Proposed Complaint Processing ARP-OB-1996 13:35 FROM COLLIER COUNTY ATTORNEY Tn 7754454 P.a2
MEMORANDUM
DATE: April 8, 1996
TO: Diane Flagg, Emergency Services Director
FROM4 Heidi F. Ashton, Assistant County Attorne ye - -•-
SUBJECT: Complaint Processing Proposed by EMSAC
With regard to the proposed complaint processing procedure,
I have the following comments:
1. As per my discussion with you, it is my recommendation
that the Emergency Medical Services Department adopt
these rules as standard operating procedure. However,
where there is a conflict, the County's personnel rules
will prevail. A statement should be made that this
processing of complaints shall be subject to the
Collier County Human Resources Policies and Procedures
Manual.
2. Under Section 8.2.2(a) , please insert the words
"pursuant to Florida Statutes" after the words
"confidential and disclosure".
3. Under Section 8.2.2(d) and Section 8.2.3(c) , there is a
reference to paragraph 8.1.2. There is no 8.1.2 in
this document.
4. Under Sections 8.2.5(b) , 8.2.5(c) and 8.2.11(b) , 1
would replace the words "probable cause" with
"evidence", since probable cause is a term used in
criminal procedure.
5. under Section 8.2.6(c) , all of the language in quotes
should be deleted.
6. The language "upon receiving said report of the direc-
tor, with advice of County legal council" should be
deleted from Section 8.2.9 and placed as the first
paragraph in Section 8.2.10.
7. Section 8.2.10(g) (4) should be deleted and the follow-
ing should be inserted in its place: Pursue discipli-
nary action under the Collier County Human Resources
Policies and Procedures Manual.
RPR-08-1996 13.36 FROM COLLIER COUNTY RTTORNE'Y TO 7754454 P.03
•
Diane Flagg,Emergency Scrvioce Director
Complaint Prvoesting Proposed by HMSAC
Page 2
8. Under Section 8.2.l1(b) , please add at the beginning of
the sentence "subject to the Collier County Human
- Resources Policies and Procedures Manual".
9. Please delete Section 8.2.12(9) since this is already
covered in the ordinance creating the advisory board.
Please call me if you have any further questions or concerns
regarding this matter.
Attachment: Complaint Processing Procedure
hfiettellagg con'1a t prooessiag>aopood
cc: David C. Weigel, County Attorney
Sharon Hanlon, Esquire
•
RPR-0 -1995 13:37 FROM COLLIER COUNTY RTTORNEY TO 7754454 P.04
•
SECTION TIME: COMPLAINT PING
DATE ISSUED: DATE EPPECTIYE:
ABSSDS/RESCINDSt
APPLICABILITY: ALL MEMBERS
•
PURPOSE - The purpose of this Directive is to describe the
procedures for the receipt and investigation of complaintst
against EMS members so the facts in each incident may be
determined and proper dispuaiti.on may be carried out. All
complaints against EMS or members of the EMS shall be r ,
investigated. The complainant may request the EBSAC committee to �.'�
i►eV16*' the ]aunt. if it i;aa ife�t. 'Oat EMS has not '"
satisfactorily responded to the complaint.
8.2. 1 COMPLAINT BASIS: (�r^ I c
A. Any complaint or report of misconduct shall be based on:
1. Articulated and good faith belief in the alleged facts
of misconduct, and
2. Allegations that amount to misconduct of a specific
nature.
B. Mere suspicion or hearsay or rumor are net acceptable bases
for complaint.
C. Complaints which are motivated by malice, resentment or
vengeance, or which are frivolous and without basis in fact,
or which are intended to injure the reputation of one
complained against, may subject the complaining party to
punishment or discipline by the Director or her designee, as .
appropriate.
8.2.2 RECEIPT OF A COMPLAINT; C' ,L+�`�,r-,
Upon receipt of a complaint of alleged m roper cond , or V4 5c,
patient care, on the part of an EMS member, either `from a member 4. v"
of the public ar f em-_enother ENS member, the EMS recipient of �4
tie `comple shal3 t -- -
QP
A. Recognize, as shall all EMS members that any complaint
N against an officer, shall be confidential and disclosure,,
�� , �,4}N prior to completion of the investigation, shall be subject
1-° g , J to EMS disciplinary attien, as wall as, criminal sanctions
(� 6se G� pursuant to Section 112.533(3), FS, constituting a o')' /
APR-0B-1996 13:38 FROM COLLIER COUNTY ATTORNEY' TO 7754454 P.85
V
CHAPTER P-8 SECTION 2, Pte,AL�IE 2 CcSO o!EtiATxglds_MANUAL.
misdemeanor of the first degree.
B. Assure the complainant that he or she will receive a reply
to the complaint in a reasonable time.
C. Upon taking a complaint from a citizen, the EMS member
shall:
1. Initiate an "Allegation of Member Misconduct" report. �^y
2. Issue a "Receipt of Citizen's Complaint" to the
complainant.
3. Deliver the report to the . =s soon as
practical, with copies to the D M or, and to the
EMSAC chairman.
D. Members of the ENS filing a complaint against another member
for alleged misconduct as listed in paragraph 8. 1. 2, shall 45
complete the "Allegation of Member Misconduct" report and vetm
deliver said report to the Battalion Chief where he or she O Sc
shell receive a receipt for the report. V� t
8.2.3 PRELIMINARY PROCEDUR_.1s5:
A. EMS shall receive, through any channel, EMS or otherwise,
complaints regarding alleged misconduct of any member of the
ENS and screen copies of "Allegation of Member Misconduct"
reports.
B. If the complaint is of the type described in paragraph 8. 1.2
of this Directive the following shall apply:
1. A file shall be established and records maintained for
the complaint.
2. Receipt of the complaint shall be acknowledged, as
appropriate.
3. An investigation will be begun at once into the alleged
misconduct.
4. The Director nhall be advised immediately of this
action.
C. v complaint of misconduct is covered by paragraph
8. 1.2, and is determined by the Director to be more
- -riately investigated by a supervisor (bureau level or
above), the aft lion ChiQQ may notify the supervisor of the
0' . v� accused Member to arrange appropriate investigation.
\f, y�C`� 1. The Battalion Chief shall be available as a resource
for the investigating supervisor.
2. The Battalion Chief shall check in ten (le) days to see
that such investigation has been carried out and shall
receive the completed documentation of the
investigation for transmittal to the Director.
8. 2. 4 COMPLAINT STATUS NOTIFICATIONS
CCSO OPERATIONS MANUAL CHAPTER P-8 SECTION-c2 ..PAGE 3
The complainant shall be notified in writing concerning the
fallowing.
A. Receipt of the complaint
B. Complaint status at 30 days after receipt
C. Conclueian and final deterainatien of the investigation by
the Director
8.2.5 CONFIDENTIALITY:
A. ENS shall recognize that Florida Statutes state that all
information obtained pursuant to such a complaint is
confidential until:
1. The conclusion of the investigation, or
2. Until the investigation emcees to be active. (An
investigation is presumed to be inactive if no finding
is made within forty-five (45) days after the complaint
is filed. )
,t,,, r,w 4 r d 6.011016
B. If the invest cation' concludes with a finding of no
probable cams' , a statement to that effect will be signed
by the Director and the assigned Battalion Chiet(ii
applicable) and pouted to the investigative file. The
entire file is then open to public inspection.
C. If the investigation concludes in " e for
discipline' or the filing of charges, a statement to that
effect, including a description of the ordered discipline,
will be signed by the Director and the assigned Battalion
Chief and posted to the investigative file. The entire file
is then open to public inspection.
D, In no instances, shall any member of the EMS or any other
person, except the Director, be informed of the existence of
an active investigation or any 01 the facts ello .
thereby, with the exception of the following paragraph
- E. In any event, the Director a shell be kept adviec-
each investigation and its current status.
E. When interviewing any possible witness, other than the
member(s) accused of the misconduct, the Investigator shall
impreua upon htip or her the confidentiality of the
investigation and that a breach thereof could lead to
aerioua disciplinary action or criminal charges.
8.2. 6 ALLEGATION/INVESTIGATION ACMNOWLEDGEMENTa
A. l #tuber's who are subjects of investigations shall be
notified of such unless it is deemed necessary to maintain
confidentiality because of the sensitivity of the
RPR-03-1995 13:.33 FROM COLLIER COUNTY RTTORNEY TO 7754454 P.07
WA/14./40V VO.VV V& VAV it, V'swv ..M•+ ....� . �n-.... ---
CHAPTER .P-8 SECTION 2, PAGE 4 CCSO OPERATIONS-MANUAL
investigation,
H. Upon notification of an investigation, members shall receive
a written statement of the allegations and the member's
rightu and responsibilities relative to the investigation.
C. When an Investigator interviews any member(s) of the EMS
accused of alleged misconduct the Investigator shall begin
the interview by handing Ruch member(s) a copy of the
following statement and requesting the member(a) to read and
acknowledge in writing receipt of the statement:
"This is an internal, administrative investigation, not selt /
criminal investigation. You will be asked questions
specifically directed, and narrowly related to the
performance of your official duties and fitnesn for office.
You are required to be truthful and answer all questions
honestly, in accordance with EMS Directives. You are
required to give a statement for edmtniatrative purposes. I
further wish to advise you that if you refuse to testify, or
to answer questions honestly, relating to the performance of
your official duties or fitness for duty, you will be
sszublect to departmental charges which could result in your
dismissal from the EMS. "
You are entitled to all the rights and privileges
guaranteed by the laws and the Constitution of this State
and the Conaitution of the United States, including the
right not to be compelled to incriminate yourself.
Therefore, if the scope of this inquiry involves criminal
activity, neither your statements, nor any information or
evidence which in gained by reason of such statements, can
be used against you in any ssaubeequent criminal proceedings.
However, these statements may be used against you in
relation to subsequent departmental charges. '
"This warning should not be construed to address a grant of
immunity, which is solely within the province of the State
Attorney's Office. "
"No member shall, in any manner, interfere with an internal
investigation. Except as authorized or required, a member
shall not contact persona involved in an internal
investigation. According to F. S.S. 112-533, any person,
including the complainant or the officers complained
against, who, discloses or allows to be disclosed, anything
connected with the investigation of the complaint, before it
becomes 'a public record, is guilty of a missdemeaner. "
8.2-8 EVIDENCE COLLECTION:
i
4PR-n2-1'896 13:40 FROM COLLIER COUNTY FTFORNEY TO 7754454 F.09
CCSO OPERATIONS MANUAL CHAPTER P-8, SECTION -24 -PAGE 5
The collection of evidence in regards to the investigation
of members of the ENS shall be conducted in accordance with the
County guidelines.
§.2. 9 REPORT OF INVESTIGATION:
A. The Investigator shall prepare a report containing all the
facts discovered that relate to the alleged misconduct, and
submit said report to the Director.
Upon receiving said report of the Director, with the advice
of County Legal Counsel.
8.2. 10 FINAL DETERMINATION:
The Director may:
A. Consider all the facts contained therein.
B. Confer with congniz nit members of EMS, and or the EMSAc
committee.
C. Confer with the EMS member(a) accused of the alleged
misconduct, with or without additional EMS members present
and with or without making a record of any one or all of
said conferences.
D. At the conclusion of the above, decide the diszponition of
the allegation(a) and indicate his decision, using one of
the following choices as listed on the final disposition
form :
1. Unfounded - The complaint was not based on facts as
shown by the investigation, or the reported incident
did not occur.
2. Exonerated - The incident occurred, but the action
taken by the member(s) wawa deemed lawful and proper.
3. Not sustained - The allegation was supported by
insufficient evidence which could not prove or disprove
the allegation.
4. Sustained - The allegation was supported by sufficient
evidence to justify disciplinary action against the
member(s).
E. The findings of the Director shall be recorded in the file
and signed by the Director. and the Battalion Chief.
F. The file's described above are open to the public when
concluded as described in paragraphs 8.2. 5 - B and C.
G. Upon reaching a decision, the Director, with or without
further consultation with EMS soothers, or the RMHAC