- Review of Post Commissions Guidelines and Mandates
- Review 500. CMR 1.00 Procedural Rules
- Review of Policy and Accreditation Standards
- Review of Case Law and Required Notices.
- Review of Procedures and Requirements and steps necessary to starting and planning your investigation
Review of Applicable Case Law: (Weingarten, Broderick vs Boston Police Comm, Mass Correctional Officers Federated Union vs. LRC, town of Hudson vs IBPO, Town of Framingham vs DOLR, City of Boston vs DOLR , Downing v. LeBritton, and Commonwealth vs Harvey). Dealing with request from Unions for Information.
Review of Necessary Forms: Notice of Allegations, Order to appear at Investigative Interview, Notice of Extenuating Circumstances, Notice of Administrative Leave (example), Article 12 Waiver Form, Interview Ground Rules
Review of Applicable Case Law: (Garrity vs New Jersey, Careny vs Springfield, Mass Parole Board vs Waxman, Baglioni vs the Police Chief of Salem, Baker vs the City of Lawrence, Patch vs Mayor of Revere, Ronald J. Bellin vs Kelly
Review of Necessary Forms and Laws: (Massachusetts Probationary Laws, Immunity Law, No Contact Order, Notice of Disciplinary Hearing, Internal Affairs Checklist, Notice to citizen upon completion of investigation, Chapter 149 Section19B Polygraph Law, MGL 268 Section 6A (Filing a false police report), Civil Service Law Chapter 31 Sections 41-45. Includes review of forms required for both administrative interviews and interviews with a crime in the picture
Review of Interview Techniques: Includes the plan for conducting an investigative interview or interrogation, techniques to use to obtain the information needed, discussion of employee and union rights. Includes techniques for conducting both an Administrative Investigation and a Criminal Investigation. Recording and Transcribing investigative interviews. Types of questions discussed, leading questions, direct questions, clarification questions, what works and what will be scrutinized.
Weighing and Assessing Evidence: Discussion and review of the standards of evidence needed at the various venues, preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt. Includes discussion how to collect and process evidence, Discussion on truthfulness and proving untruthfulness, discussion on making credibility assessments and determinations.
Review of Applicable Case Law: Lachance vs Erikson, Brady vs Maryland, Giglio, Kyles vs Whitely, Police Comm of Boston vs Boston Patrolman Assoc (DiSciullo), City of Pittsfield vs. Local 447 IBPO, Thomas Desharnais vs City of Westfield Police Commission (Mass Civil Service Case)
The Collection and Preservation of Evidence: Processing Body Camera and Video evidence, Collecting computer evidence and cell phone evidence, Applicable case law laws and guidelines. Evaluating video evidence. Including evidence as proof in report format.
Report Writing: The fact Finding report, the Investigative Report, complete discussion on what needs to be in the report, reports provided for POST and the Division of Police Standards, Investigative File Formats, Report Formats, Decision making and drawing conclusions in your report. Investigative Directive, Executive Summary, Allegations, Discussions, Persons interviewed, persons not interviewed, Findings and conclusions , making recommendations or not in compliance with POST regulations.
Conducting Use of Force Investigations; Administrative and Criminal components and laws discussed, Venue requirements and legal challenges, Policy Investigations, MGL 6E sections 14 and 15 requirements and investigations, Criminal Investigations, 1983 Law Suite investigations. Standards of evidence discussed. Constitutional Protections and waivers fully explored and discussed. Video scenario presented and evaluated. Case law and MGL to be fully discussed and explored. Duty to Intervene and Duty to Report fully reviewed and discussed. Use of Force checklist and investigative forms provided.
Conducting Officer involved Shooting Investigations: The course will provide investigators with the information and tools necessary to investigate Officer involved shootings. Policy and procedures used in these types of incidents will be fully discussed and explored. Review of real incident will be discussed and reviewed.
Day 10 (½ day)
Conducting Sexual Harassment, Discrimination and Hostile Work Environment Investigations:
This will be a first-hand training course designed to ensure investigators understand their roles and responsibilities; as well as, have the tools to manage complaints and investigations involving discrimination and sexual harassment from the beginning to end. Investigators will be given scenarios and complaints to manage in class to develop these necessary skills to assist in future investigations.