Reprimand
Suspension
Demotion
Resignation
Discharge
Discharge w/Criminal Charges

32. PURGE POLICY
| Administrative/Internal Investigative Case Files
Description:  Records used to investigate complaints against public safety officers; database. When relevant, polygraph case files containing official polygraph reports and associated documents.
Retention:  50 years
Classification: 

33. What is discoverable? Telephone conversations Internet Use
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

34. 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.

35. Medford Detective Traffic Stop

36. 4. Complaint Investigations

37. Considerations Nature of investigation
Allegations of minor investigations can be handled by police supervisors
Serious allegations to include excessive force, bribery, sexual harassment, tampering with evidence, racial/biases based profiling, should be handled by trained IA Investigator
Time – complaints which require an extensive amount of investigation should be handled by IA
Complaint tracking – all complaints should be sent to IA for review before assignment to a supervisor

38. Training the IA Investigator
Institute of Police Technology and Management (IPTM)
Southern Police Institute
Georgia Public Safety Training Center

39. Timeliness
Complaints investigations should normally be completed in 30 days
Extensions approved by CEO
Status reports provided to complainant
Fair to the complainant and employee

40. In-Car Video

41. 5. Preparing for & Conducting Interviews

42. Getting the Background
Review of complainant criminal history and past complainants
Review of employee personnel file
Talk to employee’s supervisors
Review past employee complaints
Review of incident reports, videos, audios, and photos
Review of employee financial documents, medical records, etc., if applicable

43. Preparing Identify a specific outcome in mind
Know what you are going after
Remember you are the fact-finder
Know the difference between:
Interview – a conversation with a purpose. The process of obtaining information which is evaluated from persons having knowledge related to the investigation
Interrogation – the art and mechanics of questioning for the purpose of exploring or resolving issues. The idea is to gain an admission or confession.

44. Preparing Develop a list of questions
Be prepared to discuss sexual matters
Schedule the interview
Interview objectives:
Identify other witnesses or accused employees
Clarify allegations
Resolve discrepancies and inconsistencies
Obtain information on motive and alibi
Obtain information on guilt or innocence
Closing loopholes in previous statements

45. Interviews Record all interviews Interview complainant first
Interview witnesses next
Interview employee last
Consider conducting follow-up interviews is necessary

46. Interviews Start recording Identify all persons in the room
Ask witness or employee to state their full name
Read Garrity if applicable
Start by asking what happened
LET THE PERSON EXPLAIN – DON’T INTERUPT

47. Two Reasons Why Interviews Fail
Lack of control over the subject and situation
Inability to adjust to subject’s responses and to continue the interview

48. Remember “POLITE” P – Planning – background – rapport
O – Opening – rapport
L – Listening
I – Interviewing – questions
T – Truth – norm to stressful
E – Ending - recap

49. 6. Special Investigations – Sexual Harassment

50. Commonalities

51. History of Sexual Harassment
1964 – Civil Rights Act
1976 – Court Recognizes Harassment as form of discrimination
1980 – EEOC Guidelines
1982 – Men can be victims
1986 – US Supreme Court – Harassment is a from of Discrimination
1991 – Reasonable Woman Concept – court stated if the victim is offended, the offense must be viewed from a reasonable woman’s view
1993 – Harris v. Tennessee For Lift – Hostile work environment
1997 – Burlington Industries v. Ellerth - , Hostile work environment
1998 – Jones v. Clinton
1998 – Onacle v. Sundower Offshore Services

52. EEOC Unwelcome sexual advances
An employer is responsible for the acts of sexual harassment in the workplace
The employer or its agents or supervisors must know or should have known of the conduct
If the conduct was immediately addressed and appropriate corrective action was taken, the employer may have immunity

53. Types of Sexual Harassment
Quid Pro Quo – employee is confronted with sexual demands to keep job or obtain a position
Hostile Work Environment – sexually offensive conduct that permeates the workplace, making it difficult or unpleasant for an employee to work

54. Interview the Complainant
This will be kept as confidential as possible
There will be no retaliation against you
How would you like to see this complaint resolved?

55. Interview the Accused
Have you seen the department and city’s sexual harassment policy?
All employees should be required to sign for agency policy
Confront only after interviewing the complainant, witnesses, and reviewing all evidence

56. 7. Special Investigations- Officer-Involved Shootings

57. Expect the Media Media does not understand the law
They will exaggerate the incident
Controversy sells

58. Types of Shootings Officer involved – death – IA and Criminal
Officer involved – injury – IA and Criminal
Officer involved – miss – IA and Criminal
Accidental discharge – IA
Unauthorized Use of Weapon – depends on situation
Combined investigation is NOT RECOMMENDED

59. Reasoning for Outside Agency Conducting Criminal Investigation
Transparency – we have nothing to hide
Public trust
Fairness for the citizen
Fairness for the officer

60. Scenario
You have an officer-involved shooting where a citizen was seriously injured but not killed. The entire incident is captured on body-worn camera and clearly shows your officer was correct in his decision.
Do you bring in an outside, independent law enforcement agency to investigate anyway?

61. 8. Administrative Law

62. DURING AN INTERNAL AFFAIRS
EMPLOYEE RIGHTS
DURING AN INTERNAL AFFAIRS
INVESTIGATION

63. Garrity v. New Jersey 385 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 the statements are restricted to non-criminal purposes.
The person reading Garrity must have the authority of the agency to administer discipline. If you use an outside agency, ensure the Internal Affairs Investigator reads Garrity or issue a written statement from the CEO giving the outside investigator authority.

64. Typical Garrity Warning
You are being asked to provide information as part of an internal and/or administrative investigation. This is a voluntary interview and you do not have to answer questions if your answers would tend to implicate you in a crime. No disciplinary action will be taken against you solely for refusing to answer questions. However, the evidentiary value of your silence may be considered in administrative proceedings as part of the facts surrounding your case. Any statement you do choose to provide may be used as evidence in criminal and/or administrative proceedings.

66. 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;

67. Question?
If an employee implicates another employee during an administrative interview under Garrity, can you use it against the other employee in a criminal case?

68. Question?
Can an employee be charged with anything based on information they provide during an internal affairs investigation after being read Garrity?

69. Rule of Thumb – “It’s Not a Two Way Street”
The Internal Affairs Investigators gets all information from the criminal investigator but the criminal investigator gets none from IA

70. 9. Internal Affairs Records

71. Software and Security
Have a system to track the status of investigations
Have a system in-place to look for patterns of problems to include complaints
Have a Personnel Early Warning System
Software systems are also available:
IA Track
IA 2000
Etc.
Records should be separate from general agency records

72. Personnel Early Warning System (PEW)
-WHAT IS IT?
Sometimes referred to as “Personnel Activity System”;
A tool to assist supervisors in monitoring employee performance;
A system that tracks and reviews incidents of risk to the involved employee(s)

73. General Order 100-61 Employee Early Warning System Defined:
The Valdosta Police Department has an Early Warning System (EWS) to provide a systematic review of specific events involving agency employees. The system allows the Department to evaluate, identify, and assist employees whose performance and/or actions indicate specific trends. The EWS tracks the following information:
Personnel Complaints;
Use of Force Reports;
Vehicle Pursuit Reports;
Formal Disciplinary Actions; and
Personnel Evaluations.

74. Activation of the P.E.W.
The following criteria will result in an employee tracking memorandum being initiated:
Two (2) sustained complaints within 12 months;
Three (3) or more complaints, regardless of disposition within 12 months;
Any Use of Force Report which is found to be Improper Conduct;
Any Vehicle Pursuit which is found to be in violation of policy;
Two (2) formal Disciplinary Actions (written reprimand or above) within 12 months;
A Personnel Evaluation which rates the employee as below a #2 Rating (Unsatisfactory) in two or more categories; or
Any other situation as determined by the Chief of Police.

75. 10. Special Considerations - Accreditation

76. Investigating ALL Complaints

77. Maintaining Records of All Complaints

78. Reporting to the CEO

79. Transparency

80. Transparency

81. Who Investigates What?

82. Notifying the CEO

83. Time Limits

84. Keeping the Complainant Aware

85. Fairness to the Employee

86. Tests to Be Conducted

87. Relieving the Employee

88. Concluding the IA

89. 11. Are the Police Out of Control?

90. Why So Much Police Brutality?

91. My Experience as a CALEA Team Leader Assessor
Assessed 42 different city, county, and state law enforcement agencies
Use of force is reviewed during each assessment
Basic finding for total use of force versus total arrests:
Law enforcement use force less than 1% of the time when arresting citizens
Sound familiar?

92. Conclusion & Questions