332.00 ADMINISTRATIVE INVESTIGATIONS
The Internal Affairs unit (IA) of the Professional Standards Division has the primary responsibility for investigating allegations of Police Bureau member misconduct that, if sustained, are likely to result in disciplinary action. Administrative investigations may also be conducted at the RU level at the discretion of the IA manager. Administrative investigations will be conducted objectively and in accordance with applicable labor agreements. IA will work with the City Auditor’s Independent Police Review Division (IPR) to ensure that complaints against Bureau members are investigated fairly, professionally, and objectively.
When assigned an administrative investigation, the investigator will:
1. Maintain the integrity of the case file and the confidentiality of the investigation.
2. Conduct a complete, thorough, and objective investigation following current IA procedures for conducting investigations.
3. Complete the investigation and investigative report to IA within 10 weeks of the date the complaint was assigned.
4. If the investigation is not completed within the scheduled time, the investigator should document (in the case file) the reason for the delay. The investigator will contact the complainant by letter and advise them of the delay. If a member has been interviewed, that member must also be contacted and advised of the delay. The complainant and member should be contacted every six weeks and that contact will be documented in the case file.
5. Audio record all interviews of members and, if possible, all non-Bureau complainants or witnesses. A separate recording is required for each interview conducted. If an interview is not recorded, the investigator will document the circumstances that precluded the recording in the interview narrative report. Recordings will be kept in the IA case file.
6. Advise all involved members of their rights as prescribed by the appropriate bargaining agreement.
7. Include a transcription for each person interviewed in the case file. Interviews that are not recorded will be summarized in the investigative report.
8. Write an Investigative Summary Report outlining the overall results of the investigation. If appropriate, any conclusions regarding the reliability of witnesses, and the importance and relevance of facts involved in the alleged misconduct will be included in the Investigator Comments section of the report. Investigators will not recommend a finding.
9. Return the Investigator Summary Report to the IA manager for review and approval.
Members will cooperate fully in administrative investigations. Members will be complete and absolutely truthful in their statements about events under investigation. No member shall conceal information, impede, or interfere with the reporting or investigation of any complaint. Members who become aware of the investigation of an incident about which they have knowledge shall contact the investigator(s) with this information.
IA Manager Responsibilities
The IA Manager will ensure that the assignment, investigation, documentation, and record maintenance for administrative investigations are done in accordance with Directive 330.00. The IA Manager will:
1. Review all community complaints received from IPR and determine how the complaints will be handled. (per Directive 330.00)
2. Review all investigations to ensure accuracy and completeness, and to ensure that contractual, directive, and city code requirements have been met for citizens and members.
3. Forward the Investigator Summary Report to IPR for review and comment. Consult with IPR about any recommendations for additional investigation or other quality issues.
4. After IPR’s review, forward the completed administrative investigation file to the accused member’s RU manager, who is responsible for case review and finding(s).
During the course of an administrative investigation, the IA manager or IPR may determine that there are additional allegations of member misconduct requiring investigation. Such allegations may be added to a case and investigated appropriately.
RU Manager Responsibilities
1. Maintain strict confidentiality of administrative investigation files. RU managers will ensure that files are not reviewed by the accused member(s) or citizens.
2. Ensure that administrative investigations assigned to the RU for investigation are thoroughly investigated.
3. Review investigative summaries prepared within his/her RU and forward recommended findings and discipline to IA within five weeks.
Purging of IA Files (332.00)
The policy and procedures for purging IA files pertains to those files that are in the custody and control of IA, as well as IA case and disciplinary information contained in the Personnel Division, the Chief’s office, or the Discipline Coordinator’s files. It does not apply to files in the custody of IPR or the Bureau of Human Resources.
Unless otherwise directed by the Chief of Police or court order, individual IA case files and other references may be destroyed after two years from the case closure date when assigned the following case dispositions:
Exonerated (with or without a debriefing)
Unproven (with or without a debriefing)
Service Improvement Opportunities
Files for cases resulting in sustained findings may be purged if all of the following criteria are met:
A minimum of five years have elapsed since the date of the sustained complaint.
The discipline imposed was less than demotion.
The Chief of Police authorizes the file to be purged.
Upon receipt of a member’s request to have an IA file purged, the member’s RU Manager will submit a memorandum to the Chief of Police containing the following:
A brief overview of the case.
The discipline imposed.
A summary of the member’s conduct and performance since the last sustained case.
The RU manager’s rationale for the decision to support or deny the purge request.
Files for IA investigations resulting in termination of employment or a member’s resignation from the Bureau will be retained for no less than 10 years from the date of separation.
The Chief of Police has the authority to order a member’s IA file to be purged without a formal request from the member.
RESPONSIBILITY, ACCOUNTABILITY, AND CONTROL (332.00)
The IA manager will ensure that complaints are assigned, investigated, and documented in accordance with this directive. Each RU manager will ensure that complaints received by his/her RU are processed in a timely manner.
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