0331.00, Supervisory Investigations
Refer:
• DIR 0330,00, Internal Affairs, Complaint Intake, and Processing
• DIR 0332.00, Administrative Investigations
Definitions:
• Command Counseling: A formal non-disciplinary corrective action that involves verbal counseling in response to a sustained finding for a minor policy violation. Command counseling is conducted by the Responsibility Unit (RU) manager or a designee and is documented in a memo to Internal Affairs (IA).
• Complaint: Any complaint made to the City by a member of the public, a PPB officer, or a civilian PPB employee of alleged misconduct by a Bureau member.
• Misconduct: Conduct by a member that violates Bureau regulations, orders, directives, or other standards of conduct required of City employees.
• Supervisory Investigation (SI): A formal, non-disciplinary process in which the involved member’s supervisor reviews a complaint alleging the member provided poor quality of service or committed a rule violation that, if substantiated, would not result in corrective action greater than command counseling.
• Supervisory Investigation Findings: A conclusion, based upon a preponderance of evidence, as to whether a member’s conduct violated Bureau directives. A “substantiated” finding means that the evidence was sufficient to prove a violation of directives. A “not substantiated” finding means that either: the evidence was insufficient to prove a violation of directives; the act described by the complainant occurred, but was within policy; or the allegation was demonstrably false.
Policy:
1. The Portland Police Bureau and the Independent Police Review (IPR) will work together to address complaints of poor service quality and/or rule violations, in an effort to promote and underscore the importance of individual and organizational accountability.
2. The goals of the supervisory investigation (SI) process are to improve Bureau service delivery by addressing community member concerns in a timely manner and to review and correct member behavior that may violate established rules not rising to the level of an IA investigation.
Procedure:
1. Receipt of Complaint.
1.1. Pursuant to Directive 0330.00, Internal Affairs, Complaint Intake, and Processing, a community member may file a complaint (e.g., verbal, written, electronic) regarding alleged member misconduct with IPR, IA, a Police Bureau Precinct, the Police Commissioner, or with any Bureau member.
1.2. Pursuant to Directive 0330.00, Internal Affairs, Complaint Intake, and Processing and 0310.00, Professional Conduct and Courtesy, members shall report all complaints, including those alleging poor quality of service or a rule violation, to a supervisor. Supervising members shall submit all complaints of misconduct they receive to IA.
2. IA Captain Responsibilities.
2.1. The IA Captain or designee may assign for SI those complaints which, if proven, could result in no more than command counseling.
2.1.1. Complaints alleging disparate treatment, use of force, criminal conduct, or any misconduct which, if substantiated, would result in discipline will not be handled as an SI.
2.1.2. Complaints against members who have already received a substantiated SI finding or sustained administrative investigation finding within the last calendar year regarding the same or similar type of misconduct shall not be eligible for assignment as an SI, and shall instead be assigned as an administrative investigation.
2.2. The IA Captain shall track SIs and ensure RU Managers complete them in the prescribed timeline.
2.3. Upon receipt of a complaint meeting the SI criteria, the IA Captain or designee shall notify IPR and assign the SI to the involved member’s RU for resolution.
2.4. When the RU Manager returns the completed SI Resolution Memorandum, the IA Captain or designee will review and either:
2.4.1. Return the case to the RU for any additional information or action needed; or
2.4.2. Review the memorandum and forward the case to IPR. Upon final case review from IPR, the IA Captain or designee shall close the Internal Affairs case file.
2.5. The IA Captain or designee shall maintain case files for all completed SI cases through the retention period pursuant to Directive 0332.00, Administrative Investigations.
2.5.1. SIs are non-disciplinary in nature and, therefore, shall not be placed in a member’s personnel file.
3. RU Manager Responsibilities.
3.1. Upon receipt of an SI, assign the case to a supervisor.
3.2. Review the supervisor’s findings prior to the supervisor disclosing the result of the investigation to the involved member.
3.3. Review all completed SI case files for completeness and forward them to Internal Affairs once approved.
3.4. Ensure that SIs are completed within 21 days of receipt at the RU, unless extended in writing for good cause shown.
4. Investigating Supervisor Responsibilities.
4.1. Identify specific quality of service issues and/or alleged minor rules violations.
4.2. Review all available reports, Computer Aided Dispatch (CAD) entries, videos, photographs, and other relevant documentation.
4.3. Make a good faith effort to contact the complainant to discuss the complaint. Generally, supervisors should make at least three attempts at contacting the complainant prior to discussing the complaint with the involved member(s).
4.3.1. Investigating supervisors shall document successful and unsuccessful attempts to contact complainants.
4.4. Gather information relevant to the complaint.
4.4.1. The investigating supervisor should make a good faith effort to identify, contact, and interview any community member witnesses and document those efforts.
4.4.2. The investigating supervisor shall identify and interview any witness members (i.e., Bureau members).
4.5. After consulting with the Shift Lieutenant, immediately contact the IA Captain if, after initial contact with the complainant, it appears reasonably likely that disciplinary action of suspension without pay or greater will result after a full investigation if the allegation(s) are proven to be true.
4.6. Meet with each involved member to gather information relevant to the complaint.
4.7. Make the SI finding(s).
4.8. Discuss the investigation and SI findings with the involved member. In the conversation, the investigating supervisor shall:
4.8.1. Explain the complainant’s perception of the member’s behavior;
4.8.2. Discuss the member’s actions, and if necessary, make appropriate suggestions for improvement;
4.8.3. Convey Bureau and RU Manager expectations of compliance with rules and quality of service, if these expectations were not met; and
4.8.4. Discuss alternative approaches for improving service, if appropriate.
4.9. Follow up with complainant and explain the resolution of the complaint to the extent permitted by law.
4.10. Document the results and process of the investigation and SI finding in an SI Resolution Memorandum.
4.11. Following this discussion, the supervisor shall document the discussion in the Employee Information System (EIS), pursuant to Directive 0345.00, Employee Information System.
4.12. Forward the SI Resolution Memorandum through channels to the RU Manager.
Effective: 6/21/2024
Next Review: 6/21/2026