MCSO

PROCESSING OF A CITIZEN COMPLAINT:

Upon receipt of a citizen's complaint, Professional Standards, or the Division in which the employee is assigned (if the investigation is handled at a division level), shall furnish the complainant with a written statement advising that the complaint has been received. The statement shall include:
A. A brief outline of the complaint process.
B. The date of receipt and anticipated date of completion.
C. The Internal Affairs case number assigned to the complaint.

Once a complaint has been filed and an investigation has been initiated, the subject of the investigation shall be notified in writing by the Professional Standards Unit of the nature of the complaint and the name of the complainant and the member's rights and responsibilities relative to the investigation. In cases where advanced notification would jeopardize the investigation, the notification may be given immediately prior to the interview of the subject.
1. Upon receipt of a citizen's complaint, the Professional Standards Unit shall furnish the complainant with a written acknowledgment, that the complaint has been received. This acknowledgment shall include:
a. A brief outline of the complaint process.
2. If the investigation has not been completed by the anticipated date, the complainant shall be contacted, advised of the delay and provided with a revised completion date.
3. If the complaint is received directly by the Professional Standards Unit, the Professional Standards Unit Supervisor shall notify, at the earliest appropriate time, the Sheriff, Undersheriff and the Department Director.
4. Internal investigations will not be conducted by any member of the agency without knowledge and prior authorization of the Sheriff or Undersheriff. If the Sheriff or Undersheriff are the subjects of a complaint, an appropriate authority must be contacted before initiating any internal investigations and such contact must documented. (Examples of appropriate authority include: State's Attorney's Office, Florida Department of Law Enforcement, and Federal Bureau of Investigation.

Some of the citizen complaints that are received are referred to the Division Commander of the employee(s) involved. The Division Commander shall, when necessary, confer with his Department Director to determine if the complaint is to be investigated at the Division level or forwarded to the Professional Standards Unit for assignment. The following criteria shall be used for assignment to the Professional Standards Unit:
a. Serious complaints alleging corruption, brutality, unnecessary or excessive force, or a breach of civil rights.
b. A matter, which requires confidential investigation.
c. The investigation is too time consuming that it would be impractical for the accused individual's Division Commander to undertake.
d. Members from more than one (1) Division are involved.
e. When directed by the Sheriff or Undersheriff.

Division Commanders, who have been assigned to conduct an internal investigation, are encouraged to seek advice and direction from the Professional Standards Unit.
1. When the investigation is completed, the concerned Division Commander shall file the original report, disposition, and a copy of any disciplinary action, if implemented, with the Professional Standards Unit for distribution.
2. The original report, disposition, and copy of any disciplinary action shall become a part of the Professional Standards Unit File, subject to the same restrictions and considerations as investigations conducted by the Professional Standards Unit.
3. All complaints of employee misconduct that are investigated and documented by line supervisors, or any other supervisor, shall be forwarded to the Professional Standards Unit via their chain of command.
4. Except in an emergency, no discipline may be imposed without expressed permission of the Sheriff or Undersheriff.
5. Criminal investigations of non-department persons may be investigated by a duly certified deputy sheriff. The deputy is required to advise his/her supervisor of the investigation as soon as possible. No criminal investigations may be conducted by a member of the Sheriff's Office on any other member(s) of the Sheriff's Office without the knowledge and prior approval of the Sheriff or Undersheriff. All investigative activity is to be properly and accurately documented and reviewed by the Sheriff, Undersheriff, or investigating deputy's supervisor.