Town of Silverthorne, CO
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Complainant Rights and Responsibilities
In an Internal Affairs Investigations, a complainant has the following rights and responsibilities. Individuals wishing to comment on or complain about the conduct of Agency employees will be treated with respect and professionalism. The Chief of Police makes the final decision on findings in administrative investigations.
- The right to have one representative of the complainant’s choice present while being interviewed during the investigation. The representative’s role shall be restricted to that of an advisor to the complainant, and not as a participant in the questioning and/or investigation.
- Complainant interviews shall be scheduled at the mutual convenience of the Agency and the complainant, and not necessarily at the convenience of the complainant’s representative, if any.
- Interviews shall be conducted at a reasonable hour, unless the seriousness of the investigation requires immediate action.
- The duration of the complainant’s interview shall be for a reasonable period of time and shall allow for reasonable personal necessities and rest periods.
- The complainant has the right to a copy of his or her statement.
- The complainant has the right to notification of the findings of an investigation.
- The investigation will include one of the following findings:
- Sustained: The allegation is supported by sufficient evidence establishing that the employee violated one or more Agency policy, procedure, or training.
- Not sustained: There is insufficient evidence to prove or disprove the allegation.
- Exonerated: The incident occurred, but the employee's behavior did not violate any Agency policy, procedure, or training.
- Unfounded: The allegation was false or not factual, or the employee was not involved.
- Policy Failure - The Officer adhered to the policy of the Department, but the policy, given the totality of the circumstances, was defective or did not address the specific circumstance.