OFFICE OF THE
COMMUNITY OMBUDSMAN


Types of Formal Cases and Process Flow Chart

Appeal

An Appeal can be filed with the ombudsman within 30 days after the complainant has received a response from an investigation conducted by the Boise Police Department and is not satisfied with the results of the investigation.

Upon receipt of an Appeal, the ombudsman reviews the internal investigation conducted by the Boise Police Department and determines whether or not the investigation was complete and thorough.  The ombudsman may issue a finding based on the strength of the department’s own internal investigation or he may conduct an additional investigation and then issue a finding. 
 

Commendation

The ombudsman opens a formal case every time a community member praises the actions of officers in a specific incident.  This type of case is called a Commendation.  The Office of the Community Ombudsman gladly takes these commendations and forwards them to the officer and chief of police.
 

Complaint

The ombudsman opens a case whenever a person complains about the actions of one or more officers.  If the actions being described by a complainant are such that, were they true, they would constitute a violation of either police policy or law, the case is classified as a Complaint.

We do insist that every person who files a complaint with the Office of the Community Ombudsman provides information that he or she believes to be true and accurate.  Intentionally and knowingly providing false information in the filing of a complaint is a serious matter.  It is a breech of trust.  It compromises the integrity of the “community feedback” process we depend on.  It also is unfair to an officer whose professional and personal reputation may be at stake.

Complaints are classified in two ways: Class I and Class II.  This distinction is related to the severity of the misconduct being alleged.  In practice, all complaints receive a thorough and objective investigation and little or no practical distinction is made between the two different classes of complaints.
 

Critical Incident

A Critical Incident is an event that involves the use of deadly force, or an event in which police actions result in death or serious bodily injury. City Ordinance requires that the ombudsman be notified immediately whenever an employee of the Boise City Police Department is involved in a Critical Incident.  When a Critical Incident occurs, the ombudsman has the authority to conduct his own independent administrative investigation into the incident.
 

Inquiry

Inquiries constitute the largest percentage of formal cases.  Inquiries are the name given to a complaint that does not, on its face, contain an allegation of policy or law violation.  Nonetheless, the person contacting the ombudsman is questioning the actions of a Boise law enforcement officer or agency.  As such, the ombudsman is obligated to look into the circumstances underlying the expressed concern or question.  If possible, a satisfactory resolution of the problem is sought. 

Inquiries can be classified in three ways: Service Quality, Policy Question, or Rapid Resolution.

1) A Service Quality Inquiry is any inquiry into the quality of service provided by an officer or the propriety of an officer’s actions.  Includes, but is not limited to, any question of behavior or action taken by an officer in response to a request for service.  This type includes any behavior or action that can be questioned, but does not appear to be a violation of policy, taken at face value.

2) A Policy Question Inquiry is any inquiry into the policy or procedures of the police department.  Including any questions about whether the actions or behavior of an officer were proper policy, procedure, or law.  However, the allegation of specific actions or omissions that, if true, would be a violation of policy or law, should be classified as a Complaint rather than an Inquiry and identified as some other type.

3) A Rapid Resolution Inquiry involves inquiries of a general nature sent to the police department for quick resolution.  It includes any inquiries into the quality of service provided by an officer or the propriety of an officer’s actions that does not appear to be a violation of policy.    It can also include any questions into department policy or procedure that can be better answered by the police department.
 

Other Agency

Occasionally, the ombudsman receives complaints that are outside of his jurisdiction.  If the ombudsman discovers that he does not have jurisdiction over a complaint, either the complainant is directed to contact the correct agency or the ombudsman forwards the complaint to the appropriate agency.  If the ombudsman forwards the complaint, a case is opened and it is classified as Other Agency. 
 

Process
Flow Chart

The Flow Chart shows the process by which each type of case is addressed.  After an investigation, the ombudsman issues findings for all Critical Incidents, Complaints, and Appeals.  Occasionally, recommendations may be issued as a result of the investigation.  All complainant-initiated cases result in a follow-up with the complainant explaining the results of the investigation.  Investigative reports for all Critical Incidents and Complaints can be found under Investigative Reports.
 

 

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