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NNPD ADM 265 Administrative/Firearms Discharge Investigative Team

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1. In the event a criminal investigation is necessary, the criminal investigation will take precedence. The Internal Affairs Division will observe the investigation without interfering, and will not interview the involved officer(s). a. To ensure the protection of an officer’s compelled administrative statement, investigators will wait until the appropriate criminal investigators have concluded their interviews before speaking with the involved officer(s). b. The Internal Affairs Division will also consult with the City and Commonwealth’s Attorneys prior to conducting interviews to ensure no other relevant factors exist to warrant a delay in the administrative investigation. [11.3.4(c)] c. While information developed by the Criminal Investigative Team may be provided to the Internal Affairs Division, any compelled statements developed by requiring police officer cooperation with the Internal Affairs Division cannot, and will not be disclosed to the Criminal Investigative Team. [26.3.3, 11.3.4(a,b)] 2. The Forensic Services Unit shall process the scene and provide copies of all reports and photographs to the Internal Affairs Division and the criminal investigators. C. The investigation of a shooting, or the discharge of an employee’s firearm, will focus on gathering facts related to the case to include: 1. Possible training considerations; 2. Examination of the quality of supervision; and/or 3. Development or recognition of possible employees’ behavior patterns to aid in determining current or possible future City liability. D. Investigative Report Timeline 1. Upon initial activations, the Internal Affairs Division will submit an initial report to the Office of the Chief of Police within 24 hours of the activation. This report will provide a brief overview of the incident and identify the team members conducting the administrative investigation. [26.3.2] 2. All criminal firearms discharge investigations will normally be completed within 90 days of the incident and submitted to the Commonwealth’s Attorney for review. Requests for a time extension must be submitted to and approved by the Investigations Bureau Commander. 3. All administrative firearms discharge investigations should be completed within 90 days after the Commonwealth’s Attorney’s determination. [26.3.1] 4. Exceptions will be made whenever compelling, extenuating circumstances are encountered, with approval of the Chief of Police, or their designee. [26.3.3] E. Administrative Firearms Discharge Investigation Disposition [4.2.2; 26.1.4(a,b,c); 26.3.8] 1. Upon completion of the administrative report, the Internal Affairs Division Commander will forward the written report with the completed investigative file, to the Office of the Chief of Police. a. The report will address the points previously outlined in section II. C. Any accompanying documents (i.e., lab reports, witness statements, etc.) will also be attached to the completed investigation report for examination. b. The investigated employee’s bureau and precinct/division commanders will review the report and accompanying documents providing notations regard any recommendations, issues or concerns. These recommendations will then be forwarded to the Office of the Chief of Police in preparation for the ad hoc committee. ADM-265 - 2 of 3 – 05/07/2021
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