RULE 7 - COMPLAINTS - INQUIRIES

2/700.00 Complaints in writing shall be made to the Commanding Officer of the Internal Affairs Division by all work location commanding officers or by officers of higher rank against any subordinate member of the Department for any alleged violation of the Rules and Procedures Manual which may come to their attention.

2/700.05 Commanding officers shall maintain a Record of Disciplinary Incidents (Form PD‑31) in their members' work location personnel file. They shall cause to be recorded on a member's Record of Disciplinary Incidents Form all disciplinary actions and a brief summary, including disposition, of the incident. No entry shall be recorded on a member's PD-31 without notification of that member.

2/700.10 The Internal Affairs Division shall make diligent inquiry into every complaint of delinquency or misconduct on the part of a member of the Department coming to their attention.

2/700.15 When a complaint is made at a Department work location by a citizen against any member of the Department, the statement of the complainant shall be reduced to writing by the investigating supervisor in accordance with Section 3/455 - Citizen Complaints. This procedure shall be followed even if the member complained of is assigned to another work location. The complainant shall not be referred to that other work location.

2/700.20  Commanding officers receiving any complaint shall review the report, and after consulting with the Internal Affairs Division either assign an investigating supervisor or forward the matter to the Internal Affairs Division. 

2/700.25  Commanding officers are strictly responsible for promptly forwarding all complaints against members to the Internal Affairs Division.

2/700.30  When an internal investigation has been resolved, the Internal Affairs Division shall be the central repository for all original documents relating to the investigation. As soon as administratively possible, the subject of the investigation shall be notified that the investigation is closed.

2/700.35  Complaints against supervisory or other higher ranking officers by subordinate members of the Department shall be made personally or by letter to the Chief of Police, whenever circumstances make such course necessary or consistent. 

2/700.40 Any member of the Department whose character has been compromised may have an inquiry made to determine the accuracy and truthfulness of any accusations made against that member.

2/700.45  Any member of the Department may be dismissed from the service or suffer such other punishment as the Chief of Police may direct when charged with any act or omission contrary to good order and discipline, or constituting a violation of any of the provisions of the Rules and Procedures Manual, or of any Department order.

2/700.50  Formal disciplinary charges may be preferred, with the approval of the Chief of Police, against any member of the Department for any violation of the Rules and Procedures Manual. The Commanding Officer of the Internal Affairs Division only is authorized to prefer formal disciplinary charges as provided.

2/700.55  A charge is the designation of a specific offense committed by the accused member, each distinct offense being the subject of a separate charge. Charges shall be prepared and signed by the commanding officer of the Internal Affairs Division. Whenever charges shall be preferred against any member of the Department who has been before found guilty of any offense, the specifications shall state the facts of such prior finding of guilt and the date thereof.

                A specification is a statement of facts which constitute the offense charge. It shall be drawn in clear and concise language and shall state the name and rank of the accused, and the time and place of alleged offense, with certainty, so far at least to say, "At or near such a place, on or about such a day." If the offense has been committed more than once, or in more than one way, there should be distinct specifications. Each specification shall be complete in itself, and shall not refer to facts or particulars in other specifications. 

2/700.60 When charges are preferred against members of the Department, the commanding officer to which such accused is attached shall cause to be recorded on the Record of Disciplinary Incidents (Form PD‑31) kept for that purpose, under day and date, the fact of such charges having been preferred and the substance in them, in brief, and the order of the Chief of Police relative to their disposition.

2/700.65 Any member against whom charges have been made, who shall attempt directly or indirectly, by threat, appeal, persuasion, or the payment or promise of money, to secure the withdrawal or abandonment of such charges, or to prevent the attendance of witnesses, or who at any time before final judgment shall cause any person to intercede personally, or by letter, in the member's behalf, in any manner whatsoever with any official in or outside of the Department, or with any other person, shall be subject to the charges of act contrary to good order and discipline.

2/700.70 Charges preferred against any member of the Department shall be heard and disposed of directly by the Chief of Police.

2/700.75 Judgements of the Chief of Police acquitting, reprimanding, suspending without pay, demoting, or discharging any member of the Department, together with the substance of the charges on which they are based, shall be read at all roll calls within the seventy‑two hours next succeeding the receipt thereof by respective commanding officers.

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