Processing Complaints

PINELLAS COUNTY SCHOOLS POLICE

GENERAL ORDER

DATE OF ISSUE                                EFFECTIVE DATE                                                  NUMBER
November 12, 2018                          November 12, 2018                                              II-2

 

Distribution:                All Employees

 

Subject:              Processing Complaints
 

PURPOSE
 

This order establishes basic rules and regulations governing the processing of complaints against all employees.

 

This order consists of the following sections:

 

I      Philosophy

II     Policy

III    Definitions

IV     Use of Force Allegations

V       Employee’s Rights

VI      Receipt of Complaints

VII     Office of Professional Standards

VIII    Complaint Processing by the Office of Professional Standards

IX       Chain of Command

X        Review of Investigations

XI       Distributions of Investigation Reports

XII      Monitoring

   

I. PHILOSOPHY

 

The integrity of a police agency depends on the personal conduct and discipline of each employee. To a large degree, the public image of the agency is deter­mined by the efficiency and effectiveness of the agency’s response to allegations of misconduct. In addition, the public’s confidence in our ability to provide professional and unbiased service is dependant upon how well we police ourselves. The public must feel confident that we will objectively investigate allegations of misconduct, and we will hold all members of the department accountable for their actions. At the same time officers who act lawfully and properly, and who subscribe to the Law Enforcement Code of Ethics must be assured that they will be supported in their actions.

 

II. POLICY

 

The Pinellas County Schools Police Department welcomes constructive criticism and the filing of valid complaints about the conduct of employees or inappropriate policies. The Department will conduct a thorough investi­gation into all reported improprieties and make a fair and impartial evaluation of the results of the investiga­tion to protect the Department and the public against acts of misconduct by police personnel, and to protect police personnel against invalid charges made by the public.

      

A. Truthfulness

 

     1. The integrity and efficiency of internal depart­ment investigations are of paramount importance to the Department’s ability to be accountable to itself and to the public it serves. Therefore, all employees involved in departmental investigations are required to cooperate truthfully and fully.

    

     2.   All employees involved in department internal investigations shall be truthful and forthright in providing information. Employees who withhold information of which they have knowledge or who respond to questions during a departmental investigation with evasive, mis­leading, partial answers or other similar responses, will considered to be untruthful. If, during the investigation, it is shown through other credible evidence of record that an employee’s response was untruthful, that employee will be subject to disciplinary action for untruthfulness. The result of any sustained charge of untruthfulness shall be termination.

 

B.  Confidentiality of investigations of misconduct shall be according to current and applicable law.

 

C.  Documents submitted to the Office of Professional Standards via the Chain of Command, in relation to allegations of misconduct or inappropriate departmental policies, shall be accompanied by all related police reports and other applicable documents.

 

E.  Incidents which are likely to result in a complaint against employees or departmental policies shall be brought to the attention of the Chief of Police. A summary of the incident, in either paper or electronic form, shall be forwarded through the subject employee’s Chain of Command.

 

 

III. DEFINITIONS

 

A.  Findings

 

     1.   Exonerated - The investigation reveals the acts which provided the basis for the complaint or allega­tion were justified, lawful and proper.

     2.   Not Involved - Upon investigation, the em­ployee is found not to be directly involved in the acts alleged.

     3.   Not Sustained - The investigation fails to disclose sufficient evidence to prove or disprove the allegations made in the complaint.

     4.   Sustained - The investigation discloses sufficient evidence to either prove or disprove the allegation made in the complaint.

     5.   Unfounded - The investigation conclusively proves that the allegations made in the complaint did not occur.

 

B.  Formal Complaint - An allegation of misconduct of a serious nature by an employee which requires an in-depth investigation. Examples are, but not limited to unnecessary force or conduct unbecoming an employee. Formal complaints are referred to as OPS (Office of Professional Standards) investigations.

 
C.  Informal Complaint - An allegation of misconduct of a minor nature by an employee, not requiring a formal investigation. It is a degree of misconduct which may require corrective counseling or remedial training. Exam­ples are, but not limited to discourtesy or rudeness.  Informal complaints will be handled by the Sergeant, or at the discretion of the Chief, referred to OPS.

 
D.  Office of Professional Standards (OPS) – The office within Pinellas County Schools responsible for investigating complaints against employees OPS Criminal Investigator – The sworn member of the Schools Police Department assigned to work out of the OPS office assigned to investigate any formal complaints or allegations against an employee.

 

 

IV. USE OF FORCE ALLEGATIONS 

All allegations regarding unnecessary force shall be investigated by the Office of Professional Standards.

 

 

V. EMPLOYEES’ RIGHTS


A.  All employees conducting internal investigations shall comply with the provisions of Florida Statute 112.531et.seq., commonly referred to as the Law En­forcement and Correctional Officer’s Bill of Rights.

 
B.  When employees are notified they have become the subject of a formal complaint, they will be provided with a written statement of the allegations and notice of their rights and responsibilities relative to the investigation.

 
C.  During internal investigations, questions shall be limited to the circumstances related to the incident under investigation.

 
D.  Employees shall answer all questions pertaining to an investigation and may be disciplined for refusing to do so, which can result in termination.

 

 

VI.       RECEIVING COMPLAINTS

 
A.  All employees of the Department shall courteously and willingly receive any complaint lodged against the Department or any employee thereof.

 
B.  During normal business hours complaints will be referred to the supervisor of the affected   employee or the criminal investigator in the Office of Professional Standards. The supervisor is authorized to handle complaints of a minor nature, if they can be resolved to the complaint’s satisfaction.

 

C.  Pursuant to Florida Statutes, officers from this agency must accept an Internal Affairs/Office of Professional Standards complaint from a citizen regarding the actions of any officer from any agency. Nothing shall preclude you from referring the complainant to the agency of jurisdiction; however, you still must notify the agency of jurisdiction within 5 days.  The person receiving the complaint shall document all actions taken via e-mail and ensure that their Supervisor is copied.   

 
D.  Complaints received outside of normal business hours shall be referred to the OPS criminal investigator via email and must include date, time, and brief synopsis of the complaint.

 
E.  If circumstances result in a preliminary determina­tion that the matter is a Formal Complaint, the Sergeant or Chief shall refer the matter to the Office of Professional Standards in a timely manner.

 
F.  All members, should be prepared to take appropriate actions necessary to preserve the integrity of the investigation until the arrival of supervisors or OPS personnel when a serious incident takes place.

  

 

VII. OFFICE OF PROFESSIONAL STANDARDS

 
A.  Purpose of the Office of Professional Standards

 
     1.  To conduct thorough investigations and make fair and impartial evaluations of allegations made against the Department or employees, upon receiving an allegation or complaint of misconduct, or as directed by the Chief of Police.

 
B.  Organization and Staffing

           
     1.  The criminal investigator in the Office of Professional Standards shall report directly to the Chief of Police.  In any investigation, Administrators assigned to the Office of Professional Standards are expected to cooperate and work collaboratively with the Chief and the criminal investigator.

 
     2.  The criminal investigator in the Office of Professional Standards shall advise the Chief of  Police of the receipt of each formal complaint or potential formal complaint.

 

 

VIII. COMPLAINT PROCESSING BY THE OFFICE OF PROFESSIONAL STANDARDS

 

The Office of Professional Standards shall accept citizen complaints against Department employees or regarding Department policies. Some complaints will be retained by the Office of Professional Standards as “Information Only” when it is shown there is no violation and the complaint has been determined to be a procedural question. Complaints shall be accepted from any source, i.e., in person, mail, email or telephone, and will be categorized as Informal or Formal.

 
A.  Informal Complaints received by the Office of Professional Standards:

 

1.  If the complaint was not received by a supervisor, a brief synopsis of the complaint, including the date and time of the incident shall be sent in an email or memorandum to the supervisor and copied to the Chief.


        2.  The employee's supervisor shall:

 

          a).  Contact the complainant and all witnesses to the incident.

 
          b).  Complete a summary of all statements and evidence developed during the investigation

 

  c).  Prepare a memorandum to the employee regarding the investigative summary, to include information from section VIII A 2. a and b.    The employee shall respond via memorandum addressing specific points identified by the supervisor. The employee shall be given a reasonable amount of time to complete the assignment on-duty.  If the employee does not sufficiently address the specific points by the supervisor they shall be directed, via memorandum, to revisit identified items with greater specificity.

 

 d).  Review the employee’s completed statement and determine the appropriate findings noted in III (A) 1-5, and identify the appropriate disciplinary actions.

 

      3.   Supervisor’s Procedures Regarding Findings:

 

  a).  If the complaint results in a Sustained finding, the supervisor shall consult with an Administrator in OPS, either indicate that the employee was counseled on the cover memorandum and have the employee initial the counseling, or issue a Letter of Caution or a Letter of Reprimand.

 
  b).  The supervisor shall then forward the findings to the Chief, within 10 days of the original notification for approval. The investigation will not be considered closed until approved by the Chief of Police.

 
  c).  After the case has been approved by the chief, the supervisor shall notify the complainant of the outcome of the investigation, and document the date and time of the notification in the investigate notes.

 
 d).  The Chief shall ensure that a copy of the investigation is included in the employee’s personnel file and the original memorandum is forwarded and maintained in OPS.

 

       4.  If the complaint results in a finding of Unfounded, Not Sustained, Exonerated, or Not Involved the supervisor shall complete a memorandum with the following:

      
 a).  Complainant’s name, address, and phone number


 b).  Officer’s name and payroll number


 c).  Brief synopsis of the complaint


 d).  Nature of the allegation and findings


 e).  Notification of findings to complainant, to include date and time.


 f).  Place a copy in the employees file and forward the original memorandum to OPS.

 

B.  Formal Complaints received by the Office of Professional Standards:

 

      1.  All Formal Complaints shall be thoroughly investigated and must include the complainants/witnesses notarized statement. The Chief of Police will determine the extent an anonymous complaint will be investigated.  The Chief of Police is not subject to providing a notarized statement.

 


     2.  All formal investigations shall be completed within thirty (30) calendar days, from the date the complainant signs his/her statement.  The investigator may request an extension of fourteen (14) days when extenuating circumstances exist by submitting an Extension Request form to the Chief of Police. If an extension is granted, the named employee will be notified in writing of the extension including the reason for the request, if he/she has been interviewed. Additional requests for extension may be made every fourteen (14) days thereafter.

 


    3.  A complete case report shall be prepared for all investigations. This report shall include:

 

         a).   A summary of the complaint or alleged act of misconduct;

         b).   A description of the incident, physical evidence and other information pertinent to the case;

         c).   The statements of all persons involved in the case;

         d).   A review which includes the facts and conflicts developed during the investigation; and

         e).   The completed report must include, the time the report is completed:

 
 1.  Verify pursuant to S.92.525 that the contents of the report are true and accurate based upon the person’s personal   knowledge, information, and belief.

 

 2.   Include the following statement, sworn and subscribed to pursuant to s.92525: 


“I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and     belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.532 and 112.533, Florida Statutes.”

 

           f).    The completed case report will be signed by the Office of Professional Standards investigator and forwarded to the Chief of Police.

 

 

IX.  Chain of Command Board

 

 A.  After the investigation, the Chief of Police will review the case as soon as practical.  If the investigation clearly reveals that the case is “Not Sustained,” “Unfounded,” “Exonerated,” or “Not Involved,” the complaint will be filed for information only with a copy of the findings sent to the employee and the supervisor.  If the Chief of Police has reason to believe that a violation may have been committed, a Chain of Command Board may be convened or the case may be remanded to the supervisor for appropriate action. 

 

B. The Chain of Command Board Procedures:

     1.  Each member of the employee’s chain of command will review the case, based upon a preponderance of the evidence to determine whether the employee’s action was improper, according to specific rules, regulations or policy. In conducting the Board, the supervisor will provide initial input.

 

     2.  If the alleged violations are “Not Sustained”, the case will be closed and both the complainant and the employee shall be notified. The findings will be posted for review.

 
     3.  If any violations are “Sustained”, the employee’s personnel folder will be reviewed and the supervisor will make a non-binding disciplinary recommendation to the Chief of Police who will make the final decision. 

 
     4.  The employee will be advised of the Chief’s recommendation to the Superintendent regarding the discipline. An administrator from OPS will also be present to provide information regarding Board Policy and/or procedures.

 

 

X. REVIEW OF INVESTIGATIONS

 


  A.  All complaints sustained by a Chain of Command Board based on a conclusion of facts presented will result in a Notification of Sustained Complaint form being issued to the named employee.

 
  B.  Upon the completion of every investigation, the complainant will be notified by mail.

 
  C.  The completed files of all investigations will be retained by the Office of Professional Standards for the length of time required by law.

 

 

XI.     DISTRIBUTION OF INVESTIGATION REPORTS

 


  A.  In any matter which might give rise to a civil lawsuit against an officer/employee or the Board (e.g. false arrest, unnecessary force), a copy of the complete case report will be sent to the Pinellas County School Board’s Attorney’s Office.

 
  B.  If a case results in a sustained finding of misconduct of any type and the disciplinary action is appealable to the School Board, and the employee involved appeals to the board, a copy of the complete case report shall be sent to the City Attorney for use in the civil service hearing.
 

  C.  In all cases resulting in a sustained finding of misconduct by a certified officer whose actions are included in FAC 11B-27.0011 (Moral Character), the OPS criminal investigator shall complete the required Florida Department of Law Enforcement (FDLE) form and send a copy of the complete case report to FDLE.

 
  D.  In the case of formal complaints, the Chief shall issue a memorandum following the completion of the report for posting.

 
  E.  Completed informal complaint investigations ordinarily are not be posted.  However, since they are a matter of public record, the discretion is that of the Chief of Police.

 

 

XII. MONITORING

 


 A.  The Office of Professional Standards will monitor all Formal, Informal and Information Only complaints.

 
 B.  If an employee is named three (3) times within a twelve (12) month period in similar acts of misconduct, the situation will be brought to the attention of the supervisor and the Chief of Police.

 
 C.  An employee with four (4) of any kind of violation or three (3) similar violations of the code of conduct within twelve (12) months is considered a chronic offender and will be subject to progressive discipline.

 
     1.  The Chief and supervisor shall conduct an inquiry, to ensure the employee understands the appropriate department policy(s) related to the complaint, and shall also be responsible for counseling the em­ployee if necessary. The Chief or supervisor shall ensure the results of the inquiry and any counseling provided are documented in writing and a copy is sent to the Office of Professional Standards.

 
     2.  The intent of the counseling session is to educate the employee, promote proper employee conduct and reduce the possibility of future formal complaints.

 

_________________ 

Luke C. Williams

Chief of Police