Complaint of Misconduct Investigation Policy
TOWN OF NORTHFIELD, NEW HAMPSHIRE
POLICY ON INVESTIGATIONS OF COMPLAINT OF MISCONDUCT
SECTION I: PURPOSE
The purpose of this policy is to ensure that all citizens are afforded an opportunity to have alleged employee misconduct reviewed in accordance with existing policies, rules, and regulations, ensures that proper corrective action is taken when necessary, and protects employees from unwarranted criticism.
SECTION II: GENERAL POLICIES
A. All complaints against town employees will be addressed through an impartial investigation in a prompt and positive manner.
B. Complaints shall be received by the supervisor of the employee who is the subject of the complaint. A supervisor receiving a complaint shall immediately notify his/her Department Head. In the event that the supervisor is unavailable the Department Head shall receive the complaint.
C. Department Heads and supervisory personnel are responsible for investigating and resolving complaints in each department. Complaints against Department Heads shall be handled and dispositioned by the Board of Selectmen.
D. Complaints shall be accepted only in writing.
E. If the person receiving the complaint determines that the complaint is based on a lack of information or understanding on the complainant’s part, or the complainant is agreeable, the matter may be resolved “informally” by meeting with the parties involved.
SECTION III: INVESTIGATIVE STANDARDS
All complaints shall be investigated as thoroughly and expeditiously, regardless of severity. Whenever possible, investigations shall be completed within seven (7) working days of the date the complaint was received.
Unless the complainant requests “no contact”, the investigator should contact the complainant within twenty-four (24) hours to inform the complainant that their concern is being looked into.
All investigations shall adhere to the following minimum guidelines :
A. Upon initial contact with complainant, the investigator shall inform him/her of their name, title and how they relate to the area of concern.
B. Explain to the complainant that the Town takes all complaints seriously and will review same completely. Further, explain that the process will be handled administratively in accordance with town policies concerning personnel matters and, as such, the disposition of the complaint and any actions taken in regards to an employee are considered confidential personnel records.
C. Upon hearing the complaint, the investigator shall restate the complaint as he/she understands it to confirm that it is understood appropriately.
D. Attempt to reconcile any discrepancies.
E. Provide the individual(s) being complained about with the substance of the complaint and ask them to provide a response to same in writing, if warranted.
F. After receipt of the written response, interview the individual(s) against whom the complaint was lodged and document what was said.
G. Ask if anything unusual occurred.
H. Discuss/clarify any potential discrepancies.
I. Interview any witnesses.
SECTION IV: DISPOSITION
If the investigator is not a Department Head, he/she shall, after consideration of all information provided, recommend one of the following determinations to the Department Head along with written documentation of his/her actions, stating the facts and including the statements of the employees involved, which shall be attached to the Complaint Record Form.
Dispositions:
• Unfounded - The alleged complaint did not occur.
• Exonerated - The act occurred but was justified, lawful and proper.
• Not Sustained - The investigation produced information which was insufficient to prove or disapprove the allegations.
• Sustained - All or part of the allegations occurred. (A finding of “Sustained” must be based on the existence of substantial fact in support of reasonable proof.)
The Department Head shall decide as to the disposition based on a review of the investigator’s report and recommendation and any other facts which may apply. Disciplinary action, if warranted, will be administered as outlined in Employee Handbook Section X.
The Department Head shall inform the complainant of the disposition within 7 days and notify the Board of Selectmen.
Complainants who are dissatisfied with the decision of the Department Head may file a complaint in writing to the Board of Selectmen
SECTION V: WAIVERS AND EXCEPTIONS
Nothing in this policy shall prohibit the Northfield Police Department from investigating alleged misconduct in a manner consistent with local, state and federal regulations and standard police practices.
The Board of Selectmen may vote to waive any portion of this policy if the Board deems it to be in the best interest of the Town.
SECTION VI: EFFECTIVE DATE
This policy shall be effective upon a vote of the Board.
Adopted by the Northfield Board of Selectmen on this 13th day of October, 2015
Amended by the Northfield Board of Selectmen on this 17th day of November, 2015
Northfield Board of Selectmen
Kevin Waldron, Chair
Wayne Crowley
Robert Southworth