Your Rights as a Complainant Brochure (PDF)
YOUR RIGHTS AS A COMPLAINANT
At the Conyers Police
Department, we encourage the filing of legitimate complaints against employees
as a means by which they can be held accountable for their actions to the
public. The Department also seeks to
hold members of the public responsible for filing false and malicious
allegations against police personnel.
FILING YOUR COMPLAINT
Complaints will be accepted from any
source, whether made in person, by telephone, by mail, by e-mail or
anonymously. Individuals are encouraged
to submit their complaints in person in order to obtain a complete and accurate
report as soon as possible of the incident.
Complaints will be
accepted from juveniles and persons under arrest in police custody so long as
the complaint contains sufficient factual information to warrant an
investigation. Under extenuating circumstances in which the complainant cannot file the
report in person, agency personnel may visit the individual at his or her home,
place of business or hospital in order to complete the report.
FIELD INVESTIGATION OR INTERNAL AFFAIRS INVESTIGATION
Complaints alleging major violations
or actions of a serious nature will be handled by the Internal Affairs Unit for
investigation. Major violations include,
but are not limited to, the following:
- Brutality
or the allegation of unnecessary or excessive use of force.
- Civil
Right s (Title VII) violations (use of abusive or insulting language or conduct
degrading a person’s race, religion, life style, sex, national origin, or any other
act or omission which could be the basis for discipline up to and including termination
or prosecution in any court of law).
- Criminal
violation (a violation of a Federal, State, County or Municipal statute or
ordinance defining unlawful behavior or acts).
- Any
other reason deemed necessary by the Chief of Police.
- Complaints
concerning attitude, language, response to calls, handling of calls, demeanor,
and minor rule infractions will be investigated by the employee’s supervisor.
INVESTIGATIVE STANDARDS
All
internal affairs investigations will be completed within thirty (30) days of
initiation unless extenuating circumstances exist. The investigator assigned to an Internal
Affairs complaint will acknowledge receipt of that complaint by communicating directly
with the complainant either by correspondence, telephone, or in person. If the investigation extends beyond 30 days,
the investigator will inform the complainant of the cases’ progress. When the case is closed, the investigator will
notify the complainant in writing and inform them that appropriate
administrative action has been taken.
CONCLUSION OF FACT
Each
investigator, whether internal affairs investigator or field supervisor, shall
consider all relevant documents, testimony and evidence in order to determine
what actually happened. At the end of
the report, the investigator shall state a conclusion of fact for each
allegation of misconduct.
After any complaint
has been investigated, the assigned investigating employee will recommend the
findings of the investigation in one of the following four disposition
categories:
Sustained – The investigation disclosed sufficient
evidence to clearly prove the allegations made in the complaint.
Not
Sustained – Investigation
fails to discover sufficient evidence to clearly prove or disprove the
allegations made in the complaint.
Unfounded
– The
investigation indicates that the act or acts complained of did not occur or
failed to involve police personnel.
Exonerated
– Acts
did occur, but were justified, lawful, and proper.
The guilt or
innocence of the complainant is to be decided by the legal system and no
employee or investigator of the Conyers Police Department will consider the
dismissal of criminal charges in exchange for dropping internal complaints.