Table of Contents: Chapter 4

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408 INTERNAL AFFAIRS INVESTIGATION

408.1 Purpose

It shall be the policy of the City of Lee's Summit to initiate an Internal Affairs Investigation (I.A.I.) for administrative purposes when actions of an employee so warrants. The intent of this I.A.I. Policy is to give Department Directors a standard framework and guidelines for conducting administrative investigations within their departments. Actions which will trigger an I.A.I. include, but are not limited to, complaints issued by a private citizen, conduct by an employee which, if substantiated, is unbecoming to the City, arrest by a law enforcement agency, theft of department property, accidents involving City vehicles or property, on-duty conduct that jeopardizes the mission of the City, or violation of the City's Disciplinary Action Ordinance, City Policies or Department rules.

408.2 Scope

An I.A.I. may be initiated only after the Department Director has defined the scope and purpose of the I.A.I., including the reasons or actions which triggered the I.A.I., in a written form to be included in the investigation's final report.

408.3 Oversight

All I.A.I. will be conducted by the Department Director or designee, with assistance from Human Resources, who will submit the facts of the investigation to the Department Director with a recommendation to terminate the investigation or to continue with an administrative course of action. The Department Director will review the report of the I.A.I. and shall determine what administrative action, if any, is appropriate.

408.4 Employee Cooperation Required

Cooperation with an I.A.I. by an employee will be mandatory up to and including answering all questions as directed by the investigating officer, submitting to a polygraph examination and providing any requested reports, documents, files, or records. If a polygraph examination is required, it will be specifically directed and narrowly related to the internal affairs investigation.

Refusal to submit to a polygraph examination when so directed by the Department Director, Investigating Officer or appropriate supervisor, will be considered insubordinate and may be subject to disciplinary action. Additionally, presence of legal counsel shall not be permitted during the polygraph examination or at any stage in the investigation.

408.5 Taping Prohibited

Any interviews conducted between the City and the employee shall not be taped unless specifically approved by the City Law Department and disclosed to the employee.

408.6 Findings

The investigative warning and all other documents, reports, forms and papers gathered during the investigation shall become part of the City's personnel records.