Subchapter 52.1

ORGANIZATIONAL INTEGRITY

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GENERAL ORDER NO. 52.1

52.1.1COMPLAINT INVESTIGATIONS

The function of Internal Affairs is to coordinate all administrative investigations and related criminal investigations of complaints or allegations of misconduct against members of the Lafourche Parish Sheriff’s Office regardless of its source, includinganonymous complaints. It ensures that the integrity of the Lafourche Parish Sheriff’s Office is maintained through an internal system where objectivity, fairness, and justice are assured by an intensive and impartial investigation; it clears the innocent, establishes guilt of wrongdoers, and facilitates fair, suitable, and consistent disciplinary action.

52.1.2 RECORDS, MAINTENANCE AND SECURITY

All complaints against employees or Lafourche Parish Sheriff's Office policies and/or procedures shall be recorded and reported to Internal Affairs. Those incidents that require an immediate investigation shall be reported to Internal Affairs immediately. Internal Affairs shall immediately report serious complaints to the Sheriff. Those incidents that are of a less serious nature shall be reported to Internal Affairs in a timely manner.

A. Complaint Information Form

1. The Complaint Information Form shall be utilized to record allegations of employee misconduct. It is the responsibility of the receiving employee receiving the information or Internal Affairs to obtain all pertinent details from the complainant alleging the conduct to be improper.

2. The Complaint Information Form may be obtained from Internal Affairs or other facilities where Lafourche Parish Sheriff's Office employees are housed.

B. Allegations of Employee Misconduct

1.Allegations of employee misconduct and specific information relative to the allegation of misconduct against any employee of the Lafourche Parish Sheriff's Office shall be recorded on the Complaint Information Form.

  1. The information recorded shall be that which is necessary to begin an investigation into the events surrounding the allegation.
  1. The Complaint Information Form concerning alleged misconduct shall be completed whether the allegation is received in person, by telephone, or by some other means.
  1. If an allegation of misconduct is extremely serious in nature, the Sheriff, Chief Deputy, and the respective Division Commander(s) of employee(s) involved shall be notified immediately.
  1. Upon receipt of the allegation of employee misconduct or inquiry, Internal Affairs shall assign an Internal Affairs number. This number shall be entered on all copies of the report received by Internal Affairs.
  1. Internal Affairs shall review the completed Complaint Information Form for content and clarity and shall determine the priority of the investigation or inquiry.

f.If it is determined that the complaint was false and malicious, the complainant may be subject to a civil suit by this agency and/or the employee and criminal charges may be filed as described in La. R.S. 14:133.5, Filing a false complaint against a law enforcement officer.

Filing a false complaint against a law enforcement officer is knowingly filing, by affidavit under oath, a false statement or false representation with a law enforcement agency regarding the conduct, job performance, or behavior of a law enforcement officer for the purpose of initiating an administrative action against that law enforcement officer.

For the purposes of this Section, "law enforcement officer" shall include commissioned police officers, state troopers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, and probation and parole officers.

C.Internal Affairs Investigation Control Log

1.Internal Affairs shall maintain a bound ledger to be known as the Internal Affairs Investigation Control Log. Information in the control log shall consist of the complaint control number, date of receipt of complaint, and employee involved.

2. Internal Affairs shall also maintain a computer log file containing the same information as in the logbook described above.

3. Internal Affairs shall safeguard the Internal Affairs Control Logbook, the computer log file and case files, and permit no access to this information except by the Sheriff, or his designee, and Internal Affairs personnel. This regulation shall not prohibit an individual employee from viewing his Internal Affairs record at the discretion of the Sheriff.

D. Records Security

1.Internal Affairs shall maintain security of all records pertaining to Internal Affairs investigations. These records shall be kept in a locked file cabinet and the office door shall be locked whenever it is unoccupied. Only the Sheriff and personnel assigned to Internal Affairs shall have keys to the office and file cabinet.

52.1.3DIRECT ACCESSIBILITY TO SHERIFF

Internal Affairs has the authority to report directly to the Sheriff on any and all matters of which, in his opinion, the Sheriff needs to be informed. For administrative purposes (approval of time sheets, scheduling leave, etc.), Internal Affairs reports to the Chief Deputy.

52.1.4 COMPLAINT REGISTERING PROCEDURES

The Lafourche Parish Sheriff’s Office Internal Affairs shall make available to the general public an instructional sheet explaining the process of making complaints against the Lafourche Parish Sheriff’s Office or its employees

  1. Complaints may be made by telephone, letter, in person, or by filling out the Personnel Commendations and Complaint Procedure form and submitting it to the Lafourche Parish Sheriff’s Office.
  1. Complaints may be filed 24-hours a day with any supervisor or during regular hours with Internal Affairs.

a.Anonymous complaints shall be accepted.

b.All others shall have the option of having the complaint notarized, free of charge by a notary of the Lafourche Parish Sheriff’s Office, documenting that the information provided is true to the best of their knowledge.

c.Juveniles may file complaints so long as a parent, legal guardian, or responsible adult is present with the juvenile.

B.Anonymous complaints may be very difficult to investigate. During the course of the investigation, additional information may be required to ensure a successful conclusion. In any case, the complainant is not required to be identified.

C.Employee(s) shall be advised of the allegations of misconduct and if known, the identity of the complainant may be made available as well.

1.Depending upon the nature of the allegation, the complaint may either be investigated by a supervisor or Internal Affairs.

D.If the investigation concludes misconduct, the employee(s) shall be disciplined according to the seriousness of the violation. The employee’s disciplinary history shall be taken in to consideration.

1.Disciplinary action may range from verbal counseling to suspension, or in extreme cases, termination.

2.If the allegation is criminal in nature, the case may be presented for prosecution.

E.Complaints received shall be prioritized by its level of seriousness. As a general rule, the more serious investigations shall be concluded within ninety (90) days, unless circumstances necessitate additional time.

F.Complainants, that have identified themselves and submitted a notarized complaint, shall be kept abreast of the progress of the investigation and notified, in writing, of the disposition.

1.Upon the conclusion of the investigation, the investigation disposition shall be submitted to the employee's Division Commander.

G.If any complaint is found to be valid and the employee is ultimately exonerated, the investigation is closed.

H.If it is determined that the complaint was false and malicious in nature, the complainant is known and the complaint form is notarized, the complainant may be subject to criminal charges as described in La. R.S. 14:133.5.

§133.5. Filing a false complaint against a law enforcement officer

A. Filing a false complaint against a law enforcement officer is knowingly filing, by affidavit under oath, a false statement or false representation with a law enforcement agency regarding the conduct, job performance, or behavior of a law enforcement officer for the purpose of initiating an administrative action against that law enforcement officer.

B. For the purposes of this Section, "law enforcement officer" shall include commissioned police officers, state troopers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, and probation and parole officers.

C. Whoever commits the crime of filing false statements against law enforcement officers shall be fined not more than five hundred dollars or imprisoned not more than six months, or both

I.The employee may seek civil action against a complainant who files a false or malicious complaint with the authority of the Sheriff, or assigned designee.

52.1.5ANNUAL SUMMARIES; PUBLIC AVAILABILITY

A. Internal Affairs shall submit an annual statistical summary report based on the records of Internal Affairs investigations to the Sheriff.

B.The public or any agency employee may obtain a copy of the annual statistical summary report from Internal Affairs.

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