TO PROTECT WITH COURAGE

TO SERVE WITH COMPASSION

2-100 Internal Affairs Process

2-101 INTERNAL AFFAIRS CALL-OUT NOTIFICATION (12/21/04)

(A-B)

Internal Affairs Unit (IAU) personnel shall be notified of allegations of serious employee misconduct 24 hours per day. During normal business hours (0800 to 1600 hours) Monday through Friday, the Internal Affairs Unit will be contacted directly for notification. It is the responsibility of the involved employee's supervisor or the incident commander to make the IAU notification. (07/11/07)

Outside of normal business hours, on-duty personnel shall notify an on-duty supervisor and the Watch Commander. The Watch Commander or on-duty supervisor shall be responsible for notifying IAU. (01/15/08)

The following situations require that the Internal Affairs Unit be immediately notified: (07/11/07)

The Watch Commander or on-duty supervisor shall gather all pertinent facts relevant to the allegation(s) and contact the IAU Commander, or his/her designee, through MECC. (01/15/08)

The IAU Commander shall assess the situation and determine whether an IAU call-out is warranted. If a call-out is initiated, the IAU Commander will determine whether the response will be immediate or delayed.

If an immediate response is necessary, the Watch Commander or on- duty supervisor shall coordinate with IAU to protect any evidence until an IAU investigator arrives. If a delayed response is warranted, the Watch Commander or on-duty supervisor shall fully document the details of the incident including his/her actions to manage the incident. (01/15/08)

All documentation shall be forwarded to IAU via e-mail, as an attachment. The subject of the email should be labeled "Investigative Data". The following language should be noted in the body of the email: (01/15/08)

"Non-public and /or Privileged and/or Confidential and/or Private Information:

This electronic message may contain investigative data which is non-public pursuant to Minnesota Statutes section 13.82 subdivision 7, or personnel data which is non-public pursuant to Minnesota Statutes section 13.43 subdivision 4.

If you are not the intended recipient of this e-mail: (1) do not read the content of the message; (2) immediately notify the sender that you incorrectly received the message; and (3) do not disseminate, distribute, or copy this e-mail."

Once IAU personnel arrive at the scene of any call-out response, IAU shall be in charge of the event as it relates to the Internal Affairs investigation. All MPD employees shall fully cooperate with IAU staff.

2-102 MPD COMPLAINT PROCESS MANUAL (01/15/08)

The MPD Complaint Process Manual outlines procedures for taking/receiving complaints made against an employee or the Department, and how complaints are processed. The Complaint Process Manual is available to all MPD employees on the MPD Intranet. It is located under "Administrative Resources/ Manuals/Complaint Process Manual."

2-103 COMPLAINTS - EXTERNAL REPORTING (01/07/02) (01/15/08)

(A)

Persons not employed by the MPD may make a complaint alleging employee misconduct by letter, phone, or in person to any employee in any area of the MPD. Complaints shall be processed according to procedures outlined in the MPD Complaint Process Manual.

MPD employees shall never attempt to dissuade a citizen from lodging a complaint. If asked, all employees shall provide citizens with a Police Conduct Incident Report (PCIR) form without question.

PCIR forms are available at the precincts, at Internal Affairs Room 112 City Hall and at the Office of Police Conduct Review (OPCR), Room 239 city Hall.  (01/15/08) (11/08/13)

The PCIR form is also available online at:

http://www.minneapolismn.gov/police/opcr-complaint

If it is not feasible to provide the form to the citizen, the MPD employee shall provide the internet website address where the PCIR form may be located online. At no time shall any employee, including supervisors, handle a complaint about themselves. Should this occur the complainant shall be immediately referred to the employee’s supervisor. (01/15/08)

An officer's formal statement may not be taken unless there is filed with the employing or investigating agency a written complaint signed by the complainant stating the complainant's knowledge, and the officer has been given a summary of the allegations. Complaints stating the signer's knowledge also may be filed by members of the law enforcement agency. Before an administrative hearing is begun, the officer must be given a copy of the signed complaint. (09/19/08)

2-104 COMPLAINTS - INTERNAL REPORTING (01/07/02) (01/15/08)

(A-D)

It is the duty of all MPD employees to report any perceived violation of MPD regulations, rules, procedures, orders, Civil Service rules, City policies, City ordinances or state or federal laws committed by another MPD employee. An MPD employee who initiates a complaint of alleged misconduct regarding another MPD employee should refer to the Complaint Process Manual for appropriate procedures. If the accused employee is the IAU supervisor, an IAU investigator, or MPD administrative command staff, the Chief of Police or his/her designee shall determine how the complaint is investigated.

All complaints, including complaint investigation and documentation, are to be kept confidential. Only the involved parties and persons with a need to know, i.e., IAU complaint review panel, should be informed of the situation.

The Chief of Police may require that a complaint be investigated by the Internal Affairs Unit or other command staff that he/she deems appropriate. Complaints shall be processed according to procedures outlined in the MPD Complaint Process Manual. (01/15/08)

An officer's formal statement may not be taken unless there is filed with the employing or investigating agency a written complaint signed by the complainant stating the complainant's knowledge, and the officer has been given a summary of the allegations. Complaints stating the signer's knowledge also may be filed by members of the law enforcement agency. Before an administrative hearing is begun, the officer must be given a copy of the signed complaint. (09/19/08)

2-105 COMPLAINTS - EMPLOYEES AS CRIMINAL SUSPECTS (01/07/02)

If any MPD employee is a suspect in a criminal case or the development of a case leads to an MPD employee being a suspect within the jurisdiction of the MPD, the Internal Affairs Unit will investigate the criminal case unless another entity is designated by the Commander of the Internal Affairs Unit or Chief of Police. The MPD’s Internal Affairs Unit will also investigate all potential policy and procedure violations relative to the criminal case. (01/15/08) (09/19/08)

If the criminal case is outside the jurisdiction of the MPD, the Internal Affairs Unit will monitor the criminal case and handle the administrative case, unless the Chief of Police designates otherwise. Officer-involved shootings will be handled in accordance with the critical incident protocol developed between the MPD and the POFM. (01/15/08) (09/19/08)

2-106 COMPLAINT INVESTIGATIONS - GARRITY DECISION (01/07/02)

(D) (01/15/08)

MPD employees are required to give a statement when ordered to do so regarding matters pertaining to the scope of their employment and their fitness for duty. These statements or the fruits thereof, compelled as a condition of employment, cannot be then used in any criminal proceedings against the employee, except in cases of alleged perjury by the employee giving the statement (Garrity vs. New Jersey, 1967, U.S. Supreme Court). (01/15/08)

All employees shall answer all questions truthfully and fully render material and relevant statements to a competent authority in an MPD investigation when compelled by a representative of the Employer, consistent with the constitutional rights of the individuals. (09/19/08)

All statements of involved police employees shall be signed and sworn. Any employee found to have intentionally given a false statement shall be subject to MPD disciplinary procedures, up to and including dismissal.

Criminal violations will be referred to the appropriate prosecuting authority for review. The administrative case involving alleged policy and procedure violations may proceed independent of the criminal case.

2-107 INTERNAL AFFAIRS UNIT RECORDS (01/07/02) (01/15/08)

(B)

All complaint records, case files, and hearing records shall be maintained according to the Complaint Process Manual. IAU cases may be accessed by IAU personnel or others on a need-to-know basis by permission of the Chief or his/her designee. Confidentiality of IAU records and files is governed by the Minnesota Government Data Practices Act (MGDPA), as amended from time to time.

2-108 MINNESOTA GOVERNMENT DATA PRACTICES ACT (01/07/02)

(B) (01/15/08)

The Minnesota Government Data Practices Act (MGDPA) governs the information concerning investigations of alleged misconduct by MPD employees. The specifics of an investigation and the basis or nature of discipline are confidential, non-public data and shall not be disclosed while the investigation is active and during any appeals process.

A Final disposition occurs when all the appeal processes afforded an employee have been concluded. This includes a Grievance Procedure, Binding Arbitration, and a Civil Service Commission Hearing Process.

MPD employees shall refer all inquiries concerning internal investigations to MPD Administration or the Internal Affairs Unit. MPD Administration and/or IAU personnel will provide only the information authorized by the MGDPA on cases involving MPD employees.

2-109 OFFICE OF POLICE CONDUCT REVIEW (OPCR) (12/14/07) (01/15/08) (05/03/13)

  1. PURPOSE
    To establish policy regarding responding to requests from Office of Police conduct Review (OPCR).  (05/03/13)
  2. POLICY
    OPCR Investigative Authority: Minneapolis Code of Ordinances, Title 9, Chapter 172, Sections 172.10 and 172.20 provides the OPCR authority to investigate allegations of misconduct by sworn employees related to alleged violations of Minneapolis Police Department Policies and Procedures, and make findings of fact and conclusions based upon those findings of fact. (05/03/13)
  3. PROCEDURES / RULES / REGULATIONS
    1. Minneapolis Code of Ordinances, Title 9, Chapter 172 Section 172.90 requires Minneapolis Police Officers to respond promptly to any and all reasonable requests for information, for participation in interviews and mandatory mediations, and for access to data and records for the purpose of enabling the OPCR to carry out its investigative responsibilities under Chapter 172. (05/03/13)
    2. Sworn employees receiving notice from the OPCR to arrange for an interview or mandatory mediation shall comply with such requests in a timely and professional manner. (See related 3-709 Overtime Policy for OPCR.) (05/03/13)
    3. The failure by any official or employee of the Minneapolis Police Department to comply with such requests for information, participation, or access shall be deemed an act of misconduct.

2-110 HARASSMENT (01/07/02) (01/15/08) (09/19/08)

(A-D)

Definitions

Harassment - any communication or other activity that occurs based upon an individual’s protected class status which may be considered discriminatory, derogatory or biased.

Protected class status - an individual’s race, color, creed, religion, ethnic/national origin, gender, age, disability (including pregnancy), or characteristics identified as sexual orientation, affectional preference, marital status, familial status, status with regard to public assistance and veterans status.

Sexual harassment - any sexual advances, request for sexual favors, or other verbal or physical acts of a sexual nature when:

Note: Courts have recognized acts of harassment directed at an individual because of gender, to be sexual harassment even though no behavior of a sexual nature occurred.

The City of Minneapolis and the MPD are committed to providing employees a work environment free of sexual and other forms of harassment. Harassment in the workplace is unacceptable and will not be condoned or tolerated. Every employee has a responsibility to comply with the City of Minneapolis Respect in the Workplace Policy.

All harassment is a violation of Federal and State laws as well as the Minneapolis Civil Rights ordinance, and may expose not only the City, but also individuals, to significant liability under the law.

Supervisors are held to a higher standard of conduct and shall be subject to a higher level of discipline for engaging in any form of harassment or for failing to enforce the City’s Respect in the Workplace Policy.

2-111 HARASSMENT REPORTING (09/19/08)

(A-D)

It is the policy of the City of Minneapolis to encourage employees who feel they have been subjected to harassment, or who have knowledge of, or believe that harassment has occurred, or is occurring within City government, to report these concerns to the Human Resources Department. The Human Resources Department is the first contact for all harassment complaints.

Supervisors who become aware of harassment or receive a complaint of harassment shall take immediate action. In all cases supervisors shall document the information on the harassment incident and forward it to Human Resources, with a copy to the Internal Affairs Unit (IAU). All documentation shall include, but not be limited to: the complaint activity, time, place, persons involved, witnesses, and supervisor’s response. All City mandated procedures and MPD policies shall be followed.

A supervisor may attempt to resolve a minor complaint, but before final resolution the complaint and recommended solution shall be sent to Human Resources for review, and the Internal Affairs Unit will be copied. The matter will be officially resolved if all parties are satisfied with the proposed resolution and Human Resources concurs with the resolution.

The Human Resources Department is the main investigative authority for all City employee Respect in the Workplace and Harassment complaints, and is obligated to promptly and thoroughly investigate all such claims of harassment. The MPD Internal Affairs Unit may investigate the complaint as requested by, in concurrence with, or separately from the City’s Human Resource Department. The Commander of IAU or his/her designee shall serve as the MPD’s liaison to Human Resources for harassment complaints which are based on an alleged violation of the City’s Respect in the Workplace Policy. Other employees may assist Human Resources as requested by Human Resources or as determined by the Chief of Police.

Each Department or investigative body has the responsibility for documenting their own investigative process. The Human Resources investigative process will comply with procedures established by the Human Resources Department and the City of Minneapolis Respect in the Workplace Policy. Those procedures provide for a response from Human Resources to the complainant at the conclusion of the investigation. The subject of the investigation will be informed of the outcome by either Human Resources or the Minneapolis Police Department.

All correspondence on harassment complaints is to be kept confidential with only the involved parties and those determined to have a need to know being notified.

Commanders, supervisors and all employees shall immediately refer any threats, complaints of a criminal nature, or attempts at retaliation for reporting harassment to Human Resources and the Internal Affairs Unit. If the Human Resources supervisor or an Internal Affairs investigator is not available, the Watch Commander shall be notified. Watch Commanders shall take immediate action (i.e. separate parties) if the situation warrants. The Watch Commander will document the incident and their response, and forward it to Human Resources and the Internal Affairs Unit before the end of their shift.

Last updated Nov 12, 2013