I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer.

 

II. PURPOSE

The purpose of this policy is to establish a procedure by which allegations of employee misconduct can be investigated internally in a manner which is consistent with applicable federal and state laws.

 

III. APPLICABILITY

The investigative process described herein applies to all employees of this Department.

IV. BACKGROUND

As a public safety agency, it is paramount that the integrity and professional standards of this Department be maintained with county government, the law enforcement community and the general public.  Therefore, it shall be the stated policy of this Department that allegations of employee misconduct will be addressed by the Department in a fair and legal manner.

V. GENERAL POLICY

1.    The Investigator:

    

The Chief Probation Officer and/or his/her designee shall be solely responsible for the appointment of an investigator.

In the event the selected investigator or the subject employee determines that a conflict of interest may exist, he/she shall articulate the apparent conflict in writing to the Chief Probation Officer.  In the event the Chief Probation Officer then deems a conflict of interest to exist, another investigator shall be assigned.

Any investigation involving the Chief Probation Officer, Assistant Chief Probation Officer, Probation Business Manager or a Chief Deputy Probation Officer as the subject of said investigation shall be referred to County Human Resources.

When the investigator receives an allegation of employee misconduct, he/she must verify that the alleged misconduct, if true, may constitute a specific violation of federal or state law, or Departmental or County policy.

In the event the investigator determines that the alleged misconduct may amount to a violation of criminal law, the investigator shall immediately notify the Chief Probation Officer.  If the Chief Probation Officer agrees with the investigator, all further investigation will be turned over to the law enforcement agency having lawful jurisdiction.  Upon the conclusion of criminal proceedings, the Chief Probation Officer shall take appropriate action pursuant to the Department’s employee conduct policy, based upon any/all pertinent information, which may include the law enforcement agency’s investigation.

The investigator will not render any opinions or comments as to the appropriate disciplinary action for founded allegations unless opinions or comments are requested by the Chief Probation Officer.

 

            B.         Conduct of Investigation:

Internal investigations will be conducted in accordance with applicable federal and state law, and particularly follow those guidelines contained in the Peace Officers Bill of Rights, Government Code Sections 3301, et seq. for Department peace officers.

Specifically, pursuant to Government Code Section 3303, the internal investigation shall be conducted as follows:

 

1.   The investigator will inform the employee as soon as possible that an investigation is being conducted.  The investigator will also inform the employee of the specific nature of the allegations made against him/her.

2.   If there is video of the subject incident, it will be provided to the subject employee prior to the interview.

3.   Prior to any questioning of the employee by the investigator, the investigator will advise the employee verbally of his/her employee rights and if the employee is a sworn officer, supply the employee with a copy of the Peace Officer Bill of Rights and/or applicable Civil Service Codes.

4.   At the point the public safety officer employee has been informed that he/she is under investigation for allegations of misconduct which may (if founded) result in disciplinary action, as described in Section 3303 of the Government Code:  “Any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”, the employee may request to halt any further questioning until they can procure a representative of his/her choice to represent them at all times during any questioning.

5.   If the employee being investigated is a non-sworn officer, they have the right to union representation or legal representation prior to answering any questions by the investigator.

An employee may invoke his/her right not to answer any questions from the investigator.  However, a sworn peace officer can be ordered by a superior to answer questions or face insubordination.  Any questions answered by an officer ordered to do so by a superior cannot be used in any subsequent criminal proceedings.

Internal investigations shall be concluded within thirty (30) calendar days unless extenuating circumstances exist.  The employee being investigated shall, when possible, be given a reasonable expectation as to the conclusion of the investigation portion by the investigator.

 

            C.         Findings:

Upon concluding the investigation, the investigator will submit his/her report of investigation to the Chief Probation Officer or his/her designee.  The Chief Probation Officer and/or his/her designee shall then make one of the following findings based upon the investigation and report:

1. Unfounded:  allegation is false, not factual.
2. Exonerated:  incident occurred, but was lawful and proper.
3. Not sustained:  could not be proved or disproved.
4. Founded:  employee misconduct occurred and was a violation of a code section or Departmental or County policy.

    

   If the allegations are founded, the Chief or his/her designee shall cite the specific section of law or policy violated.

   All disciplinary actions resulting from proven employee misconduct will be decided by the Chief Probation Officer in consultation with the employee’s Supervisor and Chief Deputy Probation Officer.

   Upon concluding the investigation, the Chief Probation Officer or his/her designee shall put the findings in writing and serve a copy to the subject employee and/or his designee/legal representative.  This letter shall be signed and dated by the employee and the original placed in the internal investigation file.

    

   D.        Employee’s Rights to Review and Respond to Investigative Report:

   Once the investigation has been completed and the report submitted to the Chief Probation Officer and a finding made, the employee shall have the right to review all information and discovery gathered during the investigation with the exception of information deemed confidential by the Chief Probation Officer or designee. Any information deemed confidential by the Chief Probation Officer or designee, must be removed from the report and cannot be maintained in the employee’s personnel file as defined by Section 832.8 of the Penal Code.

    

   E.       Internal Investigation Files

   All internal investigation files will be maintained securely by the Chief Probation Officer or his/her designee.  All internal investigation files will be maintained for five (5) years pursuant to Penal Code 832.5 and the opinion of the California State Attorney No. 99-1111.

VI. EXCLUSIVITY

This policy will remain in effect until superseded or suspended in writing by the Chief Probation Officer and can be reviewed as needed.