Internal affairs: issues for small police departments

FBI Law Enforcement Bulletin,The, July, 2003 by Sean F. Kelly

In a small agency, the closeness of its members, or "family" atmosphere, makes a serious complaint extremely difficult to investigate. Finding a truly objective investigator within the agency may prove impossible. Regardless of an agency's size, the emotional drain of a complex and difficult investigation can have long-term effects. In some cases, it may prove appropriate to invite an outside agency, such as the local sheriff's department, state police, or district attorney's office, to conduct the inquiry.

Investigation Type

After an agency receives a complaint, it must decide whether the alleged violation rises to the level of a crime or constitutes an administrative infraction of its policies. This decision can have far-reaching effects, so an agency must not take it lightly.

When deciding what path to take, an agency should consider the credibility of the complainant. Is the individual dissatisfied with the agency? Does the agency know that the person is credible? Has the involved officer arrested the person, a friend, or a family member? Does the complainant have a history of being less than truthful? Does the complainant know the consequences of filing a false report?

Without question, an agency has a need to protect itself and the community it serves from alleged rogue employees. An administrative proceeding can prove essential in that effort. However, to sacrifice a criminal investigation for the purpose of conducting an administrative proceeding could create a gross miscarriage of justice.

Regardless of the action taken, assigned investigators need to apply basic investigative skills and practices. They also must have ample time to complete their investigations. Small agencies that have few resources could find that other tasks normally assigned to these officers may suffer. For the betterment of the agency, however, it remains critical to allow investigators to fully develop the case. Investigators will have enough pressure from investigating "one of their own" without additional pressure from the chief demanding results.

Investigation Findings

Upon conclusion of an internal investigation, typically, one of four findings occurs for each allegation. Because the investigation may reveal that one or more of the allegations may have different conclusions, the investigator must have the flexibility to make a finding for each individual allegation, rather than for the entire complaint. Durham Police Department internal investigations allow conclusions for allegations as follows:

* Not sustained: Insufficient evidence exists to prove or disprove the complaint. This finding may be used for any complaint that has gone unresolved.

* Exonerated: The incident occurred, but the employee's actions were justified, lawful, and proper.

* Unfounded: The complainant admits to making false allegations (e.g., the charges were false or the employee was not involved in the incident).

* Sustained: Sufficient evidence exists to indicate that the employee, in fact, did commit one or more of the alleged acts.