(A) Policy.
(1) A relationship of trust and confidence between Department members and the community they serve is essential for effective law enforcement. Law enforcement officers must be free to exercise their best judgment and to initiate enforcement action in a lawful and impartial manner without fear and reprisal. While at the same time, they must meticulously respect individual rights.
(2) This complaint procedure is intended to provide corrective action when a Department member conducts himself or herself improperly, and to protect him or her from unwarranted criticism when he or she discharges his or her duties properly.
(3) Any person who believes that a law enforcement act is improper is encouraged to bring the complaint to the Department’s attention.
(4) The Department will make every effort to ensure that no adverse consequences occur to any person or witness who brought a complaint or provided information in any investigation of a complaint.
(5) Complaints shall be handled in a prompt, just, open and expeditious manner in accordance with these procedures. Summaries of the complaint process and copies of these procedures shall be made available to the public upon request.
(B) Definition of terms. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF. The Chief of Police or the City Attorney when a complaint is made against the Police Chief.
COMPLAINANT. The person or group who files a complaint with the Department alleging misconduct by a member(s) or the Department supervisor who accepts believable facts relating to alleged misconduct by a member from a anonymous person.
COMPLAINT. A statement that is made to a Department supervisor in writing, in person or by phone which allege misconduct.
EXONERATED. A fair preponderance of the evidence established either that:
(a) The act, or acts, complained of did not occur;
(b) The member(s) named in the complaint were not involved in the alleged misconduct;
(c) The act(s) which provided the basis for the complaint occurred; however, the investigation reveals that such act(s) were justified, lawful and proper; or
(d) Such act(s) do not adversely reflect upon the Department or the member’s ability to perform his or her duties within the Department.
INFRACTION. Violation of any Department policy and procedure defining transgressions that are not major violations.
MAJOR VIOLATION.
(a) Any criminal offense;
(b) The use of unnecessary or excessive force;
(c) Abuse of authority;
(d) Conduct which violates a person’s civil rights;
(e) Abusive or insulting language or conduct that is derogatory of a person’s race, religion, sex, national origin or sexual preference; and
(f) Intimidation of or recrimination toward a complaint or witness involved in any complaint proceeding.
MEMBER. All peace officers and civilian department employees whether full-time, part-time or temporary.
MISCONDUCT. Any infraction or major violation committed by a member that adversely reflects upon the department or the member’s ability to perform his or her duties within the department.
NOT SUSTAINED. The investigation failed to disclose sufficient evidence to prove or disprove the allegations(s) made in the complaint.
POLICY AND PROCEDURES. The city’s Police Department maintains an operations manual which addresses all of the policies and procedures regulating the conduct of its officers. This operations manual complies with all requirements mandated by the State Board of Peace Officer Standards and Training, and is incorporated herein by reference.
SUSTAINED. A fair preponderance of the evidence obtained in the investigation established that the accused member’s actions constituted misconduct.
(C) Procedure for initiating complaint.
(1) Anyone who is not a member and has personal knowledge of the facts giving rise to the complaint or has reliable hearsay information may file a complaint. Any department member who has personal knowledge of misconduct shall file a complaint according to these procedures.
(2) There shall be a Supervisor available at all times who is responsible for taking complaints. For all purposes herein, supervisor means Chief of Police or the City Attorney when a complaint is made against the Police Chief. Upon receiving any complaint, the Supervisor shall immediately initiate an informal investigation and assign a case file number. The complaint will not be considered filed until the complainant signs the complaint.
(3) If the person filing the complaint sets forth specific believable facts relating to the alleged misconduct and the person wishes to remain anonymous, the Supervisor receiving the information shall then become the complainant. If the Supervisor has reason to believe that the complaint is unfounded, the Supervisor shall have the authority to require the person to identify himself or herself. If the person refuses to do so, the Supervisor may refuse to initiate a complaint and shall advise the anonymous person of that fact.
(4) After a complaint is filed, the Supervisor shall sign the document, give or mail a copy to the complainant. The Chief will forward a copy of the document to the accused member. If the decision is exonerated or not sustained, the Chief shall immediately notify the complainant and the respondent of the decision.
(5) A complainant may be accompanied by an attorney or other appropriate representative at the time a complaint is filed or at any other stage of the process.
(D) Procedure for investigation of the complaint.
(1) Upon completion of the informal investigation, the Chief shall make an initial determination whether the facts alleged warrant a formal investigation. In making this determination, the Chief may meet informally with the complainant, accused member or any potential witness. if the Chief decides that an investigation is not warranted, the disposition of the complaint shall be either not sustained or exonerated. The complainant will be notified of this decision and the basis for determination. In addition, the accused member will be notified. If the complainant supplies additional information within 30 days of the determination, the Chief may reverse this decision.
(2) If the Chief determines that a formal investigation should be conducted, he or she shall begin to investigate the complaint immediately. The investigation may be assigned to an external agency where there is the potential for criminal charges resulting from the investigation or in any other situation where the Chief believes that an external investigation is appropriate. The Chief/investigator shall, as soon as possible after being assigned the investigation. Inform the complainant of his or her name, business phone number and the status of the complaint.
(3) The Chief/investigator shall thoroughly investigate all allegations contained in the complaint and any other potential misconduct discovered in the course of the investigation. If the investigation uncovers potential misconduct by another member, the investigator shall initiate a complaint against that member.
(4) All members, including the accused member, shall cooperate with the investigation. Failure to cooperate may be basis for disciplinary action.
(5) The Chief/investigator shall do a report that shall contain all relevant information, organized into the three following divisions.
(a) Allegations. This section consists of an itemized summary of the acts of misconduct alleged in the complaint. References shall be made to those rules. Procedures, orders, statutes or constitutional provisions that would be violated if the allegations are taken as true.
(b) Investigation. This section shall consist of a chronological summary of the investigation, including all pertinent facts obtained through interviews with the complainant, accused member(s) and all available witnesses. Written statements, description and analysis of any physical evidence and all other relevant information shall be included.
(c) Conclusion(s). This section shall include the Chief/investigators findings, conclusions as to whether any misconduct occurred, and the underlying reasons for the findings and conclusions. These conclusions shall not be binding on the Chief.
(6) (a) The investigation shall be concluded within 30 days of the filing of the complaint, unless for good cause an extension is granted by the Chief.
(b) The complainant shall be informed of any extension of time and the accused member shall also be informed if he or she was informed pursuant to division (C)(4) above.
(E) Investigation review and disposition.
(1) Upon completion of the investigation, the Chief/investigator shall submit his or her reports the case file and all investigative notes to the Chief.
(a) If the Chief determines the investigation was not adequate, he or she will reorder the investigation.
(b) If the Chief determines the investigation was adequate, the Chief shall make one of the following dispositions: exonerated; not sustained; or sustained.
(2) The Chief may withhold issuing a disposition until any related criminal charges are resolved. The complainant shall be informed of this decision and the accused shall also be informed if he or she was informed pursuant to division (C)(4) above.
(3) If the complaint is either exonerated or not sustained, the Chief shall immediately notify the complainant and the accused member of the disposition.
(5) This policy procedure shall not preclude other disciplinary procedures for misconduct not initiated by citizen complaint.
(6) Complainants shall be advised of the status of their complaints by mail in accordance herewith.
(F) Maintenance and disclosure of data.
(1) Disclosure to the complainant, accused member of the public of data collected, created, received or maintained in connection with this policy and procedure shall be governed by the state’s Government Data Practices Act, being M.S. Ch. 13, as it may be amended from time to time.
(2) All data collected, created or received by the department concerning this policy and procedure shall be maintained in accordance with the department’s retention schedule.
(3) The placement of the disposition report or other data in an employee’s personnel file shall be governed by applicable collective bargaining agreements and/or personnel policy.