333.00, Criminal Investigations of Police Bureau Employees
1st Universal Review: 5/25/17-6/24/17
- Directive 330.00, Internal Affairs, Complaint Investigation Process
- Internal Criminal Investigations Checklist (Detectives)
1. 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. The constitutional and contractual rights of members subject to a criminal investigation will be protected in accordance with the law and applicable collective bargaining agreements. This Directive does not apply to deadly force investigations or in custody deaths, which are covered under separate Bureau directives.
1. All allegations of criminal conduct by members will be referred to the Assistant Chief of Investigations.
2. Any member who receives a complaint of criminal conduct by another member or who observes criminal conduct by another member, will immediately notify one of the following:
2.1. Reporting member’s Shift Supervisor.
2.2. Reporting member’s Responsibility Unit Manager.
2.3. Any assistant chief.
2.4. Detective Division Commander.
2.5. Professional Standards Division Captain.
3. Any member who is arrested, cited, charged, or becomes aware they are the subject of a criminal investigation must notify their direct supervisor. The direct supervisor shall notify, through channels, the Assistant Chief of Investigations.
4. Any manager who receives notification of a criminal complaint against a member will ensure the Assistant Chief of Investigations or designee is immediately notified.
5. The Assistant Chief of Investigations will update the Chief of Police.
6. The Assistant Chief of Investigations or designee is responsible for notifying the Professional Standards Division Captain of the criminal complaint by the next business day.
7. The Detective Division Commander and Professional Standards Division Captain will meet monthly to review criminal investigations of Bureau members.
8. Criminal Investigation Supervision and Coordination:
8.1. The Assistant Chief of Investigations will determine what division will be responsible for the criminal investigation of any Bureau employee providing the alleged criminal incident occurred in The City of Portland.
8.2. The Assistant Chief of Investigations or designee along with the Professional Standards Division Captain will discuss the commencement and ongoing coordination of criminal and administrative investigations.
9. Outside Jurisdiction:
9.1. If it is determined that the alleged criminal conduct occurred in a jurisdiction other than the City of Portland, the Professional Standards Division Captain will be responsible for establishing a liaison with the other jurisdiction to monitor the progress of the investigation and court action.
9.2. The Professional Standards Division Captain will notify the Assistant Chief of Investigations of all outside criminal investigations.
10. Police Bureau Investigations:
10.1. The assigned Responsibility Unit Manager will:
10.1.1. Obtain, or cause to be obtained, a confidential Police Bureau case number from the Records Division Manager or the numbering desk in the event of the Manager’s absence. To aid in tracking the case, minimal information (i.e., name, date) should be given to the Records Manager (not to the numbering desk).
10.1.2. Contact the District Attorney’s Office or other appropriate prosecutorial agency for assignment of a Deputy District Attorney or prosecutor to the investigation.
10.1.3. Assign appropriate criminal investigators to the case.
10.1.4. Contact the Professional Standards Division and provide the case number, complainant’s name, subject member’s name, name of investigators, and a summary of each allegation.
10.1.5. Ensure the original case reports are delivered to the Records Manager after the investigation is completed.
11. Investigation Supervisor’s Responsibilities:
11.1. The investigator’s supervisor will:
11.1.1. Meet with the assigned Deputy District Attorney and criminal investigators to determine the investigative process and to coordinate investigative and judicial proceedings.
11.1.2. Supervise the assigned investigators and review investigative reports. Upon approval of the report, the supervisor will forward copies of all reports to the Professional Standards Division Captain.
11.1.3. Expedite the investigation.
11.1.4. Provide the Professional Standards Division with a monthly status of the case (i.e., ongoing interviews, reports written, awaiting evidence, interviews or discussions with District Attorney’s Office, etc.).
11.1.5. Provide a complete copy of the case file through channels to the Assistant Chief of Investigations and Professional Standards Division.
12. Professional Standards Division Manager Responsibilities:
12.1. To ensure that all Criminal Internal cases are tracked and completed, the Professional Standards Division Captain will:
12.1.1. Maintain a Criminal Internal database that includes case number, complainant’s name, subject member’s name, name of investigators, case status, allegation summaries, and the date investigations open and close.
12.1.2. Meet with a representative of Independent Police Review Division monthly to reconcile databases.
13. Concurrent criminal and administrative investigations:
13.1. An administrative investigation into allegations of misconduct may be conducted at the same time as the criminal investigation as long as it has been determined that in doing so it will not compromise the criminal investigation. For cases in which it has been determined that an administrative investigation will begin while there is an ongoing criminal investigation, the following procedures shall apply:
13.1.1. A clear line of separation shall be maintained between those individuals responsible for the criminal process and those responsible for the administrative process.
13.1.2. 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.
13.1.3. All information developed in the criminal investigation will be forwarded to the Professional Standards Division as it is developed.
13.1.4. The Professional Standards Division Captain 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.
13.1.5. No one from the Investigations Branch, including the Assistant Chief of Investigations, will participate in or attend any Police Review Board proceeding associated with the case.
13.1.6. The Assistant Chief of Services or designee will review the administrative investigation and make findings recommendations to the Police Review Board.
13.1.7. Administrative staff authorized to conduct work on the case will be strictly limited to those individuals necessary to conduct the work.
13.1.8. At the outset of the administrative investigation, the Chief of Police and the Professional Standards Division Captain 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.
14. For a case in which a criminal investigation is being conducted by another agency, the following procedure shall apply:
14.1. The Professional Standards Division Captain or designee will act as a liaison between the Police Bureau and the agency conducting the criminal investigation and any prosecutorial agency.
14.2. The Professional Standards Division Captain 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.
14.3. The Professional Standards Division Captain 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.
15. Responsibility, Accountability, and Control:
15.1. Responsibility Unit 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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