Internal Investigations For Small Police and Fire Departments

1. Internal Investigations For Small Police and Fire Departments Presented By Gary M. Brye January 31, 2019 Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

2. To focus on issues related to serious allegations that are Non-Criminal in nature and can normally result in: • Discharge • Suspension • Demotion • Criminal allegations are to be investigated separately Purpose Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

3. The Three Major Areas of the Internal Investigative Process That Can Cause You Problems Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

4. Chapter 614 (Texas Government Code) • Who is Responsible for Conducting the Actual Investigation • Documentation - “Document, Document, Document” • The Department’s Reputation and Public Image is at Stake Overview Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

5. § 614.021 • a firefighter who is employed by this state or a political subdivision of this state • a peace officer under Article 2.12, Code of Criminal Procedure, or other law who is appointed or employed by a political subdivision of this state • § 614.022 • Complaint must be in writing and signed by the person making the complaint • § 614.023 • A copy of the signed complaint must be given to the employee within a reasonable time Texas Government Code Chapter 614 Subchapter B Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

6. § 614.023 continued • Disciplinary action may not be taken unless a copy of the signed complaint is given to the employee • Employees may not be terminated unless the complaint is investigated and there is evidence to prove the allegation of misconduct Texas Government Code Chapter 614 Subchapter B Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

7. If your department operates under Meet and Confer OR a Collective Bargaining Agreement AND, • Your department has your own Internal Investigation rules, regulations, policies, and procedures • Chapter 614 does not formally apply, however, the basic premise of 614 still applies Chapter 143 Civil Service & Chapter 174 Fire and Police Employee Relations Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

8. In summation, if your department does not have rules, regulations, policies, and procedures related to the investigation of, and disciplinary action resulting from a complaint against a police officer or firefighter, then your department has to comply with Chapter 614 Subchapter B Chapter 143 Civil Service & Chapter 174 Fire and Police Employee Relation Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

9. It is conducted by ______ • Inside the Organization • Outside 3rd Party • Cooperative Method The Investigation Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

10. Training • Respected • Detail Oriented • Fairness – Equal Treatment to all Stakeholders • Delegated Authority with Commensurate Accountability/Responsibility Inside the Organization:Chief or delegate Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

11. Impartiality when Impartiality is Paramount • No Preconceived Expectations • Pass the Buck • Talk To Attorneys Outside 3rd Party Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

12. Think Outside The Box • Department’s Image and Public Reputation • Outside investigations of Motor Vehicle Accidents • Fire service mutual response programs • Police Multi-Agency Special Weapons and Tactics Teams Cooperative Method Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

13. Process • Develop Investigative Cooperative Agreements with other Agencies • Develop Standardized Policies and Procedures • Police and Fire Department Best Practices Programs • Potential For Increased Community Involvement, Support, and Acceptance Cooperative Method Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

14. Clear and Concise methodology • Factual and Objective – Not Personal • Logical Progression of Information • Sworn Statements • IF NOT DOCUMENTED – Did not happen • Always prepare the reports as if they will be reviewed by a Court DocumentationRecord All Interviews-audio/video Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

15. Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

16. Police Officer terminated • Filed suit (claiming due process violation) • Federal District Court – dismissed lawsuit due to no protected property interest (Federally) • Officer Appealed • 5th Circuit upheld District Court’s holding • ** Prevents 42 U.S.C. challenges against Chapter 614. Stern v. Gomez & City of Hearne No. 520284 (5th Cir. Feb. 8, 2016) Internal Investigations for Small Police and Fire Departments Brye Consultants LLC

17. County Attorney notified Sheriff of concerns after viewing deputy’s video • Deputy Staff was providedwith Deficiency Notice signed by Lt. Neisner • Termination recommended after investigation • Staff Appealed on process allegations and not on facts • Sheriff upheld termination • Court Held: • Deficiency Notice meets requirements of “signed complaint” • Staff received copy within 2 days meets requirements of “notice” • Previous question on “signed by complainant” having to be “victim” answered. This can be done by supervisor, investigator, etc. Colorado County et al., v Marc Staff No 15-0912 (Texas Supreme Court Feb. 3, 2017) Internal Investigations for Small Police and Fire Departments Brye Consultants LLC