9(e) - Internal Affairs Complaints

COMPLAINTS

2.1 A complaint shall be defined as an expression of dissatisfaction - made through Internal Affairs - of the actions, omissions, or standard of service of a Law Enforcement Officer, Dispatcher, or Secret Service Agent, which is alleged to have resulted in a clear and defined breach of Departmental policy and/or the Paralake Penal Code.

2.2 Internal Affairs, Professional Standards, and/or the Chiefs of Department shall be required to investigate a complaint unless there is a valid reason not to and shall consider each complaint on its merits. It shall not be possible to make a complaint about something that:

• has already been considered under this policy and nothing has fundamentally changed since

• has its own appeals process, such as performance-related or division-specific disciplinaries

• is being, or has been investigated, by the Advisory Board

• would be considered a grievance, which shall be defined as an expression of disagreement with a management decision.

2.3 If a complaint is not taken forward for investigation, Internal Affairs shall inform the Complainant of the decision and provide them with an explanation. The Complainant shall be able to challenge this by creating a helpdesk ticket towards Professional Standards. This can be handled by a Professional Standards Member or the Chiefs of Department.

2.4 It shall be possible to make a complaint against any Law Enforcement Officer, Dispatcher, or Secret Service Agent regardless of their rank, division, or roles. If the Defendant no longer holds a rank, the complaint shall be dealt with as if they were still in active service.

2.5 The time limit for submitting a complaint shall be no later than 21 days from the allegations having taken place. A complaint outside of this timeframe shall be closed without investigation. Internal Affairs shall reserve the right to investigate complaints older than 21 days if deemed necessary by the Head of Professional Standards or the Chiefs of Department.

2.6 Everyone shall have the right to submit a complaint at any time, except where they have been excluded from doing so. The Head of Professional Standards or above can exclude someone, for reasons such as:

• having submitted unreasonably persistent complaints

• having exhibited unreasonable behaviour during investigations

• having misused the complaints process by making malicious or frivolous complaints

• being Community Wide Banned

2.7 It shall be possible to make a complaint on behalf of another person by proxy, unless that person has been excluded from making complaints. Internal Affairs shall check with that person to ensure that the proxy has both consent to act on their behalf and to be given any relevant information found during the investigation about them or the incident.

2.8 It shall be the right of the Complainant to submit their complaint anonymously, withholding their identity from Internal Affairs. This right may be waived if necessary by the Chief of Department. Complainants are automatically anonymous to the Defendant.

2.9 It shall be possible for Defendants to be suspended indefinitely during the course of a complaint if it is deemed necessary by either Internal Affairs Command or a Professional Standards Member.

3.0 It shall be the responsibility of Internal Affairs Command to determine whether an investigated complaint should be fast-tracked, or undergo either a Complaint Committee Expedited Review or Meeting Review:

• Fast-Track: for non-controversial, simple cases that do not require voting input of the Complaint Committee, where the decision and disciplinary action is determined by the Head of Internal Affairs, a Professional Standards Member, or higher.

• Expedited Review: for all cases of Minor Misconduct and less controversial cases of Misconduct. 3 Junior Complaint Committee Members are chosen by the system at random to vote for an outcome on a complaint asynchronously, with the decision processed by a Senior Complaint Committee Member or the Chair.

• Meeting Review: for more controversial cases of Misconduct and all cases of Gross Misconduct. The Chair or a Senior Complaint Committee Member calls a recorded meeting on TeamSpeak, where attending Complaint Committee Members debate and vote on an outcome.

3.1 It shall ultimately be for the Complaint Committee, Professional Standards and/or the Chiefs of Department to decide upon complaint outcomes and any associated disciplinary action. There are 4 possible complaint outcomes:

• Unfounded: the investigation has conclusively found that the allegations did not occur.

• Not Sustained: the investigation has produced insufficient evidence or information to prove or disprove the allegations.

• Exonerated: the allegations did occur but they were either justifiable, legal, or in keeping with Departmental policy, and there was no wrongdoing.

• Sustained: the allegations did occur and there was wrongdoing, amounting to either a form of misconduct or a poor standard of service.

3.2 Defendants shall have the right to share publicly that they have received a complaint or disciplinary action, but not the right to share any of the details or the identity of the Complainant. The details of the complaint shall be bound by a confidentiality agreement which extends between: the Complainant, the Defendant. Internal Affairs, Professional Standards, the Complaint Committee, and the Chiefs of Department.