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Internal Affairs 5 Day Conference

Length of Seminar: 5 Days
Instructor: Multiple

Course Overview:

This five-day seminar will encompass practical aspects of:

• Citizen complaint acceptance and investigation
• Running an internal complaint investigation unit/process
• Adjudicating investigations
• Creating reasonable and defensible discipline
• Legal updates on police internal affairs and employee misconduct
• Civil liability connected to administrative investigations

This seminar is applicable to:

• Persons involved in public safety employee administrative investigations
• All public safety agency supervisors and managers
• Sheriffs, Chiefs of Police and other law enforcement CEOs
• Public Safety agency risk management and human resources personnel
• Persons representing public safety employees in disciplinary matters

Update on the current state of affairs in public safety employee misconduct allegations: Emerging trends in employee allegations…current challenges affecting administrative investigations…new approaches to identifying and managing employee misconduct…the increased incidence of criminal prosecution of public safety employees for on-duty incidents.

Current Legal Trends in Public Safety Discipline: Breaking cases which might predict a change in practices…new liability issues revolving around discipline and critical incident investigations.

Gateway to the System: Issues in complaint acceptance…necessity for definitions of what is a complaint and misconduct…common complaints of public perceptions of hindrances, hurdles and forms of intimidation…how to create a reasonable public complaint notice form/brochure…successful techniques for complaint acceptance…necessity for a supervisory preliminary investigation…supervising and monitoring the process…mediating citizen complaints.

Administrative interviews: Steps before you interview anyone…the necessity to do detailed planning before you act…issues of tape recording all interviews…general interview techniques…handling common problems…dealing with the accused employee…reasonable employee representation…living successfully under an Officers’ Bill of Rights…understanding and working within Garrity and other issues of compelled statements…how to monitor and assess your investigators’ interview skills and techniques.

Administrative Searches: Scope of administrative searches…agency vs. personal property…investigative searches…Social networks and Internet searches…computers and other data devices…use of videos…targeted vs. random searches…special needs searches…when is a warrant required.

Adjudication and discipline: Administrative insight as a foundation for your decisions…understanding what your complaint and discipline statistics mean…creating reasonable and defensible discipline…anticipate and build for an external appeal…where discipline charges can come from…what is a predisciplinary hearing…retirement and resignations in lieu of…most common defenses…last chance agreements.

Liability for deficient investigations: How your investigation can result in increased agency liability…individual investigator liability…how the plaintiff can successfully use your completed investigations to develop a custom and practice case.

Role of IA for force investigations: How the administrative investigation can more completely document use of force…ensuring that the force incident is examined from a broader perspective…examining force from an agency perspective…emerging issues in police use of force.

Domestic Misconduct involving public safety employees: The necessity to have procedures for employees who are victims as well as suspects…the necessity to develop an administrative policy rather than rely on criminal sanctions…criminal vs. administrative investigations…use of a no contact order…discipline options.

Sexual Misconduct involving public safety employees: State of affairs…9 common profiles of the involved employee…creating an agency environment…criminal vs. administrative investigation and who does what at what time…supervisory oversight and control…special investigative techniques…cases studies regarding agency and supervisory liability.

Brady and Giglio implications on law enforcement: Three significant areas now affected…need to develop protocol with your local prosecutor…changes required in investigative processes…implications on officer credibility…necessity to develop agency policy.

Conduct Unbecoming: What does this encompass…can we regulate conduct both on and off the job?...developing an agency policy…factors to consider when conducting an administrative investigation involving these allegations…fair and consistent enforcement and investigations.

Early Warning Systems: Why such as system is important…precursors which should alert supervisors to potential problem employees…minimal criteria for such a system…examples of up and running systems…benefits and detriments of an early warning system.

Auditing for the Internal Affairs process: Typical auditing techniques for completed investigations…how to evaluate your complaint acceptance system…looking at the high risk, high liability areas of special operations, property and evidence, use of force, and prisoner transportation/control.



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