July 2003

Recent inquiries from FOP members prompted me to write this article which addresses Internal Affairs investigations and the subsequent handling by the respective departments.

As you are all aware, the Florida Police Officer's Bill of Rights is contained in Florida State Statutes 112.532 and 112.533.

However, the scenario that has come to my attention that is happening frequently deals with "informal" investigations conducted by police agencies. These "informal" investigations are commonly referred to as "Command Level," "Bureau Investigations," or "Supervisory Investigations."

A typical and frequent situation that arises is when a complaint is received by a citizen, which subsequently is evaluated by a ranking officer, who decides if a "formal" investigation (internal affairs) is warranted. If the ranking officer feels that the complaint could be handled by the accused officer's supervisor, the investigation circumvents internal affairs and is placed in the hands of the officer's supervisor and titled as a Command, Bureau or Supervisory Investigation.

The supervisor then approaches the officer and "investigates" the complaint and reports to the ranking officer with the findings. However, the problem with this type of investigation is that NO rights are afforded the officer pursuant to the Officer's Bill of Rights. Typically, no tape is made of the proceeding, no Garrity warning is provided, and no opportunity to have your representative present.

When agencies are confronted with this scenario, the typical response is that 'minor" complaints are not I/A material and should be handled at the supervisory level. And because the case is not considered an I/A, the department does not volunteer the protections outlined in the Officer's Bill of Rights.

I do not have a problem with a supervisor conducted an "informal" investigation of a minor complaint in the form of asking the officer for a memorandum. However, I do have a problem when the investigation turns to questions asked by the supervisor beyond what is contained in the written memorandum submitted by the accused officer.

Florida statute 112.532 reads, "Whenever a law enforcement officer or correctional officer is under investigation and subject to interrogation by members of his or her agency for any reason which could lead to disciplinary action, demotion, or dismissal, such interrogation shall be conducted under the following conditions:"

In reading 112.532, you will not find language that states that if the investigation is minor in nature, then the officer is not afforded his rights. However, 112.532 reads that if the officer could be disciplined as a result of the investigation, "such interrogation shall be conducted under the following conditions." And the conditions that are referenced deal with the manner of the interview, which are not followed when one of these "informal" investigations takes place.

My solution to these agencies is to ask this upon receiving the complaint, "If the complaint on its face is later proved to be true, could the officer receive discipline?" If the answer to that question is yes, then my interpretation of 112.532 says that the department shall conduct the investigation pursuant to the conditions enumerated in that section. However, if the answer to that question is no, then the department can conduct an "informal" investigation without running afoul of 112.532.

With that said, I would like to say that if you ever find yourself confronted by a supervisor stating that an "informal" investigation needs to be done, respectfully decline to answer any questions until you speak with me. I will then ascertain the circumstances behind the complaint and make sure that you have all your rights that are afforded to you pursuant to the Officer's Bill of Rights.