2-104 - MPD Complaint Reporting

This policy describes complaint policies and procedures specific to the MPD.

1. Complaint Process Manual

1. The Complaint Process Manual outlines procedures for receiving complaints made against an employee or the Department, and for how complaints are processed. The Complaint Process Manual is available to all MPD employees on the MPD internal site, and on the OPCR’s public site under Complaint Review Process.

2. Complaints shall be processed according to procedures outlined in the Complaint Process Manual.

2. Chief may Determine Investigation

1. The Chief of Police may require that a complaint be investigated by Internal Affairs or other command staff that the Chief deems appropriate, except complaints about the Chief.

2. Complaints about the Chief shall be referred to the Mayor’s Office, who will determine which entity shall investigate the complaint.

3. Signed Complaints

An officer's formal statement may not be taken unless there is filed with the employing or investigating agency a written complaint signed by the complainant stating the complainant's knowledge, and the officer has been given a summary of the allegations.

1. Complaints stating the signer's knowledge also may be filed by employees of the law enforcement agency.

2. Before an administrative hearing is begun, the officer must be given a copy of the signed complaint.

4. External Complaint Reporting

1. Internal Affairs shall accept any and all citizen complaints of misconduct against any employee of the MPD, regardless of the manner in which the complaint is received (anonymous complaints, complaints via email, complaints reported by a third party, etc.).

1. Any person not employed by the MPD may make a complaint alleging employee misconduct by letter, email, phone, or online or in person to any employee in any area of the MPD.

2. If asked, all employees shall provide citizens with a Police Conduct Complaint Form without question.

1. The complaint forms are available at the precincts, at Internal Affairs Room 112 City Hall and at the Office of Police Conduct Review (OPCR), Room 239 City Hall.
2. The complaint form is also available online at:
   https://www.minneapolismn.gov/report-an-issue/police-officer-complaint/

3. If it is not feasible to provide the form to the citizen, the MPD employee shall provide the internet website address where the complaint form may be located online.

2. MPD employees shall never attempt to dissuade a citizen from lodging a complaint and shall not retaliate against any citizen for filing a complaint or participating in a complaint investigation.
3. At no time shall any employee, including supervisors, handle a complaint about themselves. If someone wants to initiate a complaint about the employee to whom they are speaking, the complainant shall be immediately referred to the employee’s supervisor.
4. All citizen complaints of misconduct by an MPD employee shall cause an investigation into the misconduct alleged.

1. The investigation shall continue to its logical conclusion, unless upon initial review by Internal Affairs there is undisputed evidence that the alleged complaint is unfounded and there is no indication of other misconduct in the incident that is unrelated to the original allegation. All cases that are dismissed after initial review shall be documented and filed for future reference.
2. At no time shall a citizen complaint of misconduct received by Internal Affairs result in an inquiry and not an investigation, unless an exception is made for cause by the Chief of Police.

5. Internal Complaint Reporting

1. An MPD employee who initiates a complaint of alleged misconduct regarding another MPD employee, per P&P 2-101, should refer to the Complaint Process Manual for appropriate procedures.

2. If the accused employee is the Internal Affairs supervisor, an Internal Affairs investigator, or MPD administrative command staff, the Chief of Police or the Chief’s designee shall determine how the complaint is investigated.
3. Complaints about the Chief shall be referred to the Mayor’s Office, who will determine which entity shall investigate the complaint.

6. Employees as Criminal Suspects

1. If any MPD employee is a suspect in a criminal case or the development of a case leads to an MPD employee being a suspect within the jurisdiction of the MPD, Internal Affairs will investigate the criminal case unless another entity is designated by the Commander of Internal Affairs or the Chief of Police. MPD’s Internal Affairs will also investigate all potential policy and procedure violations relative to the criminal case.

2. If the criminal case is outside the jurisdiction of the MPD, Internal Affairs will monitor the criminal case and handle the administrative case, unless the Chief of Police designates otherwise.
3. Officer-involved shootings will be handled in accordance with P&P 7-810 and the applicable labor agreement.

7. Garrity Decisions in Complaint Investigations

1. MPD employees are required to give a statement when ordered to do so regarding matters pertaining to the scope of their employment and their fitness for duty.

1. These statements or the fruits thereof, compelled as a condition of employment, cannot be then used in any criminal proceedings against the employee, except in cases of alleged perjury by the employee giving the statement (Garrity vs. New Jersey, 1967, U.S. Supreme Court).
2. All employees shall answer all questions truthfully and fully render material and relevant statements to a competent authority in an MPD investigation when compelled by a representative of the Employer, consistent with the constitutional rights of the individuals.

2. All statements of involved police employees shall be signed and sworn. Any employee found to have intentionally given a false statement shall be subject to MPD disciplinary procedures, up to and including dismissal.
3. Criminal violations shall be referred to the appropriate prosecuting authority for review, in accordance with section [F] of this policy. The administrative case involving alleged policy and procedure violations may proceed independent of the criminal case.

8. Internal Affairs Records and Other Complaint Data

1. All complaint records, case files, and hearing records shall be maintained according to the Complaint Process Manual and the MN Government Data Practices Act (MGDPA).

2. The Minnesota Government Data Practices Act (MGDPA) governs the information concerning investigations of alleged misconduct by MPD employees.

1. The specifics of an investigation are not public data and shall not be disclosed, except when authorized and required under the MGDPA or a court order.
2. Information regarding disciplinary action, including the basis or nature of discipline, is not public unless and until it reaches final disposition, and the information shall not be disclosed except when authorized and required under the MGDPA or a court order.
3. A Final disposition occurs when all the appeal processes afforded an employee have been concluded. This includes a Grievance Procedure, Binding Arbitration, and a Civil Service Commission Hearing Process.

3. All requests or inquiries for data shall be handled by Records Information and Internal Affairs.

• Feasible: Objectively reasonably capable of being safely done or carried out.
• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.