PA 14-166—SB 55

Judiciary Committee

Public Safety and Security Committee

Appropriations Committee

AN ACT CONCERNING COMPLAINTS THAT ALLEGE MISCONDUCT BY LAW ENFORCEMENT AGENCY PERSONNEL

SUMMARY: This act requires the Police Officer Standards and Training Council (POST) to develop and implement a written policy for the State Police and municipal police departments (collectively, “law enforcement agencies”) on accepting, processing, and investigating public complaints against them alleging misconduct. POST must do so by July 1, 2015. The act specifies several factors that POST must consider in developing the policy.

Under the act, once POST implements its complaint policy, each law enforcement agency must either adopt it or develop and implement its own policy, in consultation with a union representative that represents the agency's members. A policy developed by a law enforcement agency must (1) address the issues that POST must consider in developing its policy and (2) exceed the standards of POST's policy.

The act requires each law enforcement agency, after adopting POST's policy or implementing its own, to make the policy available to the public. The agency must make the policy available (1) at the town hall or another municipal building in the municipality, other than a building where the agency is located, and (2) on the agency's or municipality's website.

EFFECTIVE DATE: July 1, 2014

POST POLICY FOR COMPLAINTS AGAINST POLICE

The act requires POST, in developing the complaint policy for law enforcement agencies, to consider:

1. whether all of an agency's sworn officers and civilian employees must be required to accept complaints alleging misconduct by the agency's law enforcement personnel;

2. the means or processes for accepting public complaints, including those that are anonymous or made on behalf of someone else;

3. the need to require a complainant's sworn statement;

4. protections for a complainant who fears retaliation for filing a complaint;

5. using a standardized form to record complaints;

6. permissible timeframes for complaint filing;

7. protocols to investigate complaints;

8. documentation requirements for complaint receipt and disposition; and

9. the process for informing a known complainant about his or her complaint's disposition.

BACKGROUND

Police Officer Standards and Training Council

POST (1) trains, certifies, and establishes minimum qualifications for municipal police officers and (2) enforces professional standards for certifying and decertifying them.

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