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Internal
Affairs Investigation - Keep it Fair
Unfortunately, Internal Affairs is a necessary evil in governmental agencies. When done correctly and not politically, this can be an important tool for both the officer and the Department. The Division of Criminal Justice has set forth guidelines which are to be followed when conducting an Internal Affairs Investigation.
There are two
types of internal
affairs (IA)
investigations:
1. One initiated by a civilian complaint (external); and,
2.
One initiated
in-house by a
supervisor or fellow
officer(internal).
It should be
noted that most external
investigations are dismissed or
unfounded, while those initiated internally
are more likely to result in
disciplinary action.
When determining why the external complaints are unfounded and the
internal ones upheld one needs to look to the motivation for bringing
the complaint in the first place, the Politics.
In the external
complaint the complainant is
most likely motivated by the fact that he
has been investigated, arrested, ticketed or somehow inconvenienced by
the officer he is bringing the complaint against. In reality his
“complaint” is simply a
“counterclaim” used to intimidate the officer and
make the charges go away or to deter the officer from
“picking”on him in the future. The investigating
agency is quick to realize this and the
motivation for the complaint is
given great weight in deciding the outcome of the investigation.
Even
more compelling is the liability that the Department/Agency will incur
if they admit wrongdoing on behalf of one of their own. In this
situation the officer and the department are working in unison to a
common end.
In the internal
complaint the complainant has
ulterior
motivation, usually political. In this investigation the
motivation of
the complainant is given very little weight and the
“actions” of the officer are given the greatest
weight in determining the outcome of the investigation.
It is in this
situation that the targeted officer must be aware of his rights and
should be able to articulate
the reasons for his actions
clearly and
repeatedly, making
sure that they become part of the record.
Internal
affairs interviews should be recorded. If at any point in time the
investigation appears to be turning towards a criminal investigation it
is very important that you articulate same. “I believe that
this is turning into a criminal investigation and would like to invoke
my rights and have my
lawyer present.” If the agency does not comply with your
request, your statements will more than likely be inadmissible under
the Garrity Rule. Most importantly make the request and make sure the
investigator acknowledges that he heard it.
It is important
to
articulate the reasons for your actions. There is a good, sound reason
that you
took the action that you did. Do
not let your
Department/Agency dictate to you the reasons, only you know what they
are. Do
not lie. Go
over the thought process you
were using when you made the decision you did, there are very few
officers that deliberately make bad decisions for bad reasons. It is
more likely that you made an unpopular decision for the right reasons
and in response to the circumstances surrounding the incident.
Be able
to articulate them and articulate them repeatedly. The
Internal Affairs
investigator will attempt to concentrate on the actions that you took.
You need to take charge of the investigation and concentrate on the
reasons that you could not adhere to policy on this particular
occasion. Remember policy is
developed for the “perfect
world” and the day to day operations of the
Agency/Department. It is set as a guideline
and created in anticipation of
events. Policies are changed all the time when it is discovered that
they are impractical and/or ineffective.
Only you know the motivation of the officer(s) initiating the complaint against you, articulate it, make it part of the record. You can say whatever you need to say as long as you do it “tactfully”. Even though you are the target of the investigation and have every reason to get mad, now is not the time. Turn it around.
Now
is the time to say, “I know (officers name) is having a
hard time with (the problem, i.e. Divorce, promotions...etc.) and I
would
like to help him out, but bringing an internal affairs investigation
against me is only going to make things worse.” or
“You know (officer's name) and I were both dating (name) and
ever since then he has been trying to jam me up, I really wish we could
sit down to discuss and resolve this issue, instead of wasting the
Departments time.” “You know (officer's name) and I
are both up for promotion, I feel bad that he feels the need to bring
these charges and does not have faith in his ability and record to beat
me on merit.” Whatever
the situation is, articulate it and get it in the record.