Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-10-5 - Complaint Filing Procedure5.1. A person may file a complaint with any State Police employee within 12 months of the date of incident. If the complaint falls outside the statute of limitations, the OIC shall review the contents of the complaint, determine the seriousness of the allegations, and decide if an investigation is warranted. Whenever possible, employees receiving complaints shall attempt to refer the complainant to the affected employee's immediate supervisor who shall prepare the Personnel Complaint Form, or directly to the Section. If the immediate supervisor is not available and the complainant does not wish to contact the Section directly, the State Police employee shall take the complaint.5.2. Any employee shall accept all complaints against other employees and complete the Personnel Complaint Form. The employee shall forward the completed form via electronic mail to the Section as soon as possible and mail the original directly to the Section.5.3. The Personnel Complaint Form shall state the name of the involved employee, the date, time, and location of the alleged misconduct, a detailed description of the alleged misconduct, names of witnesses, and the remedy requested by the complainant. The Personnel Complaint Form shall contain a section that advises the complainant that providing false information to the State Police is a violation of W. Va. Code § 15-2-16 and W. Va. Code § 61-5-17(o), and that the State Police may pursue criminal and/or civil sanctions if the investigation determines the complaint or any statements made are without foundation, basis, false, or not factual. The form shall advise the complainant that he or she may be required to testify in court or administrative hearings regarding the complaint.5.4. Any employee who fails to accept, record, and/or forward to the Section any complaint the employee receives is in violation of State Police policy and subject to disciplinary action. Employees receiving complaints are considered to have complied with complaint reporting requirements if the provisions of section 5.5 are met.5.5. Employees receiving complaints shall advise complainants they may file a formal complaint by contacting the Section directly at (304) 746-2110 in lieu of filing the complaint at the local State Police office.5.6. Employees taking complaints shall not make or retain a physical copy of the completed Personnel Complaint Form or any related documents other than those kept in the normal course of business.5.7. Members accepting complaints involving the response to resistance or aggression by a State Police employee where the alleged victim of the response to resistance or aggression is present at the time the complaint is registered, shall take or cause to be taken detailed color photographs of the alleged victim whether or not any visible evidence of physical injury exists if the alleged victim consents to the taking of the photographs.5.8. The OIC shall send a letter to the complainant, if known, acknowledging the complaint has been received for processing. The letter shall include the individual case number assigned to the matter and the name of a person who can relate the status of the investigation. Also, the OIC shall notify the employee, in writing, concerning the nature of the complaint, its status, and if any investigation is forthcoming as soon as a determination of the necessary scope of the investigation is complete. There is no duty under this section to notify an employee or complainant if the notification would hinder or jeopardize any investigation of the complaint. The OIC shall advise investigators regarding procedures for investigations, reviewing case files for completeness, and forwarding case files through the proper chain of command to the Superintendent for final review. The OIC shall send closing letters to all concerned parties upon completion of each investigation.5.9. Complaints involving the Americans with Disabilities Act, Age Discrimination in Employment Act, or the Civil Rights Act, shall be acted upon in collaboration with the State Police Equal Employment Opportunity Counselor.