Citizen Complaint

 Procedures

Who May Register a Complaint

A complaint may be made by any citizen, prisoner or member of the department. Complaints must be made in person. Anonymous complaints will be handled at the discretion of the chief of police.

A complaint may be submitted to any supervisor in the Police Department. All complaints are forwarded to the Internal Affairs Bureau whose regular office hours are 9 a.m. to 5 p.m., Monday through Friday. In addition, there is an investigator available upon request 24 hours a day, seven days a week.

 Every complaint, regardless of its nature, is assigned for investigation. Whenever possible, minor breaches of regulations are assigned to the supervisor of the accused officer's unit since discipline is recognized as a function of command.

 CAUTION

 If the investigation reveals the complaint was made maliciously, in bad faith or with knowledge that the accusation was false, steps shall be taken, whenever possible, to prosecute the complainant for making a false report of a law violation.

 Internal Affairs Section

 The function of the Internal Affairs Section is to protect the integrity of the Haines City Police Department and its personnel, both sworn and non‑sworn.

A proper relationship between the police and the citizens of Haines City, fostered by confidence and trust, is essential to effective law enforcement. Police officers must be free to exercise their judgment and to initiate action in a reasonable, lawful and impartial manner without fear or reprisal. At the same time, they MUST OBSERVE the rights of ALL people.

 This system of complaint and disciplinary procedures not only subjects the officer to corrective action when he conducts himself improperly, but also protects him from unwarranted criticism when he discharges his duties properly.

Complaint Procedure

 The more serious complaints generally fall under the following categories:

 Ø       Excessive Force

Ø       Unlawful Arrest

Ø       Bias Based Profiling

Ø       Missing Property or Money

Ø       Misconduct

 These complaints are thoroughly investigated. A report is prepared which includes sworn statements from the complainants, the accused and all witnesses.

 The complete investigative report also includes a narrative summary of the events and a finding of facts as determined by the sworn statements of those involved. Prior to conclusion, the report is reviewed by internal affairs for completeness and objectivity.

The report must not reflect any personal opinions but rather the circumstances as they occurred. This permits the examiner to make a proper recommendation based on the investigative findings presented.

 The report is then given to the chief of police. If he has reason to believe there was misconduct on the part of the employee, the chief shall convene the staff in the employee's chain of command to review the report.

 The staff members of the employee's chain of command will consist of the officer's immediate supervisor, division commander and the chief of police.

 Complaints are disposed of as follows:

       Unfounded: Incident did not occur or officer not involved.

       Exonerated: Incident occurred but officer acted lawfully and properly.

       Not Sustained: Insufficient evidence to prove or disprove the allegation.

       Sustained: Allegation is supported by sufficient evidence.

 In all cases, the officer is notified of the disposition.

There are five types of disciplinary action which can be recommended for a sustained case:

1.       Verbal reprimand ‑ administered orally by any supervisor in the chain of command of the employee and supported by a subsequent memorandum addressed to the Internal Affairs Bureau.

2.       Written reprimand ‑ A memorandum containing a statement of charge and reason for reprimand to the employee with copies to the  Internal Affairs Bureau and one copy placed in the officer's personnel file.

3.       Suspension ‑ all suspensions must be recorded by memorandum prepared for approval by the chief of police.

4.       Dismissal ‑ only the chief of police may dismiss an employee.

5.       Criminal prosecution.

 NOTICE

 If, in the opinion of the supervisor on duty, the person desiring to initiate a complaint is under the influence of alcoholic beverages or drugs, the person will be asked to return during normal working hours (9a.m. to 5p.m. Monday through Friday) to initiate their complaint.

 SUMMARY OF COMPLAINT PROCEDURES

 1.       Telephone the Internal Affairs Bureau Monday through Friday, 9a.m. to 5p.m. at 421‑3636.

2.       Come in person to the Internal Affairs Bureau of the Police Department, 34500 Hwy 27

3.       Present complaint to the internal affairs investigator or assigned supervisor.

4.       The case is then assigned for investigation and a report is made to the Chief of  Police.

5.       Administrative handling of the report with resulting staff recommendations.

6.       Final disposition by the Chief Of Police.

7.       You are informed of departmental disposition by personal contact.