ASSOCIATE Magazine FBINAA Q3-2024

Continued from "Complaints and Administrative Issues", on page 33

While issues are addressed with informal inquiries, Administrative Investigations should be reserved for Allegations of wrongdoing by a subject LEO. These are the allegations that have been identified and clarified in the preliminary analysis of a complaint. Other allegations that were not in the initial complaint but emerged during an inquiry or investigation may be referred to as "emergent allegations.” Formal Administrative Investigations (by PS, Internal Affairs or Chief/Sheriff-appointed Investigating Officer) should be reserved for alleged Violations deemed serious by the Chief/Sheriff or designee. “Serious” typically means that a substantiated allegation could result in higher levels of disciplinary action (suspension, demotion, termination), not something simpler like corrective training. Informal Administrative Investigations should be used for alleged less serious or non-serious Violations and for alleged Infractions . These investigations are normally handled within the scope of authority of the chain of command. As with inquiries, they should be documented and tracked in coordination with PS. Included in the scope of informal administrative investigations are all quality assurance violation/ infraction-detection-tools and processes, such as use-of-force and pursuit reviews, which may reveal emergent allegations. Serious emergent allegations should be referred by the chain of command to PS, chief or sheriff for a formal investigation. It is important to distinguish between policy infractions and policy violations. A Violation is a breach of policy incident that indicates knowing, willful, and/or negligent disregard for policy, and results in, or could be expected to result in, the loss or compromise of the effectiveness, good order, and discipline of the agency. Violations require a documented formal or informal investigation. An Infraction is a breach of policy incident that is neither knowing, willful nor negligent, and which cannot reasonably be expected to, and does not, result in the loss or compromise of the effectiveness, good order, and discipline of the agency. While it does not constitute a violation, if left uncorrected, it could lead to other infractions, violations, or compromises. Infractions require a documented informal investigation by the chain of command to facilitate timely corrective action. We must also be clear in the terminology we use for dispositions. For issues, the disposition determined through inquiry will be either Founded or Unfounded . If an issue is founded, meaning a problem does exist, then the inquiry may present an opportunity to address the problem and for involved employees to improve quality, processes, or procedures. This is also why it is important for PS to track and monitor all complaints, so the whole agency can continuously learn and adapt. Founded issues may also reveal systemic problems that need to be addressed by agency leadership. Even unfounded issues may reveal other problems, like poor communication or inadequate community engagement. Through investigation, allegations are deemed to be Substantiated or Not Substantiated by a Preponderance of the Evidence . This is the “standard of proof” for administrative investigations and means it is more probable than not that the alleged misconduct did or did not occur. This is a significantly lower standard than “beyond a reasonable doubt,” which is only for criminal cases. Some agencies may use terms like "exonerated" to give employees the sense of being found "innocent." However, as

stated above, we and our employees should not even be thinking in such terms as "guilt" or "innocence.” It is inappropriate and incorrect to use criminal investigation terms when conducting or discussing investigative or inquiry actions that are only administrative. In closing, agency complaint and administrative investigations processes can and should be simplified and clarified. I believe we can accomplish this if we use more precise terms and differentiate our actions accordingly.

FBINAA.ORG | Q3 2024

About the Author: Major Lowell Nevill , NA Session 279, retired in 2024 from Fauquier County (Va.) Sheriff's Office, where he last served as the Commander of Support Operations. His responsibilities included the Emergency Communications and the Professional Standards Divisions, including training, policy, records, accreditation, personnel, internal affairs, and property/ evidence. Major Nevill began his law enforcement career with the City of Richmond (Va.) Police Department in 1997, and worked in the Patrol and Investigative Divisions of the Manassas City (Va.) Police Department for several years before joining the Fauquier Sheriff's Office as the

Patrol Commander. He has also served for over 29 years in the Virginia Army National Guard and U.S. Army Reserve. He is currently a Lieutenant Colonel serving with the 352d Civil Affairs Command. He is a veteran of Iraq, Afghanistan and the counter-ISIS campaign; and served an active duty tour as an Inspector General, Chief of Assistance and Investigations, with the Joint Special Operations Command. Major Nevill earned a B.A. in Anthropology at the University of Virginia in 1994; and a Master of Public Administration degree at George Mason University in 2016. He is also a graduate of the U.S. Army Command and General Staff College.

Continued from "National Academy Update", on page 20

me that service is so ingrained in the heart and DNA of NA students – while they enjoy a party or activity, most are in their element serving others. Night to Shine is truly a glimpse of heaven, and it’s exciting to see it become a yearly NA tradition for the January sessions. Another NA tradition was born during NA Session 289 by Mike Slocum of the Painesville Ohio Police Department. Mike and classmates organized a hike with Frontline Freedom (www. frontlinefreedom.org) for NA Session 289 students to hike Virginia’s Triple Crown. The trip brought together 41 classmates of various fitness levels to hike 13.5 miles to the peaks of McAfee Knob and Tinker Cliffs, followed by 5 miles the next day to Dragon’s Tooth. Everyone successfully completed the challenging hikes with one group missing a turn on day one and hiking an additional 8 miles. After the overwhelming positive experience, NAU recruited NA Instructor Heidi Ramsey to help make this an event each session can experience. NA Session 290 was all in, and even though the weather forecast was terrible for the weekend of the hike, the group persevered and made memories that will last a lifetime. Our hope is that FBINAA members and chapters will adopt this new NA tradition and check out Frontline Freedom. The non-profit organization is about getting first responders out in nature to enjoy solitude, hikes, and camping to help combat the stress they have endured throughout their careers. Students have greatly benefited from the growing number of traditions while maintaining those that make the NA the outstanding program it is. My hope is that you will take time to reflect on your memories of your time at NA, look at your own traditions and create or return to ones that promote personal wellness and bring joy.

Take care and Gig ‘em!

Kimberly Castillo National Academy Unit Chief

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