INTERNAL AFFAIRS POLICY & PROCEDURES | August 2020 21
(Investigation of Internal Complaints). At the conclusion of the investigation, the internal
affairs investigator and/or the investigating agency shall make factual findings, summarize
the matter, and indicate the appropriate disposition (Sustained, Unfounded, Exonerated, or
Not Sustained) as to each allegation of misconduct. See Sections 6.2.3, 6.3.9. In cases
involving Police Chiefs, final dispositions and recommendations shall be forwarded to the
appropriate authority. While the appropriate authority must make the final decision
regarding discipline, the County Prosecutor may make a non-binding recommendation
regarding the discipline to be imposed by the appropriate authority. The County Prosecutor
or the Attorney General’s Office also may determine that it is appropriate to handle other
internal affairs investigations of high-level officials in their discretion.
5.1.9 Complaints may also be received from other law enforcement agencies, such as
neighboring municipal police agencies, the County Prosecutors, the Division of Criminal
Justice or federal law enforcement agencies. Those complaints should be forwarded to
internal affairs for immediate investigation. In some jurisdictions, law enforcement
agencies may be subject to the oversight of a civilian review board authorized to accept
complaints directly from members of the public. If a civilian review board refers a
complaint to a law enforcement agency, then those complaints should be forwarded to
internal affairs for immediate investigation.
5.1.10 If a person comes to a particular law enforcement agency to make a complaint about a
member of another law enforcement agency, he or she should be referred to that agency.
The complainant should also be advised that if they have fear or concerns about making
the complaint directly to the agency, they may instead file a complaint with the County
Prosecutor or the Attorney General’s Office.
5.1.11 All complaints should be investigated if the complaint contains sufficient factual
information to warrant an investigation. In cases where the officer’s identity is unknown,
the internal affairs investigator should use all available means to determine proper
identification. Where civil litigation has been filed and the complainant is a party to or a
principal witness in the litigation, the internal affairs investigator shall consult with legal
counsel to determine whether an investigation is appropriate or warranted.
5.1.12 In some cases, a complaint is based on a misunderstanding of accepted law enforcement
practices or the officer’s duties. Supervisors should be authorized to informally resolve
minor complaints, whenever possible, at the time the report is made. If the complainant is
not satisfied with such a resolution, the complaint should be forwarded to internal affairs
for further action as warranted. The process of informally resolving internal affairs
complaints requires the exercise of discretion by supervisors. The proper exercise of
discretion in such matters cannot be codified.
5.1.13 Even if the complainant is satisfied with the informal resolution, the process should be
recorded on an internal affairs report form. Regardless of the means of resolution, the
integrity of the internal affairs process, particularly the receipt of complaints, demands that