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