Town of Madison

Police Dept.

Title:

Complaint Review

Effective Date:

January 1, 2005

Number:

004

No. Pages:

Special Instructions:

Replaces P008 dated 06/20/03

Reference: 62.13(5), 66.0511(3), 946.66, 946.68, Articles of Conduct

Distribution: All Personnel

Reevaluation Date: December 1, 2005

Index as: Complaint Review, Citizen complaint, Complaint Against Officer

I. PURPOSE

The purpose of this policy is to inform all sworn employees of departmental procedures for addressing complaints of misbehavior and misconduct. This policy does not supersede applicable laws, statutes, ordinances or rules of the State of Wisconsin, Town of Madison, or Town of Madison Board of Police and Fire Commissioners.

II. POLICY

It is the policy of this department to investigate all complaints of alleged officer misbehavior or misconduct to determine whether the allegations are valid or invalid and to take appropriate action.

III. PROCEDURES

A. Bases for Disciplinary Action

1. Officers may be subject to discipline for just cause, including, but not limited to, the following:

a. A violation of local, state or federal law;

b. Conduct unbecoming an officer;

c. Incompetence;

d. A violation of written or verbal departmental rules, policy, procedure, practice or orders;

e. Nonfeasance;

f. Insubordination;

g. Failure to perform or improper performance of official duties;

h. Other conduct which his reasonably subject to disciplinary action

B. Role of Sworn Officers

1. It shall be the duty of all personnel to report allegations of employee misbehavior or misconduct to any supervisor.

2. Any member of this Department, sworn or civilian, who fails to or refuses to report employee misbehavior or misconduct shall be subject to disciplinary action up to and including dismissal from the Department.

3. No member of the Department who is the subject of a misbehavior or misconduct complaint shall intentionally take any action against the complainant in retaliation for filing the complaint. Any employee who retaliates against another as a result of the filing of such complaint shall be subject to disciplinary action up to and including dismissal from the Department.

C. Complaints

1. All complaints pertaining to departmental policies or procedures or that allege officer misbehavior or misconduct shall be documented and investigated by the department.

a. Complaints may be given in person, in writing, over the telephone, or via other electronic means (e-mail).

b. Anonymous complaints will be accepted for investigation; however, the department reserves the right to abridge these procedures or standards to reasonably act on or decline to act on anonymous complaints to the extent appropriate.

2. Complaints shall be accepted by all sworn members of the department who are approached for assistance. Complaints shall be forwarded to any supervisor by the officer taking the complaint as soon as practicable.

3. Supervisors who accept complaints shall document receipt of the complaint in writing as soon as practicable. Supervisors may attempt to resolve a complaint by an exploration of departmental policies and procedures, where applicable. Attempts to resolve complaints shall be noted on the complaint form.

4. Complaint investigations shall be completed within a reasonable amount of time.

5. Complainants shall be advised of the departmental procedures for the processing and investigation of complaints.

6. Complainants shall be advised as to the status of their complaint.

7. Complainants shall be informed that they may file charges independent of the department directly with the Town of Madison Board of Police and Fire Commissioners.

8. Any person making a false complaint regarding the conduct of a law enforcement officer is subject to a Class A forfeiture (see § 946.66 Wis. Stats.)

D. Supervisor Investigation

1. Upon becoming aware of or receiving notification of potential misbehavior or misconduct of a department officer, or being assigned a complaint for investigation, a supervisor shall begin an investigation of such allegations.

2. The supervisor’s investigation shall include, but not be limited to, interviewing complainants, witnesses and officer(s) involved in the complaint and securing all relevant evidence to the extent appropriate and necessary to the investigation.

a. If at any time throughout the supervisor’s investigation it appears that there may be probable cause to believe the subject(s) of the investigation have committed a violation of the law, the investigating supervisor shall immediately notify the Chief of Police.

b. The Chief of Police shall make a determination whether to initiate a criminal investigation, and whether the criminal investigation is to occur concurrently or consecutively with the internal investigation.

3. Upon completing the investigation, the supervisor shall forward to the Chief of Police the following:

a. A report of the alleged violation;

b. All documents and evidence relating to the investigation;

c. Recommendations for further investigation or other disposition of the case (i.e. referral to the district attorney);

d. Recommendations for disciplinary action (if applicable).

E. Officer Rights During an Internal Investigation

1. Officers shall be subject to:

a. Section § 62.13 Wis. Stats.; and

b. Procedures adopted by the Town of Madison Board of Police and Fire Commissioners.

F. Chief of Police Action

1. Upon receipt of a completed internal investigation by a supervisor, where appropriate, the Chief of Police shall make a determination if further investigation is needed and, if necessary in the discretion of the Chief, order such investigation.

2. After completion of all investigations, the Chief of Police shall review the investigation along with all supporting evidence, and shall give final approval of the disposition of the complaint. The following dispositions, or other appropriate disposition, may be given:

a. Sustained: Evidence sufficient to prove allegations.

b. Not Sustained: Insufficient evidence to either prove or disprove allegations.

c. Exonerated: Incident occurred but was lawful or proper.

d. Unfounded: Allegation is false or not factual.

3. Upon final approval, the Chief of Police shall ensure delivery and service of the disposition, including any disciplinary recommendation, to the officer named in the complaint.

G. Discipline with Charges – Suspensions, Demotions or Dismissals

1. When disciplinary action results in demotion or dismissal, the Chief of Police shall file a formal Statement of Charges with the Board of Police and Fire Commissioners. When disciplinary action results in a suspension, the Chief of Police shall file a Statement of Charges with the Board if the officer requests a hearing to the extent required by law.

2. The Statement of Charges shall include the following to the extent appropriate and necessary:

a. A statement of the alleged acts or omissions;

b. The dates and places where the alleged acts or omissions occurred;

c. The particular rule(s) alleged to have been violated;

d. Request for Hearing before the Police and Fire Commission; and

e. The recommended disciplinary action.

3. The Chief of Police or designee shall ensure that the accused officer(s) be served with the charges in accordance with § 62.13(5)(d) Wis. Stats..

H. Police and Fire Commission Hearing

1. Hearing proceedings shall comply with the rules set forth in § 62.13(5) Wis. Stats., and the applicable rules of the Board, as follows:

a. The officer may obtain a representative for the hearing;

b. The officer may present evidence and witnesses on his or her behalf;

c. The officer may cross-examine adverse witnesses;

d. The proceedings shall be recorded or transcribed;

e. Witnesses shall testify under oath, when authorized by law; and

f. The hearing shall be open to the public in accordance with all applicable state laws.

I. Review – An officer may seek review of any decision of the Board of Police and Fire Commissioners as provided by state law.

BY ORDER OF:

Scott T. Gregory

Chief of Police