At the conclusion of an investigation, Internal Affairs submits the completed case file to the Police-Civilian Internal Affairs Review Commission for review. The Commission makes a recommendation for disposition and discipline to the Chief of Police. The Chief may agree with the Commission and take the recommended action. If the Chief disagrees with the Commission's recommendations, the Chief will meet with the Commission Chairperson within five days and seek to agree on final action to be taken on the case. Depending on the facts and the need for immediate administrative action, the Chief of Police may take immediate action himself. In all matters, the Chief of Police is the final decision-making authority.
Once the final disposition has been determined, the Civilian Review Commission will advise the complainant of the case disposition in a letter. The possible dispositions are:
- Unfounded - Allegation is false or not factual
- Not Sustained - Insufficient evidence to prove or disprove the incident
- Exonerated - Incident occurred but it was lawful and proper
- Sustained - Allegation is supported by sufficient evidence to justify reasonable conclusion of guilt
Although a complainant will be informed of the disposition of their complaint and any actions taken against the officer, statements, witness statements, police officer statements and other evidence obtained by Internal Affairs investigators will be classified as Public, Private or Confidential data in accordance to Minnesota Data Privacy Act (Chapter 13) and other State and Federal Laws.
Criminal Investigation of a Police Officer
Where an investigation requires an inquiry into a matter that may be both criminal and a breach of department policy or procedures you will be advised that either course of action may be pursued. If a criminal investigation concerning a police officer is opened, it will be conducted under normal police investigative procedures. The administration will take no action regarding a breach of policy or procedure until the issue of the criminal charges is resolved.