HomeMy WebLinkAbout07-27-1999 ICPD General Orders MEMORANDUM
TO: Members of the Police Citizen's Review Board
FROM: R.J. Winkelhake, Chief of Police
RE: INTERNAL AFFAIRS INVESTIGATION GENERAL ORDER
DATE: July 12, 1999
Attached is the PCRB's copy of the newly revised and issued Internal Affairs
Investigation General Order. This general order has been reviewed by police
department staff and the city's legal department prior to it's final issuance.
INTERNAL
AFF RS
ONS
Date of Issue General Order Number
July 9, 1999 99-06
Effective Date Section Code
July 9, 1999 ADM-06
Reevaluation Date Amends / Cancels
July 2000 92-03 ADMo06
C.A.L.E.A. Reference
52.1.1 - 52.1.11 Department Disciplinary Philosophy
INDEX A S:
Internal Affairs Investigations Register (lAIR)
lAIR Forms 1 - 13
Internal Affairs Investigations
Knowingly Providing False Information
Evaluations
Police Citizen's Review Board
Discipline
I. PURPOSE
The purpose of this order is to establish the policy and procedures for the
investigation of complaints made against Department personnel, policies and/or
procedures. This order provides the guidelines for the prompt, fair, and impartial
investigation and disposition of citizen complaints and allegations.
II. POLICY
A. It shall be the policy of the Iowa City Police Department to investigate all
complaints made against Department members and / or against Department
ADM 06.2
policies and procedures, regardless of the source of such complaints. This
policy shall include the investigation of alleged or suspected violations of law,
ordinances or Department rules, regulations, policies, procedures or orders
(written or oral) as reported to Department managers and supervisors by:
1. Members of the Department in any of the following manners: in writing,
orally, by telephone, or by correspondence (signed or anonymous).
2. Citizens (including prisoners) who report to any Department member in
any of the following manners: in writing, orally, by telephone, or by
correspondence (signed or anonymous), or pursuant to the City's Police
Citizen's Review Board ordinance.
3. Supervisors or personnel who observe or suspect violations by
Department personnel.
B. The thorough, standardized investigations of these types of complaints
demonstrates the Department's desire to provide honest, efficient police
service and will inspire public confidence in Department personnel. A
regulated program of complaint review is established to ensure the fair and
impartial treatment of Department members who may become subject to the
internal review procedure. Cleady defined policy and procedures permits
employees to know what to expect; reassures the public that discipline will be
administered, if necessary; and provides a pre-determined method for
informing both the public and employees of the disposition of the complaint.
III. DEFINITIONS
A. COMPLAINT
1. A complaint is defined as an act of expressed dissatisfaction, which
relates to department operations, departmental policy, personnel conduct,
or alleged unlawful acts, Generally, complaints are based on allegations
of misconduct or violations of procedure. A complaintmay be filed either
internally, that is by a Department member who wishes to report
infractions or violations by another member, or externally, such as when a
citizen complains about a member of the Department.
2. A complaint includes those filed with the Police Citizen's Review Board
pursuant to Ordinance.
B. NON-DISCIPLINARY INCIDENTS OR VIOLATIONS
1. Non-disciplinary incidents or complaints shall mean complaints or
allegations which, on their face, do not involve alleged violations of law,
rules, regulations, general orders or procedures of the Police Department.
ADM 06.3
C. NON-PUNITIVE INCIDENTS OR VIOLATIONS
1. Non-punitive incidents or violations shall mean incidents or complaints
which, on their face, allege minor infractions of rules, regulations, general
orders, or procedures by Police Department personnel for which the
apparent appropriate disciplinary action is limited to counseling and/or
oral or written reprimand by use of the departmental CRITICAL
INCIDENT/COUNSELING FORM.
D. PUNITIVE INCIDENTS OR VIOLATIONS
1. Punitive incidents or violations shall mean incidents or complaints which,
on their face, allege violation(s) of the law, rules, regulations, general orders,
or procedures by Police Department personnel for which the apparent
appropriate disciplinary response consists of punitive action ranging from loss
of privileges to suspension, demotion, and/or dismissal.
IV. AUTHORITY AND RESPONSIBILITY
A. COMMANDING OFFICER, FIELD OPERATIONS
1. The Commanding Officer, Field Operations, shall be responsible for the
internal affairs investigation function of the Department.
2. The Commanding Officer, Field Operations, shall report directly to the
Chief of Police about the progress of complaint investigations and
dispositions of all such investigations.
3. The Chief of Police or the Commanding Officer, Field Operations may
assign the investigation of internal affairs cases to personnel from other
divisions, sections or units within the Department, if it is determined that
this course of action is in the best interests of the Department.
4. If the complaint is against the Commanding Officer, Field Operations, the
complaint will be submitted directly to the Chief of Police who either may
assign the investigation to another command officer or may handle it
personally.
5. After notifying the Chief of Police, the Commanding Officer, Field
Operations, shall contact the City Attorney's Office and the County
Attorney's Office when internal investigations concern possible violations
of criminal law. This contact may be for notification and/or legal advice or
assistance in case preparation. All such contacts shall be noted in the
Report of Inquiry.
ADM 06.4
B. ALL SUPERVISORY AND COMMAND PERSONNEL
1. Supervisory and command personnel shall cause to be initiated an
internal affairs investigation when the action alleged is an
infraction/violation of State Code, Federal laws, City ordinance or
Department policy and within the scope of their authority for the initiation
of this action. Examples of complaints which will be investigated by the
Internal Affairs function are: allegations of corruption, brutality, misuse of
force, violations of individual civil rights, criminal conduct, etc. This is not
a complete listing of such examples, but is an example to provide
guidance for supervisory personnel.
2. Supervisory personnel shall investigate complaints, verbal or written,
which do not involve alleged violations of Federal or State law, City
ordinance, or Departmental policy which come to their attention, as an
example, alleged rudeness, not providing information about a ticket or
arrest, tardiness, incomplete reports, insubordination, etc. This is not a
complete listing of such examples, but is an example to provide guidance
for supervisory personnel. These types of complaints will be documented
on the departmental CRITICAL INCIDENT/COUNSELING FORM.
C. ALL DEPARTMENT PERSONNEL
1. It shall be the duty of all Department personnel to report an action which
may be a violation of laws, ordinances, rules, regulations, policies,
procedures, or orders by any other Department member to the immediate
supervisor of the employee engaging in said action.
V. INTERNAL AFFAIRS INVESTIGATION REGISTER
A. The Internal Affairs Investigation Register (lAIR) is designed to provide the
Iowa City Police Department with a control device to assure that complaints,
which on their face, allege a violation for which the appropriate disciplinary
action would be punitive in nature, (as defined in Section III D 1), will be
investigated. These include, but are not limited to, complaints received by
the Department, or which originate through action of a Departmental member,
or complaints received from the PCRB.
B. The lAIR will be maintained by the Commanding Officer, Field Operations
Division. Entries in the lAIR shall contain sufficient and accurate information
of both the allegations and the disposition of the complaint. The lAIR will be
maintained in a secured area within the Commander's office.
ADM 06.5
C. Complaints logged in the lAIR will be reported to the Chief of Police by the
Commanding Officer, Field Operations.
D. To ensure that required investigations are being completed within a
reasonable time, periodic inspections of the lAIR will be made by the
Commanding Officer, Field Operations and status reports will be forwarded to
the Chief of Police.
E. The Commanding Officer, Field Operations shall assign a control number to
each complaint received and record the number in the lAIR, and on the copy
of the complaint form.
1. The numbering system shall be sequential, prefixed by the year, i.e., 98-
0001,98-0002.
VI. REPORTING PROCEDURES
A. A written record of all complaints against the Police Department or its
personnel shall be maintained regardless of the nature, scope, or
reasonableness of the complaint.
B. Compliance with the following procedures is the responsibility of the
supervisor and/or member addressing the complaint.
1, Conduct a preliminary examination of the complaint.
2. Ensure that the complainant understands the state statutes concerning
"obstructing justice" and false reports to law enforcement authorities.
(Attachment A)
3. Complete a Report of Inquiry Form (lAIR Form 2) or Critical Incident /
Counseling Form
a) If on the face of the allegations, which if taken as true, there is a clear
indication that the officer or employee did nothing improper, then the
Report of Inquiry Form shall be completed, indicating same, and
forwarded through the chain of command to the Commanding Officer,
Field Operations Division.
b) If, on the face of the allegations, which if taken as true, the complaint
or allegation is minor and within the scope of the supervisor's
authority, the supervisor may resolve the complaint by use of the
Critical Incident / Counseling Form, and forward the report and results
to the Commanding Officer, Field Operations Division.
ADM 06.6
c) When it appears that an officer or employee may have violated state
or federal law, city ordinance or Department policies and procedures,
the Report of Inquiry shall be forwarded to the Commanding Officer,
Field Operations, within 24 hours of the complaint.
d) Commanding Officer Field Operations shall maintain the Report of
Inquiry forms and Critical Incident/Counseling Form. Supervisors
shall review an officers Critical Incident / Counseling Form(s) and
Report of Inquiry form(s) when completing a subordinate's annual
evaluation.
e) When it appears that an officer or employee may have committed an
illegal or criminal act or may have violated a person's constitutional
rights, the Report of Inquiry shall be forwarded to the Commanding
Officer, Field Operations within 24 hours of the complaint.
Commanding Officer, Field Operations shall forward a copy to the
Chief of Police within 24 hours of receiving the Report of Inquiry.
f) The City Attorney's Office shall be consulted when there is an
allegation which on it's face alleges illegal/criminal activity, civil rights
violations, gross negligence, or excessive use of force.
g) All Report of Inquiry Forms shall be reviewed for approval by the
Commanding Officer, Field Operations level, prior to being forwarded
to the Chief of Police.
C. Within 72 hours of receipt of Report of Inquiry form by the Commanding
Officer, Field Operations, a determination shall be made as to whether an
internal investigation will be initiated. The accused member should be
notified of the investigation decision within this 72-hour period. In
exceptional circumstances, i.e., allegations of on-going criminal activity, the
Commanding Officer, Field Operations, with the approval of the Chief of
Police, may waive this notification.
D. The Commanding Officer, Field Operations, shall contact the complainant
within seven (7) calendar days of receiving the complaint and inform the
complainant of receipt (lAIR Form 1 ) and the status of the complaint.
E. Internal Affairs investigations pursuant to complaints shall be completed
within sixty (60) calendar days of receipt of the initial complaint. An
extension may be granted by the Chief of Police where extenuating
circumstances exist. Status reports on the investigation of complaints shall
be submitted to the Chief of Police every seven (7) calendar days to assist in
this determination.
ADM 06.7
F. If an investigation continues beyond sixty (60) calendar days, a status report
will be provided to the complainant by the assigned investigator. A copy of
the status report will be forwarded to the Commanding Officer, Field
Operations.
VII. INVESTIGATIVE PROCEDURES
A. The Chief of Police may require an employee to submit to a medical or
laboratory examination, to be photographed, to submit financial disclosure
statements, or participate in a line-up, when such information or actions are
specifically directed toward and narrowly related to a particular internal
affairs investigation. Failure to follow a direct order of this nature shall
constitute a separate infraction and may result in termination. (However, if
an internal investigation involves allegations of criminal actions, employees
shall be afforded all their legal or constitutional rights.)
1. The City Manager may impose the requirements of paragraph A above.
when the complaint is directed toward the Chief of Police.
B. An employee under investigation may not be compelled to submit to a
polygraph, Voice Stress Analysis, or any other instrument designed to detect
deception. However, an employee under investigation may voluntarily
submit to such examination after being made aware that such actions are
strictly voluntary, and refusal to submit does not imply any guilt or admission
of the violations. The results of the examination shall not be used in any
commission hearing, court or trial as evidence of guilt or innocence, unless
agreed to by all parties.
C. Based on the requirements of Iowa law, an employee may be required to
submit to a medical or laboratory examination, at the agency's expense,
when the examination is specifically directed toward and narrowly related to
a particular internal affairs investigation being conducted by the agency. An
example of the use of this process is determining drug use by employees.
An employee may also be required to be photographed, to participate in a
line-up and/or submit to a financial disclosure statement when the actions
are material to a particular internal affairs investigation being conducted by
the Department or an outside agency. The above will always be based on
the requirements of Federal law, Iowa law, and any case law, and
precedent thereunder when not in conflict with any labor law or signed labor
agreements.
D. The assigned investigator conducting an internal investigation shall conduct
the investigation fairly and impartially toward both the complainant and
police personnel.
ADM 06.8
1. The assigned investigator shall conduct such interviews as are deemed
necessary in order to accumulate all necessary evidence and facts
pertaining to the complaint as determined by the Commanding Officer,
Field Operations.
2. The assigned investigator shall follow state law, city ordinance, and labor
contracts concerning disciplinary actions utilizing the appropriate forms
depending on the alleged violation.
a) Notification of Complaint / Investigation (lAIR Form 3).
b) Request / Waiver of counsel (lAIR Form 4).
c) Administrative Proceeding Rights Form (lAIR Form 5).
d) Criminal Rights Form for alleged violations of Criminal Law (lAIR Form
6).
3. At the conclusion of the investigation, the Commanding Officer, Field
Operations shall submit an Internal Investigations Report to the Chief of
Police for review and approval, in the format as outlined in lAIR Form 7.
4. The Commanding Officer, Field Operations, upon completing the internal
investigation, shall conclude the report by classifying the individual
allegations into one of the following categories:
a) Unfounded: The investigation indicates that the act(s) complained of
did not occur or did not involve police personnel.
b) Exonerated: The complained of acts did occur, but were justified,
lawful, and proper.
c) Not Sustained: The investigation fails to discover sufficient evidence
to clearly prove or disprove the allegations made in the complaint.
d) Sustained: The investigation disclosed sufficient evidence to clearly
prove the allegations made in the complaint.
e) Policy Failure: Investigation reveals that the alleged acts did occur
and were improper; however, the officer was acting in accordance with
established Department policy.
5. When the act complained of is a criminal offense, and the evidence from
the above investigation establishes probable cause that the act was
committed, the Commanding Officer, Field Operations shall forward the
information to the Chief of Police, who shall notify the City Attorney's
ADM 06.9
office, and in consultation with the City Attorney's office shall decide
whether:
a) the County Attorney's Office shall be involved; and
b) the accused person(s) should be arrested forthwith; or
c) a warrant for arrest should be first obtained; or
d) criminal action should be delayed pending further investigation; or
e) request assistance from another law enforcement agency.
6. Status Reports - The Internal Affairs Investigator will provide the following
information:
a) Provide a weekly status report, verbal or written, to the Commanding
Officer, Field Operations.
b) Provide a status report to the complainant within sixty (60) calendar
days.
VIII. INVESTIGATION SUMMARY OF FINDINGS
A. Upon final receipt of the Internal Investigation Report (lAIR Form 7), the
Commanding Officer, Field Operations, shall review the report for
completion. The report shall include the following information:
1. Prior disciplinary action against the employee.
2. Recommended disciplinary action believed to be appropriate, based on
the investigation results and the employee's employment history.
B. In cases involving complaints against the Commanding Officer, Field
Operations, all matters will be handled by the Office of the Chief of Police.
C. In cases where complaints are against the Chief of Police, all matters will be
handled by the City Manager or his/her designee.
D. Final approval of internal investigation recommendations shall be decided by
the Chief of Police except under Subsection C above. The Chief of Police
shall have authority to modify any such recommendations in any manner
deemed appropriate by the Chief of Police.
ADM 06.10
IX. DISPOSITION OF INTERNAL INVESTIGATION FINDINGS
A. Complaints that are determined to be "sustained" will be filed in the
employee's personnel file. Allegations that are determined to be
"unfounded", "exonerated", "not sustained", or result in a "policy failure"
finding shall be filed in the internal investigation file with the Commanding
Officer, Field Operations, and shall not be entered in the employee's
personnel file.
B. The officer or employee who is the subject involved in the investigation shall
be notified of the disposition by lAIR Form 8, as will any outside complainant
by lAIR Forms 9, 10, 11, and 12.
X. CONFIDENTIAL NATURE OF INVESTIGATIONS
A. Many mistaken or even deliberately false reports and accusations are made
against police officers. In some instances, the most conscientious and hard-
working officers will be the subject of such reports. In order to ensure the
integrity of the Department, it is necessary to investigate completely and
thoroughly all reports and accusations from all sources. This must be done.
At the same time, the reputations and good names of innocent police officers
must be protected. This is important to Departmental and individual morale,
and to the effectiveness of police operations.
B. Sustained cases and the disciplinary actions taken may be a matter of public
information pursuant to Iowa Code Chapter 22. The public nature of such
cases and any disciplinary action thereunder shall be decided by the Chief of
Police on a case-by-case basis in consultation with the City Attorney's Office.
All other cases will be regarded as confidential and the records of such cases
will be maintained in the office of the Commanding Officer, Field Operations.
Xl. DISCIPLINARY AUTHORITY
A. Any Department Supervisor may impose a fully-paid emergency
Administrative Leave of Absence on a member or employee when it appears
necessary to preserve the efficient and safe operation of the Department.
The supervisor shall promptly notify the Commanding Officer, Field
Operations, who shall promptly notify the Chief of Police.
1. Any person so relieved of duty shall be instructed to report to the Office of
the Chief of Police at 9:00 a.m. on the next business day, unless
otherwise instructed.
ADM 06.11
a) The Supervisor imposing or recommending the Administrative Leave
of Absence will report at the same time.
B. Supervisory personnel may take the following disciplinary measures:
1. Written recommendation for disciplinary penalties.
2. Recommendations for discipline within an employee evaluation.
3. Written reprimand with documentation. Copies of all such written
reprimands shall be forwarded to the personnel department for inclusion
in the employee's Personnel file.
4. Oral reprimand with documentation. All such written documentation for
discipline and/or documented oral reprimands shall be forwarded to the
Iowa City Personnel Administrator for inclusion in the subject employee's
Personnel File.
C. Final Department authority and responsibility for discipline rests with the
Chief of Police.
D. The Chief of Police has full power and authority to reprimand, suspend,
demote, or terminate any Department member for disciplinary purposes.
Such employee retains all rights of appeal under applicable laws in
accordance with and subject to the provisions of Iowa Code Chapter 400 and
collective bargaining agreements.
Xll. EFFECTIVE DATE
The effective date of this order is July 9, 1999.
R?'.~ of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The dePartment policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
ADM 06.12
ATTACH M E NT "A"
718.6 False Reports to Law Enforcement Authorities (Iowa Code)
^ person who reports or causes to be reported false information to a fire department or
a law enforcement authority, knowing that the information is false, or who reports the
alleged occurrence of a criminal act knowing the same did not occur, commits a simple
misdemeanor, unless the alleged criminal act reported is a serious or aggravated
misdemeanor or felony, in which case the person commits a serious misdemeanor.
719.3 Preventing Apprehension, Obstructing Prosecution, or Obstructing
Defense (Iowa Code)
A person who, with intent to prevent the apprehension or obstruct the prosecution or
defense of any person, knowingly does any of the following acts, commits an
aggravated misdemeanor:
1. Destroys, alters, conceals or disguises physical evidence which would be -
admissible in the trial of another for a public offense, or makes available false
evidence or furnishes false information with the intent that it be used in the trial
of that case.
2. Induces a witness having knowledge material to the subject at issue to leave the
state or hide, or to fail to appear when subpoenaed.
CITIZEN COMPLAINT FORM
IOWA CITY POLICE DEPARTMENT
COMPLAINT: DATE:
ADDRESS: PHONE:
OCCUPATION: AGE: SEX:
PLACE OF WORK:
DATE OF INCIDENT:
LOCATION OF INCIDENT:
WITNESSES TO INCIDENT: (Name, address, phone number)
1.
2.
3.
DETAILS OF INCIDENT: (Who, what, when, where, how, why. If you don't know names, give
descriptions, badge number, etc.)
(Continue on other side)
STATE CODE OF IOWA
Section 718.6 False Reports to Law Enforcement Authorities
A person who reports or causes to be reported false information to a fire
department or a law enforcement authority, knowing that the information is false,
or who reports the alleged occurrence of a criminal act knowing the same did not
occur, commits a simple misdemeanor, unless the alleged criminal act reported
is a serious or aggravated misdemeanor or felony, in which case the person
commits a serious misdemeanor.
I have written and/or read the complaint herein and swear or affirm it is true.
Signature Date and Time
Subscribed and sworn to before me this day of ,199
Notary
lAIR ForTh t
CITIZEN COMPLAINT FORM
IOWA CITY POLICE DEPARTMENT
I request the following measures of relief be granted or corrective action taken by the
Iowa City Police Department:
lAIR Form1
REPORT OF INQUIRY
IOWA CITY POLICE DEPARTMENT
CASE NO. lAIR NO. DATE
COMPLAINANT
ADDRESS CITY STATE
PHONE SEX DOB
COMPLAINT RECEIVED BY BADGE #
DATE TIME COMPLAINT CATEGORY
MANNER COMPLAINT TAKEN: [] IN PERSON [] TELEPHONE [] LETTER
LOCATION OF INCIDENT DATE TIME
EMPLOYEE WHOSE CONDUCT IS BEING CHALLENGED
WITNESSES: PHONE:
PHONE:
PHONE:
NARRATIVE:
lAIR Form2
REPORT OF INQUIRY
IOWA CITY POLICE DEPARTMENT
NARRATIVE CONTINUED: -
[] Complaint Resolved [] Complaint Requires Additional Follow-Up
Supervisor's Signature:
[] APPROVED [] NOT APPROVED
COMMANDER, FIELD OPERATIONS DIVISION
lAIR Form 2
NOTIFICATION OF COMPLAINT / INVESTIGATION
Name of Employee Rank Badge Unit of Assignment
Department policy provides that if you are to be charged with a criminal
offense or if your separation from the Department will be sought, you are
to be advised in writing of the specific illegal or improper acts alleged
against or attributed to you.
Furthermore, Department policy provides that you have a right to be
advised in writing of the complaint lodged against you prior to any
interviews of you concerning the allegation even if the allegation is such
that it will not result in the filing of criminal charges or the filing of
separation charges.
Accordingly, you are hereby advised that the following iIlegal or improper
acts or allegations have been attributed to you:
The undersigned hereby acknowledges receipt in writing of the charges or
allegations against him / her.
Signature
WITNESSES: DATES:
PREPARE IN DUPLICATE
I~1 Original copy to investigator's file
I~ Copy to employee lAIR Form 3
WAIVER OF COUNSEL / REPRESENTATION
REQUEST TO SECURE COUNSEL / REPRESENTATION
Name of Employee Rank Badge Unit of Assignment
[] WAIVER OF COUNSEL / REPRESENTATIONS
I, the Undersigned, hereby acknowledge that I have received and read the
charges / allegations against me and I knowingly and voluntarily wish to
proceed with an examination, interview or interrogation without having
counsel / representation of my own choosing present to advise me during
this interview, examination, or interrogation.
Date / Time: Signature:
[] REQUEST TO SECURE LEGAL COUNSEL OR REPRESENTATION
I, the Undersigned, having been advised of my right to counsel of my own
choosing at all interviews, examinations and interrogations in connection
with the charges / allegations against me which have been given to me in
writing and receipt of which is hereby acknowledged elect to secure the
services of counsel and agree to proceed with said interview, examination
or interrogation at hours, on , 19__
in Room ~, at which time said interview,
examination or interrogation shall be commenced. By placing my
signature upon this statement, I affirm my wish to secure said counsel and
agree to comply with the Department interview, examination or
interrogation scheduled on the date aforesaid.
Date / Time: Signature:
WITNESSES: DATES:
PREPARE IN DUPLICATE
E) Original copy to investigator's file
[~ Copy to Employee lAIR Form 4
ADMINISTRATIVE PROCEEDING RIGHTS
Name of Employee Rank Badge Unit of Assignment
You are being advised of the following:
1. Any admission made in the course of any administrative hearing, or interview
may be used as the basis for disciplinary measures including discharge or
suspension.
2. You have the right to counsel of your choosing to be present with you to
advise you at this interview, examination or interrogation and you may consult
with counsel/representation as you desire.
3. You have a right to be given a reasonable time to obtain counsel of your own
choosing.
4. You have no right to remain silent at this administrative proceeding. You
have an obligation to truthfully answer questions put to you. You are advised
that your statements or responses constitute an official police report.
5. If you refuse to answer questions put to you, you will be ordered by a superior
officer to answer the question.
6. If you persist in your refusal to answer after the order to answer has been
given to you, or if you do not answer a question truthfully, you are advised
that such refusal or untruthful answer constitutes a violation of the Rules and
Regulations of the Iowa City Police Department and will serve as a basis for
which your discharge may be sought.
7. You are further advised that by law any admission made by you during the
course of this interrogation, examination or interview cannot be used against
you in a subsequent criminal proceeding.
I, the undersigned, do hereby acknowledge that I have been informed of the
above rights.
Signature:
Printed Name of Employee
WITNESSES DATES:
PREPARE IN DUPLICATE:
~lOriginal copy to investigator's file.
[~Copy to Employee lAIR Forth 5
RIGHTS INVOLVING CRIMINAL PROSECUTION
Given to Employee --
Date: Time:
Name of Employee Rank Badge Unit of Assignment
You are hereby advised that by law you are entitled to be informed of the
following rights prior to interrogation:
1. You have a right to remain silent. If you choose not to remain silent, anything
you say can be used as evidence against you in a court of law.
2. You have a right to consult with an attorney before answering any questions
and you have a right to have an attorney present during any questioning.
3. You have a right to have an attorney represent you before any questioning
begins. You also have the right to have the attorney present with you during
such questioning.
4. You have the right to discontinue answering any question at any time you
wish.
The law further provides that any admissions made in the course of any hearing,
interrogation or examination may be used as a basis for disciplinary measures
including discharge from the Department.
I, the undersigned, do hereby acknowledge that I have been informed of the
above rights.
Signature:
Printed Name of Employee
WITNESSES: DATES:
PREPARE IN DUPLICATE:
QOriginal copy to investigator's file.
E;ICopy to Employee lAiR Form 6
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION REPORT
(Date of Report)
TO: Chief of Police
FROM: (Investigator's rank, name, badge number, unit of assignment)
SUBJECT: Investigation of Complaint Register No.
REFERENCE: Incident Card # lAIR fl
EMPLOYEE:
(Rank, name, badge number, unit of assignment)
(Sex, DOB, date of appointment)
(Duty status, number of months in present assignment)
(Employee number)
If applicable, the following information will be listed:
(Date arrested or date indicted)
(Type of court - Federal, State, County)
(Charge(s))
(Court Finding - Guilty or Not Guilty - if known at conclusion of the
investigation)
COMPLAINANT:
(Name, address) - If non-department member
(Sex, DOB) - If non-department member
VICTIM:
(Name, address) NOTE: Complainant and victim may be the same.
(Sex, DOB)
(Physical condition, if applicable)
1. ALLEGATIONS
In narrative form, state how, when, where, and by whom the complaint
was received. State the date, time and location where the complaint
occurred, and summarize the complaint. If more than one allegation is
made, enumerate each allegation as follows:
#1. (Summarize the allegation)
lAIR Form7
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION REPORT
2. SYNOPSIS
A short summary of the investigation, concluding with the finding and
the classification. Approximately 10 lines or less.
3. EVIDENCE
Attach ail statements, reports, and other evidence gathered and
number the reports on the lower right-hand corner. The Complaint
Register Number must also be entered on the lower right-hand corner
of each attachment. Following are examples of attachments and the
sequence in which they may be numbered.
Attachments:
#1. Complaint Against Department Member and Progress Report
#2. Letter of complaint from victim.
#3. Statement of victim.
fi4. Statement of witness (give name).
#5. Report of officer (give name).
#6. Statement of officer (give name).
#7. Progress report of investigator (give name).
#8. Copy of registered letter to complainant.
#9. Report of polygraph examination (victim).
#10. Report of polygraph examination (employee).
#11. Copy of Alcoholic Influence Report (employee).
#12. General Offense Case Report,
#13. Injury on Duty Report (give name of injured).
4. INVESTIGATION
In narrative form, summarize all investigative procedures followed to
resolve the total issue and the results. Evidence must be submitted to
support the conclusions. Whenever reference is made to an
attachment, indicate the attachment number.
5. CONCLUSION OF FACT
A brief descriptive summary of the circumstances of the incident, the
investigative findings, and conclusions.
6. FINDINGS
Each allegation must be classified as one of the following: Unfounded
- Exonerated - Not Sustained - Sustained - Policy Failure. If the
lAIR Form7
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION REPORT
classification is "Sustained", indicate the rule number(s) violated, the
context of the rule, and how the rule was violated by the employee.
Example:
Allegation #1. Unfounded.
Allegation #2. Sustained -- Violation of Rule # __, Being Absent
from Duty Without Proper Authorization; in that on 16 September
90, the employee failed to report for duty on the 2nd Watch, at 1500
hours, for regular assigned duties.
Even though the original allegation(s) may be Unfounded, etc., the
investigation may uncover a violation of a serious nature unrelated to
the original complaint, in which case the employee should be
disciplined for the other violation.
Example:
Allegation #1. Unfounded.
Allegation #2. Not Sustained.
Allegation #3. Exonerated.
Other violations: Sustained -- Violation of Rule # , Failure to
Provide the Department with a Current Address and Telephone
Number; in that the accused related in his/her statement that he/she
had moved to a new residence location and obtained a new telephone
number and that he/she had failed to provide the information to the
Department,
DATE INITIATED: (Date complaint was received for Investigation)
DATE COMPLETED: (Date of this report)
ELAPSED TIME: (Total time, expressed in working day)
(Investigator)
Rank Name Badge No.
7. RECORD OF PREVIOUS DISCIPLINARY HISTORY
When an investigation is classified as "sustained", this information will
be considered when the Commander is determining a recommendation
for disciplinary action and will be included as an attachment to the final
investigation report.
lAIR Form7
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION REPORT
8. RECORD OF PREVIOUS COMPLAINT HISTORY
When an investigation has been classified as "sustained", this
information will be considered when the Commander is determining
his/her recommendation for disciplinary action and it will be included as
an attachment to the final investigation report.
9. RECOMMENDATION FOR DISCIPLINARY ACTION
One overall recommendation for disciplinary action will be made by the
Division Commander of the accused. The recommendation will be for
all sustained findings: recommendations will not be made for each
sustained allegation against the accused member.
Examples:
1. No disciplinary action warranted - case be filed.
(Unfounded, Exonerated, Not Sustained and Policy Failure
cases)
2. Recommended for counseling and/or additional training.
3. The employee should be reprimanded and such should be
documented in writing.
4. The employee should be suspended for __ working days.
5. The employee's status as a peace officer should be terminated
from the Department.
6. The employee as a civilian member should be suspended or
separated from the Department.
Commander, Field Operations Division
BI APPROVED [] NOT APPROVED
Chief of Police Date
lAIR Fon'n 7
IOWA CITY POLICE DEPARTMENT
INTERNAL INVESTIGATION
CASE DISPOSITION
DATE:
lAIR NUMBER:
CASE OR INCIDENT NUMBER:
NAME:
RANK:
DIVISION:
The complaint submitted by
has been investigated and on the basis of available evidence, has been
classified as:
Unfounded
Exonerated
Not Sustained
Sustained
Policy Failure
If the results of this investigation are sustained, the report will be maintained in
your personnel file, and further disciplinary action will be taken. For all other
classifications, the report will be maintained in a confidential Internal Investigation
File and not in your personnel file.
Chief of Police
lAIR Form8
4'10 EA~ST WASHINGTON STREET, IOWA CITY, IOWA 52240
(3'19) 356-5275 · FAX # (319) 356-5449
RE: Case #:
lAIR#:
Complaint #:
Dear Sir / Madam:
In reply to your complaint, an investigation was conducted concerning the
allegation of misconduct on the part of a member of the Iowa City Police
Department. After a thorough investigation, I find no evidence which would
justify sustaining the allegation and taking disciplinary action against the
employee.
Sincerely,
R. J. Winkelhake
Chief of Police
lAIR Form 9
IOWA CITY POLICE DEPARTMENT
01913564275 · F,~o( # 019) 356-5449
RE: Case #:
lAIR#:
Complaint #:
Dear Sir / Madam:
In reply to your complaint, an investigation was conducted concerning the
allegation of misconduct on the part of a member of the Iowa City Police
Department. However, the investigation was hampered by the Department's
inability to develop independent evidence to support the allegation, due to the
lack of cooperation in the investigation. As a result, the Department was
precluded from arriving at a finding of misconduct.
Sincerely,
R, J. Winkelhake
Chief of Police
~AIR Form 10
IOWA CITY POLICE DEPARTMENT
410 EAST WASH~qGTObl STREET, IOWA CITY, IOWA 52240
0~9) 3,5~275 · F,XX # 0~9) 356-5449
RE: Case #:
lAIR#:
Complaint #:
Dear Sir / Madam:
In reply to your complaint, an investigation was conducted concerning the
allegation of misconduct on the part of a member of the Iowa City Police
Department. After a thorough investigation, the Department was unable to
gather sufficient evidence which would sustain the allegation.
However, during the course of the investigation it was determined that there were
violations of Department rules and regulations. Appropriate disciplinary action
has now been taken by the Office of the Chief of Police.
Sincerely,
R. J. Winkelhake
Chief of Police
lAIR Form 11
IOWA CITY POLICE DEPARTNIENT
lo EAST WAS HINGTON STREET, IOWA CITY, IOWA S2240
019) 3565275 · FAX # (319} 356-5449
RE: Case #:
lAIR#:
Complaint #:
Dear Sir/Madam:
Pursuant to your complaint, an investigation was conducted concerning the
allegation of misconduct on the part of a member of the Iowa City Police
Department. Upon completing the investigation, it is my conclusion that the
evidence supports your allegation and, as a result, appropriate disciplinaw action
will be taken or has been taken against the member commensurate with the
misconduct involved.
Sincerely,
R. J. Winkelhake
Chief of Police
lAIR Form 12
IOWA CITY POLICE DEPARTMENT
CRITICAL INCIDENT / COUNSELING FORM -
Employee
Name: Position:
Department:
(In the space provided below, describe outstanding or unacceptable job behavior)
Supervisor's -
Signature: Date:
Date of Counseling Sessions (if appropriate)
Action Taken:
Supervisor's
Signature: Date:
Employee's
Signature: Date:
lAIR Form 13