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Anchorage Police Department Operational Procedures Regulations and Procedures Manual 2.04.000-005 Policy and Procedure Title Effective Date Internal Investigations 9/12/2016 Page 1of 18 Replaces Prior Policy: Approved by: Discipline Internal Investigations 11/03/2014 Chief Christopher Tolley This Policy is for departmental use only and does not apply in any criminal or civil proceeding. This Policy should not be construed as creation of a higher legal standard of safety or care in an evidentiary sense with respect to third party claims. Violations of this Policy will only form the basis for departmental administrative sanctions. Violations of law will form the basis for civil and criminal sanctions in a recognized judicial setting. 2.04.000 Discipline 2.04.005 Internal Investigations PURPOSE The purpose of this policy is to inform all employees of procedures for accepting, processing, and investigating complaints. POLICY The Anchorage Police Department’s public image can be strengthened by a professional response to allegations of misconduct against its employees. The establishment of procedures for the acceptance of complaints is crucial to demonstrate and protect APD’s integrity. This Department shall accept, and fairly and impartially investigate, all complaints or allegations of misconduct to determine their validity. The Department shall timely impose any disciplinary or non-disciplinary corrective actions that may be warranted. All complaints against the APD and/or employee conduct shall be accepted and documented regardless of whether the filed complaint is in writing, verbally in person, by mail, by telephone (or TDD), by facsimile or electronically or anonymously. DISCUSSION The establishment of procedures for investigating complaints and allegations of employee misconduct is important to demonstrate and protect the integrity of the Department and promote public trust. Because of the nature of police work, it is inevitable that the Department will receive complaints about the actions or the inaction of employees. The Department shall conduct its investigations in a timely manner to find and correct improper conduct. The Department shall also accept and document reports of good employee conduct. The Department will accept complaints originating from any source, including other employees, anonymous and third party complainants. All employees must courteously inform an individual of his or her right to make a complaint if the individual objects to an employee’s conduct. This includes any complaints made by an individual who is in APD custody. Officers have a duty to assist any person who wishes to file a citizen’s complaint by promptly putting the complainant in contact with a supervisor who can assist them with filing their complaint. All Sworn Officers are required to provide their name and badge number (DSN) upon request. All other APD employees are only required to provide their first name and badge numbers (DSN) upon request. Duty to report: All employees must report any instances of serious misconduct as soon as practicable to a supervisor or the Office of Professional Responsibility following receipt of information regarding the serious misconduct or even the complaint or perception of potential serious misconduct. An employee who witnesses or becomes aware of serious misconduct or a complaint of serious misconduct, shall, in all cases, take appropriate action to prevent aggravation of the incident or the loss of evidence that could prove or disprove the misconduct. Furthermore, employees who withhold information, fail to cooperate with departmental investigations, or who fail to report the serious misconduct of department employees to a supervisor or Office of Professional Responsibility, shall be subject to disciplinary action. No employee shall refuse to assist any person who wishes to file a citizen complaint nor discourage, interfere with, hinder, delay, or otherwise obstruct a person from filing a complaint. The supervisor investigating a complaint will endeavor to electronically record all complaints. All external complaints must be entered into IA Pro via Blue Team as a complaint / inquiry. Questions, as opposed to complaints, should be handled immediately and may not require documentation. Not all sustained complaints will result in disciplinary action. For example, some sustained complaints may be indicative of a unit or Department wide misunderstanding of stated policy and result in training. Procedural violations or first time sustained cases of discourtesy, rudeness, or poor service response may be handled by additional training and or counseling. DEFINITIONS Collective Bargaining Agreement (CBA): Refers to the current contract in effect between the Municipality of Anchorage and the Anchorage Police Department Employees Association (APDEA). Complaint: Any allegation by an individual, if found to be true, would amount to a violation of department policies, practices or procedures. All claims for damages which allege officer misconduct. Complaint Form: The Commendation, Suggestion and Complaint Form (APD Form 51-022, hereby referred to simply as Complaint Form) can be used by investigating supervisors but does not eliminate the requirement of a Blue Team a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 2 entry. If used it shall be attached to the Blue Team entry. The Complaint form can be found on the Intranet under Forms. Complaint Disposition Notification Form: APD Form used to notify a complainant of the disposition of an administrative investigation. Sent to complainant at conclusion of the investigation. Copy attached to Blue Team entry. Found on the Intranet under Forms. Concern: A concern is a subcategory of a complaint. Concerns are complaints that constitute a minor technical violation, which if sustained, would not result in discipline and is too minor or vague to justify the service of a complaint. Discipline: Any formal action taken by the department to modify an employee’s behavior to include an oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer. Employee: Any person employed by the Anchorage Police Department. External Complaint: Any complaint received from someone outside of the Department. Findings: Findings are the results of the investigation. There are four possible findings: 1. Sustained: where the investigation determines, by preponderance of the evidence, the complainant’s allegation is supported by sufficient evidence to determine the incident occurred and the actions of the Officer were improper. 2. Not sustained: where the investigation determines, by preponderance of the evidence, there are insufficient facts to decide whether the alleged misconduct occurred. 3. Exonerated: where the investigation determines, by preponderance of the evidence, the alleged conduct did occur but did not violate APD policies, procedures, or training; or the conduct was outside of policy but no misconduct occurred. 4. Unfounded: where the investigation determines, by preponderance of the evidence, there are no facts to support the incident complained of actually occurred. Inquiry: An act of asking for information. Intake Supervisor: The first supervisor who deals with a complaint typically makes a Blue Team Entry; however, it may not be the same Supervisor who eventually conducts the investigation. Office of Professional Responsibility (OPR): The designated Section with primary responsibility for conducting investigations of Administrative or Citizen complaints of misconduct. Investigating Supervisor: The supervisor who investigates the complaint. Investigations: There are two general types of investigations: a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 3 1. Criminal: One in which there is an allegation of a violation of the law. 2. Administrative: Involves an allegation of a violation of a policy, procedure or training standard. Material Issue: An issue or fact being investigated that needs to be resolved to determine a finding. Misconduct: Any conduct by an APD employee that violates APD policy or the law. Officers: Any law enforcement officer employed by or assigned to the APD. Preponderance of the Evidence: The concept of “preponderance of the evidence” can be visualized as a scale representing the burden of proof, with the totality of evidence presented by each side resting on the respective trays on either side of the scale. If the scale tips to one side or the other, the weightier side will prevail. The standard is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true. Serious Misconduct: For purposes of this policy is defined as willful, wrongful, improper, or unlawful conduct, or conduct which might bring the department into disrepute. Supervisor: Includes those officers holding the rank of Sergeant or higher, anyone acting in those capacities, or any other individual authorized by the Chief of Police. Violation: A sustained complaint of an act or omission contrary to any regulation, policy, or procedure. A violation can subject the employee to any disciplinary or non-disciplinary corrective action identified in this procedure. PROCEDURE I. ACCEPTING AND FILING COMPLAINTS A. Manner of Documenting Complaints: All complaints will be documented in Blue Team. All complaints received on a Complaint Form shall be scanned and attached to the Blue Team entry. Employees shall direct all complaints against the Department or other employees to a supervisor or the Office of Professional Responsibility for processing. Complaints shall be accepted directly from the complainant in person, by telephone, in writing, or by any other means. Anonymous and third party complaints shall also be accepted. 1. Supervisors within the Department shall accept and document complaints by making an entry into Blue Team. 2. If practical, the Department’s complaint procedures should be explained to the complainant. a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 4 B. Receiving Complaints: Complaints may be received in a variety of formats: 1. Letter Complaints: Letters alleging misconduct by a Department employee shall be forwarded to the Office of Professional Responsibility. The Office of Professional Responsibility will use the letter as the source document and assign an IA Pro case number to the complaint. 2. Complaint Forms: APD Complaint Forms will be placed at the front counter of APD and other municipal offices. When a complaint form is received in this manner, it will initially be routed to the Office of Professional Responsibility. After an IA Pro case number has been assigned, an assessment will be made to ascertain at what level in the organization the complaint will be investigated. a. Completed Complaint Forms: The completed complaint form should contain a detailed description of the alleged act(s) of misconduct, including date, time, place, names or descriptions of Department employees involved in the incident; names and addresses of witnesses if known; and any other relevant information. b. Routing of Complaint Forms: All Complaint forms, either initiating a new complaint to be investigated at the Division level or one where the complaint has been investigated and resolved, will be scanned and linked to the Blue Team entry. c. The OPR will determine what level the complaint should be investigated. 3. Telephonic Complaints: Complainants contacting the Department by telephone shall be transferred immediately to a supervisor, if available, who will obtain as much information as possible from the complainant and make a Blue Team entry. a. Dispatch supervisors who receive telephone complaints shall send a CAD message to the on duty supervisor of the employee involved, and follow up with an email message, both of which should contain the nature of the complaint, the complainant information, and the officer’s name or vehicle number. The email message must also be sent to the supervisor’s commander and the Office of Professional Responsibility. b. Telephone complaints which are made directly to the Office of Professional Responsibility will be assigned and entered into IA Pro by the OPR. 4. Internet Complaints: Citizens may submit a complaint directly to the Office of Professional Responsibility by accessing the APD a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 5 webpage. Complaints received in this manner will be assigned an IA Pro Case number for tracking. The OPR will access the complaint to determine at what level the complaint should be investigated. 5. Departmental Complaints: When a member of the Department desires to initiate a complaint against another member, the following protocol will apply: Complaints by superior officers against subordinates shall be documented directly into IA Pro or Blue Team. If a subordinate officer wishes to file a complaint against a superior officer, the subordinate may do so by notifying the next level in their chain of command. In addition it will be permissible for an employee to make a complaint directly to The Office of Professional Responsibility. The complaint may be communicated in any manner to The Office of Professional Responsibility, to include anonymously. 6. Governmental Agencies: When information is received from governmental agencies alleging specific acts of misconduct by a Department employee, the information shall be forwarded to the Office of Professional Responsibility Unit. 7. Policy Complaints: Complaints concerning Departmental policy, performance, or practice, and not alleging misconduct by specific employees, known or unknown, shall be entered into Blue Team. II. COMPLAINT INVESTIGATION PROCESS GENERAL GUIDELINES: A. Investigations shall be conducted by a supervisor who did not authorize, witness, or participate in the incident, or should have participated but did not. Any supervisor who is the subject of a complaint, or who authorized the conduct that led to the complaint, is explicitly prohibited from investigating the incident. This section would preclude a supervisor from making the initial entry into Blue Team for a pursuit they monitored or a use of force they witnessed. B. The standard of proof for evaluating evidence in administrative investigations will be the Preponderance of Evidence standard. A finding of whether or not a violation of policy has been proven by a preponderance of the evidence must be based on a fair and rational consideration of all of the evidence and only the evidence in the case. C. As the finder of fact, the investigator must judge the credibility of witnesses and the weight to be given their statements. In doing so, they should take into consideration the witnesses’ means of knowledge, strength of memory and opportunities for observation; the reasonableness or unreasonableness of their statements; the consistency or lack of consistency in their statements; their motives; whether their statement has been contradicted or supported by other evidence; their bias, prejudice, or interest, if any; their manner or a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 6 demeanor while making statements; and all other facts and circumstances shown by the evidence which affect the credibility of the witnesses. D. In considering witness credibility, the investigator should apply the same criteria to all witnesses regardless of whether the witness is a subject officer, a witness officer, a complainant, a civilian witness, a supervisor or a command officer. The investigator should not automatically consider any type of witness, such as a citizen or a subject/witness officer, to be more credible than another type of witness, such as a citizen or a subject/witness officer, to be more credible than another type of witness simply because that witness is or is not a police officer. Furthermore, they should not afford any particular degree of credibility to a witness simply because of that witness’ rank or position in the organization or community. E. There may be instances where a fact finder receives conflicting evidence and different accountings from different witnesses. It should be remembered that this does not necessarily mean that a witness is intentionally being untruthful, although that is a possibility to be considered. F. Discrepancies in a witness’ statement or between one witness and another do not necessarily mean that either witness should be discounted. Two persons witnessing the same event may see, hear, or otherwise perceive it differently. Where such discrepancies exist, the reviewer should consider, based upon all the facts and circumstances, whether the discrepancies result from an intentional falsehood or from some other reason. In addition the investigator should consider whether any discrepancy relates to a matter which is significant or insignificant to the issue to be determined. Every effort will be made to resolve material inconsistencies or discrepancies between witness statements and other collected evidence. G. Based on all of these stated considerations and all the facts circumstances, and evidence in the case, the investigator may believe all, part or none of any witness’ statements. The investigator may also determine what weight, if any, to give to any witness’ statements. H. The weight or sufficiency of evidence is not necessarily determined by the number of witnesses presenting evidence in support of or against a particular issue. An issue should not be decided by the simple process of counting the number of witnesses on opposing sides. The test to be applied is not the number of witnesses but the convincing force of the evidence presented by the witnesses. I. Confidentiality of Investigative Process: Prior to the completion of the investigation of a complaint, information concerning an investigation shall not be released outside the Department unless authorized by the Chief of Police or his/her designee. Information gained during a a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 7 complaint investigation will only be shared by personnel within the chain of command that have a valid need to know. APD will comply with established procedures between the Municipality of Anchorage and the Alaska Department of Law with regard to Brady Disclosures. J. Initiating the Investigation: If the complaint is received at the Division Level, the commanding officer of the unit shall determine whether the matter can be appropriately dealt with at the unit level. In such cases, commanding officers shall appoint an Investigator. If the commanding officer determines that the complaint is not appropriate for investigation at the unit level, it shall be referred to The Office of Professional Responsibility for investigation. By direction of the Chief of Police, The Office of Professional Responsibility Unit may intervene at any time and assume control of any investigation. K. Unless disruptive to the investigation, an investigating supervisor will make initial contact with a complainant within 72 hours of being assigned to investigate the complaint. L. Complaint Findings 1. At the conclusion of a complaint investigation, the investigator shall forward the entire Blue Team entry to their immediate supervisor. The investigator’s supervisor (in most cases a lieutenant) will review the investigation and enter a disposition memo into Blue Team. Note: Generally speaking, lieutenants will complete a disposition memo on all investigations where Garrity interviews have been conducted. 2. The disposition memo will conclude the investigation with a finding of Sustained, Not Sustained, Exonerated or Unfounded. A short explanation of the findings should accompany the finding. The finding will be forwarded through the Chain of Command for approval. 3. Once findings have been approved, the investigating supervisor will send the complainant a Complaint Disposition Notification Form or notify the complainant in person or by phone. A digital recording or a copy of the form will be attached to the investigation in Blue Team or IA Pro. M. The investigation will then be submitted through the Chain of Command for determination of discipline if applicable. III. INVESTIGATING SUPERVISOR ROLES AND RESPONSIBILITIES A. Documenting a concern: Concerns will be documented in the complaint module, however, they will require limited information because of the nature of the complaint. Supervisors shall communicate their intent to handle a complaint as a concern prior to a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 8 notifying the employee. The following information will be placed in the narrative block of Blue Team: 1. Allegation 2. Finding 3. Citizen notification of the result 4. Attach the audio interview with the complainant. 5. No additional narrative is required. B. Complaints: 1. Ensure that all represented employees who are the subject of a complaint and the appropriate APDEA representatives are notified of the receipt and nature of the complaint within four working days of the employee per Article 5 Section 1(G)3 of the current Collective Bargaining Agreement (CBA). 2. The investigating supervisor will identify potential Policy and Procedure violations. 3. All complaints and concerns will be documented as a complaint in the Blue Team module. Note: Complaints and Concerns require notification to the employee and the APDEA either in writing or verbally. 4. The investigating supervisor will determine the next steps for investigation which may include, but are not limited to: a. Interview the complainant who witnessed the alleged violation; b. Gather and review evidence, to include: i. Contact recordings ii. Video iii. APSIN/NCIC iv. Tiburon/CAD v. Witness information vi. Other relevant evidence 5. The investigating supervisor will organize and compile case information to determine additional necessary investigative steps, which may include: a. Conduct audio recorded interviews with all witnesses b. Taking photographs c. Conducting recorded Garrity interviews with employees d. Conducting other follow-up investigation a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 9 6. The investigating supervisor will complete a report documenting their investigation utilizing a standardized report format. (See Attachment) This format may be modified to fit the circumstances of the investigation or to accommodate special circumstances deemed appropriate by a commander in the investigators chain of command. 7. The investigating supervisor will submit all investigations through the chain of command for review. 8. After the investigation has been approved by the Chain of Command, the investigating supervisor will notify the investigator and the employee of the final disposition. C. Confidentiality of Complaints: 1. All employees who have knowledge that a Disciplinary Action Report (DAR) has been submitted, or will likely be written, are prohibited from discussing material issues related to the matter. 2. Exemptions include: employees subject to the investigation when consulting with Union or legal representation, in accordance with supervisory directives, testifying at an official hearing regarding the matter, or otherwise authorized by law, policy, or regulation. D. Investigative Interviews: 1. Prior to being interviewed, employees shall be advised of the nature of the complaint and the name of the complainant if known. 2. All interviews will be conducted while the employee is on duty unless the seriousness of the investigation is such that an immediate interview is required. 3. The complete interview shall be recorded. The recording will note the time at which breaks are taken in the interview process, the person requesting the break, and the time at which the interview resumed. 4. The employee shall be provided with the name and rank of all persons present during questioning. Prior to the interview, the employee shall also be given a Garrity Warning (Pre Interview Admonition) for compelled statements if the inquiry is administrative. 5. Representation at interview. a. Represented employees may have APDEA representation with them during any investigative interview as per the current CBA. As long as the union representative is not involved in any manner (i.e. a witness or subject of the complaint) with the incident under investigation, or a conflict of interest does not exist. a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 10 b. The representative’s role is primarily that of an observer and shall not be permitted to interrupt or disrupt the interview except for the purpose of advising and/or conferring with the employee or investigators about a contractual right. IV. COMMENDATIONS AND EXEMPLARY WORK Supervisors will be responsible for recording positive employee performance actions that rise above normal work expectations. Supervisors may record compliments and/or commendations from citizens into Blue Team by selecting Commendations under the Incident Type tab. Commendations stored in IA Pro will not be purged but instead become a part of an Officer’s permanent OPR file. V. THE OFFICE OF PROFESSIONAL RESPONSIBILITY: ROLES AND RESPONSIBILITIES A. The Office of Professional Responsibility (OPR) has primary responsibility for the review and management of all complaints. Any employee at any level of the department, except the Chief of Police, is subject to investigation by OPR. B. At the direction of the Chief of Police, the Detective Division may assist OPR investigators with an administrative investigation. C. At the direction of the Chief of Police, OPR may assume primary responsibility for any internal investigation at any stage in the investigative process. D. Complaints: 1. Assign a control number. 2. Notify the appropriate Division Commander of the complaint (unless it may compromise the investigation). 3. Notify the employee of the receipt of the complaint per CBA, when applicable. 4. Assign a completion date for the investigation (45 calendar days per the CBA) and maintain oversight of the investigation through IA Pro. 5. At the conclusion of a sustained complaint, assign a completion date for discipline to be served (45 calendar days per the CBA). E. The Office of Professional Responsibility will monitor IA Pro entries and ensure the following: 1. Completion dates are being met. 2. Complaints are not being entered as concerns. F. OPR shall have the following additional responsibilities: 1. Maintain the IA Pro database. a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 11 2. Maintain a central file for complaints in a secured area and in conformity with records retention requirements of state law. 3. Maintain and store all recorded media and documents related to a case. 4. Maintain statistical and related information to identify trends involving pursuits, complaints of excessive force and abuse of authority. 5. Conduct Administrative reviews of all In Custody Deaths, Criminal Investigations against Officers, and Use of Deadly force investigations. 6. Prepare a quarterly report of investigations and discipline. 7. OPR will be responsible to notify the State of Alaska Department of Law Giglio Representative for mandatory Brady Disclosures. These disclosures will be made in accordance with established procedures between the MOA and DOL. OPR will also ensure any affected employees are notified of the disclosure. VI. THE OFFICE OF PROFESSIONAL RESPONSIBILITY INVESTIGATOR DUTIES DURING DEADLY FORCE INVESTIGATIONS A. Administrative investigations of deadly force incidents will be investigated concurrently with the APD Homicide investigation. OPR Investigators will identify themselves to the Incident Commander (IC) and the lead Criminal Investigator upon arrival at the scene. 1. The lead OPR Investigator whenever possible shall do the following as necessary: a. Receive a briefing from the IC including details of the incident as available, a summary of all actions completed or in progress. b. Conduct a walkthrough of the scene. c. Observe interviews of Officers who have used or witnessed the use of deadly force. The OPR Investigator shall not be in the immediate physical presence of the officer(s) being interviewed. d. Be present during key witness interviews with Criminal Investigators. e. Be present during meetings with the on-call Assistant District Attorney. f. Be present during meetings with the medical examiner at the scene and at, or subsequent to, the autopsy and compile a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 12 information as available such as, entrance and exit wounds, estimates of shooters’ positions, the presence of alcohol or controlled substances in the decedent’s body and any other facts that may be deemed relevant. g. If OPR Investigators identify any item with potential evidentiary value that has not been gathered or appears to have been overlooked by the criminal investigative team, they shall notify the lead criminal investigator and or the Homicide Commander prior to leaving the scene. h. If environmental conditions threaten the integrity of physical evidence, OPR investigators shall assist Criminal investigators in making every reasonable effort in protecting evidence in place. i. Although unlikely, if an OPR Investigator seizes evidence related to the criminal case, they shall log it into Property and Evidence upon returning to the station. In addition the OPR investigator will notify the assigned criminal investigator of the additional evidence which was seized. j. The OPR investigator shall open the appropriate “Deadly Force” investigation in IA Pro. k. Within four working days the assigned OPR investigator shall notify any Officer involved in a Deadly Force Incident that an Administrative Review of the incident is being conducted. l. All officers who use deadly force will be interviewed by OPR investigators in a Garrity compelled interview before the conclusion of the administrative review. m. OPR investigators will compile a report detailing their investigative findings. These findings shall include whether: i. ii. iii. iv. v. the police action complied with policy, training, and legal Responsibility regardless of whether the complainant suffered harm the incident involved misconduct by any officer the use of different tactics should or could have been employed the incident indicates a need for additional training, counsel, or other non-disciplinary corrective measures the incident suggests that the APD should revise its policies, training, and tactics a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 13 VII. EXAMINATIONS AND SEARCHES A. The Chief of Police or designee may direct an employee to submit to a breath alcohol, blood or urine test(s) when there is reasonable suspicion that alcohol and/or drug usage is suspected as a factor directly related to allegations of misconduct. The employee will be afforded union representation. Note: AMC 3.30.198 governs drug testing in the workplace. B. An on-duty supervisor may direct an Officer to submit to a breath, blood, or urine test when there is reasonable suspicion that alcohol and/or drug usage is suspected as the factor directly related to allegations of misconduct, and is required to submit to such tests as the result of either being involved in a traffic accident with a department vehicle or involved in an officer involved shooting. C. Desks, lockers, storage space, rooms, offices, equipment, information systems, work areas, and vehicles that are the property of the Municipality of Anchorage are subject to inspection. They may be searched to retrieve municipal-owned property, or to discover evidence of work related misconduct, if there is reason to suspect (reasonable suspicion) such evidence is contained therein. Private property can be stored in areas mentioned above; however, employees will not expect privacy in those areas. Only those employees who are acting in their official capacity may be authorized to search or inspect areas assigned to other employees. VIII. CRIMINAL INVESTIGATIONS A. When criminal allegations involving a member of the Department are made, the Intake Supervisor shall notify the Chief of Police and/or OPR immediately. The Chief of Police or designee will make a determination on whether enough reasonable suspicion exists to proceed with a criminal investigation or to investigate the allegation administratively. B. When the alleged crime occurred within the jurisdiction of the Department, OPR will forward the criminal aspect to the appropriate criminal investigative section through the Deputy Chief of Operations or his/her designee. The criminal investigation should be given high priority and accomplished without delay. OPR shall review the criminal investigation and may have access as needed. C. OPR will investigate the administrative aspect of the incident either concurrently with the criminal investigation or after the criminal case is adjudicated at the discretion of the Chief of Police. D. When the crime occurred outside the jurisdiction of the Anchorage Police Department, OPR will: 1. Develop and maintain liaison with the involved agency; and a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 14 2. Conduct the administrative investigation the same as it would have done, had the incident occurred within its jurisdiction. IX. INVESTIGATION BY ANOTHER AGENCY A. It may be necessary for the Chief of Police to determine that an allegation of misconduct or possible criminal conduct should be investigated by an outside agency. B. Potential sources for this outside investigation include Alaska State Troopers and Federal Law Enforcement Agencies. Outside investigations will be conducted in accordance with this policy. X. INVESTIGATION DUE DATES AND EXTENSIONS A. All investigations will be given a 45 calendar day due date from the date the complaint is received. If the assigned investigator anticipates that he/she will not be able to complete the investigation and the investigative report within the designated period of time, he/she shall contact the Inspection Division Captain through his/her chain of command explaining the reason for an extension. This request shall be submitted within ten (10) working days of the due date. The request shall indicate what remains to be done and an estimated time for completion. The Inspection Division Captain will notify the APDEA in accordance with the CBA. B. All Blue Team investigations involving pursuits, officer-involved collisions, and use of force investigations will be given a seven (7) calendar day due date from the date the initial Blue Team entry is made. Extensions can be granted at the discretion of the Shift Commander. XI. COMPLAINTS OF BIAS OR MISCONDUCT BY INVESTIGATORS A. Complaints received from Department personnel who are the subject of a pending administrative investigation or action that allege bias or misconduct by investigators or personnel involved in the disciplinary process shall be brought to the attention of the Chief of Police through the employee’s chain of command. The Department shall defer investigation of the complaint until after the administrative investigation and/or actions are concluded and the complainant has exhausted all remedies provided for under the Department rules and regulations and the collective bargaining agreement. XII. EMPLOYEE REVIEW OF THE OFFICE OF PROFESSIONAL RESPONSIBILITY FILES A. Employees who would like to review their file should coordinate with The Office of Professional Responsibility to schedule a time to review the file. OPR will make the file available for a reasonable amount of time so that an employee can review the contents of the file. 1. Employees can access or obtain copies of an entire investigation a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 15 where there is a sustained complaint against them. 2. Employees will have access to all portions of an investigation except the transcripts or recordings of interviews where there is not a sustained complaint. Investigation Matrix Complaint Concern Question 1. Action subject to formal complaint Yes. Violations of policies, practices, and procedures require formal investigation Yes. Minor technical violations require limited entry into Blue Team No. 2. Procedures a. Employee notification of complaint within 4 working days for the employee. a. Employees are usually notified of the complaint and findings within 4 working days for the employee. No. b. Use of Force, Pursuit, and collision investigations must be completed within 7 days of the incident. All other complaints must be completed within 45 calendar days. b. Investigations must be completed within 7 calendar days. c. Requires a supervisor’s narrative to be attached to the investigation. c. Does not require a supervisor’s narrative if the conversations with the complainant are recorded. Recordings must be attached to the Blue Team entry. 3. Findings Findings are completed by the commander. Generally, if the investigation requires a Garrity interview, the commander will complete a Findings memo. Findings are completed by the investigating supervisor in the Blue Team narrative block. No. 4. Promotion to a higher level of investigation. N/A History of similar conduct shall be handled as a complaint so appropriate corrective action can take place and be documented. Public concerns with APD Policies will be forwarded to the OPR. 5. Disposition of Complaint Employees and complainants require notification of dispositions of complaints by the investigating supervisor. Employees and complainants require notification of dispositions of complaints by the investigating supervisor. No. a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 16 Attachment: OPR Narrative Template IA Pro Number APD Case Number Investigating Supervisor EXECUTIVE SUMMARY: Executive Summary is a synopsis of the complaint, investigation and findings. Simple investigations may not justify the use of an Executive Summary. ALLEGATION(S): (Example) What misconduct is alleged? What APD Policy most closely matches the complainant’s allegation? Example: Duty Requirements – 1.03.005A II. Employees shall report for duty at the time and place specified by their assignment or orders and complete the number of hours on duty required by their assignment. NOTIFICATION / COMPLAINT RECEIPT: EMPLOYEE COMPLAINT NOTIFICATION: ACTIONS TAKEN: INITIAL CONTACT WITH EMPLOYEE (***) INTERVIEW WITH COMPLAINANT (***): (See digital audio recording for details) INTERVIEW WITH WITNESS (***): (See digital audio recording for details) PHOTOGRAPHS TAKEN / EVIDENCE OBTAINED: INFORMATION: INTERVIEW WITH WITNESS / EMPLOYEE (***): (See digital audio recording for details) INTERVIEW WITH EMPLOYEE (***): (See digital audio recording for details) ACTIONS TAKEN: VEHICLE COMPUTER DOWNLOAD: POST ACCIDENT DRUG & ALCOHOL TESTING: a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 17 ~ COMMANDER AUTHORIZING NO TESTING INITIATING/CONTINUING A VEHICULAR PURSUIT General. The decision to continue to pursue must be evaluated constantly. At any time the pursuit becomes a greater threat to life or property than the threat which the officers reasonably believe the suspect poses, the pursuit must be discontinued. Considerations. The pursuing officers and supervisor assuming responsibility for the pursuit shall consider the following factors in determining whether to initiate or continue a pursuit: a. Nature and seriousness of the offense. ?? b. Time of day…………………………….. ?? c. Weather conditions……………………. ?? d. Road conditions………………………… ?? e. Traffic conditions……………………….. ?? f. Population Density/Pedestrian Traffic… ?? g. Familiarity with the area………………… ?? h. Schools/Parks…………………………… ?? i. Vehicle capabilities……………………….. ?? j. Visibility and illumination…………………. ?? k. Possibility of identification and apprehension at a later time?? l. Speed involved…………………………… m. Driving skills of the pursuing officer……. ?? ?? FINDINGS: Your explanation of why you came to your conclusion. CASE STATUS: (Exonerated, Sustained, Not Sustained or Unfounded) ***END OF DOCUMENT*** a584f284-cdb5-4192-a0d6-d7aa20337b5d.doc 18