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HomeMy WebLinkAboutBPW-06-22-94-07CPDMisconductA Resolution of the Carmel Board of Public Works and Safety Adopting Accreditation Standards of Conclusions of Misconduct for Sworn Police Officers of the City of Carmel, Indiana WHEREAS, the Carmel Police Department needs Accreditation Standards for efficient professional operation of the Department. NOW, THEREFORE, be it resolved by the Carmel Board of Public Works and Safety of the City of Carmel that the City of Carmel Police Department be authorized to: Operated under incorporated accreditation standards for "Conclusions of Misconduct" adopted by the Board of Public Works and Safety, signed this date. All of which is resolved this .-~ day of -~~ , 1994, by the Board of Public Works and Safety of the City of Carmel. Board of Public Works and Safety for the CITY OF CARMEL, INDIANA. Mayor T~son, Presiding Officer Steve Brown, Member Rick McKinney ,~ Member NUMBER 26.1.7/1.8 SUBJECT CONCLUSIONS OF MISCONDUCT # PGS. 3 DATE OF APPROVAL DATE OF ISSUE EFFECTIVE DATE DISTRIBUTION Department AMENDS THIS ORDER CANCELS All Previous Orders I. PURPOSE: To provide structured conclusions of fact for each allegation of misconduct. II. POLICY: The Department shall conclude all investigations of disciplinary matters with one of the following conclusions: a. Proper conduct: The allegation is true, but the action of the agency or the officer was consistent with agency policy and the complainant suffered no harm. b. Improper conduct: The allegation is true and the action of the agency or the officer was inconsistent with agency policy and the complainant suffered harm. c. Policy failure: The allegation is true, and although the action of the agency or the officer was not inconsistent with agency policy, the complainant suffered harm. d. Insufficient evidence: There is insufficient proof to confirm or to refute the allegaton. e. Unfounded complaint: Either the allegation is demonstrably false or there is no credible evidence to support it. III. PROCEDURE: A. The investigation of alleged misconduct will be fair and objective. It will be reduced to a written report. The investigator of facts shall summarize the pertinent information, including; 1. The name, rank, unit number and present assignment of the person being investigated including specific assignment and hours of assignment; 2. The date(s) and time(s) of the misconduct and location(s), indicating on or off duty status; 3. The specific numbered policy or procedure violated or the common name of the violation as set by IC 36-8-3-4; 4. An abstract (summary) of the complaint or alleged act of misconduct; '5. Pertinent portions of the statements of all parties to the incident; 6. A description of the incident, physical evidence and other evidence of importance to the case; and 7. The observations and conclusions of the investigating officer. 8. Signature of the investigating officer(s). B. Distribution of disciplinary reports shall be as follows: 1. Original and one copy to the Division Commander via the chain of command. 2. One copy to the subject of the report. One copy to be retained by the supervisor imposing or recommending the action. C. Records of disciplinary reports shall be maintained in the Division Commanders office (copy) and the officers personnel file (original). 1. Improper conduct charge~ are made a permanent part of the officers personnel file. 2. Other findings of fact are held for a period not to exceed two years unless they become part of progressive discipline or to defend the agency or officer. Roger C.'~Com3n, Chief of Police Date