Civilian Complaint Policy (PDF)

4.8, INTERNAL INVESTIGATIONS / CIVILIAN COMPLAINTS 
 
4.8.1 Purpose  
The purpose of this policy is to inform employees and the public of departmental procedures for 
addressing complaints of misconduct. 
 
Policy 
It is the policy of this department to investigate all complaints of alleged employee misconduct and to 
equitably determine whether the allegations are valid or invalid and to take appropriate action. All 
allegations of departmental or officer misconduct shall be properly investigated whether such 
complaints are received verbally, in writing, through a third party, or anonymously. 
 
There shall be no retaliation in any form by any member of this agency directed at an individual who 
makes a complaint. 
 
During the complaint intake process, no questions shall be asked of a complainant regarding their 
immigration status. 
 
Officers who withhold information, fail to cooperate with department investigations or who fail to report 
alleged misconduct or malfeasance of employees to a supervisor shall be subject to disciplinary action. 
 
When a person who is noticeably intoxicated or impaired wishes to make a complaint, he or she shall 
be encouraged to wait until the earliest opportunity after he or she has regained sobriety to do so. 
When the Supervisor determines the circumstances require immediate action, preliminary details of a 
complaint should be taken by a Supervisor, when available, regardless of the person’s sobriety. In that 
event, the internal affairs designee should re-interview the person after he or she has regained sobriety 
 
If a complainant expresses fears of retaliation as a result of filing a complaint, they must be assured 
that those fears will be taken seriously. Complainants should be asked to provide the basis for their 
concerns, if possible, and the information provided should be noted in the complaint. This will allow the 
unit, supervisor or internal affairs designee to be aware of these fears and develop reasonable 
strategies to assist the complainant in dispelling those fears. 
 
4.8.2 The Internal Investigation 
The Chief of Police’s Office is responsible for all internal investigations conducted within the Waterford 
Police Department. Officers assigned to assist the Chief’s Office with internal investigations shall report 
to, and serve at the pleasure of, the Chief of Police. 
 
The Chief of Police will ensure that the integrity of the department is maintained through an internal 
system where objectivity, fairness, and justice are assured by intensive, impartial investigation and 
review.  The Chief’s Office coordinates and exercises staff supervision over investigations of complaints 
or allegations of misconduct against the Waterford Police Department and its members. 
 
The Chief’s Office is responsible for the following: 
 
A. recording, registering and controlling investigations of complaints against agency personnel 
B. supervising and controlling investigations of alleged misconduct within the department 
C. maintaining the confidentiality of records of all internal investigations 
 
The Chief of Police or his designee is responsible for developing sufficient information to support an 
appropriate disposition of each matter being investigated. The investigators shall diligently pursue every 
legitimate course of action in their efforts to obtain facts.  It is not the responsibility of the Chief’s 
designee to adjudicate matters which it has investigated. It is a fact-finding body, which will present 
completed investigations to the Chief of Police for final disposition. The following conclusion of fact shall 
be used upon completion of the internal investigation. 
 
 

 
Unfounded  
Complaint or incident is false and not factual. 
 
Exonerated  
Complaint or incident did occur, but actions of members involved were proper and lawful. 
 
Not Sustained  
Insufficient evidence to either prove or disprove the complaint or incident. 
 
Sustained  
The complaint or incident is supported by sufficient evidence of misconduct by Departmental personnel. 
 
4.8.3 Internal complaints (general) 
An appropriate investigation shall be conducted for all complaints made against the Waterford Police 
Department and its members. Complaints may be in any manner including verbal, in writing, by 
telephone, through a third party, or anonymously. It is also the policy of this department to appropriately 
address citizens inquires concerning departmental regulations, procedures and policies, action taken by 
agency employees in the performance of their duties, and similar issues which involve the Department 
and its members. 
 
4.8.4 Complaint procedure 
When a complaint is made regarding alleged employee misconduct, the ranking supervisor on duty of 
the Division or Unit to which the employee is assigned shall be summoned to receive the complaint. If 
there is no supervisor available from a particular Division or Unit, the ranking patrol supervisor on duty 
shall receive the complaint. If a complaint involves a supervisor, an officer of the next higher rank shall 
receive the complaint. Reasonable efforts shall be made to resolve the complaint immediately if 
appropriate. In no event is a complainant to be told to return at another time, or that no one is available 
to handle his or her complaint. No employee shall refuse to assist any person who wishes to file a 
citizen complaint or discourage, interfere with, hinder, delay, or obstruct a person from making a citizen 
complaint. 
 
The following steps shall apply to all complaints: 
 
A.  The supervisor receiving the complaint shall gather all pertinent details regarding the complaint 
including but not limited to: 
 
1) names and addresses of any witnesses to the incident 
2) receiving any available physical evidence 
3) taking necessary photographs if applicable/appropriate 
4) memo of explanation to the Office of the Chief of Police 
 
B. The supervisor receiving the complaint shall check the Civilian Complaint Form for completeness 
and give the complainant a photocopy of the complaint form.  The supervisor shall also insure the 
complainant is aware of the investigation process. 
 
C.  The supervisor receiving the complaint shall forward the completed Civilian Complaint Form along 
with a department memo to the Chief of Police. 
 
D. The Chief of Police will review the complaint form and any associated documentation and make a 
determination if a formal internal investigation shall be initiated. 
 
E.  The Chief of Police shall base his decision as to whether the nature and seriousness of the 
allegations warrant an Internal Investigation. In general, Internal Investigations will be 
recommended for, but will not be limited to: 
 
 

 
1) use of excessive force complaints 
2) allegations of civil rights violations 
3) claims of serious unethical conduct which may not be criminal 
4) abuse of authority/office 
 
F. If an Internal Investigation is initiated, the Chief of Police shall notify the Lieutenant or other 
supervisor assigned to the complaint in writing of the Internal Investigation. In addition, the Chief of 
police or his designee shall notify the complainant in writing that he has ordered an Internal 
Investigation into the matter. 
 
In addition to the above procedure, the Chief of Police may at any time initiate an Internal 
Investigation based on: 
 
1) a matter he has personal knowledge of 
2) information brought to his attention by a member of the Department 
3) information brought to his attention by any other source 
 
The Chief of Police or his designee shall investigate all complaints made by motor vehicle operators 
who feel they were stopped in violation of Directive 6.3.1. (Uniform Enforcement Procedures). The 
Chief of Police or his designee shall forward a copy of such complaint along with the findings of the 
investigation to the Office of the Chief State’s Attorney as required by law. 
 
4.8.5 Conduct of Internal Investigation 
The Chief of Police shall assign an Internal Investigation case number to each complaint received and 
shall begin a proper investigation. 
 
Certain investigations requiring specific expertise may justify assigning other agency personnel to the 
internal investigation on a temporary basis. The Chief of Police shall make such assignments as he 
determines necessary. During the investigations for which the assignment was made, the officer shall 
be under the functional supervision of the Chief of Police or his designee. 
 
If it becomes apparent during the course of an Internal Investigation that criminal charges could 
possibly be lodged against an employee, the supervisor assigned shall be notified, who will notify the 
Chief of Police. 
 
Should probable cause exist to substantiate a criminal charge, the Chief of Police or his designee shall 
direct the Investigative Services commanding officer or his designee to conduct a criminal investigation 
of the matter. 
 
During all criminal investigations involving a member of this agency, liaison shall be maintained with the 
prosecutor, Superior Court (Assistant State's Attorney for Part A or Part B offenses, depending on the 
severity of the alleged crime). 
 
Any criminal investigation shall be completed first, separate and apart from the internal investigation.  
Any criminal investigation takes precedent over the internal investigation. 
 
4.8.6 Investigations conducted at the Division level 
If it has been concluded by the Chief of Police that due to the nature of the complaint, it is to be handled 
at the Division level, the Chief of Police or his designee shall direct that such an investigation be 
conducted. The commanding officer of the Division or his designee shall be assigned to conduct such 
an investigation. In general, the types of investigations that will be conducted at the Division level 
include: 
 
A. failure to follow procedures 
B. slow or no response to calls for service 
 
 

 
C. failure to take proper action 
D. improper operation of department vehicles 
E. tardiness in reporting for duty 
F. violations of department dress code 
G. poor demeanor or rudeness 
 
Completed investigations at division levels shall be forwarded to the Chief of Police or his designee 
who shall review all relevant details to ensure appropriate procedures were followed, and an adequate 
investigation was conducted.  After review, the case shall be logged with the Chief of Police for 
recording purposes with an internal case number. 
 
The Chief of Police or his designee shall be a resource to commanding officers of other Divisions or 
Units in conducting investigations of a less serious nature. 
 
4.8.7 Citizen inquiries 
Frequently, citizens contact the agency with questions regarding a policy, procedure, or tactic used by 
the department. This is a simple inquiry and may be handled by any member of the department. 
 
When a citizen questions the actions of a member of the agency, the matter shall be referred to an on-
duty supervisor who will determine if the matter is merely an inquiry that may be handled by providing 
routine information or if it is a matter that may require an investigation pursuant to this directive. 
 
4.8.8 Notification of employee rights 
When an employee of the Waterford Police Department becomes the subject of an internal 
investigation, that employee may be notified in writing of the scope and nature of the allegations, and 
the employee’s rights and responsibilities relative to the investigation. 
 
4.8.9  Records of complaints 
The Chief of Police is responsible for maintaining accurate and complete records of all complaints 
against the department and its employees. These records shall be kept secured, and disposed in 
accordance with applicable laws. The Chief shall maintain yearly statistical summaries of investigations 
for dissemination. 
 
4.8.10  Public and employee notification of complaint procedures 
The Waterford Police Department may make available to the public, procedures for registering 
complaints against the department or its employees. This may be accomplished through the use of the 
media and informational brochures disseminated by the Department. Information shall also be 
disseminated to all agency employees. 
 
4.8.11  Notification to Chief of Police regarding internal complaints 
The Chief of Police shall be notified of all complaints against the Department or its employees. 
 
The Chief of Police shall be notified immediately in the event a department employee is arrested or 
charged with a criminal offense or found to be under the influence of alcohol or drugs while on duty. 
The required notification will be made by the commanding officer receiving the report. The commanding 
officer shall ensure that all reports are completed and shall forward copies of those reports through the 
chain of command to the Chief of Police. 
 
When an Internal Investigation has been concluded, the results shall be forwarded to the Chief of 
Police who will determine the appropriate action. The Chief shall notify the complainant(s) and all 
officers involved in the allegation and advise them of the final disposition. 
 
4.8.12  Notifications to complainants 
When the Chief of Police orders an Internal Investigation, written notification of this investigation will be 
sent to the complainant of that fact.  At the conclusion of an Internal Investigation, the Chief of Police  
 
 

 
shall contact the complainant in the matter and notify them of the outcome of the complaint. If 
appropriate, the Chief of Police or his designee should contact complainants periodically during the 
course of lengthy Internal Investigation. All such contacts shall be appropriately documented in the 
investigation file. 
 
4.8.13  Security/confidentiality of Internal records 
Completed Internal records shall be kept in a locked file cabinet in the Chief’s office. The Chief of Police 
or his designee shall be the only personnel authorized to access these files, except as otherwise 
required by law. 
 
4.8.14  Relief from duty 
Supervisors or commanding officers may issue a temporary administrative suspension, with pay, for up 
to a period of 24 hours to an employee under the following circumstances: 
 
A. employee misconduct, personally observed by the supervisor or commanding officer which is 
extremely serious in nature and/or creates actual or potential harm to the officer or others 
 
B. the employee is unfit for duty due to physical or psychological reasons (e.g. intoxication) 
 
The Chief of Police shall restore sworn members suspended under this section to duty within 24 hours 
of said suspension unless that employee remains unfit for duty.  
 
If it becomes necessary to remove an employee from duty for an extended period of time, the Chief of 
Police shall take the required action in accordance with the disciplinary procedures outlined in the 
Union Contract. 
 
4.8.15  Internal Investigations - other procedural guidelines 
An employee shall not be subject to the following conditions without probable cause, and a proper 
search warrant issued by the court: 
 
A. Medical or laboratory examinations 
B. Photographs taken of the employee 
C. Directed to participate in a line-up 
D. Submission of personal financial disclosure statements 
 
4.8.16 Time limits for Internal Investigations 
Internal affairs investigations shall be investigated in a timely manner, usually taking less than ninety 
days. The Chief of Police may grant time extensions for investigations as required ensuring a fair 
conclusion of fact.