0333.00 Criminal Investigations of Police Bureau Employees and Other Law Enforcement Agency Sworn Employees
333.00, Criminal Investigations of Police Bureau Employees and Other Law Enforcement Agency Sworn Employees
- DIR 210.21, Leaves from Service
- DIR 315.00, Laws, Rules and Orders
- DIR 330.00, Internal Affairs, Complaint Intake, and Processing
- DIR 332.00, Administrative Investigations
- DIR 1010.10, Deadly Force and In-Custody Death Reporting and Investigation Procedures
- Detective Division Standard Operation Procedure 39, Criminal Internal Investigations
- Criminal Investigation: A complete investigation into allegations of criminal conduct by a member, conducted by or at the direction of the Investigations Branch.
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 concurrently with any administrative investigation involving the same event without undue delay and in a manner consistent with the highest standards of objectivity and professionalism.
2. Bureau members subject to a criminal investigation will be afforded rights guaranteed under the United States and State of Oregon Constitutions throughout the investigation.
3. Investigations of deadly force or in-custody deaths are governed by Directive 1010.10, Deadly Force and In-Custody Death Reporting and Investigation Procedures.
- Member Responsibilities.
1.1. Any member who receives a complaint of criminal conduct by another member or has knowledge of any criminal conduct by a member, or has knowledge of any criminal investigation of a member, shall immediately notify their Shift Supervisor or any of the following:
1.1.1. Reporting member’s Responsibility Unit Manager.
1.1.2. Any Assistant Chief (AC).
1.1.3. IA Captain.
1.1.4. Independent Police Review (IPR)
1.2. Any member in a supervisory or higher position listed above shall forward the complaint to the Detective Division Commander.
1.3. Any member who observes criminal conduct by another member has a duty to reasonably intervene if safe and feasible. Members shall immediately notify their supervisor or any individual listed above.
1.4. Any member who is arrested, charged, or becomes aware that they are the subject of a criminal investigation shall ensure that their direct supervisor or, if unavailable, an on-duty supervisor is notified as soon as practical, but no later than 24 hours. The appropriate supervisor shall notify, through channels, the Assistant Chief of Investigations.
1.5. Any member who receives a complaint of criminal conduct against a sworn law enforcement employee from another agency or has knowledge of any criminal conduct by a sworn law enforcement employee from another agency, shall notify their immediate supervisor as soon as practical. The immediate supervisor shall notify the Professional Standards Division Commander as soon as practical. The PSD Commander shall determine what additional steps are necessary (e.g., notification to the head of the other law enforcement agency, assignment of detectives if the alleged criminal conduct occurred in Portland).
2. Detective Division Commander Responsibilities.
2.1. Brief the AC of Investigations within 24 hours of receipt of complaint for determination of investigative unit assignment.
2.2. Notify the IA Captain or designee within 24 hours.
2.3. Conduct monthly meetings with IA to provide IA information concerning criminal investigations, as well as provide the IA Captain with a status of the case (i.e., ongoing interviews, reports written, awaiting evidence, interviews or discussions with District Attorney’s Office, etc.).
2.4. Ensure the original case reports are delivered to the AC of Investigation and IA Captain when the investigation is complete.
2.5. Act in accordance with the Detective Division’s Standard Operating Procedure (SOP) 39, Criminal Internal Investigations.
3. AC of Investigations Responsibilities.
3.1. Ensure the Chief is informed at the outset of the criminal investigation and provide updates on active criminal investigations.
3.2. Notify the IA Captain or designee and the Detective Division Commander of any member who is arrested or charged in a criminal investigation.
3.3. Determine what investigative unit shall be responsible for the criminal investigation of any Bureau employee providing the alleged criminal incident occurred in the City of Portland.
4.1. For alleged criminal actions by Bureau members occurring within the city of Portland, the Chief or designee may request an outside law enforcement or prosecutorial agency to conduct the criminal investigation concurrent with the administrative investigation conducted by PPB.
4.2. Internal Assignment.
4.2.1. The assigned investigative unit supervisor shall:
220.127.116.11. Assign appropriate criminal investigators to the case.
18.104.22.168.1. In making the assignment, the supervisor shall avoid any real or perceived bias or conflict of interest, as well as consider investigative expertise and resource availability.
22.214.171.124. Contact IA and provide the case number, complainant’s name, subject member’s name, name of investigators, and a summary of each allegation.
4.3. Preliminary Investigations.
4.3.1. Investigators shall conduct a preliminary investigation and brief the Detective Division Commander or designee who shall determine the appropriate investigative strategy.
126.96.36.199. If the investigation indicates the complaint is without merit, the investigator shall submit a confidential memorandum, through channels, to the AC of Investigations, detailing specific, articulable facts to close the case.
188.8.131.52.1. The Detective Division will create a case number for intakes of this nature.
184.108.40.206. If the preliminary investigation indicates the need for further inquiry, the investigator shall:
220.127.116.11.1. Comport with the terms of applicable collective bargaining agreements when questioning Bureau members during a criminal investigation.
18.104.22.168.2. Obtain, or cause to be obtained, a privatized and confidential Police Bureau case number from the Records Division Supervisor or via direct entry. If the case number is obtained by direct entry, then the investigator shall provide the case number to the Records Division Supervisor within 72 hours.
22.214.171.124.3. Contact the District Attorney’s Office or other appropriate prosecutorial agency for assignment of a Deputy District Attorney or prosecutor to the investigation to coordinate investigative and judicial proceedings.
126.96.36.199.4. The investigator shall conduct a complete and thorough investigation.
4.4. Investigation Completion.
4.4.1. The Detective Division Commander or designee shall send the final case file to the IA Captain.
4.4.2. IA shall archive all criminal investigation case files.
5. IA Captain Responsibilities.
5.1. To ensure that concurrent administrative investigations of all cases involving criminal investigations of Bureau members are tracked and completed, the IA Captain shall:
5.1.1. 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 opening and closure dates of investigations.
5.1.2. Meet monthly with IPR and the AC of Investigations or designee to discuss the commencement and ongoing coordination of criminal and administrative investigations, but shielding all IA Garrity-protected administrative investigative material from disclosure.
5.1.3. Act in accordance with Directive 330.00, Internal Affairs, Complaint Intake, and Processing, and investigate in accordance with Directive 332.00, Administrative Investigations, upon receipt of a complaint of criminal conduct.
5.1.4. Document delays due to protection of the integrity of the criminal investigation.
6. Concurrent criminal and administrative investigations.
6.1. An administrative investigation into allegations of misconduct shall be conducted at the same time as the criminal investigation so long as it does not compromise the criminal investigation. In these situations, the following procedures will apply:
6.1.1. A clear line of separation shall be maintained between those individuals responsible for the criminal process and those responsible for the administrative process.
6.1.2. No information from a Garrity-protected administrative interview or any information derived from the Garrity-protected interview shall be shared with the District Attorney’s (or other prosecutor’s) Office or anyone involved in the criminal investigation.
6.1.3. All information developed in the criminal investigation shall be forwarded to IA.
6.1.4. The IA Captain shall 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.
6.1.5. If the criminal investigation is ongoing, no one from the Investigations Branch, including the AC of Investigations, shall review findings and/or participate in or attend any Police Review Board proceeding associated with the case.
6.1.6. Administrative staff authorized to conduct work on the case shall be limited strictly to those individuals necessary to conduct the work.
6.1.7. If necessary at the outset of the administrative investigation, the Chief and IA Captain shall 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.
7. Outside Jurisdiction.
7.1. For a case in which a criminal investigation is being conducted by another agency, the following procedures shall apply:
7.1.1. The IA Captain or designee shall:
188.8.131.52. After receiving notification that an outside criminal investigation is being conducted, inform the AC of Investigations within 24 hours.
184.108.40.206. Act as the liaison with the other jurisdiction to monitor the progress of the investigation and court action if the alleged criminal conduct occurred outside the City of Portland boundaries.
220.127.116.11.1. The role of the liaison is to offer assistance and gather information without influencing the course of the investigation.
18.104.22.168. Coordinate investigative actions (such as interviews) with the agency conducting the investigation and/or the prosecutor so as to avoid jeopardizing the criminal case.
22.214.171.124. Ensure that no information from the administrative investigation is shared with anyone involved in the criminal investigation or prosecution.
- Originating Directive Date: 10/30/14
- Last Revision Signed: 03/26/20
- Effective Date: 04/25/20
- Next Review Date: 04/25/21