Minneapolis Police Department Internal Affairs Unit

1. Minneapolis Police Department Internal Affairs Unit Sgt. Melissa Chiodo (612) 673-2748

2. Purpose of Internal Affairs • Maintain and ensure the integrity of the MPD and its employees • Protect the public from abuse of power • Protect employees from false allegations • Establish a mechanism for receiving, investigating, and resolving allegations of misconduct

3. Purpose of IAU is to balance the rights of the public and to protect officers from false complaints. • 5 News Car Chase - False Complaint.mpg • (Click the link above to play video) • Squad video demonstrates that complaints against officers were completely false.

4. Unit Makeup • One unit commander • Nine investigators • Experienced in the following areas: • Homicide • Sex Crimes • Family Violence • Patrol Supervision • Property Crimes • Traffic Enforcement • Specialized training in: • Use of Force Investigations • Internal Affairs Case Investigations • Officer-Involved Shooting Investigations • Ethics • In Custody Death • Two civilian support staff

5. What IAU Investigates.. • IAU investigations may begin as a result of: • External or internal allegations of misconduct • Civil lawsuits filed against the MPD • Civil rights investigations • A critical incident as defined by policy • Arrest or criminal charges against an employee • Use of force issues generated via complaint or as a result of the internal force review process

6. External Complaints • PCIR Form • Standardized method resulting from Federal Mediation Agreement • Allows for tracking of complaints • Allows complainant to choose between IAU and Civilian Review Authority as investigating agency • Available in multiple languages • Distributed via multiple agencies and locations • IAU Office • On-line • Precincts • Various Community Sites

7. It can take more time to blow off a complaint than to actually listen to it…

8. Internal Complaints come from…. • Coaching Document • Memo • Email

9. IAU Investigative Process • For the public to have faith in the ability of the police department to police itself we often must investigate issues even when the complaints appear to be less then credible at the onset. • We work to get to the truth and will support officers when the facts indicate that is appropriate. • We will seek criminal prosecution when we can prove beyond a reasonable doubt that a complainant is lying about police misconduct. (Click Above to Play Clip)

10. Preliminary Investigation Conducted to determine validity of complaint and level of alleged violation May be continued as an Administrative case, referred to the precinct, discontinued based on lack of facts, or suspended pending further information Administrative Investigation Complaint may skip preliminary phase and move right to Administrative case depending on the seriousness of the allegation Case investigator makes a finding and recommendation, but has no authority over final outcome or discipline Investigative Process

11. Administrative Investigations • Complainant and civilian witness statements • Face to face interview with the investigator • Audio recorded • Physical evidence • Video/audio recordings • Medical records • GPS, dispatch logs, etc

12. Administrative Investigations • Officer statements • Notification letters sent to witness and accused officers • Right to have Federation representative or attorney present • No Fifth Amendment Rights as a result of US Supreme Court Decision Garrity v. New Jersey

13. Garrity Protections Answers given during a compelled statement cannot be used against officers in criminal proceedings The only exception to this involves perjury Officers MUST answer questions truthfully Officers who refuse to provide a statement will face disciplinary action Officers who provide false statements will face disciplinary action Peace Officer’s Bill of Rights State Statute 626.89 Governs the process of internal investigations into allegations of misconduct Requires signed complaint before taking officer statement Requires audio recording of the officer statement Allows for union representation or attorney Administrative Investigations

14. Force Reviews • Specialized case investigations into an officer’s use of force • Examine not only the reasonableness of the force used but also adherence to policies regarding force reporting, medical treatment, etc • May or may not result in full IAU Investigation • Critical Incidents involving Use of Force are typically investigated by IAU and the Homicide Unit.

15. Criminal Investigations • Concurrent to the Administrative Investigation • Incidents occurring outside of MPD jurisdiction are handled by the appropriate agency • Incidents occurring inside Minneapolis are investigated by MPD IAU or other appropriate MPD investigative unit • All officer involved shootings are investigated by the Homicide Unit • Vehicle accidents are investigated by the Traffic Unit and reviewed by the Accident Review Panel

16. Criminal Investigations • In Criminal Investigations where the officer is facing potential charges Officers are not compelled to provide a statement • Case is submitted to the appropriate prosecuting authority for charging decision • If no criminal charges or no conviction take place it does not necessarily mean no administrative findings or discipline • The standard of proof for arrest/charging is Probable Cause • The standard of proof for conviction is Beyond a Reasonable Doubt • The standard of proof for administrative findings is a Preponderance of the Evidence • More likely than not • Fifty-one percent

17. Discipline Process • Completed investigations are forwarded to a 3 person discipline panel for review • Panel makes a recommendation to the Chief that includes both findings and discipline • Chief (or Assistant Chief) makes the final determination • Complainant and employee are notified of the outcome

18. Administrative Findings • Sustained: Sufficient evidence to indicate the complaint is true • Not Sustained: Insufficient evidence to either prove or disprove the complaint • Exonerated: The incident did occur, but was lawful and proper • Unfounded: Complaint is false • Policy Failure: Complaint is true, but employee’s actions were not inconsistent with MPD Policy • Exceptionally Clear: No finding can be made due to unforeseen circumstances such as the resignation of the employee

19. Category A Lowest level violation One year reckoning period Proactive Corrective Action – NOT discipline Training Coaching Documented Oral Correction Category B Second level violation Three year reckoning period Possible disciplinary consequences Written Reprimand Documented Oral Reprimand Up to 40 hours Suspension Violation Levels

20. Category C Third level violation Five year reckoning period Possible disciplinary consequences Documented oral or written reprimand Up to 80 hours Suspension Demotion Category D Most serious violation Reckoning period is seven years after employee separates from the department Possible disciplinary consequences Up to 720 hours Suspension Demotion Termination Violation Levels

21. The stuff that’ll get you into trouble … • Code of Conduct (P/P 5-101 to 5-107) • On and/or off-duty • DUI, Domestic Violence • MySpace/Facebook/Twitter • Language • Judgment • Truthfulness • Use of Force (P/P 5-301 to 5-315) • Lack of reporting • Poor reporting • Reasonableness • Pursuit Policy (P/P 7-404 to 7-411) • Importance of reports • If you’re chasing someone because of the danger the chase poses, you might want to stop chasing them • MVR Policy (P/P 4-218) • Equipment checks • Microphones

22. Jean Assam Bus Case. Jean Assam Bus Incident.mpg (Click above link to play clip)

23. Don’t take an “A” or “B” level case and turn it into a Termination case… • When you are read Garrity you are expected to accurately and completely report what happened. • Failure to comply with Garrity in most cases will result in termination. • Despite whatever advice you may receive from co-workers, Union Reps or Attorneys you alone will be held accountable for what you say under Garrity. • You may be advised “Make them Prove It”. • Level of proof is preponderance, not proof beyond a reasonable doubt which means IAU only has to determine that what you have been accused of was more likely than not to have occurred. 51%

24. From Cop to Criminalin 60 Seconds - Ofc. Barragan

25. A momentary loss of control can change your life and end your career. • Barragan In Custody Abuse.mpg (Click above link to play clip)

26. Barragan Consequences • Loss of job and income. • Criminal Charges- Charged locally with Assault. • Charged Federally with Criminal Civil Rights Violation and sentenced 16 months federally. • Sued personally in civil trial. Rapist was awarded substantial award. • Circumstances led to divorce.

27. Video Evidence • It’s there, whether you know it or not…Always… always…assume you are being photographed and recorded…and act accordingly.

28. Richfield Pursuit • Consider your need to conduct the pursuit. • Consider your available resources. • Consider when enough is enough… • Officers called to medical office to assist with identified woman who claimed she was suicidal. • Pursuit was initially stopped by Uniform Shift Sergeant. Lieutenant countermanded order and told officers to continue to pursue and to “Take her Out.” • You are always responsible for your actions as a police officer and must use your own good judgment.

29. Resulted In Jogger Fatality • Car Pursuit Ends in Fatality.mpg (Click above link to play clip)

30. Video Evidence • More likely to help you than harm you

31. Video Evidence • Your squad cameras are vital, not just for disputing false complaints made to IAU, but also as evidence against the bad guys. What do you think this guy is going to say when he sobers up and his head hurts? Get it on video-Use Your Microphones.

32. Squad GPS • It’s not about big brother watching you • It’s about making dispatch more efficient and effective • And sometimes it’s about saving you from false allegations of misconduct

33. Remember Public vs. Non-Public Communications. • GPS is public data. It can be used to determine your exact location in real time and there is a permanent log created. • Everything you transmit by Mobile Computer is traceable and verifiable. • All E-Mail Correspondence is stored. • All radio over the air conversation is recorded. • Squad Videos are also public data.

34. Electronic Media Dangers • Facebook • Two Wash. officers fired over Facebook indiscretions • By Paula Horton The Tri-City Herald • KENNEWICK, Wash. — Failure to recognize that online social media blur the line between personal and professional lives has cost two police officers a job.

35. Electronic Media Dangers (cont.) • MySpace • A Key West police officer is off the job after pictures she posted on her MySpace page showed "conduct umbecoming" of an officer.

36. Electronic Media Dangers (cont.) • Police Yourself before you make a mistake!

37. The Badge You Wear • On loan to you from the City of Minneapolis • No matter where you are or what you are doing, you represent that badge and the officers who have worn it before you • Treat it with respect • Take pride in it

38. Questions? INTERNAL AFFAIRS UNIT (612) 673-3074 SGT. MELISSA CHIODO (612) 673-2748