minneapolis police department internal affairs unit sgt. melissa chiodo (612) 673-2748
TRANSCRIPT
Minneapolis Police Department Internal Affairs Unit
Sgt. Melissa Chiodo
(612) 673-2748
Purpose of Internal Affairs
Maintain and ensure the integrity of the MPD and its employees Protect the public from abuse of power Protect employees from false allegations
Establish a mechanism for receiving, investigating, and resolving allegations of misconduct
Purpose of IAU is to balance the rights of the public
and to protect officers from false complaints.
5 News Car Chase - False Complaint.mpg (Click the link above to play video) Squad video demonstrates that complaints
against officers were completely false.
Unit Makeup One unit commander Nine investigators
Experienced in the following areas:
Homicide Sex Crimes Family Violence Patrol Supervision Property Crimes Traffic Enforcement
Specialized training in: Use of Force Investigations Internal Affairs Case
Investigations Officer-Involved Shooting
Investigations Ethics In Custody Death
Two civilian support staff
What IAU Investigates..
IAU investigations may begin as a result of: External or internal
allegations of misconduct Civil lawsuits filed against
the MPD Civil rights investigations A critical incident as
defined by policy Arrest or criminal charges
against an employee Use of force issues
generated via complaint or as a result of the internal force review process
External Complaints PCIR Form
Standardized method resulting from Federal Mediation Agreement
Allows for tracking of complaints
Allows complainant to choose between IAU and Civilian Review Authority as investigating agency
Available in multiple languages Distributed via multiple
agencies and locations IAU Office On-line Precincts Various Community Sites
It can take more time to blow off a complaint than to actually listen to it…
Internal Complaints come from….
Coaching Document Memo Email
IAU Investigative Process
For the public to have faith in the ability of the police department to police itself we often must investigate issues even when the complaints appear to be less then credible at the onset.
We work to get to the truth and will support officers when the facts indicate that is appropriate.
We will seek criminal prosecution when we can prove beyond a reasonable doubt that a complainant is lying about police misconduct. (Click Above to Play Clip)
Investigative Process
Preliminary Investigation Conducted to
determine validity of complaint and level of alleged violation
May be continued as an Administrative case, referred to the precinct, discontinued based on lack of facts, or suspended pending further information
Administrative Investigation Complaint may skip
preliminary phase and move right to Administrative case depending on the seriousness of the allegation
Case investigator makes a finding and recommendation, but has no authority over final outcome or discipline
Administrative Investigations
Complainant and civilian witness statements Face to face interview
with the investigator Audio recorded
Physical evidence Video/audio recordings Medical records GPS, dispatch logs, etc
Administrative Investigations
Officer statements Notification letters sent
to witness and accused officers
Right to have Federation representative or attorney present
No Fifth Amendment Rights as a result of US Supreme Court Decision Garrity v. New Jersey
Administrative Investigations
Garrity Protections Answers given during a
compelled statement cannot be used against officers in criminal proceedings
The only exception to this involves perjury
Officers MUST answer questions truthfully
Officers who refuse to provide a statement will face disciplinary action
Officers who provide false statements will face disciplinary action
Peace Officer’s Bill of Rights State Statute 626.89 Governs the process of
internal investigations into allegations of misconduct
Requires signed complaint before taking officer statement
Requires audio recording of the officer statement
Allows for union representation or attorney
Force Reviews
Specialized case investigations into an officer’s use of force
Examine not only the reasonableness of the force used but also adherence to policies regarding force reporting, medical treatment, etc
May or may not result in full IAU Investigation
Critical Incidents involving Use of Force are typically investigated by IAU and the Homicide Unit.
Criminal Investigations Concurrent to the Administrative Investigation
Incidents occurring outside of MPD jurisdiction are handled by the appropriate agency
Incidents occurring inside Minneapolis are investigated by MPD IAU or other appropriate MPD investigative unit
All officer involved shootings are investigated by the Homicide Unit Vehicle accidents are investigated by the Traffic Unit and reviewed by the
Accident Review Panel
Criminal Investigations In Criminal Investigations where the
officer is facing potential charges Officers are not compelled to provide a statement
Case is submitted to the appropriate prosecuting authority for charging decision
If no criminal charges or no conviction take place it does not necessarily mean no administrative findings or discipline The standard of proof for
arrest/charging is Probable Cause The standard of proof for
conviction is Beyond a Reasonable Doubt
The standard of proof for administrative findings is a Preponderance of the Evidence
More likely than not Fifty-one percent
Discipline Process
Completed investigations are forwarded to a 3 person discipline panel for review
Panel makes a recommendation to the Chief that includes both findings and discipline
Chief (or Assistant Chief) makes the final determination
Complainant and employee are notified of the outcome
Administrative Findings
Sustained: Sufficient evidence to indicate the complaint is true Not Sustained: Insufficient evidence to either prove or disprove the complaint Exonerated: The incident did occur, but was lawful and proper Unfounded: Complaint is false Policy Failure: Complaint is true, but employee’s actions were not inconsistent
with MPD Policy Exceptionally Clear: No finding can be made due to unforeseen circumstances such
as the resignation of the employee
Violation Levels
Category A Lowest level violation One year reckoning period Proactive Corrective Action
– NOT discipline Training Coaching Documented Oral
Correction
Category B Second level violation Three year reckoning
period Possible disciplinary
consequences Written Reprimand Documented Oral
Reprimand Up to 40 hours
Suspension
Violation Levels
Category C Third level violation Five year reckoning
period Possible disciplinary
consequences Documented oral or
written reprimand Up to 80 hours
Suspension Demotion
Category D Most serious violation Reckoning period is
seven years after employee separates from the department
Possible disciplinary consequences
Up to 720 hours Suspension
Demotion Termination
The stuff that’ll get you into trouble …
Code of Conduct (P/P 5-101 to 5-107) On and/or off-duty DUI, Domestic Violence MySpace/Facebook/Twitter Language Judgment Truthfulness
Use of Force (P/P 5-301 to 5-315) Lack of reporting Poor reporting Reasonableness
Pursuit Policy (P/P 7-404 to 7-411) Importance of reports If you’re chasing someone because
of the danger the chase poses, you might want to stop chasing them
MVR Policy (P/P 4-218) Equipment checks Microphones
Jean Assam Bus Case.
Jean Assam Bus Incident.mpg
(Click above link to play clip)
Don’t take an “A” or “B” level case and turn it into a Termination case…
When you are read Garrity you are expected to accurately and completely report what happened.
Failure to comply with Garrity in most cases will result in termination.
Despite whatever advice you may receive from co-workers, Union Reps or Attorneys you alone will be held accountable for what you say under Garrity.
You may be advised “Make them Prove It”. Level of proof is preponderance, not proof beyond a
reasonable doubt which means IAU only has to determine that what you have been accused of was more likely than not to have occurred. 51%
From Cop to Criminalin 60 Seconds - Ofc. Barragan
A momentary loss of control can change your life and end your career. Barragan In Custody Abuse.mpg
(Click above link to play clip)
Barragan Consequences
Loss of job and income. Criminal Charges- Charged locally with
Assault. Charged Federally with Criminal Civil Rights
Violation and sentenced 16 months federally. Sued personally in civil trial. Rapist was
awarded substantial award. Circumstances led to divorce.
Video Evidence
It’s there, whether you know it or not…Always… always…assume you are being photographed and recorded…and act accordingly.
Richfield Pursuit
Consider your need to conduct the pursuit. Consider your available resources. Consider when enough is enough… Officers called to medical office to assist with identified
woman who claimed she was suicidal. Pursuit was initially stopped by Uniform Shift Sergeant.
Lieutenant countermanded order and told officers to continue to pursue and to “Take her Out.”
You are always responsible for your actions as a police officer and must use your own good judgment.
Resulted In Jogger Fatality
Car Pursuit Ends in Fatality.mpg
(Click above link to play clip)
Video Evidence
More likely to help you than harm you
Video Evidence
Your squad cameras are vital, not just for disputing false complaints made to IAU, but also as evidence against the bad guys. What do you think this guy is going to say when he sobers up and his head hurts? Get it on video-Use Your Microphones.
Squad GPS
It’s not about big brother watching you
It’s about making dispatch more efficient and effective
And sometimes it’s about saving you from false allegations of misconduct
Remember Public vs. Non-Public Communications. GPS is public data. It can be used to
determine your exact location in real time and there is a permanent log created.
Everything you transmit by Mobile Computer is traceable and verifiable.
All E-Mail Correspondence is stored. All radio over the air conversation is
recorded. Squad Videos are also public data.
Electronic Media Dangers
Facebook Two Wash. officers fired over Facebook
indiscretions By Paula Horton
The Tri-City Herald KENNEWICK, Wash. — Failure to recognize
that online social media blur the line between personal and professional lives has cost two police officers a job.
Electronic Media Dangers (cont.)
MySpace A Key West police officer is off the job after
pictures she posted on her MySpace page showed "conduct umbecoming" of an officer.
Electronic Media Dangers (cont.)
Police Yourself before you make a mistake!
The Badge You Wear
On loan to you from the City of Minneapolis
No matter where you are or what you are doing, you represent that badge and the officers who have worn it before you
Treat it with respect Take pride in it
Questions?
INTERNAL AFFAIRS UNIT
(612) 673-3074
SGT. MELISSA CHIODO
(612) 673-2748