333.00 CRIMINAL INVESTIGATIONS OF POLICE BUREAU EMPLOYEES
Index: Title; Investigations of Police Employees, Criminal
Refer: DIR 330.00 Internal Affairs, Complaint Investigation Process
Applicable Bargaining Agreements
Internal Criminal Investigations checklist (Detectives)
Thorough investigations of allegations of criminal misconduct by Bureau members are essential to the maintenance of Bureau integrity, effectiveness, efficiency, and accountability. Criminal investigations of members will be conducted without undue delay and in a manner consistent with the highest standards of objectivity and professionalism.
All allegations of criminal conduct by members will be referred to the Professional Standards Division manager. Any member who receives a complaint of criminal conduct by another member, who observes criminal conduct by another member, who is arrested or has court action instituted against them from the scope of his/her employment, or is subjected to other legal actions that may affect his/her employment will immediately notify one of the following:
1. Reporting member’s shift supervisor.
2. Reporting member’s RU manager.
3. Branch chief.
4. Detective Division manager.
5. Professional Standards Division manager.
6. Independent Police Review
Members are authorized to make notification outside their chain of command to any of the above listed managers. Any manager who receives notification of a criminal complaint against a member will ensure the Professional Standards Division manager is immediately notified. The Professional Standards Division manager is responsible for notifying the Investigations Branch Chief of the criminal complaint by the next business day. The Detective Division manager and Professional Standards Division manager will meet monthly to review criminal investigations of Bureau members.
Criminal Investigation Supervision and Coordination (333.00)
Investigative assignments in member-involved criminal cases will be made by the Investigations Branch chief. Based upon the nature of the allegations and scope of the criminal investigation, the Detective Division (Detectives), Drugs and Vice Division (DVD) or Family Services Division (FSD) will be assigned to conduct the criminal investigation.
The assigned division will conduct the investigation and forward the completed investigative report to the Investigations Branch Chief for approval. The Investigations Branch Chief will determine whether it is necessary to submit the case to the appropriate prosecuting authority for review. Following any prosecutorial review, the case will be referred to the Professional Standards Division and Independent Police Review for a determination of whether to conduct an administrative investigation of alleged policy violations in accordance with Directive 332.00.
Outside Jurisdiction (333.00)
If it is determined that the alleged criminal conduct occurred in a jurisdiction other than the City of Portland, the IA manager will be responsible for establishing a liaison with the other jurisdiction to monitor the progress of the investigation and court action. The IA manager will notify the Investigations Branch chief of all outside criminal investigations.
Police Bureau Investigations (333.00)
The assigned RU manager will:
1. Obtain, or cause to be obtained, a confidential Police Bureau case number from the Records Division (Records) manager or the numbering desk in the event of the absence of the manager. To aid in tracking the case, minimal information (i.e., name, date) should be given to the Records manager (not to the numbering desk).
2. Contact the District Attorney’s (DA’s) office or other appropriate prosecutorial agency for assignment of a Deputy District Attorney (DDA) or prosecutor to the investigation.
3. Assign appropriate criminal investigators to the case.
4. Contact the Professional Standards Division and provide the case number, complainant’s name, involved member’s name, name of investigators, and a summary of each allegation.
Investigation Supervisor’s Responsibilities (333.00)
The investigator’s supervisor will:
1. Meet with the assigned DDA and criminal investigators to determine the investigative process and to coordinate investigative and judicial proceedings.
2. Supervise the assigned investigators and review investigative reports. Upon approval of the report, the supervisor will forward copies of all reports to the IA manager.
3. Ensure that the constitutional and contractual rights of members are protected in accordance with laws, Bureau and DA policies.
4. Obtain appropriate court and DA’s office documents.
5. Expedite the investigation.
6. Provide the Professional Standards Division with a bi-monthly status of the case (i.e., on going interviews, reports written, awaiting evidence, interviews or discussions with DAs, etc.).
7. Ensure the original case reports are delivered to the Records manager after the investigation is completed.
8. Provide a complete copy of the case file to the Investigations Branch Chief and Professional Standards Division.
Professional Standards Division Manager Responsibilities (333.00)
To ensure that all Criminal Internal cases are tracked and completed, the Professional Standards Division manager will:
1. Maintain a Criminal Internal database that includes case number, complainant’s name, involved member’s name, name of investigators, case status, allegation summaries, and the date investigations open and close.
2. Meet with a representative of IPR monthly to reconcile databases.
Concurrent criminal and administrative investigations
At the discretion of the Chief of Police, an administrative investigation into allegations of policy violations may be conducted at the same time as the criminal investigation. For a case in which a criminal investigation is being conducted by the Police Bureau, the following procedure shall apply:
A clear line of separation shall be maintained between those individuals responsible for the criminal process and those responsible for the administrative process.
No information from an administrative interview will be shared with the District Attorney’s (or other prosecutor’s) office or anyone involved in the criminal investigation.
All information developed in the criminal investigation will be forwarded to the Internal Affairs unit as it is developed.
The Professional Standards Division manager will take all steps necessary to prevent the disclosure of information from administrative interviews of any employee subject to a criminal investigation. This includes securing interview recordings and transcripts.
No one from the Investigations Branch, including the Branch chief, will participate in or attend any Police Review Board proceeding associated with the case.
The Services Branch manager and/or designee will review the administrative investigation and make findings recommendations to the Police Review Board.
Administrative staff authorized to conduct work on the case will be strictly limited to those necessary.
At the outset of the administrative investigation, the Chief of Police will prepare a memorandum outlining specific procedures for maintaining the line of separation between the criminal and administrative investigations, including who is authorized to possess information about the administrative case.
For a case in which a criminal investigation is being conducted by another agency, the following procedure shall apply:
The Internal Affairs manager or designee will act as a liaison between the Police Bureau and the agency conducting the criminal investigation and any prosecutorial agency.
The Internal Affairs manager or designee will coordinate investigative actions (such as interviews) with the agency conducting the investigation and/or the prosecutor so as to avoid jeopardizing the criminal case.
The Internal Affairs manager or designee will be responsible for ensuring that no information from the administrative investigation is shared with anyone involved in the criminal investigation or prosecution.
RESPONSIBILITY, ACCOUNTABILITY AND CONTROL (333.00)
RU managers and supervisors will ensure that members within their chain of command understand the ramifications of criminal behavior by members and the expectations and process of reporting such activity. This will be accomplished through consistent education and support of the mission, values and goals of the Bureau.
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