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. Afteran 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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- Copyright 2007, Office of the Boise City Ombudsman. All Rights Reserved -