Attachment # 00008883 - Criminal_Justice_Management_Week_5_Class_Discussion.docx
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Chiquetta McCrawCriminal Justice Management Instructor: Peter JirasekWeek 5: Class DiscussionThere are three steps in the complaint before the administration moves to the investigation.Discuss the complaint process. What is the first step? What steps should be taken in the investigation process? Are any employee notifications required?A personnel complaint is an allegation of misconduct or illegal behavior against an employee by anyone inside or outside the organization. Internal complaints may come from supervisors who observe officer misconduct, officers who complain about supervisors, supervisors who complain about other supervisors, civilian personnel who complain about officers, and so on. External complaints originate from sources outside the organization and usually involve the public. (Peak, K. J. (2012)Complaints may be received from primary, secondary, and anonymous sources. A victim is a primary source. A secondary source is someone who makes the complaint on behalf of the victim, such as an attorney, a school counselor, or a parent of a juvenile. An anonymous source complaint derives from an unknown source and may be delivered to the police station via a telephone call or an unsigned letter. (Peak, K. J. (2012)Every complaint, regardless of the source, must be accepted and investigated in accordance with established policies and procedures. Anonymous complaints are the most difficult to investigate because there is no opportunity to obtain further information or question the complainant about the allegation. Such complaints can have a negative impact on employee morale because officers may view them as unjust and frivolous. ( Peak, K. J. (2012)Complaints may be handled informally or formally, depending on the seriousness of the allegation and the preference of the complainant. A formal complaint occurs when a written and signed and/or tape-recorded statement of the allegation is made and the complainant asks to be informed of the investigation’s disposition. An informal complaint is an allegation of minor misconduct made for informational purposes that can usually be resolved without the need for more formal processes. When a citizen calls the watch commander to complain about the rude behavior of a dispatcher but does not wish to make a formal complaint, the supervisor may simply discuss the incident with the dispatcher and resolve it through informal counseling as long as more serious problems are not discovered and the dispatcher does not have a history of similar complaints. Few complaints involve acts of physical violence, excessive force, or corruption. (Peak, K. J. (2012)Administrators should have in place a process for receiving complaints that is clearly delineated by departmental policy and procedures. Generally, a complaint will be made at a police facility and referred to a senior officer in charge to determine its seriousness and the need for immediate intervention. In most cases, the senior officer will determine the nature of the complaint and the employee involved; the matter will be referred to the employee’s supervisor to conduct an initial investigation. The supervisor completes the investigation, recommends any discipline, and sends the matter to the Internal Affairs Unit (IAU) and the agency head for finalization of the disciplinary process. This method of review ensures that consistent and fair standards of discipline are applied. Generally, the employee’s supervisor will conduct a preliminary inquiry of the complaint, commonly known as fact finding. Once it is determined that further investigation is necessary, the supervisor may conduct additional questioning of employees and witnesses, obtain written statements from those persons immediately involved in the incident, and gather any evidence that may be necessary for the case, including photographs. Care must be taken to ensure that the accused employee’s rights are not violated. The initial investigation is sent to an appropriate division commander and forwarded to IAU for review. (Peak, K. J. (2012)Once an investigation is completed, the supervisor or IAU officer must make a determination as to the culpability of the accused employee and report this to the administrator. Each allegation should receive a separate adjudication. Once a determination of culpability has been made, the complainant should be notified of the department’s findings. Details of the investigation or recommended punishment will not be included in the correspondence. The complainant will normally receive only information concerning the outcome of the complaint, including a short explanation of the finding along with an invitation to call the agency if further information is needed. (Peak, K. J. (2012)References:Peak, K. J. (2012). Justice administration: Police, courts & corrections management (7th ed.). New Jersey: Pearson.
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