CITIZEN COMPLAINT INVESTIGATIVE REPORT INTAKE INFORMATION. Badge #: INTAKE CLASSIFICATION (CHECK ALL THAT APPLY)

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1 OPS Complaint #: CITY OF CLEVELAND Department of Public Safety Office of Professional Standards 205 W. St. Clair Avenue, Suite 301 Cleveland, Ohio Fax: CITIZEN COMPLAINT INVESTIGATIVE REPORT INTAKE INFORMATION Complainant(s) Name: Date of Incident: Date Received by OPS: Date Assigned to Date Submitted by Date Approved by Administrator: Subject Officer(s) Name: Badge #: Subject Officer(s) District/Unit/Bureau: Origin of Complaint: (i.e. MAC/DAC, Mail, Fax, etc.) Investigator s Name: Administrator s Name: INTAKE CLASSIFICATION (CHECK ALL THAT APPLY) Excessive Force Improper Arrest Biased Policing Harassment Improper Citation Other: Lack of Service/No Service Missing/Damaged Property Unprofessional Behavior/Conduct Improper Search Improper Stop Improper Tow COMPLAINANT S STATEMENT (This section should summarize the complainant s statement. Statement summaries present the reader with a snapshot of all relevant statements the complainant provided (to include what the complainant saw, heard, or experienced regarding the incident). 1 OPS Complaint # (Add Complainant s First/Last Name)

2 Complainant (Name) alleges that: SUMMARY OF ALLEGATION(S) 1. On, 2017, CDP Officer John Doe used excessive force against her when he unnecessarily struck her with a closed fist. 2. On, 2017, CDP Officer John Doe engaged in unprofessional behavior towards her when he directed unnecessary profanity towards her. 3. On, 2017, CDP Officer Jane Doe engaged in unprofessional behavior towards her when she mocked her appearance. 4. On 2017, CDP Officer John Doe unlawfully detained her by making a traffic stop without appropriate cause. (Separate allegations should be made for each violation alleged and for each involved officer. OFFICER(S)/CDP EMPLOYEE STATEMENT(S) (This section should summarize each subject officer s statement. The summary for each subject officer should constitute a separate paragraph. Statement summaries present the reader with a snapshot of all relevant statements the officer provided (to include what the officer saw, heard, or experienced regarding the incident). Subject Officer(s)/CDP Employee(s) (in alphabetical order of last name): Name, District/Unit/Bureau Additional Officer(s)/CDP Employees (in alphabetical order of last name): Name, District/Unit/Bureau, relationship to officer (ex., partner) Name, District/Unit/Bureau, relationship to officer (ex., assisting officer) Name, District/Unit/Bureau, relationship to officer (ex., supervisor) WITNESS STATEMENT (S) AND INTERVIEW (S) (This section should summarize the statements of any other witnesses, or civilian. Statement summaries present the reader with a snapshot of all relevant statements the witness provided (to include what the witness, saw, heard, or experienced regarding the incident). Statement summaries should include a preamble that specifies the date, time, and location of the interview; the length of the interview; any persons present during the interview; whether the interview was audio or video recorded; and how the witness was identified. If a witness was interviewed more than once, separate summaries should be created for those interviews and the preamble also should include the reason for the additional interview. Include a brief statement on attempts to contact witnesses, witnesses contacted but not interviewed, and any canvassing efforts to locate additional witnesses.) Witness (es) (in alphabetical order of last name): Name, relationship to complainant (ex., minor daughter of complainant) Name, relationship to complainant (ex., complainant s neighbor) 2 OPS Complaint # (Add Complainant s First/Last Name)

3 EVIDENCE COLLECTED (This section should list all documentary, physical, or forensic evidence obtained by the investigator during the course of the investigation. The section also should include a paragraph on evidence the investigator requested but did not receive. All reports, photographs, video footage, and attempts to obtain evidence should be documented and included in the investigative file.)(include dates and case numbers when applicable) Documentary Evidence (Include all relevant documentary evidence): Medical records of complainant, dated CDP arrest report, completed on (date) by Officer Transcript of 911 call Computer Aided Dispatch (CAD) Record Scene Photos Etc. POLICIES/PROCEDURES AT ISSUE During its investigation of this matter, OPS applied the following policies, procedures, training, or law guidance to the facts to determine whether a violation of CDP policy, procedure, training, or law occurred: 1. Cleveland Division of Police Manual of Rules and Regulation(s) MANUAL OF RULES AND REGULATION(S) II. Administrative Compliance Personnel shall not willfully disobey any rules, General Police Orders or directives of the Division of Police, or any lawful orders, written or oral, issued to them by a superior officer of the Division of Police. 2. Cleveland Division of Police General Police Order(s) GENERAL POLICE ORDER(S) Secondary Employment Use of Force 3. Cleveland Division of Police Divisional Notice(s) 4. Cleveland Division of Police training 5. Federal, state, or local law ADDITIONAL VIOLATIONS DISCOVERED (Additional violation discovered during the course of the investigation) (This section should include any and all violations discovered during the course of the investigation not mentioned in the Intake Classification Section. 3 OPS Complaint # (Add Complainant s First/Last Name)

4 SUMMARY, DISCUSSION, AND ANALYSIS Length of summary, discussion and analysis section will depend on the number and complexity of the allegations. As in the summary of allegations section, this section should separately discuss, analyze, and summarize the allegations the complainant made against each officer. In this section the investigator should include their rationale that supports their recommendation and should include following: Brief statement of the complainant s allegations against the officer (Statement summaries should include a preamble that specifies the date, time, and location of the interview; the length of the interview; the persons present during the interview; whether the interview was audio or video recorded; and how the complainant was identified. If the complainant was interviewed more than once, separate summaries should be created for those interviews and the preamble also should include the reason for the additional interview.) Officer s response to those allegations (Statement summaries should include a preamble that specifies the date, time, and location of the interview; the length of the interview; the persons present during the interview; whether the interview was audio or video recorded; and how the officer was identified. If the subject officer was interviewed more than once, separate summaries should be created for those interviews and the preamble also should include the reason for the additional interview.) Discussion of all witness statements and evidence and whether they support the complainant s or officer s version of events Credibility finding and discussion of how credibility finding was made Introduction of policy, procedure, or training at issue Application of policy, procedure or training to findings of facts Brief discussion of conclusion reached o Complaint History: Officers complaint history (Complaint s filed against the officer(s) o Complainant s history (Complaint s filed by the complainant ) CONCLUSION AND RECOMMENDATION (This section should detail each allegation against each officer involved. The Administrator must sign and date the conclusion and recommendation section in order for the case to be forwarded to the CPRB.) Based on the investigation of this citizen complaint: 1. The excessive force allegation against Officer John Doe # is recommended as (Sustained/Exonerated/Unfounded/Insufficient Evidence). 2. The unprofessional behavior/conduct allegation against Officer John Doe # is recommended as (Sustained/Exonerated/Unfounded/Insufficient Evidence). 3. The harassment allegation against Officer James Doe # is recommended as (Sustained/Exonerated/Unfounded/Insufficient Evidence). 4. The unprofessional behavior/conduct allegation against Officer Jane Doe # is recommended as (Sustained/Exonerated/Unfounded/Insufficient Evidence). 4 OPS Complaint # (Add Complainant s First/Last Name)

5 Based on the results of this investigation, it is recommend that the CPRB sustain the following violation (violations discovered during the course of the investigation, i.e. WCS, Unauthorized Secondary Employment) against Officer Jane Doe#: This will conclude OPS investigation # **Upon completion and submission to the Administrator, this section should be signed by the Investigator. Respectfully Submitted, XXXXXXXXX, Investigator Office of Professional Standards Administrator s Signature Date CIVILIAN POLICE REVIEW BOARD DISPOSITION 1. Officer John Doe #: Excessive Force Sustained Exonerated Unfounded Insufficient Evidence Basis for disposition: (also should note here if complaint was sustained based on evidence of misconduct revealed during the investigation but not included in original complaint) CPRB Member: Hearing Date: 2. Officer John Doe #: Unprofessional Behavior Sustained Exonerated Unfounded Insufficient Evidence Basis for disposition: (also should note here if complaint was sustained based on evidence of misconduct revealed during the investigation but not included in original complaint) CPRB Member: Hearing Date: 5 OPS Complaint # (Add Complainant s First/Last Name)

6 3. Officer Jane Doe #: Unprofessional Behavior Sustained Exonerated Unfounded Insufficient Evidence Basis for disposition: (also should note here if complaint was sustained based on evidence of misconduct revealed during the investigation but not included in original complaint) CPRB Member: Hearing Date: 4. Officer John Doe #: Unlawful Detention Sustained Exonerated Unfounded Insufficient Evidence Basis for disposition: (also should note here if complaint was sustained based on evidence of misconduct revealed during the investigation but not included in original complaint) CPRB Member: Hearing Date: 6 OPS Complaint # (Add Complainant s First/Last Name)

7 CITY OF CLEVELAND Department of Public Safety Office of Professional Standards 205 W. St. Clair Avenue, Suite 301 Cleveland, Ohio Fax: ADMINISTRATIVE DISMISSAL OPS Complaint #: INTAKE INFORMATION Complainant(s) Name: Date of Incident: Subject Officer(s): Badge: Date Received by OPS: Date Assigned to Date Submitted by Date Approved by Administrator: Subject Officer(s) District/Unit/Bureau: Origin Of Complaint: (i.e. MAC/DAC, Mail, Fax, etc.) Investigator s Name: Administrator s Name: INTAKE CLASSIFICATION Excessive Force Improper Arrest Biased Policing Harassment Improper Citation Other: Lack of Service/No Service Missing/Damaged Property Unprofessional Behavior/Conduct Improper Search Improper Stop Improper Tow BASIS FOR ADMINSTRATIVE DISMISSAL Non-CDP Employee Unidentifiable Officer UTT/PIN Unavoidable Workload/Delay Off-Duty Officer Conduct SUMMARY 1 OPS Complaint # (Add Complainant s First/Last Name) R e v i s e d N o v e m b e r,

8 ADMINISTRATIVE REVIEW Approved Returned Notes/Comments: Administrator s Signature Date For Use by 3-Member Panel Hearing a Complainant s Appeal of an Administrative Dismissal The Panel members unanimously determined that the undisputed facts support the ground(s) for administrative dismissal, and concur. Signature of Panel Chair Date For Use by Full Board When For Use by Full Board When 3-Member Panel Does Not Unanimously Concur with Administrative Dismissal For Use by Full B For Use by Full Board When Following a hearing at a meeting of the Civilian Police Review Board, a majority of CPRB members voted that the undisputed facts support the ground(s) for administrative dismissal, and concur. Following a hearing at a meeting of the Civilian Police Review Board, a majority of CPRB members voted that the undisputed facts do NOT support the ground(s) for administrative dismissal, OR that the case requires further investigation. The case will be returned to OPS for further investigation. Signature of Board Chair Daten 2 OPS Complaint # (Add Complainant s First/Last Name) R e v i s e d N o v e m b e r,

9 CITY OF CLEVELAND Department of Public Safety Office of Professional Standards 205 W. St. Clair Avenue, Suite 301 Cleveland, Ohio Fax: ADMINISTRATIVE CLOSURE OPS Complaint #: Date of Incident: INTAKE INFORMATION Complainant(s) Name: Subject Officer(s) Name: Badge #: Date Received by OPS: Date Assigned to Date Completed by Date Approved by Administrator: Subject Officer (s) District/Unit/Bureau: Origin of Complaint: (i.e. MAC/DAC, Mail, Fax, etc.) Investigator s Name: Administrator s Name: BASIS FOR ADMINISTRATIVE CLOSURE Merge and Consolidate Duplicate Other SUMMARY 1 OPS Complaint # (Add Complainant s First/Last Name) R e v i s e d N o v e m b e r,

10 ADMINISTRATIVE REVIEW Approved Returned Notes/Comments: Administrator s Signature Date 2 OPS Complaint # (Add Complainant s First/Last Name) R e v i s e d N o v e m b e r,

11 CITY OF CLEVELAND Department of Public Safety Office of Professional Standards 205 W. St. Clair Avenue, Suite 301 Cleveland, Ohio Office: Fax: COMPLAINT REFERRAL TO CDP OR OTHER CITY ENTITY CDP/City Entity Information: OPS Investigation#: Date of Referral: Date of Incident: Location of Incident: Allegation(s): Involved Officer/Employee: (Name/Badge#/District) Intake Person: Date: Initial: Date: Initial: NARRATIVE REASON FOR REFERRAL SUPERVISORY ACKNOWLEDGEMENT Administrator s Signature Date 03/2017