Any citizen complaint, where the complainant is identified, regarding the Hancock County Sheriff’s Office or one of its employees, will be thoroughly investigated. The investigation may be either an inquiry or a formal investigation of an allegation of misconduct, depending on the type and severity of the allegation made.
Minor infractions of policies, procedures, or rules could be handled by a Sergeant through counseling or training. That Sergeant may attempt to seek an informal resolution with the complainant.
Allegations of misconduct could include such things as alleged criminal behavior, or alleged serious violation of Sheriff’s Office Policy, Procedure, or Rules and Regulations. These will be documented and handled more formally through the Internal Affairs function. If sustained, these allegations could result in discipline of the affected employee, up to and including suspension, demotion, or termination.
Any supervisor from the Hancock County Sheriff’s Office may take the initial information for a complaint. It is preferred that complaints be made in person, to ensure that the complainants and witnesses are able to give a written statement, detailing all of the facts in their own words. In case further details or questions arise, and to allow the complainant to be updated as to the progress on the investigation, the complainant and witnesses will be asked to provide contact information.
If a complainant alleges acts that could cause an employee to be disciplined to the extent of being suspended, demoted or terminated, the complainant may also be asked to testify at the Pre-Disciplinary Hearing to determine the facts of the complaint.
Generally, Supervisors have a maximum of 30 days to conclude an investigation. The Sheriff may choose to extend the investigation due to extenuating circumstances. A complainant will be contacted periodically during the investigation to be given an update on its progress. The employee(s) concerned will be informed on the substance of the complaint, unless to do so would prejudice the investigation.
Upon completion of the investigation and determination of the appropriate action, the complainant will be notified of the results of the investigation. Sheriff Cortez will issue a finding based on the facts proved in the course of the investigation. These findings include:
- Exonerated – The alleged act occurred, but the action was lawful and proper.
- Other Misconduct – The investigation reveals sufficient evidence to indicate other infractions not based on the original complaint.
- Inconclusive – There is insufficient evidence either to prove or disprove the allegation.
- Sustained – The allegation is supported by sufficient evidence, and the action violates either criminal law or Department’s Rules and Regulations or other written directives. If the incident has two (2) or more allegations and at least one (1) of the allegations is sustained, it could be classified as “Partially Sustained”.
- Unfounded – The allegation was demonstrably false, or there is no credible evidence to support the complaint.
- Withdrawn – The complainant withdraws the complaint prior to the completion of the investigation and no evidence of wrongdoing had been uncovered, up to that point.