COURSE DETAILS:
This five day seminar will encompass practical aspects
of:
Citizen complaint acceptance and investigation
Running an internal complaint investigation unit/process
How to conduct an acceptable administrative investigation
Adjudicating investigations
Creating reasonable and defensible discipline
Legal updates on police discipline
Civil liability connected to administrative investigations
This seminar is applicable to:
Persons involved in administrative investigations
All law enforcement supervisors and managers
Sheriffs, Chiefs of Police and other law enforcement CEOs
Personnel directors involved with law enforcement personnel
Risk management personnel
Person representing law enforcement personnel in disciplinary matters
Foundation for the System: “Importance
of firm definitions of what constitutes a complaint and what is misconduct...peculiarities
of Conduct Unbecoming allegations.
Gateway to the System: Issues
in complaint acceptance...common complaints of public complainant perceived
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 Issues: Managing
the system...maintenance of files and issues in purging...workload considerations...auditing
for quality control...confidentiality of records...considerations when
criminal acts may be involved...the value of classifications of complaints.
Investigative Control Measures: Standards
of care...critical points which affect investigations...when to consider
calling in another agency...importance of planning your investigation...evaluating
the complaint and expanding beyond the four corners of the allegation...why
you may need to know/learn current standards...organizing your investigation
before you investigate...use of a standardized case folder for quality
each incident...considerations in who should investigate these incidents...issues
to consider when you rely on an outside agency...role of the lead investigator...control
of “need to know” persons...dealing with the media...dealing with involved
employees...handling the issue of guns...practical and reasonable used
of photographic and video evidence...importance of evidence collection
and scientific analysis...role of Internal Affairs...critical incident
review techniques.
Emergency Provisions: Issues
which might give rise to the necessity for these provisions...essential
supervisory and administrative tools to have in place before you need
them...dealing with intoxicated employees...issues involved with employees
using prescribed medications...viable options your agency should have
available...special considerations when using psychological and other
external referral sources.
Current Pending Challenges For
Law Enforcement Agencies: External review...Consent decrees
and other forms of court/contractual agreements...why you should be
aware of these even if not subject to one...aspects of external review...if
you have one how to make it work in a reasonable manner to enhance
public safety service delivery
Current Legal Trends in Law Enforcement
Discipline: Breaking cases which might predict a change in practices...new
liability issues revolving around discipline and critical incident
investigations.
Administrative Interviews: Step
before you interview anyone...the necessity to do detailed planning before
you act...issues of taping recording all interviews...general interview
techniques...handling common problems during interviews...dealing with
the accused employee...living successfully under an Officer’s Bill of
Rights...understanding and working within Garrity and other issues with
compelled statements...successful interviews even with the presence of
complainant and employee representatives...how to monitor and assess
your investigators’ interview skills and techniques.
Code of Silence: Is it
real and should we acknowledge it?...how it affects administrative investigations...the
serious liability implications...dealing with it in a reasonable manner.
Adjudication: Administrative
insight as a foundation for your decisions...understanding what your
complaint and discipline statistics mean...issues in publishing your
outcomes…
Discipline: Creating reasonable
and defensible discipline...formalize the burden of proof in your agency...anticipate
and build for an external appeal...where discipline charges can come
from...using a value system for organizational performance...what the
pre-disciplinary hearing is and isn’t...most common defenses to employee
discipline...how to handle resignations and retirements in lieu of disciplinary
action...developing a contract in lieu of or last chance offer.
Liability for Deficient Administrative
Investigations: How your investigations can result in increased
agency liability...individual investigator liability for deficient
investigations which fail to meet standards of care...how a plaintiff
can successfully use your completed investigations to develop a custom
and practice case.
Protecting your Discipline during
External Appeal: Reasonable steps to anticipate external appeal...build
your defense early...how to ensure that your case is adequately presented
during this external appeal.
Pro-Active Administrative Enforcement: What
it is and how to do it...you may be doing it already and not know it.
Early Warning Systems: Why
such a system is important...precursors which should alert supervisors
to potential problem employees...minimal criteria for such a system...examples
of up and running systems...available off the shelf computer systems...benefits
and detriments of an early warning system. |
