Internal Affairs
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Source file: 4.01 Internal Affairs.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
M.G.L. links open the Massachusetts Legislature’s website. Citations with no matching section open the cited chapter directory.
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Policy & Procedures No. 4.01
Subject:
Internal Affairs
Issuing Authority: Effective Date: Review Date:
Chief of Police 10/01/2012 01/15/2022
References:
Review
Revision 08/14/14
Reissued 01/03/15
Dates: 10/01/16
11/12/18
03/14/2020
CALEA STANDARDS POST STANDARDS
52.1.1 52.2.1 52.2.6 26.1.5 82.1.1 REC-01 IA-05
52.1.2 52.2.2 52.2.7 26.1.6 IA-01 IA-06
52.1.3 52.2.3 52.2.8 26.1.7 52.2.9 IA-02 CONDUCT-01
52.1.4 52.2.4 26.1.2 26.1.8 IA-03
52.1.5 52.2.5 26.1.4 11.4.4 IA-04
GENERAL CONSIDERATIONS AND GUIDELINES
A relationship of trust and confidence between the employees of this police department and the
citizens of the community is essential to the successful accomplishment of law enforcement
objectives. All police employees are expected to conduct themselves, whether on or off duty, in
such a manner as to reflect favorably upon themselves and the Department. The consistently
high quality of this standard of conduct establishes and maintains the reputation of the
Department and encourages the support of the community for police purposes and goals.
In the Canton Police Department this function of internal affairs may be delegated by the Chief
to the Deputy Chief who in turn may assign a Lieutenant. For the purposes of this Policy and
Procedure, the term Internal Affairs Section will refer to any of the foregoing as appropriate.
52.1.3
The internal affairs function is important for the maintenance of professional conduct in a law
enforcement agency. The integrity of the Department depends on the personal integrity and
discipline of each employee. To a large degree, the public image of this Department is
determined by the quality of Internal Affairs investigations responding to allegations of
misconduct against the Department, officers and/or civilian employees. 52.1.1 (1,2)
The primary responsibility of the Internal Affairs function is to respond to allegations of
misconduct against the police department and its employees. An officer assigned to complete an
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Internal Affairs investigation will be responsible for recording, registering, and controlling the
investigation of complaints against all employees; supervising and controlling the investigation
of alleged misconduct within the Department; and, maintaining the confidentiality of internal
affairs investigations and records. A proper Internal Affairs investigation will ensure that the
integrity of the Department is maintained through an internal system where objectivity, fairness
and justice are assured by intensive and impartial investigation and review. 52.1.2 (3)
The responsibility for supervising, conducting, coordinating, and maintaining the Internal Affairs
function of the Department lies with the Deputy Chief who shall report directly to the Chief of
Police. (CEO Notification Policy #1.31) All findings will be prepared in writing and presented
to the Chief of Police with a recommendation for disposition. 52.1.3 (1,2,3)
Since an Internal Affairs investigation involves allegations against a member of the Department,
it is essential that the process not only be lawful, but confidential as well. This necessitates strict
confidentiality and full adherence to procedure.
The objectives of an Internal Affairs investigation are:
1. Protection of the public;
2. Protection of the employee;
3. Protection of the Department;
4. Removal of unfit personnel;
5. Correction of procedural problems.
6. Address training deficiencies
All alleged or suspected violations of laws, ordinances, by-laws, department rules, regulations,
policies, procedures, and orders (verbal or written), must be investigated according to the
procedures outlined for each. These include:
1. Alleged violations reported to the Department’s superior officers by other members
of the Department, either orally or in writing;
2. Alleged violations, observed or suspected, by Department superior officers;
3. Citizens’ complaints of alleged police misconduct which are made in person, by
letter, by telephone, or anonymously (includes detainee complaints). 52.1.1
POLICY
It is the policy of this police department to investigate all complaints against a member of the
Department or against the agency itself, regardless of the source of such complaints
(including anonymous complaints), through a regulated, fair, and impartial Internal Affairs
Program. 52.1.1 (1,2,3)
This agency will comply with submitting all required misconduct and internal affairs
complaints information to the POST Commission within two (2) business days in a form
established by POST. IA-01; 52.2.9 (1, 2B)
PROCEDURE
INTERNAL DISCIPLINE 26.1.4
A. Code of Conduct: All members of the department must be thoroughly familiar and
comply with all department rules, regulations, policies, procedures and orders.
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B. Disciplinary Actions: The Rules and Regulations section list several methods of
discipline to be administered in a fair and impartial manner for infractions of department
rules, regulations, policies, procedures and orders. These include oral reprimand, written
reprimand, suspension, demotion and dismissal. The following methods may also be
employed in addition or as alternatives to the above:
1. Training: In some cases, a member’s disciplinary or productivity deficiencies may
be addressed by additional training in the problem area. Successful completion of the
course of training an application on the job will determine the effectiveness of this
method. At the discretion of the Chief of Police, an employee may be required to
attend such training. Criteria for using training as a function of discipline is the
nature of the offense, how many prior incidences the offending officer has had and
acknowledgement and accepting responsibility by the officer. 26.1.4 2(A,B)
2. Counseling: At those times that a supervisor recognizes a minor problem or the
potential for one with a member, they may choose to discuss the matter with the
employee and attempt to remedy the situation before more stringent disciplinary
methods are required. If after discussion with the employee the problem continues,
the supervisor will notify, in writing, the Deputy Chief of the reasons necessitating
such action. A copy of such notice will be given to the employee. Criteria for using
counseling as a function of discipline is the nature of the offense, how many prior
incidences the offending officer has had and acknowledgement and accepting
responsibility by the officer. 26.1.4 2(C,D)
3. Punitive Actions: Instances warranting punitive actions being taken against an
employee will vary from case to case. Criteria for using punitive action as a function
of discipline are is the infraction a repeat offense, should the employee have known
right from wrong, was the act or omission egregious, etc. Upon the Chief’s
recommendation, an employee may be subject to punitive action such as, but not
limited to, letter of reprimand, extra duty, assignment change, suspension and
termination. The Chief will conduct a thorough review of all the facts pertaining to
the infraction(s) before making his determination. 26.1.4 2(E,F)
C. Role of the Supervisor 26.1.5
1. The first-line supervisor’s familiarity with their personnel allows them the best
opportunity to observe or foresee disciplinary problems and to determine the most
appropriate methods to deal with them.
2. The first-line supervisor has the primary responsibility for overseeing the conduct,
discipline, and duty performance of all personnel under their supervision and the
basic accountability for failure to take warranted disciplinary action.
3. Supervisors shall be responsible for discovering marginal or problem employees and
for uncovering any evidence of corruption, dishonesty, or malfeasance by personnel
under their command.
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4. Supervisors must exercise discretion in the application of disciplinary action. As
noted before, the use of counseling by a supervisor may avert a potential disciplinary
problem or prevent a minor problem from escalating. Supervisors may also issue an
oral reprimand to an employee for a minor infraction when they occur. 26.1.5 (1)
5. All supervisors have the authority to relieve from duty with pay any employee (sworn
and non-sworn) under his/her command for the balance of the assigned shift only if
said Supervisory has determined that the employee is unfit or unable to perform
his/her assigned duties or responsibilities. In all cases, the Chief of Police and the
Deputy Chief shall immediately be notified and advised of the circumstances
surrounding such action and a written memorandum will be submitted outlining the
incident. This action may or may not occur as a result of a need for disciplinary
investigation or action. 26.1.5 (1); 52.2.7 (1A,B, 2)
A. Examples of relieving for non-disciplinary reasons would be as follows:
i. If the officer or employee is suffering from an illness and appears too sick
to work effectively or safely.
ii. If the officer or employee reports to work injured, is injured during the
performance of duties and a physician advises that he/she be relieved, or is
injured on duty and refuses to acknowledge the apparent danger the injury
may place himself/herself in if remaining on duty.
iii. The officer’s or employee’s mental state or behavior as the result of an
unusual or traumatic situation presents a danger or fitness for duty concern
and therefore responsibilities may not be performed safely and properly.
B. Supervisors may initially investigate and relieve any officer or employee from
duty, with pay, for the balance of the assigned shift only, for any infraction or
violation of the Rules, Regulations, Policies, Procedures or Orders of the
Department. The following are only examples; not limited to. 52.2.7 (1A,B, 2);
52.2.1A
i. Reporting to duty while under the influence of alcohol or controlled
substance.
ii. Insubordination
iii. Leaving assigned post or refusing to perform assigned duties.
iv. Committing a criminal offense while on or off duty
v. Falsifying a statement or record
vi. Abusing, stealing, damaging, destroying, or defacing property or
equipment of the Department or others
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vii. Improper use of Department property
viii. Conduct unbecoming a police officer
C. Any Shift Supervisor who relieves an officer or employee from duty for
disciplinary reasons shall immediately file a Report to the Chief containing all
details of the matter. This form will be left with the Lieutenant on duty, with
copies going to the Chief of Police. Further investigation into the matter will be
conducted in accordance with the procedures outlined previously in this Directive.
Further investigation into the matter will be conducted in accordance with the
procedures outlined in this policy.
6. All supervisors have the duty to ensure that discipline is maintained within the
department. It should be remembered that discipline can be positive in nature and
includes recognizing and rewarding exemplary performance, training, counseling, as
well as punitive discipline.
EMPLOYEE RECOGNITION 26.1.2
Employees can be recognized for exceptional performance in several ways. If it is
believed that an employee’s actions have risen above and beyond their normal job
performance, the person noting this exceptional performance is to write a
memorandum recommending recognition to the employee’s immediate supervisor
detailing his/her actions. This memorandum will then be passed to a Lieutenant for
review who in turn will pass it on to the Deputy Chief. A Lieutenant can be the one
to note exceptional performance by an officer as well. In this case, the Lieutenant
will draft the memorandum and forward it to the Deputy Chief. The Deputy Chief
will then pass the memorandum on to the Chief of Police for final review and
recommendation.
Based on the action performed by the employee such as, but not limited to, receiving
a promotion, saving the lives of others, risking personal injury to help another, etc.
the Chief may choose to do any of the following:
1. Write a letter of commendation to the employee to be placed in their personnel
file.
2. Make a request to the Board of Selectman that the employee receive recognition
by the Town for their action. Generally, recognition is honored with a brief
ceremony at Town Hall.
COMMAND LEVEL AUTHORITY
The following is an outline by rank and command level of authority of supervisors to
discipline their subordinates. 52.2.1 A; 26.1.5 -2
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1. FIRST-LINE SUPERVISOR: has the authority to counsel, evaluate, praise and
recommend for recognition. They also have the authority to issue oral reprimands,
written verbal warnings, relieve from duty as specified above, or recommend more
serious punitive disciplinary action as appropriate.
2. LIEUTENANT: has the authority to issue written reprimands with the approval of
the Deputy Chief or recommend more serious punitive disciplinary action as
appropriate.
3. DEPUTY CHIEF: has all the above plus the authority to recommend suspension,
demotion and termination.
4. CHIEF OF POLICE: has all the above, plus the authority in accordance with the just
cause provision of the collective bargaining agreement, all applicable law and policy
to promote, suspend and terminate an employee.
Any supervisor who is directed to act in the capacity of a rank above his/her ordinary or
usual rank shall, for that necessary time, possess the authority of that rank.
PROCEDURES FOR INSTITUTING DISCIPLINARY ACTION
In all cases involving disciplinary action, the following procedures shall be followed:
1. The supervisor alleging misconduct of an employee shall complete a written
memorandum to their immediate supervisor or commanding officer.
2. Upon receipt of a memorandum, the commanding officer shall take all necessary
steps within their authority to address the situation. In those cases where such request
exceeds their authority, the request shall be forwarded to their immediate supervisor
for action.
3. Upon receipt of a memorandum requesting disciplinary action, the Commanding
Officer shall review the circumstances and ensure that proper action was taken.
4. All written memorandums requesting disciplinary action or employee commendation
shall be forwarded to the next higher superior officer above the supervisory taking the
disciplinary action or employee commendation. 26.1.2
5. If the disciplinary action taken was in the form of training, the assigned Deputy Chief
shall place a copy of the written request, along with a description of the training
given, in the officer’s training folder. 26.1.4
6. The assigned Deputy Chief will review and maintain all records of disciplinary
actions against all employees that involve training or counseling. These records will
be stored in the employee’s disciplinary/reprimand file which will be located in the
assigned Deputy Chief’s office in a locked room to which there is limited employee
access. 26.1.8
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COMPLAINT PROCEDURES
A. Complaint Report Form
1. A standard complaint report form should be used to record all complaints of
misconduct, mistreatment, or unethical practices against police department personnel,
whether registered by a citizen, initiated from within the police department, or
forwarded by another governmental agency.
2. The following information shall be included on the complaint report form:
a. Date and time of complaint report;
b. Name, address, and telephone number of the complainant;
c. Name, address and telephone numbers of any witnesses to the reported incident;
d. Name, rank, badge number (or description) of the employee against whom the
complaint is made;
e. Date, time and location of the reported incident;
f. Complainant’s description of the incident which resulted in the complaint;
g. Signature of complainant;
h. Signature of parent or guardian if complainant is under eighteen years of age;
i. Date and time the Chief of Police received the complaint.
3. Every person making a complaint against a department employee shall receive a copy
of his or her complaint to serve as a receipt verifying that such complaint has been
received and will be processed. 52.2.4 (2A,B)
a. When a complaint is made in person, the Chief of Police will ensure that the
complainant receives a copy of his or her complaint to serve as a receipt as a
written verification that the complaint has been received. A CAD coded Civil
Complaint will be initiated to serve as verification that the complaint was
received. 52.2.4 (2A)
b. When a complaint is received over the telephone the Shift Supervisor will initiate
a CAD coded Civil Complaint to serve as verification that the complaint has been
received. Only the complainant’s information need be recorded and the fact that it
is a citizen’s complaint.
B. Receiving and Recording Complaints
1. The officer-in-charge of the station at the time the complaint is made shall be
responsible for the efficient receiving and complete recording of any complaint of
police employee misconduct made by a citizen in person or received by telephone. If
the officer in charge of the station is a patrol officer, he/she shall contact the Shift
Supervisor who shall attempt to speak with the complainant.
2. Courtesy and cooperation should be extended to all citizens registering complaints or
otherwise inquiring about complaint procedure.
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3. This initial contact between a complaining citizen and police authorities is a most
important stage in the complaint process as the complainant is often tense, angry, and
emotionally upset, and the potential for hostility is great.
4. No person should be denied an opportunity to register a complaint, nor should any
such person be directed to return or call back later. If the complainant is intoxicated,
the complaint should be recorded and the complainant advised to return at a later
date. The complete written complaint form must be filed with the office of the Chief
of Police.
5. Every complaint report form shall be given an identifying number, so that the
processing of complaints can be carefully monitored. The Deputy Chief will assign
this identifying number if not already assigned one by the Shift Supervisor.
6. Citizens making complaints in person should be requested to read over their complete
report, to make any necessary corrections or additions and to sign their complaint.
7. If a complainant refuses to sign a complaint, a notation to that effect should be made
on the complaint form.
8. Citizens making complaints by telephone should be informed that their signed
complaint is requested; however, no telephone complaint should be refused or
rejected because the complainant does not wish to sign a complaint form or because
he/she does not wish to be identified. A CAD shall be initiated.
9. No complaint should be rejected solely because it is anonymous, as anonymous
complaints can often be a valuable source of information and should be considered on
their individual merits. 52.1.1 (3)
10. Care must be taken, however, that the Department employees are not subject to
unjust, frivolous, or capricious complaints.
C. Complaints Received by Mail
1. If a complaint of misconduct or mistreatment by a department employee is received
by mail, the allegations shall be incorporated in a standard complaint form and the
original communication attached thereto.
2. If the information so received is insufficient or incomplete the complainant shall be
contacted, if possible, and informed of the Department complaint procedure and any
necessary additional information obtained. In any case, The Chief of Police will cause
a CAD to be initiated under Civil Complaint documenting all the information as
necessary.
D. Departmental Complaints 52.2.2
Formal departmental complaints of misconduct against the department or any department
employee shall be initiated by the preparation of a formal letter submitted through the
chain of command. The Deputy Chief shall verbally make the Chief of Police aware of
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all formal departmental complaints within two business days. 52.2.2 (1,2,3,4A) The Chief
of Police shall be notified (verbally or by other means of telecommunication)
immediately by the Deputy Chief or by the Officer in Charge during the Deputy’s
absence, of any allegations of criminal activity involving an officer or the agency.
11.4.4; 52.1.3; 52.2.2 (4,5)
E. Complaints by Detainees
Any detainee who alleges misconduct or mistreatment by a department employee shall be
advised by the Officer-in-Charge of the station of his/her rights to submit a complaint
report form in the usual manner and such complaints should be investigated and
processed in the same manner as other citizen’s complaints.
Any law enforcement officer who commits an indecent assault and battery on a person
in their custody or control will be charged under G.L. c. 265, §§ 13H½. CONDUCT-01
Task 2; Action Item 17
F. Complaints from Governmental Agencies
When information is received or obtained from other governmental agencies alleging
specific acts of misconduct against a department employee, this information shall be
recorded on a standard complaint report form and an investigation initiated in the usual
manner.
G. Street Complaints
If an officer on the street is approached by a citizen regarding a complaint of alleged
misconduct against an employee of the police department, the officer shall inform such
person that his or her complaint should be directed to the Officer-in-Charge of the station.
INVESTIGATIVE PROCEDURES
Categories of Complaints
1. The Department has established guidelines regarding which categories of complaints
will be handled and investigated by a formal internal investigation and which by a shift
supervisor, as part of routine discipline. The criteria for determining the categories of
complaints to be investigated and/or reviewed by Internal Affairs Investigation include, but
are not limited to, allegations of:
a. corruption;
b. brutality;
c. use of excessive force;
d. violation of civil rights; and
e. criminal misconduct 52.2.1 (2)
f. submitting false time sheets
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Special note on submitting false time sheets: CONDUCT-01 Task 1; A.I. 17 A law enforcement officer, as defined in section 1 of chapter 6E, who knowingly submits to a state agency, state authority, city, town or agency, as defined in said section 1 of said chapter 6E, a false or fraudulent claim of hours worked for payment and receives payment therefor or knowingly makes, uses or causes to be made or used a false record or statement material to a false or fraudulent claim of hours worked for payment that results in a law enforcement officer receiving payment therefor or any person who conspires to commit a violation of this section shall be punished by a fine of 3 times the amount of the fraudulent wages paid or by imprisonment for not more than 2 years. 2. Criteria for the assignment of an investigation to a shift supervisor may include such offenses as: a. alleged rudeness; b. tardiness; and c. Insubordination 52.2.1 (1) Immediate Resolution of a Complaint In some cases a complaint can be resolved to the complainant’s satisfaction at the time by the Shift Supervisor. 1. This immediate resolution can often be accomplished if the incident is clearly not of a serious nature, or arises from a misunderstanding or lack of knowledge of the law or limitations of a police officer’s authority. 2. If a complaint that arose from misunderstanding or lack of knowledge of the law was resolved by the Shift Supervisor, a notation will be made by the Shift Supervisor in his/her own file, however, no formal complaint form should be filed. 52.1.1 Investigation of Complaints 1. Any Internal Affairs investigation must be commenced immediately upon receipt of the complaint and must be completed within ten (10) days after the officer assigned to investigate has made contact with the complainant (unless extenuating circumstances exist. These circumstances shall be documented in writing by the officer and forwarded to the Chief who may grant an extension). Formal complaint forms can be obtained at the Canton Police Department. Once the formal complaint form is filled out and received by the Department, the time and date of arrival at CPD will be noted and a copy made for the complainant. 52.1.5 (A); 52.2.3 2. If the violation is determined to be of a minor matter, our agency’s resolve will fully comply with the minimum requirements for such policies as set out by the POST Commission. These complaints may be made available to the Commission upon request or under any policy the Commission may establish. 52.2.9 (2A,I) Canton Police Department’s Internal Affairs Policy Page 10
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3. To be in compliance with the Police Reform Act, all internal affairs investigations
into complaints of officer misconduct shall be completed with a final disposition
being made within 1 year of receiving the complaint or notice from the Commission
of the complaint being filed. The Commission may, upon showing of good cause,
extend the time to complete the investigation. All relevant Policies and Procedures
will be updated to reflect this change. IA-03 Task 1; 52.2.3 (1,2)
If exigent circumstances precluded completion, then the Officer-in-Charge of the
investigation shall notify the Chief of Police in writing of those circumstances. 52.1.3; 52.2.2
In addition to the employee, if a citizen makes the complaint, the Chief of Police shall notify
the complainant in writing of the results of the internal investigation within seven (7) days
after the completion of the investigation. 52.2.4 (2D)
Finally, the Officer-in-Charge of the investigation shall be responsible for providing the
Chief of Police with status reports on the progress of the investigation every five (5) days.
52.1.3; 52.2.2; 52.2.4 (2B)
These reports shall contain all pertinent information relating to the progress of the
investigation. 52.1.4 At the complainant’s request, the Chief or the investigating officer will
attempt to update the complainant as to the status of the investigation every seven (7) days.
52.2.4 (1)(2C)
a. The officer assigned to investigate the allegation shall be responsible for
conducting Internal Affairs investigations and shall report to the Deputy Chief
who will report directly to the Chief of Police. 52.1.3; 52.2.2
b. If the substance of a complaint, if proven, would be of a grave nature or is an
accusation of a serious crime and immediate action is deemed necessary, the
Chief, or the superior officer designated by the Chief, shall be verbally notified
forthwith in order that an investigation can be initiated without delay. 52.2.2 (5)
c. When an employee is notified that they have become the subject of an internal
affairs investigations and before he/she is questioned or directed to submit a
report regarding a complaint, such employee shall be issued a written statement of
the allegations and the employee’s rights and responsibilities relative to the
investigation. (Miranda Warnings, Garrity Rights, Carney Rights, Rights to
Appeal, etc.) 52.2.5 (1,2,3A-C)
4. An internal administrative investigation may inquire into a department employee’s
on-duty or off-duty conduct if such inquiry is responsibly and directly related to the
employee’s performance of duty, if such conduct affects the employee’s fitness or
ability to continue in the police service, or if it discredits the Department.
a. Criminal Proceedings: If it is determined, after a preliminary investigation, that
allegations against a department employee could result in a criminal prosecution,
the accused employee must be granted all applicable constitutional and statutory
rights. (Miranda Warnings, Garrity Rights, Carney Rights, Rights to Appeal, etc.)
52.2.5 (3B)
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i. Prior to being questioned regarding alleged personal involvement in
criminal activity, a department employee who is under arrest, or who is the
target of a criminal investigation, shall be given the warnings and rights
required by the Miranda decision, including the rights to have an attorney
present during any such questioning. 52.2.5 (3B)
ii. If this procedure is followed, any voluntary statement made thereafter
could be admissible in a criminal proceeding, and it may otherwise be used for
departmental disciplinary purposes.
iii. A department employee who is being questioned about alleged personal
involvement in criminal prosecution cannot be discharged or otherwise
penalized, solely for invoking the right to remain silent as guaranteed by the
Fifth Amendment or for refusing to sign a waiver of immunity.
However, as discussed below, an employee may be compelled to answer
questions narrowly drawn and related to his/her on or off-duty conduct, and
may be disciplined (including discharge) for failure to answer truthfully 52.2.7
b. Departmental Disciplinary Action: If it is determined as a result of preliminary
investigation, that allegations made against a department employee could result in
departmental disciplinary action, the accused employee is entitled to a fair and
objective investigation and resolution of the charges made. 52.2.5
i. All department employees, both sworn and non-sworn, when requested by
the Chief or by a superior officer designated by the Chief, must respond
fully and truthfully to all questions regarding their performance of official
duties or their off-duty misconduct which affects their fitness or ability to
remain in the police service. Any failure to answer completely and
truthfully to such inquires may be punished by appropriate disciplinary
action, including dismissal from the Department. 52.2.7
a. The official conducting the interrogation must, at the time of the
interrogation, specify to the employee being questioned the precise
repercussions (i.e., suspension, discharge, or the exact form of discipline)
that may result if the officer fails to respond. 52.2.5
ii. In the normal course of duty, officers are required to prepare reports of
incidents and submit same in accordance with department policy and
procedure. However, when a department employee is ordered to answer
questions about a specific incident, that employee receives transactional
immunity from criminal prosecution for any offenses to which the
compelled testimony relates – Carney Rights.
a. The Supreme Judicial Court has held that Article 12 of the Massachusetts
Declaration of Rights requires “transactional” immunity to supplant the
privilege against self-incrimination when a public employee is being
compelled to answer questions concerning possible criminal activities
connected with his employment. Transactional immunity grants
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“immunity from prosecution for offenses to which compelled testimony
relates.”
iii. If the questions specifically, directly, and narrowly relate to the
employee’s performance of official duties or his/her off-duty conduct
which affects his/her fitness or ability to remain in the police service, and
if such employee is informed that he/she will receive transactional
immunity from criminal prosecution, he/she must answer or face
disciplinary action, including dismissal from the Department, for refusing
to answer such questions. 52.2.7
c. No double jeopardy exists when a department employee is found not guilty in
court of criminal charges and is then found guilty of departmental charges after
disciplinary hearing, as the department charges are administrative in nature and
can be sustained by a “preponderance of the evidence” rather than the criminal
court standard of “beyond a reasonable doubt.”
5. In conducting internal administrative investigations, a request for an attorney or an
employee representative to be present will be granted if the investigation is not
thereby unduly delayed. Officers have this right to representation when he/she
reasonably believes their action will result in disciplinary action.
a. Except in unusual situations, any interview or questioning should take place
during the employee’s regular duty hours.
b. Any interview or questioning should not be prolonged without reasonable rest
periods and the opportunity for meals and such other personal necessities as are
reasonably required.
c. A department employee shall not be improperly harassed or threatened during this
period of questionings.
6. In conducting an investigation of alleged employee misconduct, all appropriate
investigation techniques and methods should be employed, consistent with legal
requirements and all necessary concern for the individual rights of the accused
employee.
a. An internal administrative investigation should be conducted with the same
degree of professional competence as is devoted to a criminal investigation.
b. Upon orders of the Chief of Police or his designee, an employee may be required
to submit to a medical or laboratory examination, at the Department’s expense.
This examination must be specifically directed and narrowly related to a
particular internal affairs investigation being conducted by the department.
52.2.6 A
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c. A police officer may also be required to be photographed and can be compelled to
stand in a lineup for identification in connection with an administrative
investigation, and refusal can be the basis for an additional disciplinary charge of
refusal to obey a lawful order. Such a lineup should be fairly constructed and not
unfairly suggestive investigation where criminal charges are contemplated.
52.2.6 B,C
d. A police officer’s personal property, including his home, car, and other property,
is protected from unreasonable search and seizure under the Massachusetts
Constitution, and any evidence illegally obtained may not be used as evidence in
any administrative proceeding. Department property furnished to the officer, such
as desks, lockers, computers, other electronic devices, or vehicles, in which it is
clearly understood in advance that an officer has “no expectation of privacy”, may
be searched without a warrant.
e. A police officer may be compelled to submit a financial disclosure statement as
part of an internal affairs investigation. If such a statement is requested, the
Department shall show the relevance of such statement in writing, ask only for
relevant and specific items, and allow a reasonable amount of time for
submission. 52.2.6D
f. Under the provisions of M.G.L. c. 149, s. 19B, police officers may be required to
submit to a polygraph or lie detector test in connection with an internal
administrative investigation if such test is conducted by a law enforcement agency
in the course of a departmental investigation of criminal activity, and under such
circumstances, officers may face disciplinary action for refusal. It should be noted
that Article 12 rights apply here. 52.2.6F
g. An employee may be required to submit to a form of audio or video recordings.
An employee’s rights shall be protected to ensure such testing is not unduly
suggestive. 52.2.6E
7. If possible, the complete interview with an employee in all internal administrative
investigation should be recorded mechanically or by a qualified stenographer.
Withdrawn Complaints: If during the progress of an internal investigation, the
complainant indicates a desire to withdraw the complaint, every effort should be made to
ensure that this decision is made voluntarily, and a signed statement to this effect should
be obtained from the complainant.
a. Even though a complaint is withdrawn, a full report of the investigation to date
should be prepared for the Chief and his approval obtained for the termination of
the investigation.
b. Any attempt, directly or indirectly, on the part of the department employee to
obstruct any internal investigation or to threaten or persuade any complainant to
withdraw or abandon his complaint, is prohibited and will be treated most
severely.
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Report of Investigation
A. At the conclusion of any administrative investigation, a full written report shall be
prepared for submission to the Chief, which shall include the following:
1. the original complaint report;
2. any additional statements taken from the complainant or statements
obtained from witnesses;
3. any statement made or reports submitted by the department employee
under investigation;
4. a summary of all evidence gathered;
5. any mitigating circumstances;
6. an evaluation of the complaint and a “conclusion of fact” as to whether the
charges made by the complainant were:
a. valid and supported by sufficient evidence;
b. un-sustained because of inadequate or insufficient evidence;
c. unfounded as the allegations were baseless and without foundation;
or
d. unjustified or unwarranted as the actions of the accused department
employee were in compliance with law or in accordance with
Department policy and procedure 52.2.8
The Officer-in-Charge of the investigation shall see that all records and reports of such
investigations are maintained in a locked desk or file cabinet in order to ensure
confidentiality. 52.1.2 (3,4,5)
Upon receipt of the report of investigation, the Chief should take further action as is
necessary based upon findings in the particular case.
1. Every person who has filed a complaint against an employee shall be notified
promptly as to the final results of the investigation, personally if possible or otherwise
by mail. 52.2.4
2. If a disciplinary hearing is deemed necessary, the complainant shall be notified that
his/her testimony may be required at that time.
3. If the department employee is cleared of the charges made, he/she shall be officially
exonerated in writing.
CONFIDENTIALITY OF INTERNAL AFFAIRS
In order to ensure that the individual rights of officers and civilian employees who are the
subject of an Internal Affairs investigation are protected, all materials relevant to that
investigation shall be kept strictly confidential and under lock and key by the Officer-in-
Charge of the investigation. 26.1.8; 52.1.2 (4,5)
All completed investigation files will be locked in the office of the Chief of Police. 52.1.2 (5)
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No statement regarding an Internal Affairs investigation will be made or issued to the media
unless the charges have been sustained and action has been taken or initiated against the
officer or employee. This will only be done with the permission of the Chief of Police.
52.1.10
INVESTIGATIVE FILES
A. A complete file of records on the investigation of all citizens and internal complaints
shall be kept in the office of the Chief of Police. These files shall contain supporting
investigative information, as well as notes taken during the investigation. These files
shall be treated as confidential investigative files and shall include what disciplinary
action was taken if any. 26.1.8; 52.1.2 (3)
B. A copy of the complete investigation summary should be kept in a summary file in
the office of the Chief of Police and will be the only source of public information
about citizen complaints.
C. Officers will have access to their own internal affairs files on all completed
investigations. 26.1.8; 52.1.10
LIAISON WITH DISTRICT ATTORNEY
Any Internal Affairs investigations which may, or does, result in criminal charges being
brought against an officer shall require the District Attorney’s office to be appraised of the
case for the purpose of advising on legal issues and ultimate prosecution, if necessary.
Contact shall be made through the Chief of Police or his designee.
RELIEVING EMPLOYEE FROM DUTY
No officer shall be relieved from duty as a result of an Internal Affairs investigation
unless such action is in accordance with Mass. General Laws, Chapter 31 - Section 41.All
disciplinary action shall also be according to the same documents. 52.2.7
DISMISSAL PROCEDURES 26.1.7 (1)
When dismissal is the disciplinary action taken by the Department, the dismissed employee
will be notified in writing 26.1.7 (2)
- The reason for the dismissal 26.1.7 (3A)
- The effective date of the dismissal 26.1.7 (3B)
- The status of fringe benefits after dismissal 26.1.7 (3C)
- The status of retirement benefits after dismissal 26.1.7 (3D)
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APPEAL PROCEDURES 26.1.6
Appeal procedures for all employees involving disciplinary actions are established by
contractual agreements between the Town and the respective union’s grievance procedures.
POLICE REFORM 26.1.8 -2; 82.1.1, REC-01 Task 1
The Canton Police Department will not withhold law enforcement employee disciplinary
memoranda, which is held in the employee’s personnel file, under exemption (c) of the
Public Records Law. Public Records personnel will be given notice regarding this change in
the law. REC-01 Task 2 52.1.2 (2)
The Canton Police Department will comply with permitting the Division of Police Standards
(DPS) to audit all records related to complaints, investigations and investigative reports, and
personnel records pursuant to the POST’s regulations. IA-02 Task 1 52.1.2 (7)
All relevant employees will receive notice of this provision to permit the DPS to access
those records upon request. IA-02 Task 2
ANTI-RETALIATION IA-04
No officer or employee of the commonwealth or of any county, city, town or district shall
discharge an officer or employee, change their rank, grade or compensation, deny a
promotion or take any other adverse action against an officer or employee or threaten to take
any such action for providing information to the commission or testifying in any
commission proceeding.
NONDISCLOSURE AGREEMENTS IA-05
This agency shall not include a nondisclosure, non-disparagement, or other similar clause in
a settlement agreement between the agency and a complainant in order to settle a complaint
of professional misconduct by a law enforcement officer unless the complainant requests
such provision in writing. We will be sure to enter into nondisclosure agreements only as
permitted by the new law and in consultation with local counsel.
SUBMITTING DISCIPLINARY RECORDS TO POST IA-06; 26.1.8
On or before December 30, 2021, our agency must provide POST, in a form to be
determined, a comprehensive disciplinary record for each law enforcement officer, employed
by this agency, including, but not limited to:
- every complaint of which the officer was the subject of during the course of their
employment with our agency; and 26.1.8 3(A)
- all disciplinary records of the officer, including the final disposition of a complaint, if
any, and any discipline imposed. 26.1.8 3(B)
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SUBMITTING DISCIPLINARY RECORDS AND COMPLAINTS TO POST AFTER
DECEMBER 31, 2021: The following will apply: 52.2.9 (C,D,E)
- Our agency shall within two (2) business days of the receipt of a complaint alleging
the misconduct of an officer from a member of the public, form personnel at the
agency, or from any other source, for all complaints that are of the type described in
555CMR 1.00/1.01(1)(a) transmit a description of the written complaint and a copy of
any written complaint to the Division of Standards, and provide the following
information, if known, in a form to be prescribed by the Commission.
- Upon completion of the internal investigation, the Chief of Police shall immediately
transmit an investigation report signed by the investigator to the Division of
Standards, in a form prescribed by the Division of Standards. (C)
- Upon determining the final disposition of the complaint and final discipline to be
imposed by our agency, if any, the Chief of Police shall immediately transmit to the
Division of Standards a final report in a form to be prescribed by the Commission,
which shall include all required information as set for the by the Division of
Standards. (D)
- If an officer resigns prior to the conclusion of an internal investigation by the
department or prior to the imposition of department discipline, the Chief of Police
shall immediately transmit to the Division of Standards a report in a form to be
prescribed by the Commission, which shall include the minimum information as set
forth by the Division of Standards. (E)
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