WHO MAY REGISTER A COMPLAINT
Any citizen may make an employee complaint. Citizens may be
requested to appear in person; however, even anonymous complaints
will receive an appropriate investigation.
Complaints filed against the department or one of its employees
shall be handled courteously and professionally. Persons desiring to
file a complaint against an employee of the department may either
call 9-1-1 or contact any member of the department. You will be
directed to the supervisor of the organizational unit to which that
employee is assigned. If the supervisor is not available, or if you
do not wish to divulge the name of the member, you will be referred
to the on-duty patrol shift commander.
Some complaints can be satisfactorily resolved either by a telephone
call or during a visit with the supervisor or shift commander. The
supervisor or shift commander receiving the complaint will make an
assessment of its seriousness, and determine 1) whether the
complaint can be satisfactorily handled at that level or 2) whether
a written complaint should be filed.
COMPLAINT PROCEDURE
Generally, complaints fall into three categories. They are:
1) Informal;
2) Formal; and
3) Internal Affairs
HANDLING OF COMPLAINTS
A complaint is considered informal when it is received and
satisfactorily resolved by the supervisor.
A formal complaint is more involved and detailed. The complainant
will normally receive a written disposition.
Finally, a complaint referred to the internal affairs function
ensures the integrity of the agency. The criteria for determining
the categories of complaints referred to internal affairs includes
allegations of misconduct such as:
1) Corruption;
2) Excessive use of force that have been reviewed by administrators
and found to have possible merit;
3) Breach of civil rights;
4) Criminal misconduct; and
5) Any other inappropriate conduct as determined by the Chief of
Police.
Internal affairs complaints are thoroughly investigated and the
officers involved in the internal affairs function maintain a close
liaison with the prosecutor's office in investigations involving
criminal allegations. A written report is usually prepared. It may
include recorded statements from the complainant, witnesses, and the
accused.
The completed investigative report includes a narrative summary of
the events and a finding of fact. The report will not reflect any
personal opinion, but rather an unbiased description of the
circumstances as they actually occurred.
This allows the department to make a proper resolution, based upon
the investigative findings presented. The impact of an internal
affairs case on the integrity of the department and the morale of
its members necessitates a speedy yet thorough resolution to these
issues.
There normally will be a thirty-day time limit for completing an
internal affairs investigation, with status reports to the Chief of
Police every seven days. The Chief of Police may grant extensions in
those cases where extenuating circumstances exist.
DISPOSITIONS
The descriptions of complaints are classified as follows:
UNFOUNDED: Investigation indicates that the act(s) complained
of did not occur.
EXONERATED: Investigation indicates that the act(s)
complained of did occur. However, the actions of the accused were
lawful and proper.
NOT SUSTAINED: Investigation failed to disclose sufficient
evidence to clearly prove or disprove the allegation(s).
SUSTAINED: Investigation disclosed sufficient evidence to
clearly prove the allegation(s) made in the complaint.
In addition to the above types of dispositions, an investigation may
determine a policy “void” in which case new policy is implemented
where warranted.
The types of disciplinary action, in ascending order, which can be
recom-mended for a sustained complaint, are:
1. Employee conferences;
2. Oral reprimand;
3. Written reprimand;
4. Recommendation regarding loss of leave;
5. Recommendation to suspend;
6. Recommendation to demote;
7. Recommendation to terminate.
Non-probationary employees are entitled to appeal a suspension,
demotion, or termination from the department.
Anonymous complaints can be made by calling the employee’s
supervisor, or if not known or unavailable, the on-duty Shift
Commander at (513) 868-5811, Ext. 2004.
SUMMARY OF COMPLAINT REPORTING PROCEDURES
1) Telephone 911 and you will be referred to the on-duty patrol
shift commander;
2) Contact any member of the department and you will be directed to
the supervisor of the organizational unit to which the member is
assigned;
3) Come in person to the department and ask for the on-duty patrol
supervisor or shift commander;
4) The Chief of Police reviews reports and information regarding
com-plaints, is kept informed as to their status, and provides
direction as appropriate.
5) If your case is assigned as an internal affairs investigation,
you will be informed in writing of the final disposition.
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