3.02.150 Complaints from the Public

(a) All public complaints involving officers and personnel shall be filed in writing with the Office of Professional Standards at the Tribal Police Department. Once a complaint is received it will be classified as either Internal Affairs, Office of Professional Standards or Human Resources matter. The classification will determine the type of investigation.

(b) The Commission shall be notified of any Internal Affairs matter. The notification shall contain the badge number of the Officer or in the case of Personnel the case number assigned to the matter. It shall not include the details of the complaint. For any complaint investigated under the Office of Professional Standards, the Commission shall be notified only if there is a formal investigation. The notification shall contain the badge number of the Officer or if it involves Personnel the case number assigned to the matter.

(c) The Chief shall provide a monthly report to the Commission with the number of complaints filed, the number of complaints in each category and the status of the complaints. The report shall not discuss the details of any complaint.

(d) Investigations involving excessive use of force shall be immediately reported to the Chairperson of the Police Commission. The Chairperson of the Police Commission, or his/her designee, shall oversee investigations involving excessive use of force. The Chief of Police shall not discuss any ongoing investigation with the Commission, except the Chief of Police may discuss ongoing investigations involving excessive use of force with the Chairperson or his/her designee.

(e) Any investigation involving criminal activities shall be referred to the tribal prosecutor and/or Franklin County District Attorney or other law enforcement agency that is deemed appropriate.

(f) Complaints against the Chief of Police shall be filed with the Commission who shall forward them to Internal Affairs to investigate, if warranted. If an investigation is warranted, the Commission's Chair or his/her designee shall oversee the investigation. If the Commission determines it is necessary, they may appoint an external investigator. The Commission shall notify the complainant in writing of the investigation. Once an investigation is complete, the Commission shall determine whether any disciplinary action needs to be taken and notify the complainant whether the complaint was sustained or unfounded. The process outlined in Section 3.02.130(e) shall apply to disciplinary actions against the Chief of Police.