The following article originally appeared in the May 2003 Gwinnett County Citizens Police Academy newsletter:

The process of investigating allegations of employee misconduct is often handled by an internal affairs office, office of professional standards, or similar office. The Professional Standards Unit reports directly to the Chief of Police.

The Unit itself is comprised of three Sections: the Background Section, responsible for the conduct of investigations into the backgrounds of new and internal applicants; the Internal Affairs Section, responsible for conducting investigations relative to allegations of employee misconduct; and, the Polygraph Section.

It is important to note that not every phone call received by Internal Affairs is necessarily categorized as a complaint. Very often we receive calls that are of the nature of an inquiry. Our function is also informational to let the public know that sometimes what they might perceive as mistreatment or grounds for a complaint is merely typical police procedure. Other requests of the unit are to investigate policies and procedures of the department and of other agencies and branches of County government.

The internal affairs complaint process is a system that has many guidelines established as accepted procedure within the profession and directives established by the Commission of Accreditation of Law Enforcement Agencies (CALEA). When a complaint is received it is first categorized as to the severity and/or complexity of the allegation. 'A' cases are more serious or complex cases that are investigated by the Internal Affairs investigators. 'B' cases are investigated by the line supervisor of the officer alleged in the complaint. (Sergeant investigates patrol officer, lieutenant investigates sergeant, etc.) For our purposes here, I will be referring to 'A' cases.

Many people are curious about the rights of police officers who are the subject of an internal affairs investigation. Officers do have some rights, however, their rights are not the same as if they were the subject of a criminal investigation. For example, during an administrative investigation officers must answer, which are closely defined and related to their actions as a police officer. They have no right to not answer, under the penalty of insubordination, after having been ordered to do so. The courts have ruled that, in the interest of public safety, agencies have the right to gather facts to alleviate the concerns that would arise if questions were not answered. However, the protection of rights that an officer has arises from a Supreme Court decision. That decision established that statements made by an officer during an administrative investigation could not be used against an officer in a criminal proceeding. For that reason, we always review an allegation to be sure there is no crime committed by the officer prior to conducting the internal affairs.

Once an allegation is received and the investigation commenced, the internal affairs investigator typically will try to have the case concluded in thirty days. During the investigation, officers and complainants are notified of the progress of the case. When the complaint is thoroughly investigated, it is forwarded through the chain of command of the involved officer for each level of supervision to recommend disciplinary action. This process concludes at the Chief of Police when he signs the disposition form, which sets out any discipline recommended by supervision.

The Internal Affairs Unit is charged with the responsibility of filing and warehousing the completed investigatons and disciplinary findings among other important functions. The Unit also statistically tracks police pursuits and uses of force in order to review and/or amend department polices and procedures. Occasionally, the unit will be requested to review a specific event for compliance with police and procedure. That type of review typically results in the agency recognizing the need to change the manner in which we do business. The Unit, however, has no authority to change policy and will only recommend changes if necessary.

Another important function of the Internal Affairs Unit is its' representation of the Deadly Force Investigation Team (DFIT). The Professional Standards Commander is contacted whenever the DFIT is called out on an officer involved shooting or other deadly force issue. The commander and/or an internal affairs investigator will then respond to the event scene to evaluate the incident and to observe the dynamics of the incident. A concurrent criminal investigation by the members of the DFIT is ongoing so the internal affairs investigation is not mixed with the criminal investigation and is conducted usually when the criminal investigation is concluded.

The Internal Affairs function is an interesting and essential part of the Police Department. You'll be happy to hear that although the department has over 700 members, I feel our ethical and moral health is intact. I hope this brief overview of the Internal Affairs Unit is helpful. If you have any questions or concerns please contact me at 770.513.5031 or visit our website within the County website under departments/police/professional standards.