PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.18 Issued Date: 08-29-14 Effective Date: 08-29-14 Updated Date: 05-15-15 SUBJECT: COMPLAINTS AGAINST THE PHILADELPHIA POLICE DEPARTMENT PLEAC 2.3.1 1. POLICY A. As set forth in Mayor s Executive Order 7-11, all citizens complaints against police officers shall be received, investigated, and disposed of in accordance with the procedures set forth herein and complainants shall be notified of action taken by the Police Commissioner. Philadelphia Police Department personnel shall inform any person who wishes to make a complaint against a police officer of the existence of the formal complaint procedure and shall refer such persons to those locations listed in Section 2-A of this directive, including the most convenient location, where the Citizen s Complaint Report (75-561) may be obtained and filed. (PLEAC 2.3.1) 1. Commanding Officers of all police facilities from which Citizen s Complaint Reports are distributed will ensure that no identification will be requested/required or criminal records/wanted inquires performed at the time a complainant files or requests to file a complaint against police. When completing the Citizen s Complaint Report Log, personnel shall not require the name of the person requesting the form or insert the individual s name in the Citizen s Complaint Report log. The word Anonymous will be used in lieu of the Complainant s name. B. The Office of Professional Responsibility (OPR) shall be the central control agency and repository of completed investigations for the Police Department in all cases of citizens complaints against police, including investigations performed at the police division level. (PLEAC 2.3.1 b & d) C. The Chief Inspector, OPR, or their designee will be responsible for the evaluation of all complaints received by the department. This commander will make the final decision on all referrals to divisions, districts or units. (PLEAC 2.3.1c) D. The investigative responsibility and accountability for handling of selected complaints, *1 for example, lack of service and verbal abuse, and matters concerning the issuance of traffic violations will be referred to the respective Divisional Inspector, upon approval of the Chief Inspector, OPR, or their designee and in accordance with the Mayor s Executive Order 07-11. (PLEAC 2.3.1c & d) DIRECTIVE 12.18-1
1. Whenever a Commanding Officer reviews a Complaint Against Police (CAP) investigation filed against an officer under their command, the commander shall document what action, if any, was taken as a result of their review of the CAP investigation. *1 2. Whenever a Divisional Inspector is assigned a CAP from Office of Professional Responsibility or initiates an investigation into a complaint made against an officer, that commander shall document any action they have taken by submitting a subsequent memo to the Chief Inspector, OPR, indicating such action. This document will be prepared after the standard investigation has been completed and returned through the chain of command. E. All complaints against police are investigated by personnel of the Office of *1 Professional Responsibility or any unit so designated by the Office of Professional *2 Responsibility. Any complaint specifically requiring investigation by supervisory personnel will be determined by the Chief Inspector, OPR. In the event a complaint is generated against command level personnel, the procedures outlined in this directive still apply. (PLEAC 2.3.1 a&b) 2. CITIZEN S COMPLAINT REPORT (75-561 SERIES) A. The Office of Professional Responsibility will be the control agency for the distribution of Citizen s Complaint Reports. They will maintain the Citizen s Complaint Report Log (75-579) which serves as a master list of all forms and the offices to which they have been assigned. 1. Locations where complaint forms are available: a. All Police installations b. Neighborhood Police Mini-Stations c. Philadelphia Police Website at www.phillypolice.com *1 d. Office of Professional Responsibility, 7790 Dungan Road, Philadelphia, PA 19111 e. Mayor s Office for Community Services f. Philadelphia Commission on Human Relations *2 g. Neighborhood Advisory Centers h. The District Attorney s Office i. Police Advisory Commission 2. Completed complaint forms can be dropped off at: a. Police Headquarters b. Any Police district/unit c. Any location where the forms are available DIRECTIVE 12.18-2
B. These forms will be available in multiple languages and will be pre-numbered. 1. In addition, sufficient quantities of Continuation Reports (75-51) will be made available by the Chief Inspector, OPR, upon request from the above agencies. Police installations will order these forms utilizing Requisition Form (71-S-91). C. When the Office of Professional Responsibility is notified of a complaint that is received from an agency other than a police facility, a patrol supervisor will be dispatched to the receiving agency to retrieve the form. The responding supervisor will ensure that the complaint is processed according to the steps set forth in Section 3-B-1. 3. PROCEDURES FOR RECORDING AND PROCESSING COMPLAINTS A. When a complaint is received from an agency other than police, all necessary reports will be prepared by an Office of Professional Responsibility Investigator. Outside agencies will still be responsible for their own Citizen s Complaint Report Log entries. B. When a complaint is received in a police district/unit, the Operations Room Supervisor (ORS) will: 1. Obtain a District Control (DC) number and prepare a Complaint or Incident Report (75-48) utilizing one of the following Philadelphia Classification Codes: Code 2703 Complaints Against Police Physical or Verbal Abuse Code 2704 Complaints Against Police Other than Physical or Verbal Code 2705 Prison Complaints a. If a complaint is received in a district other than the district of occurrence, obtain a DC number for the district of occurrence. A complainant will not be directed to go to another police facility or agency once they have come into a district/unit. 2. Immediately notify the ranking supervisor on duty in the district/unit of the complaint who will ensure the policy of the department regarding these complaints is carried out. 3. All criminal allegations will be investigated by the Office of Professional Responsibility. Any supervisor or investigative unit receiving allegations of criminal conduct against a police officer will contact OPR immediately. During *1 non-business hours, the ranking supervisor will contact police radio. A Police Radio supervisor will ensure that the on call OPR Captain is notified. The notified OPR Captain will contact the initiating supervisor/investigative unit regarding the criminal complaint. DIRECTIVE 12.18-3
NOTE: Only the Office of Professional Responsibility will arrest sworn members of the Department. 4. If the complainant has not prepared a Citizen s Complaint Report, provide the person lodging the complaint a copy of the report and a Continuation Report if necessary. Instruct the complainant to prepare the report (hand printed), filling in the required information including signature. If the complainant wishes to take the Citizen s Complaint Report home, allow them to do so. a. If the complainant is illiterate or unable to intelligently prepare the report: 1) and an interpreter is needed, refer to the district Foreign Language Line for the appropriate civilian contact person for assistance. These interpreters shall not be sworn, currently employed police officers. 2) advise the complainant to have a relative or friend come to the district to assist in preparing the report. 5. Upon receipt of the hand printed copy from the complainant, type or print all information designated For Police Use Only on the report. 6. Notify a member of the Office of Professional Responsibility of the complaint, advising them of the DC number, name, and address of the complainant if known. a. A member of the Office of Professional Responsibility will issue a control number that will be placed on the Complaint or Incident Report and the yellow copy will be forwarded to the Office of Professional Responsibility. *1 NOTE: Between the hours of 11 PM and 8 AM and on weekends, OPR phone lines roll over to Police Radio who will issue the control number. All control numbers issued by Police Radio are forwarded to the Office of Professional Responsibility. 7. Record the name of the person notified at the Office of Professional Responsibility, date, time notified, and the OPR control number in the appropriate block of the Citizen s Complaint Report. 8. Upon completion of the Citizen s Complaint Report, give the second carbon copy (canary) to the complainant as a receipt and indicate to the complainant the investigative procedures as outlined on the back of the complainant s copy of the Citizen s Complaint Report. 9. Enter the pertinent information in the district/unit Citizen s Complaint Log (75-615A) in the district/unit where complaint is being filed. Make sure to record the control number OPR assigns to the investigation on this log. OPR will maintain the Citizens Complaint Report Log (75-579). DIRECTIVE 12.18-4
*1 C. The Office of Professional Responsibility duty officer will: 1. Upon notification of complaint, issue a control number. a. If a complaint is received from an outside agency, they will contact the appropriate district for a DC number. 2. Enter pertinent information in Citizen s Complaint Report Log (75-579), as well as the Citizen s Complaint Log. Complete the Date Received block only after the actual copy of the complaint is received at OPR. 3. Immediately contact their supervisor when the complaint is criminal. 4. ASSIGNMENT OF COMPLAINTS A. The Chief Inspector, OPR, or their designee will receive and review the contents of all complaints and will determine whether the investigative responsibility lies with OPR or the pertinent divisional Commanding Officer. (PLEAC 2.3.1c) B. If assigned to a police division, the complaint will be hand delivered to the Commanding Officer. Include the name of the OPR officer assigned as the primary liaison. The OPR liaison is not responsible for the investigation, but will serve to assist district/unit commanders when needed. C. If the complaint remains the responsibility of OPR, the complaint will be assigned to an OPR investigator. (PLEAC 2.3.1d) D. The Chief Inspector, OPR, or their designee will be responsible for the following: 1. Ensure that the District Attorney s copy of the Citizen s Complaint Report is forwarded (hand delivered) no later than 24 hours after the complaint form is received at OPR. 2. Ensure that every attempt is made to obtain interviews with all participants and witnesses involved in the complaint. (PLEAC 2.3.1d) 3. Ensure that the investigation is completed and the investigative file is submitted as soon as possible, but no later than 75 days after receipt of the complaint to the Chief Inspector, OPR, unless special circumstances require additional time. (PLEAC 2.3.1d). This file will include, but not be limited to the following: a. Statement of complainant b. Statement of officer(s) DIRECTIVE 12.18-5
c. Statements of any neutral parties interviewed d. All documents, records, and reports relative to the investigation. e. In addition, this file will include an investigative report in duplicate which will include: 1) Complete summary of the investigation 2) Findings/conclusions NOTE: Extensions can only be granted by the Deputy Commissioner, OPR or the Chief Inspector, OPR. When an extension is granted, both the complainant and the accused police officer(s) will be notified of this fact and the reason therefore. 4. Within 15 days of receipt of the investigative file and investigative report, review the entire report and, after approval, forward through the chain of command to the Police Commissioner for final disposition. (PLEAC 2.3.1 c&d) *1 5. Notify, in writing by certified mail, the officer against whom the complaint has been lodged, the complainant and the alleged victim of police misconduct (if other than the complaint), or such persons representative as may be designated in the Citizens Complaint Report, and the DA s office of the disposition of the complaint. The notification shall inform the person to whom it is given that the entire file is available for review. *1 NOTE: OPR sends out an initial letter listing the outcome of the complaint. If it goes to the PBI, PBI will send a letter detailing the results of the hearing. OPR will send a letter detailing the findings as there can be more than one finding. 6. Forward the results of the investigation to the Commanding Officer of the officer against whom the complaint was lodged. E. Commanding Officer of the officer against whom the complaint (only on investigations with findings other than Sustained ) was lodged will: 1. Prepare a memorandum (original and three copies) on any CAP investigated or reviewed by them and direct it to the Chief Inspector, OPR, through the chain of command. a. The memorandum will include: 1) The CAP number and a brief description of the complaint and investigation results. DIRECTIVE 12.18-6
2) Any action taken by the Commanding Officer (e. g., interview, review of OPR analysis and recommendations, if any, training). This section will include the date and time the action was taken as well as documentation of the substance of the action taken. A space will be provided for the accused officer to sign the memorandum acknowledging that they are aware of the commander s action. 2. Have the officer, the officer s immediate supervisor, and the platoon lieutenant review the results of the investigation and sign the memorandum acknowledging the officer is aware of the commander s action. One copy will be returned to OPR, one copy given to the officer, and one copy retained by the Commanding Officer in district/unit files. NOTE: This will provide all supervisors with information that will assist them in supervising subordinate personnel. Any training or counseling provided for at the district level or by another unit (e. g., Career Services) must be arranged and completed in a timely manner. *1 3. If the investigation is Sustained against only one officer, but other officers are Involved, the Review and Advise notification process to the Commanding Officer is done through PBI with the memorandum being sent back to OPR. F. Distribution of reports: 1. Complaint or Incident Report: a. White Reports Control Unit b. Yellow Assigned investigator c. Pink District of occurrence 2. Citizen s Complaint Report: a. White (original) Chief Inspector, OPR, immediately via police mail b. Canary Complainant c. Pink District Attorney d. Goldenrod District/unit/agency preparing report e. Green Assigned investigator 3. Continuation Report attached to the report which it continues. 4. The memorandum outlining action taken will be distributed to and maintained as follows: *1 a. Original Office of Professional Responsibility (along with complaint) b. First copy pertinent Commanding Officer c. Second copy pertinent police officer DIRECTIVE 12.18-7
5. COMMANDING OFFICERS, INTERNAL AFFAIRS A. Ensure that access to all Office of Professional Responsibility investigative files are limited to the designated Intake/Operations Room personnel. The Administrative Lieutenant, Office of Professional Responsibility (OPR), will have access for oversight and supervisory purposes only. Access to the file room will be prohibited by all personnel without the approval of the Chief Inspector, OPR. (PLEAC 2.3.3) B. Ensure that upon assignment to OPR, all personnel with the responsibility to conduct investigations receive training in a manner designed by OPR. Additionally, all *1 supervisors at the Sergeant and Lieutenant level will receive training in OPR process and procedures as part of their pre-promotional training. (PLEAC 2.3.2) 6. ANONYMOUS COMPLAINTS A. Complaints received from persons who wish to remain anonymous will be processed in the same manner as any other complaint. In all instances where an anonymous complaint is received by a member of the Police Department concerning allegations of misconduct, the individual receiving the complaint shall attempt to notify the anonymous complainant of the availability of the procedures for lodging a formal complaint. (PLEAC 2.3.1c) 1. Should the anonymous complainant persist in desiring to remain anonymous, the individual receiving the complaint shall attempt to elicit all facts which the complainant can provide and shall record and process the complaint in as normal a manner as possible under the circumstances. B. On pertinent police reports (i. e., Complaint or Incident Report and Citizen s Complaint Report) the district/unit ORS will enter Anonymous in lieu of the complainant s name. Leave the address and related information concerning the complainant blank. 7. FRIVOLOUS COMPLAINTS A. If approved by the Deputy Commissioner, OPR, the investigation will be closed and all parties involved will be notified by the Deputy Commissioner, OPR. B. If disapproved, the complaint will be investigated in the normal manner. DIRECTIVE 12.18-8
8. PUBLIC ACCESS (PLEAC 2.3.1.d) A. Upon final disposition, investigative files of citizen s complaints will be available for public inspection at the Office of Professional Responsibility, 7790 Dungan Road, during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. B. Public review will also include control logs as well as master lists. C. The Police Department shall publish semi-annual statistics disclosing the number of complaints filed, the nature of the complaints, and their disposition. RELATED PROCEDURES: Directive 12.11, Complaint or Incident Report (75-48) Directive 12.12, Investigation Report Directive 8.6, Disciplinary Procedure Directive 12.8, Vehicle or Pedestrian Investigations Mayor s Executive Order No.7-11, Processing of Complaints Alleging Police Misconduct BY COMMAND OF THE POLICE COMMISSIONER FOOTNOTE GENERAL# DATE SENT REMARKS *1 3789 01-06-15 Changes/Additions *2 8949 05-15-15 Changes/Additions DIRECTIVE 12.18-9