Citizen Complaint Intake and Investigation Issues

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Citizen Complaint Intake and Investigation Issues

• R.C.P.I./ New England
• Section 4

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Participant Outcomes

• Identify the value and need for open citizen
  complaint intake and investigation processes
• Acquire knowledge about citizen complaint
  acceptance methods
• Discuss a framework designed to help you assess
  the citizen complaint intake process model
  specific to your department
• Discuss ways to use the sample process as a tool
  for reviewing and strengthening your departments
  approach to the citizen complaint intake and
  investigation process.
• Look at the complaint intake and investigation
  process as a leading indicator of your
  departments commitment to the highest standards
  of ethics and integrity

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Agenda
4
Mail Phone In-person By proxy E-mail Media Anonymo
us
External Intake
Internal Intake
Key Events Decision
Points Next Action Possible
Actions
Complaint Registered
Screen (Complaint Category)
Complaint Documented and Filed
C I V I L I A N R E V I E W
Administrative Complaint
Criminal Complaint
?R.C.P.I./New England and the Boston Management
Consortium
Complainant Notification (case is being
investigated)
Criminal Investigation
Administrative Investigation (Fact Gathering and
Reporting)
Administrative Process
Prosecution
No Action
An Administrative Investigation follows
completion of criminal process in some
departments in others, the administrative
investigation is a parallel process.
Administrative Adjudication
Dispositions - Exonerated - Unfounded - Not
Sustained
Dispositions - Exonerated - Unfounded - Not
Sustained
Finding of Fact
Hearing
Department Action
- Sustained
Sustained
Complainant Notification (investigation has
concluded and outcome specified)
CITIZEN COMPLAINT INVESTIGATION ISSUES A
Sample Process
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Open Citizen Complaint Model

• Community and agency members have a readily
  accessible process in which they can file
  complaints and that these complaints will be
  given fair and prompt attention.

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Corruption

• An act done with an intent to give some advantage
  inconsistent with official duty and the rights of
  others. The act of an official or fiduciary
  person who unlawfully and wrongfully uses his
  station or character to procure some benefit for
  himself or for another person, contrary to duty
  and the rights of others.
• Note, that these acts also violate department
  rules and regulations
• (Blacks Law Dictionary 5th Ed.)

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Administrative Misconduct 

• A transgression of some established and definite
  rule of action, a forbidden act, a dereliction
  from duty, unlawful behavior, willful in
  character improper or wrong behavior.
• (Blacks Law Dictionary 5th Ed.)

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Malfeasance

• Comprehensive term including any wrongful conduct
  that affects, interrupts or interferes with the
  performance of office duties. Malfeasance is a
  wrongful act which the actor has no legal right
  to do, or any wrongful conduct which affects,
  interrupts, or interferes with the performance of
  official duties.
• (Blacks Law Dictionary 5th Ed.)

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Misfeasance

• The improper performance of some act which a many
  may lawfully do. Misfeasance P is the improper
  doing of any act which a person might lawfully
  do.
• (Blacks Law Dictionary 5th Ed.)

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Nonfeasance

• Nonperformance of some act which ought to be
  performed, omission to perform a required duty at
  all or total neglect of duty.
• (Blacks Law Dictionary 5th Ed.)

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Critical Organizational Attitudes

• Important to deal with issues, not sweep them
  under the rug.
• Hiding issues raised by citizen complaints may be
  a momentary fix.
• There may be an unwillingness to deal with
  complex issues raised.
• Dealing with complaints locally may exacerbate
  the problem.
• Citizen complaints form an integral part of an
  Early Warning or Early Identification and
  Intervention System.

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Complaint Documentation

• Key Points to Keep in Mind
• The greatest failure of police departments IA
  process leading to civil litigation and pattern
  and practice lawsuits has been a result of a
  flawed complaint reception process.
• Careful documentation and tracking are needed in
  case of any further issues regarding this
  complaint.
• Review of the actions of local supervisors by
  others (senior commanders, Internal Affairs
  officers, etc.) can help to assure that the
  proper action was taken.
• Review of these cases helps organizations
  identify patterns of officer misconduct and/or
  proper supervisory oversight.

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Sustained

• Sufficient evidence supports the complainants
  allegations and the offending officer is subject
  to administrative action. Formal counseling/and
  or training as opposed to discipline might be
  appropriate in some cases.
• The officer is then subject to administrative
  action based on department rules and procedures,
  union bargaining agreements, state statutes, etc.
• Some departments (Baltimore county for example)
  use a formula or matrix to determine the
  appropriate punishment or response to the
  officers actions.
• The stand being used is a preponderance of
  evidence (vs. clear and convincing and beyond a
  reasonable doubt).
• See Resource Section 7

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Exonerated

• Action complained of did occur however, action
  was reasonable, proper and legal.
• Community members may have difficulty
  understanding the basis for this kind of finding.
• In these instances effective and open
  communication with the citizen(s) may prove
  helpful to building trust.
• It may also be the case that while the officers
  behavior may have been legal and even proper,
  some assistance or coaching of the officer might
  help him/her to see other alternatives to his/her
  actions.
• The officer might be helped to find ways of
  carrying out his/her actions that cause less
  difficulty with citizens.
• Some specific training might be helpful.

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Unfounded

• Investigation reveals action complained of did
  not occur.
• Department investigators will need to assure the
  public that they have made a real and sincere
  effort to investigate the complaint and that they
  are not sweeping things under the rug.
• It is particularly important in these incidents
  to make every effort to locate any witnesses in a
  timely manner.
• While it may be in the officers or the
  departments short term interests to determine
  that actions never occurred, the department will
  lose credibility if this occurs without a
  thorough, complete and timely investigation.
• Several recent Department of Justice Patterns and
  Practices actions have been founded in part on
  determining that police departments dont make
  sincere efforts to investigate citizen complaints
  and that a large majority are determined to be
  unfounded.
• The key here is that the investigation has proven
  the allegation is false. While 60-70 of cases
  are not-sustained, only 5 are unfounded on
  national average because it is extremely
  difficult to prove that the allegation is false.

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Not Sustained

• Investigation failed to prove or disprove
  allegations.
• This is a finding that leaves the situation in
  a kind of limbo
• It may be that there is not enough evidence to go
  forward.
• This is a finding that is often a source of
  conflict between police and community.

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Questions to Consider

• Are our citizen complaint policies with mission,
  vision, value statements, and stated or enacted
  community policing approach?
• Is my agencys organizational culture one which
  perpetuates an us vs. them, police vs.
  community attitude?
• Where are the best leverage points changes that
  will have the biggest impact make the biggest
  difference?
• To the community
• To officers in the department
• What are the areas or processes that I can
  control, influence or change?
• What are some quick wins that will get the
  changes I see as necessary off to a positive
  start?
• What actions can I take that will improve
  communications internally and externally?