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G.O. 27 LONGWOOD POLICE DEPARTMENT GENERAL ORDER NUMBER: GO - 27 SUBJECT: CONDUCT INVESTIGATIONS EFFECTIVE: SEPTEMBER 18, 2001 REVISED: JANUARY 1, 2023 GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 1 OF 11 I. PURPOSE The purpose of this directive is to establish guidelines for the reception and investigation of complaints involving the Longwood Police Department or its employees. II. SCOPE It is the policy of the Longwood Police Department to investigate and resolve all complaints against the agency and its employees, and to maintain adequate procedures that thoroughly, expeditiously and impartially investigate complaints. III. GENERAL A. Employees have an obligation to conduct themselves in a professional and courteous manner, and to treat persons equally, impartially, and with respect and dignity. B. Proper complaint handling guidelines are essential to efficient and orderly achievement of the mission of the Longwood Police Department. Knowledge of the procedures involved in the conduct investigation process is intended to promote uniform application of the concepts aimed at maintaining proper employee conduct. IV. DEFINITIONS A. Supervisory Inquiry: A Supervisory Inquiry is defined as an investigation conducted by a supervisor. Supervisory Inquiries are used to investigate allegations of misconduct, discourtesy, misunderstanding, individual performance problems, or violations of Longwood Police Department policies and procedures. GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 2 OF 11 B. Administrative Investigation: An investigation conducted by the Internal Affairs Investigator. Administrative Investigations are used to review and investigate allegations of violations of law or major violations of Longwood Police Department directives including, but are not limited to: 1. Commission of a crime; 2. Acceptance of a bribe, or other illegal compensation; 3. Malfeasance in office; 4. Criminal assault; 5. Theft; 6. Release of confidential information without authority; 7. Official misconduct; 8. Intoxication; 9. Excessive use of force; 10. Employee and sexual harassment; 11. Unnecessary or unlawful injury to a prisoner; 12. Employee substance abuse; or, 13. Other acts of a serious nature. C. Professional Standard Section/Internal Affairs Investigator: The section is responsible for recording and reviewing complaints, along with investigating complaints involving violations of law and major violations of Longwood Police Department policy. The section does not make recommendations as to discipline relative to an investigation. Investigators assigned as Internal Affairs Investigators are directly supervised by Criminal Investigations Division. The investigator is subordinate to the Criminal Investigations supervisor, but has the authority to report directly to the chief on any Administrative Investigation. GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 3 OF 11 D. Findings or Conclusion of Fact: A finding, or conclusion of fact, is an opinion rendered by an investigator or supervisor to summarize an investigation or inquiry. 1. Not Sustained: The investigation did not reveal sufficient evidence to clearly prove or disprove the allegations made in the complaint. 2. Exonerated: The specific act did occur but was justified, lawful and proper 3. Unfounded: The specific act(s) complained of did not occur or failed to involve Longwood Police Department personnel. 4. Sustained: The investigation disclosed sufficient evidence to clearly establish the allegation made in the complaint. 5. Policy Failure: The allegation is true, but the employee was acting in a manner consistent with Longwood Police Department policy. Such a finding may necessitate a review and revision of the policy as written. A finding of "Policy Failure" must clearly detail how any particular policy is incorrect. V. COMPLAINTS A. Complaints against the Longwood Police Department or its employees may be made by any person. Initial complaints may be made in person, by telephone, e-mail, or on the police department web page. Complaints may be accepted by any supervisor or by an Internal Affairs Investigator. B. Upon initial contact with a complainant, a supervisor may determine the complaint does not involve improper conduct in behalf of an employee. In this case, supervisors are authorized to resolve the situation to the satisfaction of the complainant, if possible. A supervisor may: 1. Resolve any misunderstanding that may have led to the complaint; GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 4 OF 11 2. Correct a problem or situation; and/or, 3. Counsel the employee as to the reason for the complaint and take no further action. C. If the complaint cannot be reconciled at the initial reception level, a supervisor will begin the formal complaint process: 1. A supervisor will inform the complainant their complaint will need to be reduced to a sworn statement within the Professional Conduct Review Form. Once documented, the complaint will be forwarded to chief of police. Some forms of initial complaints may not require a sworn statement. 2. The complainant will be advised they will be contacted by a supervisor or investigator assigned to handle the complaint. The receiving supervisor may advise the complainant of the procedures that will be followed in the investigation of the complaint. 3. The receiving supervisor will complete a written statement describing the nature and circumstances of the complaint as related by the complainant. The supervisor's statement, along with that of the complainant, will be submitted to the chief of police through the chain of command. 4. Upon obtaining the receiving supervisor's statement; based upon the seriousness of the complaint, the chief, (or his designee), will make a determination if the complaint is to be handled through a Supervisory Inquiry or an Administrative Investigation. 5. The chief will be notified immediately when a complaint of a serious nature has been received against the Longwood Police Department or one of its employees. VI. RELIEF FROM DUTY A. The chief may relieve an employee from duty pending determination of their physical or psychological fitness for duty or pending disposition of a Supervisory Inquiry or Administrative Investigation. Relief from duty will be in accordance with the collective bargaining agreement or applicable City Personnel Policy. At the chief's discretion, an employee may be reassigned to duty not related to the particular investigation. B. Supervisors have the authority to temporarily suspend a subordinate employee from duty. A suspension may be made for a violation of the law or violation of Longwood Police Department policy where an endangerment to the public is GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 5 OF 11 created by the employee's action (intoxication, mental instability, illness, etc.). Any supervisory suspension will be with pay, and any such action will be brought to the immediate attention of higher authority. VII. SUPERVISORY INQUIRY PROCEDURE A. All complaints, except those reconciled at the initial supervisory level, will be forwarded to the chief up the receiving supervisor's chain of command along with a statement from the supervisor explaining the nature or circumstances of the complaint. When a complaint is received, a determination will be made if the complaint should be handled as a Supervisory Inquiry. B. When a complaint is received by the chief a file containing copies of all written statements and other supporting documentation will be prepared, and the file will be forwarded to an appropriate supervisor. C. Upon receiving a complaint to investigate, the supervisor will contact the employee to inform them of the allegations and the complainant to ascertain the facts of the incident. The supervisor will advise the employee and the complainant of the Supervisory Inquiry procedure. D. Any sworn statements taken from employees accused of misconduct will be in accordance with Chapter 112.532, Florida State Statutes (Law Enforcement Officer Bill of Rights). E. A supervisor should endeavor to complete a Supervisory Inquiry within two weeks after receiving the complaint. Should a delay in processing a complaint occur, the investigating supervisor will advise the complainant and the employee of the reason for the delay. F. After completion of the inquiry, the supervisor's findings and any supporting documentation will be submitted by the supervisor to the division lieutenant for review. If additional information is required, the division lieutenant may return the Supervisory Inquiry to the supervisor for further investigation. G. Once an inquiry is complete, the division supervisor will forward it to the chief through the chain of command along with any written recommendations or supporting documentation. H. Upon final disposition of the inquiry, the employee's division supervisor shall be responsible for notifying the employee and the complainant, in writing, of the outcome. GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 6 OF 11 I. A copy of the Supervisory Inquiry, including the outcome of any disciplinary procedure, will be submitted by the chief to the Professional Standard Section for filing, secure storage, and statistical analysis. J. During a Supervisory Inquiry, if a determination is made that the complaint involves a violation of law or serious agency directive, a supervisor may recommend to their division supervisor the Supervisory Inquiry be forwarded to the chief for reclassification as an Administrative Investigation. VIII. ADMINISTRATIVE INVESTIGATION PROCEDURE A. Only the chief or his designee may initiate an Administrative Investigation. B. Unless otherwise directed by the chief, the Professional Standard Section Investigator is responsible for conducting all Longwood Police Department Administrative Investigations. C. In the event criminal charges may arise during or from the outcome of an investigation, the State Attorney's Office or Florida Department of Law Enforcement will be consulted during the investigation. It should be noted based on the criminal allegations it maybe necessary to place the Administrative Investigation on hold and proceed with a separate criminal investigation. D. Procedure: 1. Administrative Investigations shall be conducted with an impartial, non- biased attitude. 2. The complaint will be assigned a Personnel Complaint Number. 3. The complainant will be advised in writing by the investigator the complaint was received and is being processed according to agency policy. 4. When an employee is notified they have become the subject of an Administrative Investigation, the investigator will issue the employee a written statement of the allegations and the employee's rights and responsibilities relative to the investigation. 5. The Investigator will begin the Administrative Investigation by collecting all available documentation and arranging for interviews with witnesses and the complainant. GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 7 OF 11 6. A complaint, the existence of a complaint, and information obtained pursuant to an Administrative Investigation is confidential until the case ceases to be active. a. An investigation is considered active as long as it is proceeding in a timely manner, with a reasonable expectation a finding or conclusion of fact will be made. The period of time in which an investigation is reasonably expected to be concluded is forty-five, (45), days; however, this period may be extended if the investigator determines extenuating circumstances are present and the investigation is proceeding in good faith. In all cases, confidentiality will be preserved until the investigation is concluded and a finding is reached. During a protracted investigation, the investigator assigned to the complaint will periodically notify the complainant of the status of the investigation by telephone or in writing. b. An Administrative Investigation is considered to be "closed" when it has been reviewed and approved by the chief. 7. Longwood Police Department personnel may be ordered to submit to a breath test, urinalysis, handwriting exemplars, psychological examination, or other test or examination specifically related to a particular Administrative Investigation. Examinations conducted at the direction of the Longwood Police Department shall be at the expense of the Longwood Police Department. a. An employee may be required to submit financial disclosure statements if the investigation involves questions of a financial nature. b. An employee may be required to be photographed or participate in a line-up if it is material to a particular offense or investigation. c. Investigations may include truth verification (V.S.A.) examinations. No employee shall be compelled to submit to a V.S.A. examination against their will, nor will a refusal to submit to an examination be a determinant in the finding of fact in the case. 8. An employee shall not be required to subject their residence, place of private business, or private vehicle to search unless a search warrant has been obtained or the employee voluntarily consents to the search. GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 8 OF 11 9. The Professional Standards Investigator will contact all subject employee(s) and/or witness employee(s) directly to schedule an interview. E. Interview Procedures: 1. The procedure for taking a sworn statement from a Longwood Police Department employee who is the subject of an investigation will be in accordance with Chapter 112.532, Florida State Statutes (Law Enforcement Officers Bill of Rights), and other applicable state and federal court decisions affecting the rights of employees. 2. Before beginning the interview, the employee will be informed of the name of the complainant and the nature of the complaint and allegation(s) made against them. The employee will be allowed to review all written statements made by the complainant or other persons. 3. The employee will be provided with the Law Enforcement Officer's Bill of Rights form, the Garrity Statement Form, and will be advised of the perjury statutes as provided by Chapter 837, Florida State Statutes. Each form will be thoroughly read and then signed by the employee indicating acknowledgement. 4. Interviews shall be done under circumstances devoid of intimidation or coercion and shall not violate an employee's constitutional rights. No promise of reward shall be made as an inducement to answer questions. 5. Interviews shall not be unreasonably lengthy. Employees shall be entitled to reasonable intermissions for personal necessities, telephone calls, meals and rest periods. 6. An employee is required to respond to all inquiries made during an interview and has the obligation to answer all questions truthfully. Refusal to answer questions truthfully is a violation of Longwood Police Department policy and may render the employee subject to disciplinary action. 7. If an employee is under arrest, or is likely to be placed under arrest as a result of a criminal investigation, the employee shall be advised of their constitutional rights (Miranda Warnings) prior to the commencement of the interview. Administrative Investigations and Criminal Investigations must be conducted separately. GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 9 OF 11 8. All interviews conducted for the purpose of an Administrative Investigation will be recorded. The employee may record any and all portions of the interview at their own expense. 9. All interviews shall be narrowly limited in scope to activities, circumstances, events, conduct or acts which pertain to the subject of the investigation. 10. An employee may have an attorney or union representative present during an interview. This representation will be confined to counseling, and not actual participation in the interview. F. Reports of Investigations: 1. Upon completion of an Administrative Investigation, a comprehensive report shall be prepared by the investigator. The report shall contain at a minimum: a. A summary of the complaint; b. A description of the incident, physical evidence or other pertinent information; c. Non-edited statements taken in the course of the investigation; d. An evaluation of the complaint, with a statement indicating what can be substantiated and what cannot be substantiated; e. A description of any policy violations or violations of law; f. Whether or not the State Attorney's Office or Florida Department of Law Enforcement was consulted; g. Supporting documentation; and, h. A finding or conclusion of fact: 1. Not Sustained; or, 2. Exonerated; 3. Unfounded; 4. Sustained; and/ or GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 10 OF 11 5. Policy Failure 2. The chief shall review the report and determine if and what, disciplinary action is appropriate. 3. Following the chief’s review and approval; when the investigation is considered closed, the chief, or his designee, will notify the complainant and the employee in writing of the results of the investigation. IX. WRITTEN DIRECTIVE REVIEW The accreditation manager will conduct a written directive review whenever the findings of a conduct investigation suggest the need for modification(s). The accreditation manager will prepare a written recommendation to the chief in regard to developing a new directive or amending current directive to correct the situation and prevent similar occurrences. The accreditation manager’s report may recommend training be initiated, or current training be modified or expanded. X. APPEALS A. Employees represented by a bargaining unit desiring to appeal formal discipline awarded as a result of a sustained investigation shall refer to their Bargaining Unit Rules of Procedure. B. Employees not represented by a bargaining unit desiring to appeal formal discipline awarded as a result of a sustained investigations shall refer to the City of Longwood Policies and Procedures. XI. RECORDS A. Administrative Investigations received by the Professional Standard Investigator will be assigned a Personnel Complaint Number. Complaint numbers are assigned for the proper maintenance and recording of cases and for the collocation of statistical information. B. Records pertaining to Supervisory Inquiries, Administrative Investigations and criminal investigations involving department members will be securely stored and maintained by the Criminal Investigation Unit; until they reach their retention date. See the retention schedule below. 1. Sustained Formal Discipline retention schedule is 5 years. 2. Sustained Informal Discipline retention schedule is 3 years. 3. Not Sustained, Unfounded and Exonerated retention schedule is 1 year. GENERAL ORDER CONDUCT INVESTIGATIONS GO – 27 PAGE 11 OF 11 C. Records will be disposed of according to general records schedule GS2 item numbers: 59, 77, 134, 135, 136, and GS1-SL 351. These guidelines are articulated by the Florida Bureau of Archives and Records Management and the procedures defined by the General Order "Records Management." D. Unless exempted by law, the records of closed investigations arising from complaints against the Longwood Police Department or its employees are open for public disclosure and may be reviewed upon request. XII. MISCELLANEOUS A. The Criminal Investigations supervisor makes information available to the public, and to the Public Information Officer and Crime Prevention Officers, regarding the procedures followed in registering complaints against the Longwood Police Department and its employees. B. All Administrative Investigation complaints made against the Longwood Police Department or its employees will be reviewed by the Professional Standard Investigator. C. If the allegations sustained on a sworn employee are a violation of F.S.S. 943.13 (4) or (7) or Florida Administrative Code (F.A.C.) 11B-27.0011(4) on moral character the Criminal Investigation Unit supervisor will forward the complete investigative package to the Criminal Justice Standards and Training Commission as required in F.S.S. 943.1395(5) and F.A.C. 11B-27.003.