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404 Administrative Review (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 404 SUBJECT: REVISION DATE SECTION: Administrative Review May 15, 2008 Green I. POLICY It is the policy of the Department to review the circumstances of certain significant or critical incidents involving Department personnel in order to improve safety and service delivery. II. DEFINITIONS For the purpose of this policy, the terms set forth below are defined as follows: Administrative Review An evaluation of a significant or critical incident to determine: A. If department policies and procedures were followed; and B. The efficacy of department procedures, tactics, training, and equipment. An administrative review is a less formal process than an internal investigation and may be triggered automatically in certain circumstances. Employee All compensated and voluntary personnel of the department. Final Reviewing Authority A Division Commander or other person designated by the Public Safety Director. In the event that a significant or critical incident directly involves the Public Safety Director, the City Manager may become the Final Reviewing Authority. Reviewing Officer A. The on-duty supervisor at the time the significant or critical incident occurs; or B. If no supervisor is on duty, the immediate supervisor of the primary officer involved in the significant or critical incident; or C. If the on-duty or immediate supervisor is directly involved in the significant or critical incident, a Division Commander or other person designated by the Public Safety Director. Significant or Critical Incident An incident involving an employee in which conduct or performance is governed by 100 series (“red” designated) policies; or in which another person suffers substantial bodily harm or death as a result of the employee’s conduct or performance. III. INITIATING THE REVIEW A. Automatic Review The following significant or critical incidents shall automatically trigger an administrative review: 1. Discharge of a firearm by an employee, except when done in a safe manner: a. On a firearms range for training or testing purposes; or b. In the field to dispatch an injured animal; 2. Use of force by an employee that results in substantial bodily harm or death; 3. Traffic accident involving a department vehicle driven by an employee that results in substantial bodily harm or death; 4. Department training involving an employee that results in substantial bodily harm or death; 5. Vehicle pursuit involving an employee as a participant. B. Discretionary Review When, in the judgment of the Public Safety Director, Division Commander, or supervisor, there is some question as to whether department policies and procedures were followed or an issue with regard to the efficacy of department procedures, tactics, training, or equipment in any other significant or critical incident, an administrative review may be conducted. IV. CONDUCT OF THE REVIEW A. The Reviewing Officer shall thoroughly examine all aspects of the significant or critical incident to determine if department policies and procedures were followed and to evaluate the efficacy of department procedures, tactics, training, and equipment. B. All employees shall cooperate in the Administrative Review process. When an involved employee is a licensed peace officer, the review shall comply with the requirements of MSS § 626.89 and acts amendatory thereto. C. If the Administrative Review reveals that an employee has committed a criminal act, the Public Safety Director shall be immediately notified. The review shall be suspended until any related criminal charges are resolved. D. The Reviewing Officer shall prepare and submit a report to the Final Reviewing Authority containing all relevant information concerning the significant or critical incident, organized into the following four sections: 1. Conditions A chronological review of the significant or critical incident, identification of involved employees, and an itemization of the relevant policies, procedures, tactics, training, and equipment involved. 2. Evaluation An assessment of employee conduct and performance with regard to department policy as well as an analysis of the efficacy of department procedures, tactics, training, and equipment. 3. Findings A written statement drawing reasonable conclusions from the assessment and analysis and recommending the appropriate summary finding for each involved employee: a. Finding of Violation A statement alleging a violation of department policy. b. Finding of Concern A statement alleging a minor infraction or contravention of department policy having no direct bearing on the incident. c. Finding of Confirmation A statement confirming that department policy was followed. 4. Recommendation A statement recommending any changes in department procedures, tactics, training, or equipment to improve safety and/or service delivery. V. REVIEW AND DISPOSITION A. The Final Reviewing Authority may require additional examination and evaluation or accept the report as submitted. The Administrative Review may be re-opened if significant new information in discovered. B. If the summary finding is Violation or Concern, the Final Reviewing Authority shall determine if an internal investigation is required. 1. If an internal investigation is required, the Final Reviewing Authority shall complete an Internal Complaint Form and the provisions of General Order 304 Internal Investigation shall apply. 2. If no internal investigation is required, the Final Reviewing Authority shall make a recommendation to the Public Safety Director as to the appropriate remedial or disciplinary action. Such action shall be based on the report submitted by the Reviewing Officer and shall be in conformance with any applicable collective bargaining agreement, contract, or other rule or regulation relating to discipline of employees. The remedial or disciplinary action may include counseling, remedial education, an oral reprimand, a written reprimand, suspension with or without pay, demotion, or discharge. 3. Prior to the implementation of remedial and/or disciplinary action, the Public Safety Director or designee shall review the report submitted by the Reviewing Officer with the employee and explain the reasons for the remedial and/or disciplinary action. C. If the summary finding is Confirmation, the Final Reviewing Authority shall immediately notify the involved officers. D. If a recommendation is made to change department procedures, tactics, training, or equipment the Final Reviewing Authority will pass such recommendation on to the Public Safety Director along with any additional information as may be necessary to evaluate the merits of the recommendation. The Public Safety Director is under no obligation to accept a recommendation.