Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-10-7 - Operational Procedures7.1. If an investigation conducted by or at the direction of the Section leads to information indicating that criminal charges could be filed, the investigator shall immediately notify the OIC who shall notify the Superintendent. The Superintendent may authorize a separate criminal investigation to be initiated by a member other than the investigator assigned to the internal investigation. If criminal charges are filed against an employee, the Superintendent may authorize the initiation or continuation of an on-going administrative investigation.7.2. By virtue of W. Va. Code § 15-2-21, the Superintendent has the sole discretion to demote, discharge, and suspend employees from duty. The Superintendent, upon receiving a complaint against an employee or upon otherwise learning of misconduct by an employee, may temporarily relieve the employee from duty pending further investigation, with or without compensation, pursuant to State Police operating policy and procedure. During any administrative leave attendant to an internal investigation, the employee shall surrender his or her State Police identification, and if a member, all badges, State Police issued weapons, or other State Police property in his or her possession or control. Further, members shall be relieved of any police authority during the pendency of any administrative leave.7.3. The investigator, when possible, shall record the complainant's statement on audio and/or video or by handwritten statement signed by the complainant. The investigator shall not summarize or paraphrase interviews of the complainants in lieu of a handwritten or recorded statement. The investigator shall not permit conversations "off the record" unless the subject of the interview agrees and the record reflects when the conversation goes off the record, the purpose for doing so, and the time. Any recordings made pursuant to this section shall become an exhibit included in the case file. The OIC may have the statement transcribed and the transcription shall become a part of the case file.7.4. The investigator, when possible, shall record any witness statements on audio and/or video or by handwritten statement signed by the witness. The investigator shall not summarize or paraphrase interviews of the witnesses in lieu of a recorded or handwritten statement. The recordings, transcriptions, and written statements shall be included in the case file by the investigator. The investigator shall not permit conversations "off the record" unless the subject of the interview agrees and the record reflects when the conversation goes off the record, the purpose for doing so, and the time. Any recordings made pursuant to this section shall become an exhibit included in the case file. The OIC may have the recordings transcribed and the transcription shall become a part of the case file.7.5. Investigators shall gather all physical evidence connected with the case including, but not limited to, photographs, video recordings, audio recordings, reports, logs, drawings, sketches, pertinent records, and other background evidence.7.6. During the internal investigation, the investigator shall avoid making assertions concerning his or her perception of the investigation which may result in the complainant reaching a premature or inappropriate conclusion regarding the final disposition of the matter. Further, the investigator shall not make assertions after having interviewed one principle or faction involved in the allegations.7.7. The investigator shall include in the case file a notation of any instances of poor cooperation on the part of the complainant, the employee who is the subject of the complaint, or any witnesses or other persons interviewed during the internal investigation.7.8. The investigator shall detail in an internal investigation report the facts ascertained during an internal investigation. The OIC shall determine the reporting format and the substance of all forms used pursuant to this rule. The investigator shall state a conclusion of fact for each allegation of misconduct alleged by the complainant or revealed by the investigation from among the following dispositions: 7.8.1. Sustained: The validity of the complaint has been established and proven by a preponderance of the evidence;7.8.2. Not Sustained: The complaint is not established by the evidence and can be neither proven nor disproved by the evidence available;7.8.3. Unfounded: The complaint is without foundation, basis, is false, or not factual;7.8.4. Policy Failure: The allegation is true, and although the action of the member or the employee was not inconsistent with State Police policy, the complainant suffered harm;7.8.5. Exonerated: The incident occurred, but the employee acted lawfully and properly; or7.8.6. Withdrawn: The complaint was withdrawn by the complainant.7.9. The investigator shall submit the investigation report and the remainder of the case file as required by section 3.7 of this rule. Case files, or copies of case files, shall not remain on detachment, district, or troop level except as authorized by the OIC. The OIC shall review the entire case file for content, form, and completeness. The OIC shall formulate recommendations for final disposition of the complaint and forward the case file, with recommendations, to the Superintendent for final disposition.