Internal Affairs Policy and Procedure Law Enforcement Agency Employee Orientation Purpose of Internal Affairs The purpose of the internal affairs unit is to establish a mechanism for the receipt, investigation and resolution of complaints of officer misconduct. The integrity of individual law enforcement agencies as well as the reputation of the New Jersey criminal justice system can suffer if agencies fail to identify and correct officer misconduct. Internal Affairs Policy and Procedures (AG Guidelines) Originally issued in October 1991 Updated in November 1992 & 2000 Most recently updated September 2011 Compliance mandated in 1996 N.J.S.A. 40A:14-181 Available on-line at www.njpdresources.org (AG guidelines)
Accepting Reports Every agency must accept all reports of officer misconduct. This includes ANY person or source: -regardless of the age, race, ethnicity, religion, gender, sexual orientation, disability, or immigration status of the complaining party -regardless of whether they are made in person, by telephone, in writing or through a third party Accepting Reports Accepted at ANY time -do not ask complainants to return at another time Accepted in ANY form -reports or complaints of accepted even if the complainant declines to provide personal identification or contact information, including a signature, to the officer or employee who receives the report Every complaint shall be logged and investigated Log all complaints. Every report or complaint of officer/employee misconduct shall be thoroughly and objectively investigated to a logical conclusion.
Every complaint shall be logged and investigated An officer/employee shall not attempt to resolve or discuss the merits of a report or complaint. Only a supervisor is authorized to informally resolve a minor complaint that is based upon a misunderstanding of the law or accepted law enforcement practices. Complaints against the law enforcement executive must be referred to the prosecutor. If you receive a complaint Take the complaint seriously. Be courteous and professional. Follow agency policy to document and forward the complaint to the IA office. Contact a supervisor if you encounter a problem or need assistance. 8 Citizen Complaint Checklist All Law Enforcement Agencies will be issued these in an effort to provide a quick reference guide when receiving complaints 9
Actual law enforcement responses demonstrating compliance with the Attorney General Guidelines 10 Actual law enforcement responses demonstrating failure to comply with the Attorney General Guidelines 11 Does the following scenario 1. A member of the public calls the local Police Department wanting to know if they can log a complaint anonymously over the phone. The caller doesn t give many details to the officer and is vague when asked specific questions. The officer does not take the complaint due to the lack of information. 12
Answer Key 1. No. The Citizen Complaint Intake Checklist states: Reports or complaints of accepted from any person, including anonymous sources, at any time. It also states, Reports of complaints of accepted, whether they are made in person, by telephone, in writing or through a third party. 13 Does the following scenario 2. A member of the public shows up to a Police Department and wants to file a report against an Officer on behalf of a friend. She does not want to give the friend s name, nor does she want to have her name associated with the report. The receiving Officer continues to accept this report and submits it to a supervisor for review. 14 Answer Key 2. Yes. The Citizen Complaint Intake Checklist states, Reports of complaints of accepted, whether they are made in person, by telephone, in writing or through a third party. 15
Does the following scenario 3. A person shows up to a Police Department and wants to file a report against an officer. The complainant does not speak English but brought a friend along to translate for them. The officer asks if the complainant is an American citizen. 16 Answer Key 3. No. The Citizen Complaint Intake Checklist states: Complaints shall be accepted regardless of the age, race, ethnicity, religion, gender, sexual orientation, disability or immigration status of the complaining party. Also, complaints of misconduct must be accepted through a third party. 17 Does the following scenario 4. An angry mother wants to file a report against an officer on behalf of her 19-year-old daughter who was recently arrested for shoplifting. The mother believes that the daughter is innocent and was targeted by the police. The Police Department refuses to accept the complaint because the involved party is not present to file the report and the accusations against the Department are ludicrous. 18
Answer Key 4. No. The Citizen Complaint Intake Checklist states, Reports of complaints of accepted, whether they are made in person, by telephone, in writing or through a third party. Even if a complaint is unlikely to be sustained, it must be accepted and investigated. 19 Does the following scenario 5. A 14-year-old boy wants to file a report against an officer, but is not present with an adult or guardian. The Police Department representative informs the minor that he must first have an adult or guardian present with them when giving a report. 20 Answer Key 5. No. The Citizen Complaint Intake Checklist states: Complaints shall be accepted regardless of the age, race, ethnicity, religion, gender, sexual orientation, disability or immigration status of the complaining party. 21
Does the following scenario 6. An employee who took a minor complaint from a citizen attempts to discuss the complaint and resolve it with the officer who s the subject of the complaint. 22 Answer Key 6. No. The Citizen Complaint Intake Checklist states: An officer/employee shall not attempt to resolve or discuss the merits of a report of complaint. Only a supervisor is authorized to informally resolve a minor complaint that is based upon a misunderstanding of the law or accepted law enforcement practices. 23 The Bottom Line... Agencies that make a vigorous commitment to the internal affairs process signal their desire to comply with the highest standards of professionalism in law enforcement, and insure that police officers will be accountable for their actions to both the agency and the community. Attorney General Guidelines- 24
Internal Affairs Citizen Complaint Intake Checklist The following provisions of the Attorney General s Internal Affairs Guidelines are provided as a ready reference for officers and employees when dealing with any member of the public who inquires about, or indicates a desire to initiate a complaint against an officer or employee of this agency: 1 2 3 4 5 6 Reports or complaints of officer/employee misconduct must be accepted from any person, including anonymous sources, at any time. Complaints shall be accepted regardless of the age, race, ethnicity, religion, gender, sexual orientation, disability or immigration status of the complaining party. Reports or complaints of accepted, regardless of whether they are made in person, by telephone, in writing or through a third party. Reports or complaints of accepted even if the complainant declines to provide personal identification or contact information, including a signature, to the officer or employee who receives the report. Every report or complaint of officer/employee misconduct shall be thoroughly and objectively investigated to a logical conclusion. An officer/employee shall not attempt to resolve or discuss the merits of a report or complaint. Only a supervisor is authorized to informally resolve a minor complaint that is based upon a misunderstanding of the law or accepted law enforcement practices. NJ Office of the Attorney General Department of Law & Public Safety www.njpdresources.org 12.12.12 Additional Copies: 609.292.4791 Internal Asuntos Internos Affairs Citizen Lista de Complaint chequeo cuando una persona pone Intake una queja Checklist Las siguientes estipulaciones de las Directrices de Asuntos Internos del Fiscal General son proveídos como una referencia pronta para los policías y empleados que tratan con cualquier miembro del público que pregunte acerca de, o desee poner una queja en contra 1 de un policía o empleado de esta agencia. All citizen complaints shall be documented 1 Reportes and o investigated. quejas de conducta inapropiada de un policía/ empleado tienen que aceptarse de cualquier persona, 2incluyendo Complaints fuentes may anónimas, be accepted a cualquier in person, tiempo. over the phone, in writing or through a third party. 2 Las quejas tienen que aceptarse sin tener en cuenta la edad, 3raza, Anonymous etnicidad, religión, complaints, sexo, or orientación from persons sexual, discapacidad o estado who de wish inmigración their names de to la be persona held in que confidence, pone la queja. shall be accepted for investigation. 3 Reportes o quejas de inapropiada conducta de un policía/ 4empleado tienen que aceptarse sin tener en cuenta si están Complaints shall be accepted at any time. hechas en persona, por teléfono, por escrito o a través 5de una Complaints parte tercera. shall be accepted regardless of the age, race, ethnicity, religion, gender, sexual orientation, 4 Reportes o quejas de inapropiada conducta de un policía/ empleado disability tienen or que immigration aceptarse status incluso of the cuando complaining el que pone party. la queja no quiere proveer identificación personal o información 6 de contacto, Officers incluyendo shall not attempt una firma, to resolve al policía a complaint o empleado or discuss que recibe the merits el reporte. of a complaint with the complainant, but shall accept the complaint and then promptly notify a supervisor. 5 Cada reporte o queja de conducta inapropiada de un policía/ 7empleado No member serán investigados, of the department por completo shall have y objetivamente, contact with a una a conclusión complaining lógica. party or witness after a citizen s complaint Ningún is received, policía/empleado except at intentará the direction resolver of the o Chief comentar of Police. 6 sobre 8el mérito Complaints de un reporte shall be o una accepted queja. regardless Solamente of un what supervisor está autorizado biographical a resolver information informalmente the complainants una queja wish de to poca gravedad que está basada en un malentendido de la ley o withhold from the officer receiving the complaint. prácticas aceptadas por la policía. NJ Oficina Office del of Fiscal the Attorney General General de Nueva Jersey Department Departamento of de Law Leyes & Public y Seguridad Safety Pública www.nj.gov/oag/checklist www.njpdresources.org 10.12 12.12.12 Additional Copias Copies: Adicionales: 609.292.4791