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Applicable To: All employees |
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Approval Authority: Major W. Harris |
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Signature: Signed by WH |
Date Signed: 10/5/2005 |
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To generate, track, maintain and secure a confidential record of each OPS complaint file by an assigned control number, and gather information contained from the OPS complaint files and other sources for statistical purposes.
2.1 The I/A Pro database shall be used for tracking information gathered from OPS complaint files and other sources, by the assigned OPS control number.
2.2 The computerized database shall be maintained on a separate independent network server. The data shall be backed up weekly on a compact disc ‘rewritable’ and stored in the fireproof safe housed in OPS for safekeeping.
2.3 The master copy of all open and closed OPS complaint files assigned to OPS and Command for the current year shall be secured in the file cabinets located in the Records & Archives office.
2.4 The master copy of all open OPS and Command investigative complaint files, carried over from any previous year, and is still open for investigation shall also remain in the Records & Archives office until the file is closed out and stored in a separate secured designated storage area.
2.5 At the end of each current year, the master copy of all closed OPS investigative complaint files assigned to OPS and Command shall be removed from the Records & Archives office and secured in the file cabinets located in a separate designated secured storage area.
2.6 All closed OPS investigative complaint files assigned to OPS and Command which are closed five (5) years previous to the current year shall be secured in the file cabinets located in a separate designated secured storage area.
2.7 All closed OPS investigative complaint files assigned to OPS and Command which are housed in the separate designated secured storage area, which revert to the sixth (6th) previous year shall be boxed for storage. The boxed files shall be transported to the Office of the Mayor, Department of General Services, Records Management located on the 3rd floor of City Hall East. The originals are stored at this location for safekeeping. A copy of the file is placed on microfiche and forwarded to OPS. The microfiche is housed in a file cabinet located in the Advocacy office.
3.1 The Records & Archives office shall be responsible for the safekeeping and management of the I/A Pro database and the master copy of all OPS investigative complaint files assigned to OPS and Command.
3.2 The Records & Archives office shall maintain a master copy of all OPS and Command Investigative complaint files and Employee Disciplinary History jackets which shall be secured and stored separate from other OPS Personnel, Early Warning and Fitness For Duty files.
3.3 The Records and Archives office shall be responsible for maintaining a manual and computerized log of all OPS control numbers which shall be used to track information gathered from the files and other sources, for use in generating various statistical reports, files and information. (i.e., employee disciplinary histories, early warning, inactive files, delinquent files, etc.)
3.4 The Records and Archives office shall be responsible for compiling, entering and tracking information gathered from all OPS Complaint files, and other information sources, by the assigned OPS control number which may be cross-referenced by the name of the accused employee, citizen’s name, date investigation was received, and by searching a portion of the narrative used to describe the incident.
4.1 If a complainant is prepared to make a sworn statement and insists on filing a complaint, the OPS investigator will document the complaint, as required and place a copy in the Records & Archives office in-basket for review. 4.2 Complaints received anonymously by mail, telephone or the walk-in refuses to identify himself/herself will be evaluated and processed in the same manner as other complaints, as outlined in Section 3 of the Disciplinary Manual, entitled, Complaint Procedures and in keeping with other Department policies and procedures.
4.3 A complainant’s refusal to cooperate with an administrative investigation does not automatically preclude OPS from investigating the allegations. In such cases the OPS Commander will determine if an investigation is warranted.
4.4 Records & Archives will record on the Preliminary Complaint Report allegations of employee work rule violations and an OPS control number.
4.5 Records & Archives shall generate a Master and Working file, which shall contain a completed Preliminary Complaint Report, statements, incident reports, or other evidence relevant to the allegation(s).
4.6 Generally, OPS will investigate a Priority I complaint, and a supervisor in the employee’s chain of command will investigate a Priority II complaint. However, the OPS Commander may reassign an investigation to an employee’s supervisor or the Office of Professional Standards.
4.7 Records & Archives shall maintain a Master copy of all OPS and Command files that are still open for investigation in the file room located on the first floor.
4.8 Records & Archives shall forward a copy of the Working file to Command or the respective lieutenant assigned to the OPS Corruption or Internal Affairs Units who will assign the Working file to an investigator under his/her command for investigation.
4.9 The OPS investigator is responsible for ensuring copies of all documents contained in the Working file are included in the Master file secured in the Records & Archives office, at the time the documents are generated or received. Generally, the original and its copy are contained in the respective Master and Working files, as required.
4.10 Upon completion of the investigation, the OPS Corruption or Internal Affairs investigator will forward the Working file to the Records & Archives office where the file is logged in and forwarded to the investigator’s Internal Affairs or Corruption Unit Commander.
4.11 The Corruption or Internal Affairs Unit Commander will review each file to ensure a thorough investigation was conducted. If the Unit Commander determines there is no further investigation or corrective actions needed, he/she will provide a written summary of his/her findings concerning the recommended investigative disposition of any alleged work rule violations, proactive corrective actions, etc., and return the file to the Records & Archives office. The Records & Archives office will logout the file to the OPS Commander for review. If additional investigation or corrective actions are needed, the Unit Commander shall return the file to the Records & Archives office where the file is logged back to the initial investigator. Upon completion of the additional investigation or corrections, the initial investigator will return the file back to the Records & Archives office. The file is logged out back to the applicable Internal Affairs or Corruption Unit Commander for review. The Unit Commander will then forward the file to the Records & Archives office where the file is logged to the OPS Commander.
4.12 The designated OPS civilian support staff is responsible for using the OPS date stamp to document the date Command files are received in OPS. The incoming Command files are then forwarded to the Records & Archives office where it is logged in and forwarded to the Administrative lieutenant.
4.13 The Administrative lieutenant will review each Command file to ensure a thorough investigation was conducted. If the Administrative lieutenant determines there are no corrections or further investigation needed, he/she will provide a written summary of his/her findings concerning Commands’ recommended investigative disposition of any alleged work rule violations, training needs, etc., and return the file to the Records & Archives Unit. The Records & Archives office will then logout the file to the OPS Commander. If additional investigation or corrective actions are needed, the Administrative lieutenant will include a memorandum to Command regarding this matter and return the file to the Records & Archives office. The Records & Archives office will logout the file and forward it through the investigating supervisor’s chain of command.
4.14 The OPS Commander will review all completed OPS and Command investigative complaint files to ensure thorough investigations were conducted. The OPS Commander will sign, date, provide any comments, and check the appropriate block indicating whether the investigation is approved or disapproved. The files are then tracked as follows:
4.14.1 If the investigation is approved by the OPS Commander, but does not include sustained charges, it is forwarded to the Records & Archives office for logout to the appropriate OPS Unit Commander who shall complete a Closeout Report and forward the file back to the Records & Archives office. The Records & Archives office shall logout the file to the OPS Commander’s secretary. The secretary shall forward letters to the complainant(s) and accused employees documenting the investigative findings, and include a copy of the letter(s) in the file. The secretary will then forward the file to the Records & Archives office where information documented on the Closeout Report is entered into the computer for closeout. The closed file is housed in the appropriate location based upon the year the investigation was received.
4.14.2 If the investigation is approved by the OPS Commander and involves recommended sustained disciplinary action, the file is forwarded to the Records & Archives office. The contents of the Working file is removed and placed in an Advocacy folder. A Discipline Work Sheet and memorandum requesting Command’s review and completion of all sections of the Employee Discipline Worksheet is included both the Advocacy and Master file folders. The file is then logged out and forwarded through the accused employee’s chain of command for recommended disciplinary action. If Command does not concur with the recommended sustained charge(s), the file is forwarded through its chain of command to OPS. Upon receipt of the file, the file is date stamped and forwarded to the Records & Archives office. The Records & Archives office will logout and forwarded the file to the OPS Commander for review. The file is then forwarded to the Records & Archives office and logged out to the appropriate Unit Commander or the Administrative lieutenant. The Administrative lieutenant or Unit Commander will complete a Closeout Report documenting the modified action, special conditions and/or agreement and forward the file to the Records & Archives office. The Records & Archives office will logout the file to the OPS Commander’s secretary. The secretary shall forward letters to the complainant(s) and accused employees documenting the investigative findings, include a copy of the letter(s) in the file. When applicable, the secretary will also forward additional file copies of all completed administrative OPS investigative files which involve Police Involved Shootings or recommended training to the Atlanta Police Training Academy. The secretary shall also forward a separate copy of all Police Involved Shooting files to the Civilian Review Board. The file is then forwarded back to the Records & Archives office for closeout as outlined.
4.14.3 If Command concurs with the sustained charges, and recommends adverse disciplinary action, the incoming file is forwarded to the OPS Commander for review. The file is then forwarded back to the Records & Archives office where it is logged out to Advocacy and formal charges are written. OPS Advocacy will assist disciplinary authorities in preparing the Notice of Proposed Adverse Action (NPAA) and the Notice of Final Adverse Action (NFAA). Generally, if the employee’s proposed adverse charges involve up to and including (15) days of suspension, the file is forwarded to the Records & Archives office, logged out and forwarded to the employee’s Division Commander where the administrative Disciplinary Action Session (D.A.S.) employee response session is conducted. If the employee’s proposed adverse charges involve (16) or more days of suspension, demotion or dismissal. Advocacy will represent the Department during the administrative D.A.S. employee response session before the Chief of Police or Assistant Chief of Police Chief.
4.14.4 If Command concurs with the recommended sustained charges, but recommends non-adverse disciplinary action and/or proactive corrective action, Command will document and/or administer the recommended action and forward the file through their chain of command to OPS. The file will be tracked for Closeout as outlined.
4.15 A recommendation to sustain charges must be approved by the appropriate disciplinary authority or the Chief of Police.
4.16 The OPS Commander does not have the authority to change the level of discipline determined by the disciplinary authority.
4.17 The Chief of Police retains the authority to review, revoke, or modify any disciplinary actions taken by any supervisor in the Department. The Chief shall execute any such revocation or modification in writing.
5.1 Advocacy File: A Sustained open OPS administrative investigative file pending documentation of formal administrative charges that will likely result in adverse action. Advocacy files are generally contained in green folders.
5.2 Master File: An OPS administrative complaint file assigned to OPS or Command for investigation. Master files are contained in blue folders, maintained by the Records & Archives Unit. Master files are generally contained in blue folders.
5.3 Working File: An open OPS administrative complaint file assigned to OPS or Command for investigation. Working files are contained in brown folders, maintained by the assigned investigator.
5.4 I/A Pro Database: A proprietary password protected software package which encodes the server data in a manner which prohibits viewing the encoded data using any other software package. To ensure the security of the data stored on the I/A Pro server, the data cannot be accessed without user issued password. Each authorized user is issued a permission level.
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APD.SOP.2020 Disciplinary Process
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