MCSO

INVESTIGATION OF COMPLAINTS:

The investigation of a complaint of improper conduct shall
be consistent with Florida Law and current policies and procedures of the Martin County Sheriff's Office.

1. The Professional Standards Unit shall act for the Sheriff as a fact-finding unit and shall make no recommendation as to the discipline and/or training resulting from the investigation unless requested to do so by the Sheriff.

2. Professional Standards Unit investigators have authority to order Sheriff's personnel, regardless of rank, to cooperate in internal investigations. The Professional Standards investigator shall be the Sheriff's designee for the purpose of conducting an internal investigation.

The investigator may utilize the following investigative procedures when appropriate.
a. Question personnel or conduct investigations at a reasonable time and place, unless the seriousness of the investigation is of such a degree that immediate action is required.
b. Investigative questions shall be directly related to the matter under investigation.

1. When criminal prosecuting is contemplated against personnel who are to be interviewed, appropriate Miranda warnings shall be given and counsel or other representatives allowed to be present.

2. When criminal prosecution is not contemplated, the individual may be ordered to respond to questions.

c. Sheriff's personnel may be ordered to submit to a line up, medical or laboratory test, breath test, photographs, voice print, hand writing exemplar, polygraph or other such tests or examinations that are specifically directed or related to a particular Professional Standards Unit investigation being conducted. Also, an employee may be required to submit financial disclosure statements.

d. Personal property shall not be subjected to search or seizure without probable cause and/or warrant, as required by law.
e. Martin County Sheriff's Office property may be searched at any time, even if assigned exclusively to an individual (i.e.: desks, file cabinets, lockers, and vehicles).

f. The Sheriff's office communications facility may be monitored at any time under conditions permitted by law. Other communication or conversations may also be monitored at any time under conditions permitted by law.

3. At the conclusion of a Professional Standards Unit investigation, the Professional Standards Unit shall document facts and evidence gathered, and shall forward a report to the Sheriff and Undersheriff.

4. Professional Standards Unit investigations shall be completed within thirty (30) days after receipt of the initial complaint, unless the Undersheriff grants an extension. Weekly status reports shall be submitted as necessary.

Investigations Can Have the Following Outcomes:
A. Sustained: The allegation is supported by sufficient evidence.
B. Partially Sustained: The incident has two (2) or more allegations and at least one (1) of the allegations is sustained.
C. Policy Failure: The policy or procedure does not properly address the allegation, or conflict in policy or procedure led to the alleged conduct.
D. Unfounded: The allegation was demonstrably false or there is no credible evidence to support the complaint.
E. Not Sustained (Unsubstantiated): The investigation failed to disclose sufficient evidence to prove or disprove the allegation.
F. Exonerated: An incident occurred but the individual's actions were lawful and proper.
G. Misconduct Not Based On The Original Complaint: Substantiated misconduct not mentioned in initial allegation, which was uncovered during the investigation.
H. Informal Disciplinary Action: Non-punitive action of an educational nature such as counseling, training, retraining, warning, or reprimand intended to correct or improve performance.
I. Formal Disciplinary Action (Punitive): Dismissal, demotion or suspension from duty without pay.
J. Punitive Incidents or Violations: Incidents or violations of rules & regulations, policies, standard operating procedures, or special orders by Sheriff's Office personnel for which the appropriate response consist of formal disciplinary action.

When a complaint against an employee is sustained, the relevant information is sent to the Commander of the employee (s) involved for appropriate action. Discipline for infractions can occur in the following manner:
· Training and/or counseling
· Removal/Transfer from a specialized unit
· Reprimand
· Suspension from duty without pay
· Demotion (for ranking officers)
· Termination from the agency
· Criminal Prosecution

Click to print a copy of the Citizen Commendation and Complaint Procedure

It is the policy of this Office to patrol in a proactive manner, to aggressively investigate suspicious persons and circumstances, and to actively enforce the motor vehicle laws. This will occur while insisting that citizens will only be stopped or detained when there exists reasonable suspicion to believe they have committed, are committing, or are about to commit, an infraction of the law. It is against the policy of this agency to conduct bias-based profiling while conducting traffic contacts, field contacts, searches and seizures, asset seizures and forfeiture efforts.