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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

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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-

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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

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:

  1. Complaints from members of the general public concerning employee misconduct.
  2. 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.
  3. 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.
  4. 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.