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Atlanta Police Department

Office of Professional Standards

 

 

 

 

 

 

 

 

 

Section Command

Memorandum

 

Effective Date

April 1, 2009

 

 

APD.CM.09.10

Deactivating OPS Complaint Files

Applicable To: All OPS employees

Approval Authority:  Major L. A. Hagin

Signature:  Signed by LAH

Date Signed:  3/27/09

 

       

1.               PURPOSE

 

The intent of this directive is to develop guidelines for deactivating internal investigations conducted by the Office of Professional Standards (OPS).

 

2.               POLICY

 

The Atlanta Police Department will provide thorough, impartial investigations of all allegations of employee misconduct and impose appropriate disciplinary actions for all sustained employee work rule or City ordinance violations.  In circumstances that require a delay in investigation, OPS will monitor the investigation and act in the best interests of the Department and/or the accused employee to insure that the investigation is not delayed without cause.

 

3.               RESPONSIBILITIES

 

3.1              The commander of the Office of Professional Standards acts on behalf of the Chief by coordinating and monitoring the receipt of complaints, complaint investigations, and the imposition of discipline throughout the Department. 

 

3.2              The commander of the Office of Professional Standards or his or her designee will make the determination whether a file is to be deactivated.

 

3.3              The investigating supervisor or investigator will refer cases for deactivation to the OPS commander.  The investigating supervisor or investigator will also track the progress of the case to determine if and when reactivation is appropriate.

 

3.4              The Records & Archives Office is responsible for tracking OPS complaint files.

 

4.               ACTION

 

4.1              Deactivation Authority

 

4.1.1           The OPS commander or his or her designee may deactivate an internal investigative file upon becoming aware of the initiation of an investigation of the incident in question by any entity external to OPS.

 

4.1.2           If during the course of the investigation the investigating supervisor or investigator becomes aware of circumstances that do not allow the continuation of the investigation, that supervisor or investigator will notify the OPS commander in writing.

 

4.1.3           No internal investigation will be deactivated without the written approval of the OPS commander or his or her designee.

 

4.1.4           The Records & Archives Office will be notified by the investigating supervisor or investigator when a case has been deactivated.

 

4.2              Circumstances that may lead deactivating an OPS investigation include, but are not limited to:

 

1.    The accused employee is on inactive status;

 

2.    Pending court adjudication;

 

3.    Pending investigation by an outside agency or other entity external to OPS;

 

4.    For other reasons in the best interests of the employee and/or the Department.

 

4.3              Prior to deactivating a file, the investigating supervisor or investigator will gather sufficient information and documents to allow for an informed decision regarding emergency disciplinary action and interim action.

 

4.4              Reactivation of files

 

4.4.1           Deactivated files will be monitored on a monthly basis to determine if the circumstances that led to deactivation still exist.

 

4.4.2           When the investigating supervisor or investigator determines that these circumstances no longer exist, they will reactivate the file and notify the OPS commander in writing.

 

4.4.3           Cases initially deactivated by the OPS commander can only be reactivated upon the approval of the OPS commander.

 

4.4.4           The Records & Archives Office will be notified by the investigating supervisor or investigator when a case has been reactivated.

 

5.               DEFINITIONS

 

5.1              Deactivated File:  An inactive administrative complaint investigation; a classification given a file when circumstances require a delay in the completion of the investigation.  The case is not “closed,” and the investigation will be reactivated when circumstances permit.

 

6.               CANCELLATIONS

 

                  N/A

 

7.               REFERENCES

 

                  APD.SOP.2020 “Disciplinary Process”

 

                  APD.CM.05.24 “OPS Complaint File Tracking System”