332.00, Administrative Investigations
- 8001 Internal Affairs Division Retention Schedule
- Directive 330.00, Internal Affairs, Complaint Intake and Processing
- Directive 333.00, Criminal Investigations of Police Bureau Employees
- Administrative Investigation: A complete investigation into allegations of misconduct, conducted by or at the direction of Internal Affairs, which is submitted to the member’s Responsibility Unit Manager for findings.
- Court List: A list of Bureau members who are named in pending civil litigation with the City.
1. Internal Affairs has the primary responsibility for investigating allegations of Bureau member misconduct, which if sustained, may result in disciplinary action. Administrative investigations may also be conducted at the Responsibility Unit level at the direction of the Professional Standards Division Captain or designee. Administrative investigations will be conducted objectively and in accordance with applicable labor agreements. Internal Affairs will work with the Portland City Auditor’s Independent Police Review Division (IPR) to ensure that complaints against Bureau members are investigated fairly, professionally, and objectively. In accordance with City Code, IPR has the authority to conduct administrative investigations independent from Internal Affairs.
1. Investigator Responsibilities:
1.1. When assigned an administrative investigation, the investigator will:
1.1.1. Maintain the integrity of the case file and the confidentiality of the investigation.
1.1.2. Conduct complete, thorough, and objective investigation adhering to current investigative standards for Internal Affairs.
1.1.3. Complete the investigation and return an investigative report to Internal Affairs within ten (10) weeks from the date the complaint was assigned.
1.1.4. If the investigation is not completed within the scheduled time, the investigator will document the reason for the delay in the case file. If a member has been interviewed, that member shall be advised when the investigation has been sent to their Responsibility Unit Manager for findings.
1.1.5. 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 reason in the case file.
1.1.6. Advise all subject members of their rights as prescribed by the appropriate bargaining agreement.
1.1.7. Include a transcription for each person interviewed in the case file. Interviews that are not recorded will be summarized in the investigative report.
1.1.8. Write an investigative 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.
1.1.9. Return the investigative report to the Professional Standards Division Captain or designee for review and approval.
2. Member Responsibilities:
2.1. Members will cooperate fully in administrative investigations. Members will provide complete information and will be truthful in their statements about events under investigation.
2.2. No member will conceal or omit information, impede, or interfere with the reporting or investigation of any complaint.
2.3. Members who become aware of the investigation of an incident about which they have knowledge shall contact the investigator with this information.
3. Professional Standards Division Captain Responsibilities:
3.1. The Professional Standards Division Captain or designee will ensure that the assignment, investigation, documentation and record maintenance for administrative investigators are done in accordance with Directive 330.00, Internal Affairs, Complaint Investigations Process. Additionally, the Professional Standards Division Captain or designee will:
3.1.1. Review all complaints received and determine how the complaints will be handled per Directive 330.00, Internal Affairs, Complaint Investigations Process.
3.1.2. Coordinate with the Assistant Chief of Investigations about all matters alleging criminal misconduct, in accordance with Directive 333.00, Criminal Investigations of Police Bureau Employees.
3.1.3. Review all investigations to ensure accuracy and completeness and to ensure compliance with contractual, directive, and city code requirements.
3.1.4. Forward the investigative report to IPR for review and comment. Consult with IPR about any recommendations for additional investigation.
3.1.5. After IPR review, forward a copy of the completed administrative investigation to the accused member’s Responsibility Unit Manager, who is responsible for case review and finding(s).
3.1.6. The Professional Standards Division Captain or designee and/or IPR may determine additional allegations of member misconduct warrant further investigation and take appropriate action.
4. Responsibility Unit Manager Responsibilities:
4.1. Ensure that administrative investigations under review by a Responsibility Unit Manager are maintained as confidential.
4.2. Ensure that administrative investigations assigned to the Responsibility Unit for investigation are thoroughly investigated.
4.3. Ensure investigations are completed and forwarded to Internal Affairs within ten (10) weeks.
5. Retention of Internal Affairs Files:
5.1. The policy and procedure for retaining Internal Affairs files pertains to those files that are in the custody and control of Internal Affairs.
5.2. Unless otherwise directed by the Chief of Police or court order, individual Internal Affairs case files will be destroyed after seven (7) years from the case closure date, or removal of the subject officer(s) from the Court List, whichever is longer.
5.3. Files for Internal Affairs investigations where the subject member was either terminated as a result of the investigations or resigned or retired with the investigation pending will be retained for no less than ten (10) years from the date of separation.
5.4. Exceptions to this rule are all officer involved shooting and in-custody death reviews, which are not subject to purging.
5.5. Members may request via written memorandum, routed to the Chief of Police through their chain of command, that their Internal Affairs file(s) relating to exonerated, not sustained, or unfounded cases will not be released by Internal Affairs for employment related matters.
5.6. Questions regarding the retention of Internal Affairs files should be directed to the City Attorney’s Office.
- Originating Directive Effective: 10/30/14
- Next Review Date: 4/30/15
- Review By: Professional Standards Division