HR-603 Law Enforcement Internal Affairs Policy

Summary

This policy addresses the �ò��Ⱦò��Ƶ of Missouri’s law enforcement agencies and provides internal affairs requirements for commissioned law enforcement officers.

If any part of this policy does not reflect the Collected Rules and Regulations (CRR), the provisions of the CRR will govern.

HR Policy Provisions

Policy Statement and Purpose
1. In accordance with Missouri law, the �ò��Ⱦò��Ƶ of Missouri is authorized to appoint and employ police officers with the same authority to arrest for a violation of the criminal code as held by other peace officers of the State.
2. This policy provides internal affairs requirements for the �ò��Ⱦò��Ƶ’s Law Enforcement Agencies and Law Enforcement Officers.
3. This policy will be construed and applied in a manner to comply with applicable laws, including but not limited to Missouri Revised Statutes Section 590.502, and the Collected Rules and Regulations (CRR) of the �ò��Ⱦò��Ƶ of Missouri. If any part of this policy is inconsistent with applicable law or the CRR, the law and then the CRR will govern.
At-Will Employment Status – Nothing contained in this policy is intended and no language contained herein shall be construed as establishing a “just cause” standard for imposing discipline, including but not limited to, termination of employment. Further, nothing contained in this policy is intended and no language contained herein shall be construed to alter in any manner whatsoever the at-will employment status of any at-will �ò��Ⱦò��Ƶ employee.
Definitions
1. Administering Authority – The highest-ranking officer in the Law Enforcement Agency with authority to hear and make final decisions regarding appeals of disciplinary actions issued by the Law Enforcement Agency.
2. Economic Loss – Any economic loss including, but not limited to, loss of overtime accrual, overtime income, paid time off balances or accruals, secondary employment income, and holiday pay.
3. Law Enforcement Agency – A �ò��Ⱦò��Ƶ administrative unit that appoints and employs Law Enforcement Officers. The �ò��Ⱦò��Ƶ’s Law Enforcement Agencies are: �ò��Ⱦò��Ƶ of Missouri Police Department, �ò��Ⱦò��Ƶ of Missouri-Kansas City Police Department, Missouri S&T �ò��Ⱦò��Ƶ Police Department, and �ò��Ⱦò��Ƶ of Missouri-St. Louis Police Department.
4. Law Enforcement Officer – A �ò��Ⱦò��Ƶ employee who is employed by a Law Enforcement Agency, other than the highest-ranking officer of a Law Enforcement Agency, who is a commissioned peace officer and who has taken and subscribed an oath to faithfully and impartially discharge the duties of their office.
Complaints Against Law Enforcement Officers
1. Any person, including members of the same Law Enforcement Agency as the officer under investigation, filing a complaint against a Law Enforcement Officer shall have the complaint supported by a written statement outlining the complaint that includes the personal identifying information of the person filing the complaint.
  1. The personal identifying information of the person filing the complaint shall be held confidential to the extent permitted by law.
  2. If a complaint does not include the personal identifying information of the person filing the complaint, or if the person filing the complaint wishes to remain anonymous, the Law Enforcement Agency may determine whether there is a sufficient basis to proceed with an investigation. If the Law Enforcement Agency determines there is a sufficient basis to proceed with an investigation, the Law Enforcement Agency or a member of the Law Enforcement Agency may act as the person filing the complaint.
2. A Law Enforcement Agency shall have ninety (90) calendar days from receipt of a complaint against a Law Enforcement Officer to complete an investigation, determine the disposition of the complaint, and render a disciplinary decision, if any.
  1. The Law Enforcement Agency may, for good cause, petition the Administering Authority for an extension of this time. A request for extension of time shall state sufficient evidence or facts to support the requested extension of time. Absent consent from the Law Enforcement Officer under investigation, the Administering Authority shall set the request for extension for hearing and shall provide notice of the hearing to the Law Enforcement Officer under investigation. The Law Enforcement Officer shall have the right to attend the hearing and to present evidence and arguments against extension.
  2. If the Administering Authority finds the Law Enforcement Agency has shown good cause for the granting of an extension of time, the Administering Authority shall grant an extension of up to sixty (60) calendar days.
  3. The Law Enforcement Agency is limited to two extensions per investigation; except that, if there is an ongoing criminal investigation there shall be no limitation on the amount of sixty-day extensions. For good cause shown, the internal investigation may be tolled (i.e., postponed) until the conclusion of a concurrent criminal investigation arising out of the same alleged conduct.
Administrative Investigations and Questions
1. Whenever a Law Enforcement Officer is under administrative investigation or subject to administrative questioning that may lead to disciplinary action, demotion, dismissal, transfer, or placement on a status that could lead to economic loss, the investigation or questioning shall be conducted in accordance with this Paragraph E. A Law Enforcement Officer who is subject to administrative investigation or questioning that the officer reasonably believes may result in disciplinary action, demotion, dismissal, transfer, or placement on a status that could lead to economic loss may request that the investigation or questioning be conducted in accordance with this Paragraph E, and such request shall not be unreasonably denied.
2. A Law Enforcement Officer who is the subject of an administrative investigation shall be informed, in writing, of the existence and nature of the alleged violation and the individuals who will be conducting the investigation. Such notice shall be provided to the Law Enforcement Officer along with a copy of the complaint at least twenty-four (24) hours prior to any interrogation or interview of the officer.
3. A Law Enforcement Officer who is under administrative investigation is entitled to have an attorney or duly-authorized representative present during any questioning or interview that may result in disciplinary action. The questioning or interview shall be suspended for a period of up to twenty-four (24) hours if the Law Enforcement Officer requests representation. The Law Enforcement Officer and their attorney or representative shall have the opportunity to review the complaint prior to the Law Enforcement Officer being questioned or interviewed. The attorney or representative shall be permitted to confer with the Law Enforcement Officer but shall not unduly disrupt or interfere with the interview.
  1. When a Law Enforcement Officer is questioned or interviewed regarding matters pertaining to their law enforcement duties or actions taken within the course and scope of their employment, such questioning or interview shall be conducted under the following conditions.
  2. Prior to being interviewed or questioned, the Law Enforcement Officer shall be advised of the rule set out in Garrity v. New Jersey, 385 U.S. 493 (1967), specifically that the Law Enforcement Officer is being ordered to answer questions under threat of disciplinary action and that Law Enforcement Officer’s answers to the questions will not be used against the officer in criminal proceedings. Law Enforcement Officers shall not be threatened, harassed, or promised rewards to induce them into answering any question; except that, Law Enforcement Officers may be compelled to give Garrity statements to an investigator under the direct control of the �ò��Ⱦò��Ƶ, but such compelled statements shall not be used or derivatively used against the officer in any aspect of a criminal case brought against the officer.
  3. The Law Enforcement Officer shall be questioned by up to two investigators and shall be informed of the name, rank, and command of the investigator(s) conducting the investigation. Separate investigators shall be assigned to investigate alleged departmental policy violations and alleged criminal violations.
  4. The questioning or interview shall be conducted at a secure location at the agency that is conducting the investigation or at the place where the Law Enforcement Officer reports to work, unless they consent to another location, and it shall be conducted for a reasonable length of time and only while the Law Enforcement Officer is on duty unless reasonable circumstances exist that necessitate questioning the officer while they are off duty. Interview sessions shall be for a reasonable period of time, and there shall be times provided for the officer to allow for such personal necessities and rest periods as are reasonably necessary.
4. Within five (5) calendar days of the conclusion of the investigation, the investigator or investigators shall inform the Law Enforcement Officer who is under investigation, in writing, of the investigative findings and any recommendations for further action, including discipline. If the recommendations for further action include suspension without pay, demotion, termination, transfer, or placement on a status resulting in economic loss, the Law Enforcement Officer shall be notified of their right to a full due process hearing upon request in accordance with Paragraph F.
Disciplinary Action – Hearing and Decision
1. Law Enforcement Officers who are suspended without pay, demoted, terminated, transferred, or placed on a status resulting in economic loss shall be entitled to a full due process hearing in accordance with this Paragraph F. This Paragraph includes, but is not limited to, termination during a probationary or qualifying period pursuant to Collected Rules and Regulations Section 320.040 and HR-109 or other probationary or training period established by the Law Enforcement Agency.
2. Law Enforcement Officers who are suspended without pay, demoted, terminated, transferred, or placed on a status resulting in economic loss shall be informed in writing of the proposed disciplinary action and their right to a hearing upon request. Such notice shall be provided to the Law Enforcement Officer at least seven (7) calendar days prior to the hearing date and time, and the Law Enforcement Officer shall be provided an opportunity to access and review documents that are in the �ò��Ⱦò��Ƶ’s possession and that were used as a basis for the proposed disciplinary action at least seven (7) calendar days prior to the hearing.
3. A hearing shall be conducted under the following conditions.
  1. The Law Enforcement Officer shall have the right to be represented by an attorney or other individual of their choice during the hearing.
  2. The Law Enforcement Officer has the right to refuse to testify at the hearing if the officer is concurrently facing criminal charges in connection with the same incident. A Law Enforcement Officer’s decision not to testify shall not result in additional charges or discipline.
4. The Administering Authority’s decision following the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the case. A copy of the Administering Authority’s decision accompanying findings and conclusions shall be delivered or mailed promptly to the Law Enforcement Officer or to their attorney or representative of record.
5. The Administering Authority’s decision shall be final. Further appeals and grievances are not permitted. Law Enforcement Officers shall have the opportunity to provide a written response to any adverse materials placed in their personnel file, and such written response shall be permanently attached to the adverse material.
6. Law Enforcement Officers shall have the right to compensation for any economic loss incurred during an investigation if the officer is found to have committed no misconduct.
Other Policy Provisions
1. Notice – Notice required by this HR-603 may be provided in person, via the Law Enforcement Officer’s university-issued email account, or by first-class mail to the Law Enforcement Officer’s mailing address indicated in �ò��Ⱦò��Ƶ records. If necessary, notice may be via the Law Enforcement Officer’s personal email account.
2. Records
  1. The Law Enforcement Agency shall keep a complete record of an administrative investigation conducted under Paragraph E.
    - Upon completion of an administrative investigation, a copy of the entire record, including, but not limited to, audio, video, and transcribed statements, shall be provided to the Law Enforcement Officer who is the subject of such administrative investigation or their attorney or representative within five (5) business days of the Law Enforcement Officer’s request. The Law Enforcement Agency may request a protective order to redact all personal identifying witness information.
    - All records compiled as a result of a Law Enforcement Agency’s administrative investigation conducted under Paragraph E shall be held confidential and shall not be subject to disclosure under Missouri Revised Statutes Chapter 610, except by lawful subpoena or court order, by release approved by the Law Enforcement Officer, or as provided in Missouri Revised Statutes Section 590.070.
  2. The Law Enforcement Agency shall keep a complete record of a hearing conducted under Paragraph F. The record shall be provided to the Law Enforcement Officer who is the subject of such hearing or their attorney or representative upon written request.
    - The entire record of a hearing conducted under Paragraph F shall remain confidential and shall not be subject to disclosure under Missouri Revised Statutes Chapter 610, except by lawful subpoena or court order.
    - The Law Enforcement Agency shall transmit copies of the Administering Authority’s decision under Paragraph F and the Law Enforcement Officer’s written response to such decision, if any, to Human Resources for inclusion in the Personnel File.
3. Disciplinary Actions – Unless otherwise stated in this HR-603, Law Enforcement Officers are subject to HR-601, Disciplinary Guidelines.
4. Anti-Discrimination and Title IX Policies – Alleged violations of the �ò��Ⱦò��Ƶ’s Anti-Discrimination and/or Title IX policies should be addressed following the applicable Equity Resolution Process found in the Collected Rules and Regulations, Chapter 600. Title IX Coordinators and Equity Officers should consult with the Chief Human Resources Officer and the Office of the General Counsel to ensure the Equity Resolution Process provides procedures that are substantially similar to or greater than this HR-603.
5. Non-Grievable Issues – In accordance with Collected Rules and Regulations Section 380.010, Grievance Procedure for Administrative, Service and Support Staff, disciplinary actions or involuntary terminations which result from investigations conducted under Paragraph E of this HR-603 and/or hearings conducted under Paragraph F of this HR-603 are not eligible grievable issues.
6. Other Internal Affairs Policies – Law Enforcement Agencies may adopt other internal affairs policies not inconsistent with law, �ò��Ⱦò��Ƶ rules or regulations, and this policy.

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Summary

HR Policy Provisions

See Also

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