GENERAL ORDER
FAIRFAX COUNTY POLICE DEPARTMENT
SUBJECT: INTERNAL INVESTIGATIONS CANCELS ORDER DATED: 7-1-12
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NUMBER: 301 DATE: 3-20-15
II.
The purpose of this order is to establish procedures to be followed when it is necessary to investigate the actions or conduct of any employee of the Police Department. These procedures will ensure the complete examination of all facts and circumstances relevant to the incident being investigated, and will safeguard the rights of employees who are the subject of such investigations.
POLICY
Any alleged or suspected acts of employee misconduct, notice of a civil claim filed against the Department or against a member as a result of actions taken in his official capacity, violations of Department rules or regulations, and expressions of dissatisfaction with policy, procedure or practice shall be aggressively, impartially, and thoroughly investigated and documented by the appropriate entity. The disciplinary process shall be reasonable and fair. Law enforcement personnel and citizens shall be afforded all rights and protections provided to them by the Constitution, the Commonwealth, and the County. Integrity, honesty, and professionalism are expected of all Department employees. The Department, through all of our employees, strives to uphold the public trust.
DEFINITIONS
Administrative Investigation: A non-criminal investigation conducted for the purpose of documenting the conduct, action(s), or performance of an employee and to determine whether such conduct, action(s), or performance is in compliance with departmental policy or orders.
Complaint:
• An allegation of specific act(s) or omission(s) which, if proven true, would amount to employee misconduct.
• An expression of dissatisfaction with a policy, procedure, practice, philosophy, service level, or legal standard of the agency.
III.
PURPOSE
GENERAL ORDER
FAIRFAX COUNTY POLICE DEPARTMENT
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SUBJECT: INTERNAL INVESTIGATIONS NUMBER: 301 CANCELS ORDER DATED: 7-1-12 DATE: 3-20-15
Day: The term “day,” as used herein, shall mean calendar day, exclusive of Saturday, Sunday, and legal holidays as annually approved by the Fairfax County Board of Supervisors.
Domestic Violence: Any criminal offense involving the use or threatened use of physical force in which the parties involved appear to have a covered relationship, in accordance with the Code of Virginia or General Order 601.4, Domestic Violence Policy.
Expression of Dissatisfaction: Notification to the Department of a situation or incident where an individual feels he was unfairly impacted, or where he is displeased with a Department policy or action, and there is no allegation of misconduct.
Initial Inquiry: Investigation conducted into the actions of an employee, in which there is neither an allegation of wrongdoing nor any determined violation of law or Department policy. The purpose of the initial inquiry is to establish the facts and circumstances of an incident involving a Department employee for documentation only. The initial inquiry can also be used when an allegation of misconduct involves an unknown or unidentified employee. The initial inquiry is documented in a memorandum to the Chief of Police.
Initial Review: Actions taken by command or supervisory personnel to gather sufficient facts regarding an incident involving an employee, to determine if an administrative investigation is warranted. Initial reviews that do not lead to an administrative investigation are documented on an Initial Review Form (PD Form 206).
Misconduct: Act(s) or omission(s) by an employee which, if proven true, would normally result in some form of discipline or sanction. This would include:
- Commission of a criminal act.
- Neglect of duty.
- Violation of departmental policy, procedure, rule, or regulation.
- Conduct which may tend to reflect unfavorably on the employee or agency.-2-
GENERAL ORDER
FAIRFAX COUNTY POLICE DEPARTMENT
§§
SUBJECT: INTERNAL INVESTIGATIONS NUMBER: 301 CANCELS ORDER DATED: 7-1-12 DATE: 3-20-15
IV.
Relief from Duty: An administrative action, whereby an employee’s official authority is suspended and the employee is temporarily relieved from performing the duties of his position.
ADMINISTRATIVE INVESTIGATION PROCEDURES
A.
Types of Incidents to be Investigated
The incidents which are to be handled in accordance with the provisions of this order are alleged or suspected acts of employee misconduct, notice of a civil claim filed against the Department or against a member as a result of actions taken in his official capacity, violations of departmental rules and regulations, and expressions of dissatisfaction with a policy, procedure, practice, philosophy, service level, or legal standard of the agency.
The incidents include:
- Complaints from members of the general public concerning employee misconduct.
- Alleged violations of departmental rules and regulations reported to supervisory or command personnel by members of the Department, or actions observed by supervisory or command officers which appear to be a violation of law or departmental regulation.
- Incidents which do not constitute any reasonable suspicion of misconduct by an employee; however, the nature of the incident merits investigation for the purpose of documenting all relevant facts.
- Notice or expression of dissatisfaction with a policy, procedure, practice, philosophy, service level, or legal standard of the agency.
Source of Complaints
A complaint can come from both an internal or external source. A complaint is an indication of a potential problem or misunderstanding. The openness of the Department to the acceptance of a complaint is a principal element of
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B.
GENERAL ORDER
FAIRFAX COUNTY POLICE DEPARTMENT
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SUBJECT: INTERNAL INVESTIGATIONS NUMBER: 301 CANCELS ORDER DATED: 7-1-12 DATE: 3-20-15
police professionalism, accountability to the public, and community responsiveness.
A complaint can originate from any of the following sources:
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C. Receipt
Individual aggrieved person Third party
Anonymous
Juvenile
Governmental agency
Media report
Any member of the Department Notice of civil claim
of Complaint
A complaint may be presented to the Department in person, by telephone, electronically, or by letter. No employee shall attempt to discourage, interfere, or delay an individual from making a complaint. Every effort shall be made to facilitate the making of a complaint by ensuring that the process is convenient, courteous, and prompt.
D. Acceptance of the Complaint
1. Complaints Received In-PersonA/ia Telephone
- The complaint shall be immediately referred to the most available supervisor. When appropriate, a supervisor shall be dispatched to the location of the complainant.
- If a supervisor is not immediately available, the employee receiving the complaint shall provide the complainant with a-4-
GENERAL ORDER
FAIRFAX COUNTY POLICE DEPARTMENT
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SUBJECT: INTERNAL INVESTIGATIONS NUMBER: 301 CANCELS ORDER DATED: 7-1-12 DATE: 3-20-15
Citizen Complaint Form (PD28) and, if necessary, provide assistance to complete the form. The employee receiving the complaint shall forward the complaint to a supervisor as soon as possible.
c. Should a supervisor not be available and the complainant cannot wait for his availability, contact information shall be obtained from the citizen, who shall be provided the name of the on-duty supervisor and division commander. When this occurs, the supervisor and/or commander shall contact the complainant when available.
- A complaint shall be accepted at any police facility, or by any supervisor, regardless of assignment of the accused employee. The receiving supervisor shall obtain all practical information from the complainant and immediately forward the information to the appropriate investigative authority.
- Complainants shall not be required to:
- Appear in person.
- Go to another station or police facility.
- Return at another time.
- Prepare their own complaint form.
- Swear under oath to the truthfulness of their complaint.
- Agree to participate in certain investigative techniques, such as the polygraph, to have their complaint accepted.
- Acknowledge that making a false complaint is a crime for which they may be prosecuted.
- When the complainant is intoxicated, or under the influence of drugs, the complaint shall be accepted and documented. The-5-
GENERAL ORDER
FAIRFAX COUNTY POLICE DEPARTMENT
SUBJECT: INTERNAL INVESTIGATIONS NUMBER: 301 CANCELS ORDER DATED: 7-1-12 DATE: 3-20-15
determination whether to proceed further should be based on the nature of the complaint and the believability of the complainant. The complainant should be re-interviewed as soon as practical after becoming sober.
- In all cases, the complainant shall be provided the name and telephone number of the assigned supervisor or commander.
- In all cases, a letter or electronic response shall be sent to the complainant acknowledging that their complaint has been received, which departmental entity will be investigating the complaint, and that a supervisor will be in contact with them.
2. Complaints Received In Writing/Electronically
- When the complaint is received by mail or electronically, the complaint will be forwarded to the appropriate investigative authority. If the authority is not known, the correspondence shall be forwarded to the Internal Affairs Bureau (IAB).
- In all cases, a letter or electronic response shall be sent to the complainant acknowledging that their complaint has been received, which departmental entity will be investigating the complaint, and that a supervisor will be in contact with them.
E. Withdrawal of Complaint
At various stages of the investigation, the complainant may indicate that he desires to withdraw his complaint. This request cannot be refused; however, it is the policy of the Department to continue the investigation as far as possible without the assistance of the complainant. This is done to ensure that all available information and evidence are obtained should the complaint be re-filed or becomes a civil action. The cooperation of the complainant is important and desired, but is not mandatory. Withdrawal of the complaint or the complainant’s failure to cooperate with the investigating supervisor shall be documented in the administrative investigation report.
GENERAL ORDER
FAIRFAX COUNTY POLICE DEPARTMENT
SUBJECT: INTERNAL INVESTIGATIONS NUMBER: 301 CANCELS ORDER DATED: 7-1-12 DATE: 3-20-15
F. Investigative Responsibility
IAB shall be responsible for oversight of the acceptance, investigation, and adjudication of all complaints of police performance and conduct. The IAB is directly responsible to the Chief of Police.
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IAB shall be responsible for the following administrative investigations:
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Use of Force as specified in General Order 540.1.
Allegations of criminal misconduct of an employee.
Use of the Precision Immobilization Technique (PIT) that involves death or serious injury or that occurs in any jurisdiction outside the boundaries of Fairfax County.
Allegations of racial profiling or unlawful discrimination. Sexual harassment.
Sexual misconduct of employees.
Perjury complaints.
Allegations of misconduct by supervisors.
Corruption.
Complex and time-consuming investigations.
Incidents involving employees of the Department which include the likelihood of civil action.
Workplace violence. Domestic violence.
Allegations of truthfulness, ethics, and Integrity as delineated in General Order 001.