[Ord. No. 1425 § 1, 3-21-1988]
To insure the prompt and thorough investigation of incidents
and complaints against City employees, to clear those who are innocent,
to determine the underlying causes which result in any unsatisfactory
conduct by City employees so that action may be taken to remedy any
problems, and to preserve the City's integrity and maintain employee
morale, the City hereby establishes procedures for the investigation
of complaints against City employees.
[Ord. No. 1425 § 1, 3-21-1988]
These procedures shall exclude:
[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 2471 § 1, 6-11-2007]
Complaints against City employees shall be reported in the following
manner:
1.
When an employee receives a complaint of criminal or improper conduct
against another employee or officer of the City, or when an employee
observes suspected criminal or improper conduct by another employee
or officer, the employee shall report the alleged or suspected violation
immediately to a supervisor.
2.
When an employee receives an anonymous phone call alleging criminal
or improper conduct of another City employee, that employee shall
obtain as much information as possible and report this information
to his/her supervisor immediately.
3.
When a complainant appears in person and desires to sign a complaint,
that person shall be directed to submit the complaint to the City
Clerk or the Chief of Police. If the complainant is unable or unwilling
to do this, the employee receiving the complaint shall request an
affidavit describing the complaint and shall submit this information
to his/her immediate supervisor. If the complaint is made by the alleged
victim, the complainant must sign the complaint and it must be notarized.
All other complaints should be signed by the complainant, if possible.
4.
When the complaint is against the employee's immediate supervisor,
the employee shall report the complaint to the next higher supervisor.
Complaints against the City Administrator or Chief of Police shall
be reported directly to the Mayor.
5.
Supervisors shall relay complaints to the City Clerk or Chief of
Police or Mayor as appropriate.
[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 2471 § 2, 6-11-2007; Ord.
No. 2484 § 1, 10-15-2007]
After a complaint is reported, it shall be provided as promptly
as possible to all persons constituting the investigating authority
as near the same time as possible. All such persons also shall be
notified of the existence of the complaint as promptly as possible
and as near the same time as possible. The investigating authority
shall consist of the following persons in the following situations:
1.
In the case of a complaint against any employee, except as provided
below, the department head of the employee and the City Administrator
or his designated representative; or
2.
In the case of a complaint against a member of the Police Department,
the Mayor and the Chief of Police; or
3.
In the case of a complaint against the Chief of Police, the Mayor
and all members of the Board of Aldermen. They shall make decisions
by a majority vote of the seven (7) persons constituting the investigative
authority. If the complaint against the Chief of Police as well as
any other information obtained by the investigative authority is determined
by majority vote of the Mayor and the members of the Board of Aldermen
to credibly allege criminal conduct, then the investigating authority
may designate the Boone County Sheriff to become the investigative
authority; or
4.
In the case of a complaint against the City Administrator, the Mayor
and the Mayor Pro Tempore; or
5.
In the case of an allegation of criminal conduct against an employee
other than a member of the Police Department, the Chief of Police.
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The investigative authority shall take whatever steps are deemed
necessary to complete the investigation of the complaint and/or allegation
of criminal conduct.
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[Ord. No. 1425 § 1, 3-21-1988]
A.
If not already accomplished, the Investigating Authority shall reduce
each complaint to writing.
B.
When the alleged act complained of is a crime, and the evidence is
such that had the crime been committed by a private citizen it would
have resulted in an arrest, a City Police Officer observing or having
knowledge of the incident shall explain the circumstance to his/her
immediate supervisor and request a decision as to whether the accused
employee should be arrested forthwith, or a warrant for arrest be
obtained, or whether criminal action should be delayed pending further
investigation by the Investigating Authority. The preferred method
is to delay arrest and present all facts and evidence to the Chief
of Police.
C.
Supervisory personnel shall themselves initiate the investigation
when the subject complained of is within the scope of their authority.
They shall not look to higher authority for the initiation of this
action, but shall report the findings of their preliminary investigation
by the proper Investigating Authority as soon as possible.
D.
A complaint investigation report shall be prepared for each complaint
investigated, and it shall contain the following information:
E.
During the investigation, if evidence indicates a criminal law has
been violated, the Investigating Authority shall continue with the
investigation and notify the County Prosecuting Attorney, requesting
a determination of prosecutorial action.
F.
When, on the face of the complaint, the Investigating Authority decides
an investigation is warranted, the accused employee shall be given
a written "Notice of Complaint Investigation". This notification shall
include the name of the complainant (if known), the date and location
of the incident, and the basic details of the complaint.
G.
Whenever the Investigating Authority decides that a personal interview
is necessary, the accused employee shall be notified in a verbal,
confidential manner. At this time an agreement shall be effected as
to a location where the accused employee can meet with the Investigating
Authority and personally receive a copy of the complaint. If the complaint
is of criminal conduct, the employee shall be informed of that fact
and advised of his constitutional rights. All subsequent investigation
shall be as if the allegation were made against a private citizen.
H.
Except in the case of criminal investigations, the accused employee
shall be kept informed of the status of the investigation.
[Ord. No. 1425 § 1, 3-21-1988]
Upon conclusion of the investigation (and where necessary, adjudication
of any criminal charges), the complaint shall be categorized as:
1.
Unfounded — allegations false or unfounded.
2.
Exonerated — incident occurred, but was lawful and proper.
3.
Not sustained — insufficient evidence available to prove or
disprove the allegation.
4.
Sustained — evidence sufficient to support the allegation.
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The Investigating Authority upon conclusion of the investigation
shall submit to the appropriate City officer a recommendation of disciplinary
action if the complaint is found to be sustained.
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The appropriate City officer shall then approve or disapprove
the recommendation and see that the appropriate action is taken regarding
the administration of the disciplinary action determined in the particular
case.
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The appropriate City officer shall notify the complainant, if
known, of the category of the conclusion reached through investigation,
and may report that "the appropriate disciplinary action will result
from that conclusion". However, except where criminal charges are
filed, the fact or any detail of the nature of the disciplinary action
shall remain confidential, except at the written request of the accused
employee.
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[Ord. No. 1425, § 1, 3-21-1988]
After the complaint has been investigated and a determination
has been reached, all of the reports, complaints, and other documents
concerning the case shall be placed in an envelope, sealed, and kept
with the employee's personnel file.
