A. The Chief of Police is charged with the responsibility and has the authority to maintain discipline within the Department. The policy of the Dallas Police Department is to provide citizens with a fair and effective avenue for redress of their legitimate grievances against members of this Department. At the same time, members of this Department must be protected from false charges of misconduct or wrongdoing and must be provided with due process safeguards. The Department seeks to maintain its integrity and that of its employees. In so doing, the Department will not hesitate to impose severe disciplinary actions on those found guilty of any violation such as untruthfulness or dishonesty, which is contrary to the ethics of this Department. The Department will remove from employment those individuals who prove to be unfit for their assignment and dismiss unjustified allegations against innocent members of this Department.

B. It is the policy of the Department to accept and investigate all complaints of misconduct or wrongdoing from any citizen or departmental employee as prescribed by state law and Department policy. A thorough and impartial examination of the available factual information will be conducted. When an allegation of misconduct is sustained, the employee will receive corrective action according to the degree of misconduct. The corrective action taken will consider factors such as:

1. The degree of severity of the offense.

2. The record of the offender.

3. The seriousness of the consequences of the violation.

4. The minimum discipline requirement from applicable discipline matrix.

C. All members will comply with City and Department rules, regulations, directives, and orders. Employees will be held strictly accountable for properly exercising the authority they have been given to protect the rights, lives, and property of all individuals. At the same time, Department members must be protected against false allegations of misconduct. Accordingly, the Chief of Police must ensure that internal investigations are conducted in accordance with the fundamental principles of fairness and that Department members are afforded all their rights. This can only be accomplished through a consistently thorough investigative process. Prompt, thorough investigations will be conducted into allegations of misconduct.

D. The imposition of corrective actions and necessary penalties are among the methods available to the supervisory chain-of-command to achieve departmental goals and compliance with departmental policies and procedures. Use of this authority is intended to eliminate the particular behavior and to censure the employee(s) responsible for the misconduct.

E. The Dallas Police Department is committed to providing high quality law enforcement services applied efficiently, fairly, impartially, and with empathy. In so doing, officers are held to the highest standards of official and professional conduct and are expected to respect the rights of all citizens. Officers' voluntary adherence to these standards, motivated by an ethical obligation to perform their job to the best of their ability, is eminently desirable and an ultimate objective of this Department.

F. If an officer does not adhere to the standards of official conduct, either through deliberate action or negligence, corrective action will be applied in a prompt and certain manner. This corrective action will be applied consistently and fairly to all employees at all times.

The Dallas Police Department will make every effort to eliminate the organizational conditions that may foster, permit, or encourage improper behavior by its employees. The complaint investigative process will be used to identify unclear or inappropriate departmental procedures or conditions to the employee's chain-of-command for appropriate administrative action.

A. It is the policy of the Dallas Police Department to prohibit disparate discipline in any form.

B. Disparate discipline has both a legal and an ethical meaning. Legally, disparate discipline is a form of disparate treatment as defined by law. It is action or activity which unlawfully or unjustly results in unequal treatment of persons or groups based on age, color, national origin, race, ethnic group, religion, or gender for which distinctions are not supported by legal or rational considerations. In ethical terms, disparate discipline is the withholding and/or the application of the disciplinary process solely for reasons described by law as being unlawful and unjust.

C. Commanders will recommend disciplinary action in a fair and consistent manner recognizing the need to consider the individual factors of each case. Supervisory and command personnel will consider factors such as the nature of the offense/misconduct, the intent of the employee, the employee's past record and/or repetitive violations of the same nature.

A. Personnel complaints will be handled in accordance with Texas Government Code, Section 614.021-614.023, as interpreted by the City Attorney.

1. Complaints must be made in writing and signed by the person aggrieved. Affidavit form is preferred; however, it is not required.

2. A signed letter of complaint will be sufficient after verifying that it is not a fictitious letter signed with a fictitious name.

3. A signed memorandum or Request for Control Number BlueTeam web entry from a supervisor or other employee who is aware of the facts of an incident may fulfill the requirements for an internally originated complaint.

B. All complaints will be accepted and reviewed upon receipt. Personnel complaints will not be investigated more than 60 days after the alleged incident, with the following exceptions:

1. When the complaint involves a criminal violation, the criminal statute of limitations will prevail. Such limitations, however, will not prevent the Department from taking disciplinary action deemed necessary to preserve the integrity of the Department.

2. When the complainant can show good cause for not making the complaint within the specified time limit.

C. Complaint Restrictions

1. Complaints relative to differences of opinion between a police officer and a citizen over the issuance of a traffic citation will not be investigated unless there is an allegation of a violation of law or departmental rules on the part of the officer.

2. Complaints relative to differences of opinion between a citizen and an arresting police officer regarding the guilt or innocence of that citizen will not be investigated but will be properly disposed of within the judicial system. If a citizen can furnish sufficient evidence, however, that the arrest was malicious and/or illegal, the complaint may be investigated at the discretion of the Internal Affairs Division Commander.

3. Complaints involving a citizen’s misunderstanding of departmental policy, which are resolved by a supervisor explaining the correct departmental policy and where the citizen is satisfied with the response, will not require investigation.

4. Complaints relative to differences of opinion between a citizen and the investigating officer regarding the contributing factors listed on an accident report will not be investigated.

A. Chapter 12, Section 4 of the City Charter gives the Chief of Police exclusive right to suspend or discharge employees of the Police Department for violations of departmental rules and regulations.

B. Chapter 12, Section 4 of the City Charter states the Chief of Police may delegate this authority to discipline as he or she deems fit. Therefore, any duty assigned to the Chief of Police, Executive Chief of Police, Assistant Chief of Police/Assistant Director, Bureau Commander, Deputy Chief of Police, Division Commander, or Organizational Commander in the discipline or appeal process in General Order 500 will always include the meaning of “or his/her designee.”

C. This order establishes a procedure for investigating complaints against employees of the Dallas Police Department for alleged or suspected violations of departmental regulations, the Code of Conduct, the City of Dallas Personnel Rules, the Civil Service Board Code of Rules and Regulations, Administrative Directives, the Charter or Ordinances of the City of Dallas, or the laws of the State of Texas or the United States.

D. The Internal Affairs Division will exercise staff supervision over incidents of reported infractions that are investigated by departmental supervisors and may result in corrective action.

E. The Internal Affairs Division will investigate or cause to be investigated:

1. Citizen complaints meeting the requirements in Section 502.00 above.

2. Requests for investigations from the City Manager.

3. Administrative allegations against members of the Department involving the commission of a criminal offense, misconduct, or negligence in the performance of duty. (Responsibility for the actual criminal investigation remains with the appropriate investigative unit.)

4. Shooting incidents in which an employee is injured or in which an employee discharges his or her weapon. This investigation will cover the justification of the employee firing a weapon as prescribed by the policy of this Department.

5. Accidents involving departmental vehicles when the investigation reveals misconduct or a violation of departmental rules. The violation will be investigated in accordance with this order.

6. Any incident when directed by the Chief of Police or the Assistant Chief of the Investigations Bureau.

A. Officers and non-sworn personnel are required to notify a supervisor or the Internal Affairs Division whenever they learn through personal observation or report of any violation of the General Orders, Code of Conduct, the City of Dallas Personnel Rules, the Civil Service Board Code of Rules and Regulations, the Charter of the City of Dallas, the Ordinances of the City of Dallas, and/or the laws of the State of Texas or the United States by any employee of the Department.

B. Each member participating in a complaint investigation or having knowledge of a reported incident will submit an internal statement to the Chief of Police when directed. The report will include all information and evidence known or reported to the member relating to the incident. This will include any tape recordings, photos, etc.

C. Supervisory and command personnel will initiate investigations when they become aware of infractions by any member of the Department. They will not look to higher authority for initiation of this action.

D. Each member will cooperate fully with personnel of the Internal Affairs Division or any other member conducting an investigation.

E. No members of this Department will conduct a personnel investigation, or question any individual in regards to an on- going personnel investigation, unless authorized by this order or pursuant to the approval of the Commander of the Internal Affairs Division.

F. Employees with Pending Criminal Cases

1. When a supervisor becomes aware that a departmental employee has a pending criminal case, initiated by an agency other than the Dallas Police Department, a memorandum outlining the circumstances should be forwarded to the Commanders of the Internal Affairs Division and Public Integrity Unit without delay.

a. A pending criminal case is defined as follows:

i. When an employee is arrested.

ii. When an employee has been formally charged with a criminal offense (whether or not there was an arrest).

iii. When an employee is the focus of a criminal investigation, or has simply been listed as a suspect in a criminal offense report.

b. The memorandum will include the employee’s name and badge number (if applicable), the circumstances of the incident, the date of the incident, whether the employee was arrested, charged or simply the focus of an investigation, the agency conducting the investigation, and any other information that is available.

2. The Commanders of the Internal Affairs Division and Public Integrity Unit will review the information, make a determination on whether or not an internal investigation is required, and will ensure that a copy is forwarded without delay to the Unit Commander of the Legal Services Unit.

3. It will be the responsibility of the Unit Commander of the Legal Services Unit to contact the District Attorney’s Office and provide that office information on the pending criminal case.

4. Once notified of a pending criminal matter, the Commanders of the Internal Affairs Division and Public Integrity Unit will be responsible for monitoring the incident and updating the Unit Commander of the Legal Services Unit when the pending criminal matter has been resolved.

5. Upon notice of resolution of the pending criminal matter, the Unit Commander of the Legal Services Unit will be responsible for notifying the District Attorney’s Office.

A. Complaints received from citizens, regardless of where the citizen first reports the complaint, will be classified as an External Administrative Complaint.

B. Complaints received from officers and supervisors within the Department will be classified as an Internal Administrative Complaint.

A. Any complaint received by mail will be immediately forwarded in an envelope marked Confidential to the Internal Affairs Division for processing under this order. A copy will be maintained by the organizational level receiving the complaint.

B. Citizens who telephone and wish to make a complaint will be immediately referred to a supervisor, or if between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, to the Internal Affairs Division.

C. Citizens who appear in person at the Jack Evans Police Headquarters building between 8:00 a.m. and 5:00 p.m. on weekdays, and wish to make a complaint against a member of the Department, will be referred to the Internal Affairs Division. When the Internal Affairs Division is closed, citizens will be referred to any supervisor.

D. Citizens who appear in person at outlying facilities will be granted immediate access to a supervisor.

E. Citizens may also initiate an External Administrative Complaint with the Office of Community Police Oversight. The Department shall not prohibit or discourage any citizen from initiating an External Administrative Complaint with the Office of Community Police Oversight.

If a complaint is referred to a supervisor, the supervisor will:

A. Interview the complainant either in person or by phone to determine the nature of the complaint.

B. In all cases advise the complainant that in order for formal action to be taken against a member of the Department, the complaint must be made in writing and signed by the complainant.

C. If the complainant desires an investigation, the supervisor will:

1. If interviewing the complainant in person:

a. Obtain an affidavit (preferred) or a written signed complaint.

b. Create an External Complaint BlueTeam web entry documenting the nature and parties involved in the complaint. Attach the affidavit or written signed complaint to the web entry.

c. To complete the web entry, select the “Mark Complete” option in BlueTeam which will automatically forward the entry directly to the BlueTeam Program Administrator.

d. The supervisor shall ensure their lieutenant/manager is notified of the external complaint prior to the end of their tour of duty.

2. If interviewing the complainant by telephone:

a. Advise the complainant to appear in person at the Internal Affairs Division or Office of Community Police Oversight at 1500 Marilla Street, 5CS Dallas, TX, 75201, to provide an affidavit or if the complainant cannot appear in person, to send a signed letter to the Office of Community Police Oversight (and provide the address). They may also send the signed complaint by fax, email, or use the on-line complaint form.

b. Complete the External Complaint BlueTeam web entry and select the “Mark Complete” option in BlueTeam which will automatically forward the External Complaint web entry directly to the BlueTeam Program Administrator. The supervisor shall ensure their lieutenant/manager is notified of the external complaint prior to the end of their tour of duty. Indicate in the web entry that the complainant has been referred to the Internal Affairs Division and the Office of Community Police Oversight and understands what action is required of him or her. Include the complainant’s address and telephone number in the BlueTeam web entry.

D. If the complainant does not desire an investigation and the complaint is minor the supervisor will:

1. Enter the complaint in BlueTeam as an “External Complaint” incident and select the “Mark Complete” option which will automatically forward the External Complaint web entry directly to the BlueTeam Program Administrator. The supervisor shall ensure their lieutenant/manager is notified of the external complaint prior to the end of their tour of duty. The supervisor shall suspend any anticipated corrective action until it is determined if the matter will be submitted for mediation by the Office of Community Police Oversight.

2. If the matter does not proceed to mediation, the complaint will be returned to the Department by the Office of Community Police Oversight through Internal Affairs for appropriate action.

E. Upon becoming aware of an employee's involvement in an alleged or suspected criminal violation or serious violation of departmental regulations, the supervisor will inform the on-duty commander as soon as possible. The on-duty commander will consult a member in the chain-of-command at the rank of Major, Section Manager, or higher, who will determine whether to relieve the employee from duty. If instructed to do so, the on-duty commander will take custody of the employee's credentials and city-owned weapon. If the on-duty commander is not immediately available, the supervisor detecting the violation or a detective from the Internal Affairs Division will consult a Major, Section Manager, or higher in the employee's chain-of-command, who will determine whether to relieve the employee from duty and take custody of any credentials and city-owned weapon.

F. In all cases, the supervisor will report the complaint to their on-duty commander within one hour of receipt of the complaint. If, in their opinion, the violation is of a serious nature, the on-duty commander will notify the duty sergeant of the Internal Affairs Division. Otherwise, the incident will be reported to the Internal Affairs Division as required above.

G. Violations which must be immediately reported include, but are not limited to:

1. Physical abuse when bodily injury is visible or can be reasonably expected or assumed to have occurred.

2. Violations of the law.

3. Any action which could reasonably be expected to result in unfavorable criticism of the individual or the Department.

A. Supervisory Review

1. A supervisor may initiate and conduct a Supervisory Review of the circumstances and take necessary corrective action on minor violations of which the supervisor has direct knowledge or has personally observed when such corrective action consists of summary discipline. A Supervisory Review does not require the assignment of an Internal Affairs Control Number.

2. Summary discipline includes Advice & Instruction, Documented Counseling, or Supervisor's Report (Correction).

3. In any circumstance in which the supervisor issues an Advice & Instruction, Documented Counseling or Supervisor's Report (Correction), the document will be forwarded through the chain-of-command to the Internal Affairs Division following the guidelines of General Order 511.01.

B. Control Number Investigation

1. Any supervisor may initiate a request for investigation into an alleged violation of law, rules, or regulations of the Department. To initiate such a request, the supervisor will:

a. Complete a Request for Control Number BlueTeam web entry giving a synopsis of the allegation.

b. Forward the BlueTeam web entry through the chain-of-command and Assistant Chief via the BlueTeam Program Administrator to the Internal Affairs Division. A courtesy copy will be sent to the employee's Organizational Commander if that commander is different than the initiating supervisor's.

c. Maintain a copy of the form in organizational level files.

2. Upon receipt of the form, the Commander of the Internal Affairs Division will determine whether the complaint should be handled as a standard, documented Internal Affairs investigation and given a control number (Control Number Investigation) or as a Division Referral Investigation which will be given a Division Referral Number.

3. Formal discipline may not be imposed without the issuance of an Internal Affairs Control Number. Formal discipline includes a Written Reprimand, Suspension, Demotion, or Discharge.

A. An Internal Affairs Control Number Investigation will be conducted based on allegations involving the commission of a criminal offense, serious misconduct or negligence in the performance of duty and whether if SUSTAINED, the punishment would result in discipline higher than summary.

1. Indebtedness Complaints

a. No member will be disciplined for failing or refusing to pay an unjust or justifiably disputed debt or usurious interest; or a deficiency claim for property repossessed by a vendor unless such deficiency has been entered as a court judgment after an opportunity was provided for the debtor to appear and contest the claim; or a debt barred by a discharge in bankruptcy or by the statute of limitations.

b. A member may be disciplined for failure to pay just debts.

2. False Accusations Made Against Employees

a. If an employee has any questions regarding false accusations against him or her, the employee should contact the Internal Affairs Division Commander.

b. The Internal Affairs Division Commander will review accusations for possible criminal or internal rule violations and initiate an investigation when appropriate. In those cases where there is an indication that an individual intentionally or knowingly made false accusations or submitted false evidence, the case will be referred to the Public Integrity Unit for possible filing of criminal charges.

3. Sexual Harassment Complaints will be addressed or investigated as outlined in General Order Section 431.00.

B. The Internal Affairs Division Commander has the authority to return a Request for Control Number to the Division for investigation if it is his or her determination that if SUSTAINED, the punishment would result in Summary Discipline only. The request would then be assigned a Division Referral Number and returned to the Division for Investigation as outlined in General Order Section in 507.06.

The following rights are afforded employees in internal investigations.

A. Administrative (Garrity) Warning

In all administrative investigations, the investigator and/or supervisor shall issue to the employees an Administrative (Garrity) Warning prior to any interview or request for internal statement.

B. The interview of a Department member other than in the initial stage of an investigation will be scheduled at a reasonable time, preferably while the member is on duty, or if feasible, during daylight hours.

C. An interview, depending upon the allegations, will normally take place at either the employee's unit of assignment, the Internal Affairs Division, or other appropriate location.

D. Prior to an interview, the Department employee under investigation will be informed of the identity of the person in charge of the investigation, the interviewing officer(s), and the identity of all persons to be present during the interview.

E. Immediately prior to the interview of a Department employee under investigation, the employee will be informed in writing of the nature of the complaint and the name of all complainants. This may be accomplished by presenting the accused employee with a letter of allegation, a copy of the citizen's letter or affidavit, or a copy of the Request for Control Number BlueTeam web entry. No formal administrative investigation may be initiated solely on the basis of an anonymous complaint.

F. The length of the interview will be reasonable, with interruptions permitted for personal necessities, meals, telephone calls and rests.

G. An employee will not be threatened with transfer, disciplinary action, dismissal, or promised a reward as inducement to provide information relating to an incident under investigation, or for exercising any rights contained herein, except as provided in the Administrative Warning.

H. An employee and their legal counsel will be provided one copy, without unnecessary delay, of any written statement the employee has made at the time when the statement is finalized and signed by the employee. The employee shall keep the statement confidential.

I. Employees who are the subject of an investigation, or employees who have discharged their firearms, or have witnessed another employee discharge a firearm, or are being investigated for a death in custody, are allowed to have legal counsel or an on-duty supervisor (not in their chain-of-command), present during any interview, subject to the following conditions.

1. If an employee chooses to have legal counsel present during the interview, it is the responsibility of the employee to ensure that legal counsel is present on the date and time, and at the place of the interview.

2. The purpose of counsel is to protect an employee's rights; not assist in the preparation of substantive replies to allegations of misconduct. If an employee chooses to have legal counsel present, legal counsel is permitted to be present for any questioning of the employee.

3. Financial liability resulting from the use of legal counsel will be the responsibility of the involved employee.

4. If an employee is entitled to have legal counsel and chooses not to have legal counsel, the employee may be accompanied by an on-duty supervisor not in the employee's chain-of-command. The supervisor will follow the same guidelines as legal counsel.

J. If an employee is to be presented with a written allegation as described in Section 506.01E, the investigating officer will attempt to notify the accused employee at least 48 hours in advance of any interview. The accused employee will be given the nature of the complaint, the complainant's name, and date and time of the incident, if known. This will allow the employee to arrange for legal counsel if necessary.

1. The Chief of Police may waive the 48-hour notice and/or providing the employee with advance notice of the nature of the complaint, if a departmental need exists to expedite the investigation, or if the investigation might be compromised if advance notice is given. In the event the 48-hour notice is waived, the employee will be given a reasonable time to obtain legal counsel (not more than two hours).

2. A separate 48-hour notice is not necessary when additional allegations are presented in a continuing internal investigation.

K. Before an employee who is the subject of an investigation provides a statement to an investigator the employee and his/her legal counsel, if any, will be provided an opportunity to review any videotape, audio recording, photograph, or other recording of the operative conduct or alleged injuries, if any, which is the subject of the allegations if such recording is within the possession or control of the Department.

L. An investigator may not interview an employee who is the subject of an investigation or conduct any part of the investigation at the person’s home or at a hospital without the person’s written permission.

M. A person may not be assigned to conduct an investigation if the person is the complainant, a decision-maker regarding disciplinary action, or a person who has any personal involvement regarding the alleged misconduct.

N. Either the investigator or the employee may record an interview, but only if prior notification of intent to record is given to the other party.

O. An accused employee may submit a written request for a behavioral cause investigation or an intoxilyzer, blood, urine, or physical examination if he or she believes such would be beneficial to his or her defense. The decision on whether to approve such a request rests with the Internal Affairs Division and Public Integrity Unit Commanders. The Department may require such tests of an accused employee. The results of such tests would be limited to administrative use, except as provided by law.

P. Employees are given the opportunity to have one association representative be present with the employee during a Disciplinary Action Hearing.

1. If an employee chooses to have a representative present during a hearing, it is the responsibility of the employee to request the representative and ensure the representative is present on the date, time, and location of the hearing. A hearing will not be delayed if a representative is not present.

2. Only one representative per employee will be permitted to attend a hearing.

3. Representatives are not allowed to record the hearings, take notes, make statements, ask questions, or otherwise become involved in the hearing or interfere with the hearing in any manner.

4. Representatives are only permitted to attend the portion of the hearing in which the employee is present in the room.

5. Failure to adhere to the established guidelines will result in the representative’s dismissal from the hearing.

6. Representatives will not be allowed to attend discipline appeal hearings unless the employee’s attorney will not be in attendance.

7. Representatives may not be on duty while attending hearings (exceptional leave may be granted for such purposes if staffing allows).

A. Employees of the Police Department may be assigned departmentally owned vehicles, lockers, desks, cabinets and offices for the mutual convenience of the Department and its personnel. The retention of personal items in such containers or facilities is at the risk of the employee and the Department will not be responsible for any losses. Such equipment is subject to entry and inspection without notice, even if the employee has placed a personally owned lock on departmental property.

B. Entry into departmental property for purposes of individual administrative investigations will be based on reasonable suspicion of work-related misconduct. Nothing found as a result of an administrative investigation search may be used in criminal proceedings.

C. If an employee is the subject of a criminal investigation, a search of departmental equipment (lockers, desks, etc.) and facilities or offices assigned to the exclusive use of an employee to recover evidence for use in criminal proceedings will not be made except by warrant or consent. This is not to constrict the gathering of evidence when in plain view.

D. Routine inspections of facilities and equipment (lockers, desks, etc.) may be conducted. Evidence of violations of law or departmental procedures may be used in both criminal and administrative actions. In routine inspections personal items such as purses, briefcases, and gym bags will not be searched.

E. Employees are advised that telephones subscribed to or owned by the Department are to be used predominantly for departmental business. While it is understood that personal situations do arise during work hours, personal business on departmental telephones should be kept to a minimum. The Department reserves the right to supervise the use of its telephones at all times to ensure proper performance of operations.

Upon receipt of a written complaint directly from a citizen, or an internally generated Request for Control Number BlueTeam web entry from a departmental supervisor, the Internal Affairs Division Commander will:

A. Determine whether the complaint should be handled as a standard documented Internal Affairs investigation and given a control number; or as a Division Referral Investigation and given a Division Referral Number.

B. Ensure the complaint is investigated promptly with the greatest degree of investigative efficiency, and concluded in a timely manner.

C. In the case of citizen written complaints received by mail, cause a letter to be sent to the complainant acknowledging receipt of the complaint. Additionally, cause a memo to be sent to the accused officer(s) advising of the complaint. The letter to the citizen and memo to the employee will contain the Control Number assigned (if applicable) and the name of the person responsible for conducting the investigation or inquiry; or the reason why an investigation will not be conducted.

A. Internal Affairs directed investigations having control numbers will be conducted by sworn personnel assigned to the Internal Affairs Division, or as directed by the Internal Affairs Division Commander.

B. Accused employees and employees who have discharged their firearm are allowed to have legal counsel of their choice present during any interview in a formal investigation, in accordance with the provisions of General Order Section 506.01. Accidental discharges will be investigated in accordance with General Order Section 418.08.

C. If an employee is the subject of a formal investigation, the investigating officer will notify the employee and present the complaint in accordance with the procedure specified in General Order Section 506.01.

D. The employee will report to the Internal Affairs Division or other location as directed, to respond to the complaint.

E. During the initial interview, the investigating officer will inform the employee of the identity of the person in charge of the investigation and any other personnel present during the interview. An audio recording of the interview may be made, if deemed necessary by Internal Affairs personnel. If the interview is recorded, two copies will be made and one will be given to the employee at the conclusion of the interview. If the interview is recorded by use of a stenographer or court reporter, the employee may make an audiotape for the employee's own records.

F. The Director of the Office of Community Police Oversight, or his or her designee, may monitor an Internal Affairs investigation of any External Administrative Complaint, including observing witness interviews (from a separate room), submitting recommendations of interview inquiries, and issuing evidentiary retention requests.

G. The Director of the Office of Community Police Oversight may monitor an Internal Affairs Investigation of a Critical Incident, including observing witness interviews (from a separate room), submitting recommendations of interview inquiries, reviewing documentary and physical evidence, and accessing relevant police data. For purposes of this Section, a Critical Incident means an officer-involved shooting or a use of force incident that results in serious bodily injury or death, as defined in Chapter 37 of the Dallas City Code.

H. Prior to any questioning, the employee will be presented with a signed copy of allegations (either a letter or affidavit signed by the complainant or a letter of allegation from the detective) against him or her. The investigating officer will then issue the employee the Administrative Warning. The employee will sign receipt of the Administrative Warning.

I. At the conclusion of the interview, the employee may be required to submit a written internal statement covering the details of the incident. All internal statements will be taken on Internal Statement forms. In cases where the interview is recorded, the interview itself may serve as the internal statement. In such cases, the interview may be transcribed and the employee called in at a later date to review and sign a copy of the transcript. A copy of the transcript will be provided to the employee. If the detective determines a written internal statement is required, the employee will prepare the internal statement at the time and in the manner directed by the investigating officer.

J. The employee is not allowed to have an attorney present while preparing a written internal statement. The employee and counsel, if present, are allowed to confer. One copy of the employee's internal statement will be provided to the employee and their counsel at the time when the statement is finalized and signed by the employee. The employee shall keep the statement confidential.

K. When written internal statements are taken, the employee may submit a supplemental statement any time before the end of the business day following receipt of his or her copy of the internal statement. In recorded interviews, all issues should be resolved prior to the end of the interview. Supplemental statements will therefore not be accepted unless prior approval is obtained from Internal Affairs.

L. No person other than the assigned investigating officer, or those at his/her direction, will investigate personnel complaints. This includes contacting witnesses, complainants, or others involved. If information regarding a complaint comes to an employee's attention, the employee will forward it to the investigating officer or the Internal Affairs Division Commander. Requests for additional investigation will be made in writing through the chain-of- command to the Internal Affairs Division Commander.

M. If a legal opinion is needed, a written request will be made through the Internal Affairs Division Commander. No other legal opinions will be sought regarding disciplinary matters by any Department member. This does not apply, of course, to an employee's relationship to private counsel.

N. The assigned investigating officer, or one acting at his or her direction, is responsible for contacting all witnesses, obtaining all other evidence, and ensuring a complete investigation.

O. Upon completion of the investigation, the investigating officer will submit a report to the Chief of Police through the Internal Affairs Division Commander. All pertinent items of information (internal statements, affidavits, etc.) will accompany this report as attachments. The Internal Affairs Division Commander will review the investigative summary report for completeness and accuracy. The summary report will be signed by the investigating officer.

P. At any time during the Internal Affairs investigation of an External Administrative Complaint or a Critical Incident, the Director of the Office of Community Police Oversight may ask questions of or discuss the investigation with the Chief of Police.

A. At the conclusion of an investigation or inquiry, any written report or memorandum generated will be reviewed by the Internal Affairs Division Commander. In Control Number Investigations, the Internal Affairs Division Commander will make a finding based upon evidence contained within the documentation. Possible findings include:

1. UNFOUNDED -- the investigation determined that the act or acts complained of did not occur.

2. EXONERATED -- the investigation revealed that the acts complained of occurred but were justified, lawful, and proper.

3. NOT SUSTAINED -- the investigation failed to disclose sufficient evidence to prove or disprove the allegation.

4. SUSTAINED -- the investigation disclosed a preponderance of evidence in support of the allegation made in the complaint.

5. COMPLETE -- the investigation established the facts of an Administrative Inquiry and determined that no violations of the rules occurred.

B. If the Internal Affairs Division Commander concludes that the conduct of any employee is improper, he or she will cite in the report the departmental rule, regulation, or order which was violated. The Internal Affairs Division Commander will sign the conclusion report upon completion of the review.

C. Upon conclusion of the investigation if the allegation or incident is classified as Unfounded, Exonerated, or Not Sustained, the Internal Affairs Division will notify the employee in writing through the member’s chain-of-command.

D. Any SUSTAINED finding must be reviewed by the Chief of Police or his/her designee, who will render the final finding on the matter under investigation. If the Chief's or designee’s decision is that an allegation is SUSTAINED, the investigation will be processed in accordance with General Order Section 509.00.

E. Any mitigating circumstances surrounding the situation, such as unclear or poorly drafted departmental policy, inadequate training, or lack of proper supervision, will also be noted for chain-of-command administrative action. During the course of the investigation, if violations indicative of summary punishment are uncovered that are not related to the improper conduct, these violations may be included in the chain-of-command recommendation which will be in the form of a memorandum to the Organizational Commander for his/her action. (A response is required to the Internal Affairs Division regarding any Chain of Command Recommendation.)

A. To ensure the integrity of the Department and maintain the confidence of the citizen, it is sometimes necessary to conduct investigations into allegations of misconduct or mishandling of police incidents, even though the allegations do not meet the requirements for making formal complaints as set out in General Order 502.00.

B. Administrative inquiries may be conducted in the following circumstances:

1. The employee is unknown.

2. Allegations are not specific - unable to tell if a violation occurred.

3. City Manager referrals.

4. Allegations from a third party at the discretion of the Internal Affairs Division Commander. Such allegations must be in writing and signed by a person with first-hand knowledge of the incident and must be brought within the time limit for accepting formal complaints.

5. Anonymous complaints. Anonymous complaints alleging criminal activity will be reviewed by the Public Integrity Unit.

6. Any incident when directed by the Chief of Police, or the Executive Assistant Chief of Police.

7. Allegations where a strong likelihood exists that the complainant is untruthful.

C. When a complaint is assigned to be investigated as an Administrative Inquiry, the Internal Affairs Division Commander will determine whether that inquiry will be conducted by Internal Affairs personnel or a supervisor within the employee's Bureau.

D. The assigned investigator will conduct an inquiry into the incident by contacting and interviewing all available witnesses and participants, both Department employees and citizens, and examining any other evidence. The investigator may obtain internal statements from involved employees.

E. The Administrative Inquiry will follow the guidelines of an Internal Affairs Control Number Investigation except upon completion of the inquiry, if no violations of policy are found, the investigator will assign a “Finding” of COMPLETE only. If violations of policy are discovered, the investigation will be continued as a Formal Internal Affairs Control Number Investigation. 

A. For the purpose of this order the term Public Integrity Investigation will mean those investigations of public officials or City of Dallas employees alleged to have committed: perjury; falsification of reports; solicitation of bribes; inappropriate handling of recovered/seized drugs, property or monies; associating with persons involved in criminal conduct; or any other conduct which could be considered abuse of office or authority.

B. Responsibility For Notification

1. When a member of this Department becomes aware of information that indicates any Police Department employee is involved in criminal conduct, he or she will immediately forward that information to the respective Bureau Commander.

2. To protect the confidentiality of the investigation, an employee who becomes aware of the violation will not be required to notify the chain-of-command but will report the allegation directly to his or her Bureau Commander.

3. The Bureau Commander will evaluate the information available and, if it is determined that it is sufficient to warrant investigation, the commander will contact the Chief of Staff or his/her designee and request a formal investigation.

C. Public Integrity Investigation Procedure

1. If it is determined that an investigation is warranted, the Public Integrity Unit will be responsible for investigating the allegations to determine if criminal charges are applicable, preparation of prosecution reports, and presentation of evidence to a Grand Jury.

2. Witness officers are required to report to the Public Integrity Unit, however they are not afforded legal counsel. Witness officers will be shown body worn camera footage.

3. Upon completion of the investigation, a written report will be presented to the Chief of Staff, who will present the results to the Chief of Police.

4. If it is determined that an allegation does not require investigation by the Public Integrity Unit, it will, with concurrence of the Commander of the Investigations Bureau, be referred to the Bureau that normally would have investigative responsibility.

5. Any allegation of criminal conduct by an employee of the Dallas Police Department may, at the discretion of the Chief of Police or the Commander of the Investigations Bureau, be assigned to the Public Integrity Unit for investigation.

6. Administrative Violation

a. If violations are discovered during a Public Integrity Investigation, the Commander of the Public Integrity Unit will notify the Commander of the Internal Affairs Division of such violations. Once notified, the Internal Affairs Division Commander will decide whether to assign an Internal Affairs investigator to conduct a concurrent investigation or to delay the administrative investigation until completion of the criminal investigation.

b. An exception to the notification procedure above can be exercised by the Commander of the Investigations Bureau when, in his or her opinion, the ongoing criminal investigation could be compromised or must, out of necessity, remain secret until completion.

c. When the Public Integrity Unit completes the criminal investigation, the Internal Affairs Division will be notified. The Internal Affairs Division will then proceed with its review of that information.

A. Investigations that are classified as Division Referrals will have DR affixed to the Control Number and will be assigned to the involved employee’s division for investigation by the involved employee’s immediate supervisor or as directed by the involved employee’s Divisional Commander. Division Referral investigations are required to be completed and returned to the Internal Affairs Division (“Program Administrator”) within 45 working days or 64 calendar days from the date received by the supervisor assigned to investigate.

B. A written request for an extension of a Division Referral investigation is required if an investigation cannot be completed by the suspense date. A signed memorandum shall be submitted to the commander of the Internal Affairs Division from the affected Division Commander assigned the investigation and specifies the number of days being requested. The number of days requested shall not exceed 30 calendar days.

C. The commander of the Internal Affairs Division will notify a Division Commander via BlueTeam that an investigation has been assigned to their division. The affected Division Commander will assign the Division Referral Investigation to a supervisor within the division.

D. The assigned supervisor will be responsible for contacting all witnesses, obtaining all other evidence, and ensuring a complete investigation. (If at any point in the investigation it is determined that discipline higher than Summary would be recommended, the investigation will be immediately returned to Internal Affairs for a formal investigation).

E. Prior to questioning of an employee in a division referral investigation, the investigating supervisor will notify the employee of the nature of the allegations against the employee.

F. Prior to questioning an employee in a division referral investigation, the investigating supervisor will issue the involved employee or witness employee the Administrative Warning (Garrity). The employee will sign receipt of the Administrative Warning.

G. At the conclusion of the interview, the employee will be required to submit a written internal statement covering the details of the incident. All internal statements will be taken on Internal Statement forms.

H. If the Investigating Supervisor concludes that the conduct of any employee is improper, he/she will cite in the report the departmental rule, regulation, or order which was violated.

I. Upon completion of the investigation, the investigating supervisor will submit the investigation via BlueTeam and it will be reviewed through the involved employee’s chain of command.

J. All pertinent items of information (Internal Statements, etc.) will accompany this report as attachments.

K. At the conclusion of the investigation, the Section or Division Commander will make a finding based upon evidence contained within the documentation and cite the finding in the “Comments” box when approving the investigation. Possible findings include:

1. UNFOUNDED – the investigation determined that the act or acts complained of did not occur.

2. EXONERATED – the investigation revealed that the acts complained of occurred but were justified, lawful, and proper.

3. NOT SUSTAINED – the investigation failed to disclose sufficient evidence to prove or disprove the allegation.

4. SUSTAINED – the investigation disclosed a preponderance of evidence in support of the allegation made in the complaint.

5. COMPLETE -- the investigation determined that no violation(s) of the rules occurred.

L. If SUSTAINED, the Section or Division Commander will determine if Summary Discipline will be issued as a result of the investigation. (The DR# will be used on any summary discipline issued as a result of a Division Referral Investigation and Summary Discipline Appeal procedures as outlined in General Order Section 511.02 will apply).

M. Once the Section or Division Commander has approved the investigation, they will have the investigating supervisor inform the citizen of the findings and their right to appeal to the Office of Community Police Oversight (OCPO) located at City Hall at 214-671-8283, Monday-Friday, between the hours of 8:00 a.m. and 5:00 p.m. The notification must be entered into the narrative of the investigation.

N. Once the Section or Division Commander has approved the investigation, the Section/Division should forward the investigation, via the BlueTeam Program Administrator, to the Internal Affairs Division for filing. All Division Referral investigations will be maintained and archived by the Internal Affairs Division.

O. The classification of the investigation will be entered into the Internal Affairs Database for statistical purposes and it will be noted on the employee’s Concise Report.

P. For Division Referrals conducted as a result of an External Administrative Complaint, the Internal Affairs Division shall provide the Director of the OCPO confirmation that the complaint has been addressed, and provide the Director access to relevant information.

A. The Chief of Police may circumvent all formal disciplinary procedures to render an immediate decision when he deems it necessary to preserve the integrity of the Department.

B. A disciplinary hearing shall not be held with an employee whose alleged conduct involves the violation of any local, state, or federal law, or whose conduct has been the subject of any criminal investigation (including Class C citations), without first obtaining written permission from the Chief of Police. The Internal Affairs Division shall notify the Chief of Police in writing of an employee’s upcoming disciplinary hearing involving the above criteria.

1. The Chief of Police may either:

a. Choose to hold a hearing with the involved employee(s) and render a disciplinary decision, or

b. Instruct a hearing be conducted by a Bureau Commander.

2. The Chief of Police’s decision shall be documented in writing. If the Chief of Police chooses to hold a disciplinary hearing, the involved employee’s Bureau Commander shall make a disciplinary recommendation on a Disciplinary Recommendation Form prior to the hearing. In the event the Chief of Police instructs a Bureau Commander to hold a hearing and render a decision, the involved employee shall have the same appeal rights as stipulated in General Order 500.00.

3. It shall be the responsibility of the Internal Affairs Division to identify which upcoming disciplinary hearings meet the criteria stipulated in General Order 508.00(B). If it is discovered during a disciplinary hearing held by a Bureau Commander that the employee’s alleged conduct involves the criteria stipulated in General Order 508.00(B), the Bureau Commander shall not render a disciplinary decision at the conclusion of the hearing. Afterwards, the Bureau Commander shall make a disciplinary recommendation on a Disciplinary Recommendation Form, and the Internal Affairs Division shall follow the procedures stipulated in General Order 508.00(B)(1-2). If the Chief of Police subsequently chooses not to hold a disciplinary hearing, the disciplinary decision shall be determined by the Bureau Commander who originally convened a hearing with the involved employee. As a hearing has already been held by the Bureau Commander, a disciplinary decision may be rendered without convening a second hearing. 

C. The Chief of Police may order any and all tests, examinations, and procedures he deems necessary to preserve the integrity of the Department.

When a Control Number Investigation complaint is sustained:

A. The Commander of the Internal Affairs Division will cause the accused employee to come to the Internal Affairs Division to review the completed investigation. The employee is required to document the review and complete an Employee Response Document.

1. The accused employee is entitled to have legal counsel present.

2. The Internal Affairs Division shall provide one copy of the investigation to the accused employee after the Employee Response Document is completed.

B. The Commander of the Internal Affairs Division will ensure the employee’s chain of command reviews the completed investigation and completes a Disciplinary Recommendation Form. The Commander of the Internal Affairs Division may either:

1. Forward a copy of the completed investigation and a Disciplinary Recommendation Form to the Organization Commander and chain of command where the employee was assigned at the time of the incident, or

2. Notify and schedule the employee’s chain of command where the employee was assigned at the time of the incident to report to the Internal Affairs Division to review the completed investigation.

C. Each supervisory level will make its recommendation on a Disciplinary Recommendation Form, beginning with the first-level supervisor (sergeant or above). If the employee subject to disciplinary action is on Probationary Status, this fact will be noted on the Disciplinary Recommendation Form to ensure that the employee’s chain- of-command is aware of the employee’s Probationary Status. The form will be forwarded to the Division/Organizational Commander level through the chain-of-command, with each level making a recommendation. No supervisor who is a subject of the investigation will participate in the recommendation process.

D. If any additional information is required in order for any supervisor to make a recommendation, he or she will direct this request to the Internal Affairs Division Commander. The complainant, witnesses, Legal Services Section, etc., will not be contacted.

E. The employee’s chain of command will notify the employee by departmental email they have reviewed the investigation and forwarded it to the next level of supervision. They will inform the employee of their disciplinary recommendation. Each supervisor will note in the supervisor's comment section of the Disciplinary Recommendation form the following information:

1. The date the employee was notified.

2. Any other information the supervisor believes to be relevant.

The supervisor will then forward the Disciplinary Recommendation Form through the chain-of-command. Each supervisory level, after the initial supervisor, will send an email to the employee notifying the employee that the investigation has been reviewed and sent to the next supervisory level for review.

F. Once the Division/Organizational Commander has made his or her recommendation, the employee’s supervisor will advise the employee of all disciplinary recommendations and will document this meeting on the bottom of the form. The Disciplinary Recommendation form and the Internal Affairs Division’s written investigation will be returned to the Internal Affairs Division.

G. If the recommendation is a Written Reprimand or below, a briefing or hearing may be held with an Assistant Chief/Assistant Director to determine disciplinary action. If the Assistant Chief/Assistant Director determines that the employee will be issued summary discipline as the result of an Internal Affairs investigation, that discipline may not be appealed to the Summary Discipline Appeals Board. If the Assistant Chief/Assistant Director determines that the employee will be issued a Written Reprimand that discipline may be appealed using the guidelines outlined in General Order Section 511.06.

H. If the recommendation is for a Suspension, a hearing with the employee will be held with an Assistant Chief/Assistant Director. If the Assistant Chief/Assistant Director determines that the employee will be suspended, the employee may appeal using the guidelines outlined in General Order Section 511.05.

I. If the recommendation is for Demotion or Discharge, the investigation will be forwarded through the employee’s chain of command for his or her recommendation to the Assistant Chief/Assistant Director in the employee’s chain of command. An Assistant Chief/Assistant Director will hold a hearing with the employee. If following the hearing, the Assistant Chief/Assistant Director does not agree with the recommendation of Demotion or Discharge, the Assistant Chief/Assistant Director will determine discipline for the employee and the employee will follow appeal procedures using guidelines in General Order Section 511.06. If the Assistant Chief/Assistant Director agrees with the recommendation of Demotion or Discharge, a hearing will be held with the Chief of Police and the involved employee. If the Chief of Police does not agree with Demotion or Discharge, he will then determine discipline for the employee and the employee will follow appeal procedures outlined in General Order Section 511.06. If the Chief of Police demotes or discharges the employee, the employee will follow appeal procedures outlined in General Order Section 511.06.

A. There are two main categories of discipline: Summary and Formal. The following is a scale of progressive corrective action to be used by the Department.

1. Summary Discipline:

a. Advice and Instruction - Informal advice or instruction on how to better perform a job duty and which requires a change in behavior. Documented in a memorandum to the employee. Original given to employee, copy to employee's personnel file and copy attached to BlueTeam entry and forwarded to Internal Affairs via Program Administrator.

b. Documented Counseling - Counseling requiring a change in behavior. Documented in a memorandum to the employee. Original given to employee, copy to employee's personnel file and copy attached to BlueTeam entry and forwarded to Internal Affairs via Program Administrator.

c. Supervisor's Report of Correction - Supervisor's formal means of documenting minor violations and required behavior change. Documented in a memorandum to the employee. Original given to employee, copy to employee's personnel file and copy attached to BlueTeam entry and forwarded to Internal Affairs via Program Administrator.

2. Formal Discipline:

a. Written Reprimand - Formal Letter of Reprimand from a Division/Organizational Commander to the employee issued at the direction of an Assistant Chief/Assistant Director.

b. Suspension Without Pay - Definite suspension of one or more working days. Suspensions may not exceed 45 working days, in accordance with City of Dallas Personnel Rules, Section 34-37.

c. Demotion - Permanent reduction in rank or reduction in rank for a definite period of time.

d. Discharge - Termination of employment.

B. Training or change in assignment may be coupled with the above when in the best interest of the Department. These actions will not be considered corrective action and will not be reflected on the employee's resume.

A discipline matrix aims to develop consistency in discipline and reduce perceived disparity. Matrixes provide minimum discipline guidelines on sustained violations and can be enhanced based on the totality of the circumstances. The following discipline matrixes will be used when applicable to the sustained violations of the employees.

A. Court Sign In/Out Violations

1. If the investigation finds the employee failed to sign in and/or out of court the following discipline matrix will be used:

​First Violation:	​Advice and Instruction
​Second Violation:	​Documented Counseling
​Third Violation:	Supervisor’s Report
​Fourth Violation:	Written Reprimand
​Fifth & Subsequent Violations:	Suspension, Demotion, or Discharge

2. A period of twelve (12) months, beginning at the date of the violation or infraction, will be used in determining the appropriate discipline.

B. Off-Duty Employment Violations

1. If an audit or investigation finds the employee failed to comply with the off-duty employment policy (421.00), the following discipline matrix will be used:

​First Violation:	​Advice and Instruction
​Second Violation:	​Documented Counseling
​Third Violation:	Supervisor’s Report
​Fourth Violation:	Written Reprimand
​Fifth & Subsequent Violations:	Suspension, Demotion, or Discharge

2. A period of twelve (12) months, beginning at the date of the violation or infraction, will be used in determining the appropriate discipline.

C. Court Failure to Appear Violations

1. If the investigation finds the employee failed to appear for court the following discipline matrix will be used:

​First Violation:	​Advice and Instruction
​Second Violation:	​Documented Counseling
​Third Violation:	Supervisor’s Report
​Fourth Violation:	Written Reprimand
​Fifth & Subsequent Violations:	Suspension, Demotion, or Discharge

2. A period of twenty-four (24) months, beginning at the date of the violation or infraction, will be used in determining the appropriate discipline.

D. DVR/ BWC Violations

1. If the investigation finds the body camera, DVR, or body microphone did not work and the officer failed to document the incident and report it to supervisor, or the officer failed to document it was not activated or turned off inadvertently in an offense/arrest report, supplement, or miscellaneous incident report (MIR), the following discipline matrix will be used:

​First Violation:	​Advice and Instruction
​Second Violation:	​Documented Counseling
​Third Violation:	Supervisor’s Report
​Fourth Violation:	Written Reprimand
​Fifth & Subsequent Violations:	Suspension, Demotion, or Discharge

2. A period of twenty-four (24) months, beginning at the date of the violation or infraction, will be used in determining the appropriate discipline.

3. If the investigation finds that the officer intentionally/inappropriately turned off, failed to turn on, or interfered with a recording in order to conceal or commit a violation of department policy, or any law, the recommendation of discipline to the Chief of Police will not be required to follow the matrix.

E. Sick Leave Policy Violations

1. If the investigation finds the employee violated the department policy for undocumented sick leave incidents, the following discipline matrix will be used:

​First Violation:	Written Reprimand
​Second Violation:	​One (1) Day Suspension
​Third Violation:	Three (3) Day Suspension
​Fourth Violation:	Suspension, Demotion, or Discharge

2. Discipline will be assessed for instances of undocumented sick leave in excess of six incidents and/or fifteen days in each six-month period: January 1 to June 30 and July 1 to December 31.

3. Physician’s Statements for verification of sick leave must be submitted to employee’s supervisor within 48 hours of the employee’s return to duty.

4. A period of twenty-four (24) months, beginning at the date of the violation or infraction, will be used in determining the appropriate discipline.

F. BlueTeam Account and Reporting Violations

1. If the investigation finds the employee violated any of the rules codified in General Order 202.15, “Requirement to Access BlueTeam Account Daily,” the following disciplinary matrix will be used:

​First Violation:	​Verbal Training and/or Coaching
​Second Violation:	​Advice and Instruction
​Third Violation:	Documented Counseling
​Fourth Violation:	Supervisor’s Report
​Fifth Violation:	Written Reprimand
​Sixth Violation:	​Suspension
​Seventh & Subsequent Violations:	​Suspension, Demotion, or Discharge

2. A period of twenty-four (24) months, beginning at the date of the violation or infraction, will be used in determining the appropriate discipline.

3. When a supervisor conducts “Verbal Training and/or Coaching” with an employee on the first violation, the coaching/training session shall be documented via email to the employee and a higher-ranking supervisor in the supervisor’s chain of command.

4. If an investigation finds that the employee intentionally failed to complete or review a BlueTeam report in order to conceal and/or delay the submission of evidence to any administrative, civil, or criminal investigation, then this disciplinary matrix shall not apply.

5. This disciplinary matrix does not apply to Division Referral investigations assigned within BlueTeam.

6. Employees that accept sustained allegations resulting in Summary Discipline up to and including a Supervisor’s Report, from the preceding matrixes, can choose to have their discipline expedited.

7. In summary discipline incidents that the employee requests to have expedited, a request for control number does not need to be generated. The summary discipline will be issued to the employee given by approval of the Deputy Chief of the employee's division.

8. Summary Discipline will be documented in a memorandum to the employee. The original memorandum will be given to the employee, a copy will be placed in the employee's personnel file, a copy attached to the BlueTeam entry, and forwarded to Internal Affairs via Program Administrator.

9. Incidents that may result in a Written Reprimand, Suspension, Demotion, or Discharge will refer to General Order

511.00 for proper procedures and a Request for Control number must be generated,

10. In incidents that result in a Written Reprimand or Suspension, discipline will be issued to the employee by their Bureau Commander.

11. Employees will still have their right to appeal their discipline per General Order 511.00.

G. Motor Vehicle Stop Data Entry Violations

1. If the investigation finds the employee violated any of the rules codified in General Order 432.00, Biased Policing and Racial Profiling, the following disciplinary matrix will be used:

First Violation:	​Verbal Training and/or Coaching
​Second Violation:	​Advice and Instruction
​Third Violation:	Documented Counseling
​Fourth Violation:	Supervisor’s Report
​Fifth Violation:	Written Reprimand
​Sixth Violation:	​Suspension
​Seventh & Subsequent Violations:	​Suspension, Demotion, or Discharge

2. A period of twenty-four (24) months, beginning at the date of the violation or infraction, will be used in determining the appropriate discipline.

3. When a supervisor conducts “Verbal Training and/or Coaching” with an employee on the first violation, the coaching/training session shall be documented via email to the employee and a higher-ranking supervisor in the supervisor’s chain of command.

4. If an investigation finds that the employee intentionally failed to complete the Traffic Data Input in order to conceal and/or delay the submission of evidence to any administrative, civil, or criminal investigation, then this disciplinary matrix shall not apply.

5. This disciplinary matrix does not apply to Division Referral investigations assigned within BlueTeam.

6. Employees that accept sustained allegations resulting in Summary Discipline up to and including a Supervisor’s Report, from the preceding matrixes, can choose to have their discipline expedited.

7. In summary discipline incidents that the employee requests to have expedited, a request for control number does not need to be generated. The summary discipline will be issued to the employee given by approval of the Deputy Chief of the employee's division.

8. Summary Discipline will be documented in a memorandum to the employee. The original memorandum will be given to the employee, a copy will be placed in the employee's personnel file, a copy attached to the BlueTeam entry, and forwarded to Internal Affairs via Program Administrator.

9. Incidents that may result in a Written Reprimand, Suspension, Demotion, or Discharge will refer to General Order

511.00 for proper procedures and a Request for Control number must be generated,

10. In incidents that result in a Written Reprimand or Suspension, discipline will be issued to the employee by their Bureau Commander.

11. Employees will still have their right to appeal their discipline per General Order 511.00.

A. Summary discipline provides immediate disciplinary action against employees who fail to conform to certain departmental standards of conduct and appearance. Summary discipline may be initiated by any supervisor and is imposed within the employee's chain-of-command by Advice and Instruction, Documented Counseling, or a Supervisor's Report of Correction

B. An Advice and Instruction, a Documented Counseling, or a Supervisor’s Report of Correction will be documented by the supervisor in a memorandum to the employee. It will be routed through the employee's chain-of-command for review and approval by the Section or Division Commander. A supervisor will sign and issue the discipline to the employee. Upon receiving the discipline memorandum, the employee shall acknowledge receipt by signing and documenting the date in the space provided for the employee. A copy of the discipline memorandum shall be given to the employee, and the original shall be placed in the employee’s unit file. A BlueTeam entry for Summary Discipline will be made with the discipline scanned and attached. The BlueTeam entry and a scanned copy of the discipline will be sent through the chain of command to the Internal Affairs Division via the BlueTeam Program Administrator. The Internal Affairs Division will assign a tracking number and file the copy in the Employee’s Summary Discipline file. Documentation will also be entered into the Internal Affairs Database. The discipline memorandum will contain the following:

1. The subject line will state the level of summary discipline being issued.

2. The body of the document will give a brief description of the incident.

3. A specific rule violation shall be cited.

4. It will provide notice of applicable appeal rights.

5. It will end with a space for employee to sign and date when it was received.

C. Action under this section will not bar a recommendation for a more severe penalty by higher authority when it is felt that summary discipline is inappropriate.

D. The imposition of any discipline greater than summary discipline listed above requires a Control Number Investigation.

E. Summary discipline is not deemed complete until it has been reviewed by higher authority.

A. Should an employee wish to appeal their Summary Discipline approved by the Section or Division Commander, he or she will have ten (10) working days to make a written request for review to the affected Bureau Commander, through their Group Commander. The Group Commander will review the summary discipline and related documents and make a written recommendation in a timely manner to the Bureau Commander. If no Deputy Chief exists in the employee’s organizational structure, the written request for review shall be made directly to the affected Bureau Commander.

1. The Bureau Commander will conduct a personal interview with the employee. During the course of the interview, the Bureau Commander will examine the circumstances and the appropriateness of the discipline imposed, as well as the consistency with previously imposed summary discipline.

a. If satisfied that the discipline imposed showed no disparate treatment, the Bureau Commander will sign the written discipline, indicating his or her concurrence.

b. If not satisfied, the Bureau Commander will take the action he or she deems appropriate.

2. The Bureau Commander will inform the employee of his or her decision, via memorandum, within ten (10) working days of the interview. A copy of this memorandum will be forwarded to the Internal Affairs Division Commander.

3. Should the employee disagree with the decision of the Bureau Commander, the individual may appeal the decision to the Summary Discipline Appeals Board.

4. Summary Discipline issued as a result of an Internal Affairs investigation is not appealable.

B. Summary Discipline Appeals Board

1. The Chief of Police, or an Executive Assistant Chief designated by the Chief of Police, will appoint a board comprised of two chief-level officers and one Major level officer to review appeals of Documented Counseling and Supervisor's Reports issued to employees. Summary Discipline Appeals Board assignments will be for one year (January 1 through December 31). A board chair and alternate will be designated.

2. No member of the board will be in the appellant's chain-of-command.

3. An employee wishing to appeal the decision of the Bureau Commander will have ten (10) working days from the date of notice of the Bureau Commander's decision to make a written notice of appeal to the Commander of the Internal Affairs Division. The notice of appeal will include the reasons why the employee is appealing the action. After receipt of the written notice of appeal, the Internal Affairs Division Commander will forward the appeal to the current chairperson of the Summary Discipline Appeals Board.

4. The employee will be notified in writing of the receipt of this request for review by the current chairperson of the Summary Discipline Appeals Board.

5. The board will review the summary discipline and related documents and make a written recommendation to the Chief of Police, or designated Executive Assistant Chief, to uphold, modify, or reverse the discipline. The decision of the Chief of Police or designated Executive Assistant Chief will be final. This decision will be forwarded to the Internal Affairs Division Commander.

6. The board will not hear any appeal of a Documented Counseling or Supervisor's Report of Correction issued at the direction of an Assistant Chief/Assistant Director following the final classification of a sustained complaint in an Internal Affairs investigation.

A. All summary discipline memos will be forwarded to the Internal Affairs Division via BlueTeam to be included in the employee's Concise Report. A copy of the summary discipline memo will be placed in the employee's unit file.

B. Absent subsequent similar disciplinary action, summary discipline memos will be removed from an employee's unit file three years from the date of issue. (This pertains to written Summary Discipline imposed following a Supervisory Review or as the result of a Control Number Investigation.) If subsequent similar discipline is imposed, the original summary discipline memo will not be removed until three years from the date of the subsequent discipline. It will be the responsibility of the employee's Bureau Commander to note if the summary discipline reports should be maintained past the three-year period.

A. When the recommended disciplinary action is a Written Reprimand, the Internal Affairs Division will prepare a Letter of Reprimand. It will be addressed to the employee and contain the following information:

1. A brief description of the incident involving the employee.

2. The specific rule violated.

3. The authority in which it is issued.

4. The employee’s right to appeal.

B. The letter will be routed back to the employee's commander who will issue it to the employee. Upon receiving a Written Reprimand, the employee will acknowledge receipt by signing one copy, which will be sent to the Internal Affairs Division. The original of the letter will be given to the employee, and a copy will be put in the employee's unit file.

A. Communication of Disciplinary Action

1. With any investigation conducted by the Internal Affairs Division, the Assistant Chief/Assistant Director may at his/her discretion conduct a hearing with the employee. If no hearing is conducted and the Assistant Chief/Assistant Director’s order for disciplinary action is for a Written Reprimand, the Assistant Chief/Assistant Director may personally communicate the disciplinary action or designate the responsibility to any Deputy Chief or Organizational Commander in the employee’s chain-of-command.

2. When the Chief of Police’s decision is for Discharge, the Chief of Police or Acting Chief of Police will personally conduct a hearing with the employee. The Chief of Police may personally communicate the disciplinary action or designate the responsibility to any Assistant Chief.

B. If the Chief of Police decides on an action of Demotion or Discharge or if an Assistant Chief/Assistant Director decides on an action of a definite Suspension, the Chief of Police, or an Assistant Chief/Assistant Director will:

1. Establish a date and time for the hearing. The employee's chain-of-command and a member of the Internal Affairs Division will be present.

2. At the hearing, review the case with the employee's chain-of-command to determine if any new information has been developed to alter any recommendations.

3. Allow the employee to give any information or mitigating circumstances not brought out in the investigation.

4. Inform the employee of the corrective action to be taken.

C. If issues are raised in the hearing of sufficient weight to require review of the corrective action originally decided, the hearing officer will postpone administration of corrective action until the new information is reviewed.

D. When an employee is suspended or relieved from duty, the immediate supervisor (or in his or her absence any supervisor in the chain-of-command) will collect the employee's credentials. For a uniformed employee this will include the cap and breast badges, warrant of appointment, identification card, and any city-issued weapon. The supervisor will secure the credentials and issued weapon until the employee returns to duty. The suspended employee will be given a suspension order prepared by the hearing officer. For a sworn officer, this order will state that the suspended officer is not to carry the police badge, identification card, or warrant of appointment, and is not to perform law enforcement duties. The order will also prohibit the officer from carrying any type of handgun until reinstated, except as permitted under the Texas Penal Code.

E. If the employee is discharged, the immediate supervisor will:

1. Collect all issued badges, the identification card, warrant of appointment, and any issued weapon in the officer's possession.

2. Provide the individual with an Employee Termination Checklist (available from the Personnel and Development Division) to ensure all city-issued property and equipment is turned over to the Quartermaster Unit.

A. Employees Who Have Completed Their Probationary Period

1. Written Reprimand Appeal

a. Upon written notification from the Assistant Chief/Assistant Director of a Written Reprimand, an employee will have ten working days to exercise the right of appeal by submitting a written request for an appeal hearing to the Executive Assistant Chief of Police in his or her chain of command. This written request must be submitted through the Internal Affairs Division Commander. The Internal Affairs Division will coordinate all appeal procedures for Written Reprimands.

b. If the Executive Assistant Chief upholds the Written Reprimand, the employee will have ten working days to exercise the right to a second level of appeal by submitting a written request for an appeal hearing to the Chief of Police. The decision made at the second level for a Written Reprimand by the Chief of Police is non-appealable.

c. If the Chief of Police issues a written reprimand, an employee will have ten (10) working days to exercise the right to appeal by submitting a written request for an appeal hearing to the Assistant City Manager. This written appeal must request a hearing before the Assistant City Manager in care of the Human Resources Director, 1500 Marilla, Room 6-A-N. The decision made by the Assistant City Manager is non- appealable

2. Suspension Appeal

a. Upon receipt of written notification from an Assistant Chief/Assistant Director of a definite Suspension, an employee will have ten working days to exercise the right of appeal by submitting a written request for appeal to the Chief of Police. This written request must be submitted through the Internal Affairs Division Commander. The Internal Affairs Division will coordinate all first level appeals of a Suspension.

b. If the Chief of Police upholds a Suspension, an employee will have ten (10) working days to exercise the right to a second level of appeal by submitting a written request for an appeal hearing to the Assistant City Manager. This written appeal must request a hearing before the Assistant City Manager in care of the Human Resources Director, 1500 Marilla, Room 6-A-N. The decision made at this second level is non- appealable.

c. If the Chief of Police issues a suspension, an employee will have ten (10) working days to exercise the right to appeal by submitting a written request for an appeal hearing to the Assistant City Manager. This written appeal must request a hearing before the Assistant City Manager in care of the Human Resources Director, 1500 Marilla, Room 6-A-N. The decision made by the Assistant City Manager is non-appealable.

3. Demotion or Discharge Appeal

a. Upon receipt of written notification from the Chief of Police of a Discharge or Demotion in a Civil Service rank, an employee will have ten (10) working days to exercise the right of appeal by submitting a written request for an appeal to the City Manager. This written appeal must request a hearing before the City Manager in care of the Human Resources Director, 1500 Marilla, Room 6-A-N.

b. If the City Manager or designee upholds a Discharge or Demotion, the employee may appeal to a Civil Service Trial Board or to an Administrative Law Judge by submitting a written request for appeal to the Secretary of the Civil Service Board within ten (10) working days of the date the employee received notice of the City Manager’s decision.

B. Employees Who Have Not Completed Their Probationary Period

1. Probationary employees have no right of appeal for any Discharge or corrective action taken by the Chief of Police.

2. Probationary employees, including those holding the position of Apprentice Police Officer or Probationary Police Officer, may be discharged from employment at any time within the probationary period. Such employees have no right of appeal under the provisions of the Civil Service Board Code of Rules and Regulations, but must be informed that they have failed probation. The decision of the Chief of Police will be final in these cases.

C. As prescribed by Chapter XVI, Section 10, of the Charter of the City of Dallas, no promotion of any member of the Department will be deemed complete until a period of six months will have elapsed following said promotion. At any time during this six month probationary period, the Chief of Police may rescind the promotion.

During the course of Departmental operations, it may become necessary to place employees on Administrative Leave/Restricted Duty for their welfare or the welfare of the Department. In determining if an employee should be placed on Administrative Leave/Restricted Duty, a supervisor will consider both the needs and effect on the employee, as well as the public trust in the Department.

A. Only supervisors the rank of Lieutenant, Major or above will place an employee on Administrative Leave/Restricted Duty. The approval must be given by a member of the employee's chain-of-command ( Major or above) or the Duty Commander. The approval may be verbal or written and will be included in the Administrative Leave/Restricted Duty letter.

B. If one of the following conditions occurs, the Commander will place the employee on Administrative Leave/Restricted Duty when:

1. The employee is filed on for a criminal offense classified as a Class B misdemeanor or above.

2. A warrant has been issued for a criminal offense classified as a Class B misdemeanor or above.

3. The employee has been indicted by a Grand Jury.

4. The employee's presence causes or may cause unnecessary disruption in the work place.

5. The employee's mental capabilities are impaired due to injury, illness, alcohol abuse, drug abuse, or emotional distress.

6. The employee is issued a Class C citation for theft, assault, or other breach of the peace.

7. The employee is taken into custodial arrest.

8. It is the decision of the Chief of Police.

C. A letter advising the employee of placement on Administrative Leave/Restricted Duty status will be prepared. The letter will be addressed to the employee, signed by the supervisor, and contain specific statements relative to the employee's conduct while on Administrative Leave/Restricted Duty.

1. If placed on Administrative Leave, the employee will be instructed to remain at home and be available between the hours of 8:00 a.m. - 5:00 p.m., Monday through Friday, and to notify an Internal Affairs supervisor by telephone and obtain permission prior to leaving the residence for any reason during those hours. The employee will also be required to notify their chain of command and ensure that the appropriate entry into the payroll system is made. The Internal Affairs Supervisor will also notify the employee’s chain of command when the employee is given permission to use discretionary time to ensure the appropriate entries are entered into the payroll system.

2. The employee will remain on Administrative Leave until notified otherwise by a supervisor in the chain-of- command. When the employee receives a subpoena to appear in court, the Division Commander or designate must notify the District Attorney’s office, who will determine if the employee will be allowed to testify in any criminal proceeding.

3. The employee will be advised that any violation of the order will subject the individual to additional investigation and may be a basis for disciplinary action.

4. A sworn employee placed on Administrative Leave will be instructed not to carry the issued badge, identification card, or warrant of appointment, and not to be armed or perform law enforcement duties.

5. If placed on Restricted Duty, the employee will be instructed where the restricted duty assignment will be and any restrictions associated with the assignment. While on restricted duty, the employee will not be in uniform, will have limited contact with the public and will not be allowed to perform any law enforcement duties away from the restricted duty assignment.

D. If placed on Administrative Leave, the supervisor will take possession of the employee's city issued weapons, taser, badge, identification card, and warrant of appointment.

1. Employees placed on Administrative Leave for reasons outlined in General Order Section 513.00 B1-8, will return all other city issued equipment to the Quartermaster within 2 business days of being placed on Administrative Leave. Employees arrested will be required to return all other city issued equipment within 2 business days from being released from detention/jail.

2. The employee’s immediate supervisor will be responsible for ensuring the employee returns all city issued equipment to the Quartermaster. The immediate supervisor will verify with the Quartermaster that all equipment has been returned by the employee.

E. When being placed on or released from Administrative Leave/Restricted Duty, the employee will acknowledge receipt of the document by signing, dating, and writing the time received on a copy of the document.

F. A copy of the Administrative Leave/Restricted Duty letter will be forwarded to the employee's Assistant Chief/Assistant Director and the Internal Affairs Division. If the employee or unit reports directly to the Chief of Police, the copy will be forwarded to the Assistant Chief, Office of the Chief of Police.

G. When being removed from Administrative Leave/Restricted Duty status, a letter will be prepared to advise an employee of being released from Administrative Leave/Restricted Duty. A copy of the release letter will be forwarded to the employee’s Assistant Chief/Assistant Director and the Internal Affairs Division.

H. The employee’s Assistant Chief/Assistant Director will review the circumstances and determine if the Administrative Leave will be continued. The employee’s Assistant Chief/Assistant Director will have the option to alter the Administrative Leave to placement in an administrative position. If the employee is placed in a restricted duty position, the employee’s Assistant Chief/Assistant Director will decide if the employee's credentials and/or weapons will be returned.

I. Officers involved in police shootings or discharges will be placed on Special Assignment in accordance with General Order Section 317.00.

A. TCOLE requires notification within 30 days whenever an officer is arrested, charged, indicted, or convicted of a criminal offense for which confinement may be punishment (any offense above a Class C Misdemeanor or for any Class C Misdemeanor involving the duties and responsibilities of office or family violence).

B. All personnel are responsible for notifying the Internal Affairs Division when any DPD Officer is arrested, charged, indicted or convicted of a criminal offense, Class B Misdemeanor or above.

C. The Internal Affairs Division will be responsible for sending out notification to TCOLE.

A. TCOLE requires officers to make notification in writing within 30 days when they are arrested, charged, indicted, or convicted of a criminal offense above a Class C Misdemeanor or any Class C Misdemeanor involving the duties of office or family violence.

B. The notification must include the name of the arresting agency, the style, court, and cause number of the charge or indictment.

C. Officers are also required to notify TCOLE of:

(1) any name change

(2) a permanent mailing address other than an agency address

(3) all subsequent address changes

(4) the final disposition of the criminal action

D. Failure to comply with the provision as outlined in Chapter 211, Rule 211.27, of the Texas Administrative Code will result in the officer being reprimanded by TCOLE. The reprimand will become a permanent record in the officer’s file. Two or more reprimands may result in the suspension of the officer’s TCOLE certification.

A. The Chief of Police will be notified either by e-mail or phone of any critical incident involving Departmental personnel including, but not limited to, all arrests or criminal charges brought against any employee of the Dallas Police Department. This notification will be made by the Duty Commander or any Command level personnel with knowledge of the incident.

1. This notification will include all personnel who are placed on Administrative Leave or Restricted Duty as a result of an arrest or critical complaint being investigated by Internal Affairs or Public Integrity.

2. A copy of the Administrative Leave/Restricted Duty List will be provided to the Chief of Police weekly by the Commander of the Internal Affairs Division.

B. The Chief of Police will have access to the Internal Affairs IAPro database. This database provides immediate access to all complaints against the agency or employees.