52.1.1 A written directive requires all complaints against the agency or its employees be investigated, and specifies:

Commentary: The intent of this standard is to provide guidelines regarding which categories of complaints are to be handled by the internal affairs function and which as part of routine discipline. The criteria for determining the categories of complaints to be referred to the internal affairs function may include allegations of corruption, brutality, misuse of force, breach of civil rights, and criminal misconduct. Criteria for assignment of the investigation of the complaint to line supervisors may include, for example, alleged rudeness on the part of the officer, tardiness, or insubordination.

(M M M M)

52.1.2 A written directive specifies that the position responsible for the internal affairs function has the authority to report directly to the agency’s chief executive officer.

Commentary: The sensitivity and impact of internal affairs matters on the direction and control of an agency require that the agency’s chief executive officer receive all pertinent information directly.

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52.1.3 A written directive specifies the procedures for notifying the agency’s chief executive officer of complaints against the agency or its employees.

Commentary: The directive should specify the nature of those complaints that should be brought immediately to the attention of the agency’s chief executive officer and those that can be postponed to a later time.

(O O O O)

52.1.4 A written directive specifies a time limit for completing an internal affairs investigation, with provisions for extensions.

Commentary: None.

(M M M M)

52.1.5 The agency keeps the complainant informed concerning the status of a complaint, to include at a minimum:

Commentary: The verification, usually in the form of a receipt, furnished to persons initiating complaints alleging misconduct on the part of the agency or an agency employee may contain a description of the investigative process. The status of investigations should be communicated to the complainant, although the degree of specificity of the notice is left to the discretion of the agency. This standard does not apply to anonymous complaints.

52.1.6 When employees are notified that they have become the subject of an internal affairs investigation, the agency issues the employee a written statement of the allegations and the employee’s rights and responsibilities relative to the investigation.

Commentary: None.

(M M M M)

52.1.7 A written directive specifies the conditions, if any, during an internal affairs investigation, when:

Commentary: The written directive should be based on the legal requirements in the jurisdiction, case law, and precedent and should be consistent with other administrative decisions. An employee may be required to submit to a medical or laboratory examination, at the agency’s expense, when the examination is specifically directed and narrowly related to a particular internal affairs investigation being conducted by the agency. An example is the use of this process in determining drug use by employees. An employee may also be required to be photographed, to participate in a line-up and/or submit to a financial disclosure statement when the actions are material to a particular internal affairs investigation being conducted by the agency.

52.1.8 A written directive specifies the circumstances in which an employee may be relieved from duty.

Commentary: The written directive should be supported by other documents establishing the powers and authority of the office of the chief executive. The relief from duty may be a temporary administrative action pertaining to an employee’s physical or psychological fitness for duty or an action pending disposition of an internal affairs investigation. The authority to relieve an officer from duty should extend to supervisory levels.

(O O O O)

52.1.9 A written directive requires a "conclusion of fact" for each investigation into allegation of misconduct.

Commentary: The conclusion of the disciplinary process should be structured and should provide information to all participants in the process. The agency needs to be aware of changes in policies, procedures, rules, and regulations that may prevent future allegations of misconduct, as well as the need to modify or expand training.

(O O O O)

52.1.10 A written directive requires the agency to maintain a record of all complaints against the agency or employees and to protect the confidentiality of these records by maintaining them in a secure area.

Commentary: The confidentiality of internal affairs records is important, and proper security precautions should be taken. This records activity is a task of the internal affairs function and is an exception to the personnel records or centralized records systems.

52.1.11 The agency compiles annual statistical summaries, based upon records of internal affairs investigations, which are made available to the public and agency employees.

Commentary: None.

(O O O O)

52.1.12 The agency makes available information to the public on procedures to be followed in registering complaints against the agency or its employees.

Commentary: Procedures for registering complaints should be made available to the community through the media or the agency’s community relations programs. This information should also be disseminated to all agency employees.