2020 BURLINGTON POLICE DEPARTMENT - Internal Affairs and Complaint Review
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2020
BURLINGTON POLICE
DEPARTMENT
Internal Affairs and
Complaint Review
AC Brian Long
Operations Bureau
1-19-2021
267 W. Front Street
Burlington, NC 27215
Table of Contents
TABLE OF CONTENTS
2
PURPOSE: 3
PURPOSE OF INTERNAL AFFAIRS AND COMPLIANT SUMMARY 3
COMPLAINTS AND DISPOSITIONS: 4
COMPLAINT REGISTERING PROCEDURE 4
CATEGORIZATION OF COMPLAINTS 4
DISPOSITION DEFINITIONS 4
RECAP OF LAST YEAR’S REPORT RECOMMENDATIONS: 4
RECOMMENDATIONS FOR 2020 AND ACTIONS TAKEN 5
REPORT DATA: 6
TOTAL OF INTERNAL AFFAIRS 6
TOTAL OF COMPLAINTS (*NOT INCLUDING IA’S) 6
INTERNAL AFFAIRS AND COMPLAINT FINDINGS: 8
ALLEGATIONS 8
INTERNAL-EXTERNAL 8
DISPOSITION 9
TRAINING 9
DISCIPLINARY ACTIONS 9
PUBLIC ANNOUNCEMENT 10
POLICY/PROCEDURES/APPROVAL: 11
POLICY/PROCEDURE 11
REVIEW AND APPROVAL PROCESS 11
RECOMMENDATIONS FOR 2021: 12
RECOMMENDATIONS FOR 2021 12
2
Purpose:
Purpose of Internal Affairs and Compliant Summary
Per the Commission on Accreditation for Law Enforcement Agencies (CALEA) for the Burlington
Police Department accreditation programs of Law Enforcement (CALEA 26.2.5) and for Public
Safety Communication (PSC 1.4.11), the department is committed to an annual summary of our
complaints and internal investigations system. The intent of the summary helps our
department do the following:
Provides a statistical summary pertaining to complaints and internal affairs;
investigations so our department can provide the information to the public.
Helps administration to look for patterns in officer conduct at a macro level, and thus
position the agency for policy or training changes that would reduce future misconduct
or strengthen our complaint and investigative system to conduct complaints or
investigations more effectively.
Acts as a comprehensive plan to identify patterns of conduct that can be reduced
through training, re-training and or disciplinary action.
3Complaints and Dispositions:
Complaint Registering Procedure
Information regarding the Burlington Police Department’s complaint registering procedure is
made available to the public and employees through several means; to include the Burlington Police
Department website. The Burlington Police Department also provides a brochure that explains
complaint registering procedures, these brochures are on the Burlington Police Department website and
are available at the front desk. (CALEA 26.2.4) All employees of the Burlington Police Department are
directed to inform and provide complaint registering information to the public when requested.
Registering a complaint against an employee of the Burlington Police Department can be done by
reporting the complaint to a supervisor on duty.
Categorization of Complaints
Complaints are evaluated by a supervisor to determine the type, nature, and seriousness of the
complaint. Complaints will be categorized as either Class I or Class II depending on the nature of
the complaint. The supervisor will also evaluate the complaint to determine the proper course of
action. Anonymous complaints are accepted. (CALEA 26.2.1)
Class I complaints involve a complaint against an employee that asserts a violation of any criminal
law or ordinance, Departmental Directive, or City of Burlington Personnel Ordinance. These
investigations will be conducted by an investigator assigned by the Chief of Police or designee.
This type of investigation will be conducted separately and apart from any criminal investigation
arising from the same circumstances. (CALEA 26.3.1b); (PSC1.4.1b)
Class II complaints are complaints about arrest scenarios not rising to Class I excessive force
complaints, violations of City Ordinances, traffic infractions, etc., failure to perform duties,
tardiness, insubordination, and other policy violations, unprofessional conduct such as rudeness,
and all other alleged inappropriate conduct not defined as a Class I complaint. (CALEA 26.3.1a); (PSC
1.4.1a)
Disposition Definitions
Sustained: Sufficient evidence and facts are present, demonstrating the alleged behavior
occurred, and the employee is responsible.
Not Sustained: The evidence and facts are inconclusive, and no determination can be made
regarding the alleged behavior.
Unfounded: The evidence and facts are present demonstrating the allegation is false, or the
conduct did not occur.
Exonerated: The evidence and facts are present demonstrating the alleged behavior did occur.
However, that conduct is justified and/or within departmental directives and training. A second
possibility occurs when the investigation reveals the alleged officer was not present, and the facts
conclusively show, he/she was not involved.
4Recap of Last Year’s Report Recommendations:
Recommendations for 2020 and Actions Taken
1. Schedule Internal affairs investigations training for the PSD lieutenant and that all Internal Affairs
cases be investigated by this lieutenant (barring a conflict given the specific issues).
Not Completed: The department’s administrative Lieutenant leads most investigations and currently has
extensive investigative, and advanced human resources training. Several schools offered on-line were
evaluated but were cost-prohibitive in 2020. In-person classes were eliminated due to COVID-19. This
recommendation will carry forward into 2021.
2. Review and revise policies as needed to be inclusive of “name clearing hearing” procedures to be
followed. Completed
3. Conduct a mid-year review of all assigned Internal Affairs cases. This would provide the agency with
an early warning of patterns or threats to the agency.
Completed: The agency only conducted one internal affairs investigation between January and
September. The Assistant Chief of Operations was involved with the investigation and following
outcome. With it being the only IA case there was no need in 2020 for a mid-year review.
5Report Data:
Total of Internal Affairs
In 2020, there were a total of three (3) Internal Affairs cases conducted involving a total of three sworn
staff members. All three (3) were generated internally. None of the investigations involved external
partners or citizens. A total of six (6) policy violations were alleged and investigated.
File Number Occurred date Incident type Allegation Disposition
Internal Affairs
IA2020-001 1/5/2020 Investigation Neglect of Duty Sustained
Internal Affairs
IA2020-001 1/5/2020 Investigation Misuse of City Equipment Sustained
Internal Affairs
IA2020-001 1/5/2020 Investigation Attendance Sustained
Internal Affairs Improper submission of Not
IA2020-001 1/5/2020 Investigation time Sustained
Internal Affairs
IA2020-002 10/8/2020 Investigation Insubordination Sustained
Internal Affairs
IA2020-003 10/15/2020 Investigation Insubordination Sustained
Total of Complaints (*Not including IA’s)
In 2020, there were forty-four (44) complaints against a total of thirty-four (34) staff members
at the police department (thirty-two complaints for sworn and two complaints for one
Burlington Police Communications Center professional staff member). Two of the forty-four
complaints were in general against the department that did not have an employee identified.
There were no anonymous complaints in 2021.
*Complaints can include multiple officers. A total of forty-four complaints represents each
potential allegation
Occurred Occurred Allegation Disposition
Allegation Disposition Date
date
Unprofessionalism- Improper
3/13/2020 Sustained 8/22/2020 Exonerated
Rudeness Search/Seizure
2/26/2020 Code of Conduct Sustained 2/21/2020 Dishonesty Unfounded
Incompetent
2/14/2020 Code of Conduct Sustained 2/21/2020 Exonerated
Performance of Duty
Incompetent Not
3/8/2020 Unfounded 9/17/2020 Negligence
Performance of Duty Sustained
Not Unprofessionalism-
2/21/2020 Neglect of Duty 9/13/2020 Unfounded
Sustained Rudeness
6Occurred Occurred
Allegation Disposition Allegation Disposition
date Date
Incompetent Not Incompetent
2/21/2020 9/13/2020 Unfounded
Performance of Duty Sustained Performance of Duty
Unprofessionalism- Not Unprofessionalism-
2/21/2020 10/16/2020 Unfounded
Rudeness Sustained Rudeness
Unprofessionalism- Unprofessionalism-
3/19/2020 Unfounded 10/16/2020 Unfounded
Rudeness Rudeness
Unprofessionalism-
6/8/2020 Unfounded 11/3/2020 Neglect of Duty Sustained
Rudeness
Improper
5/15/2020 Sustained 11/3/2020 Neglect of Duty Sustained
Search/Seizure
Excessive Use of Unprofessionalism- Not
5/15/2020 Sustained 5/12/2020
Force Rudeness Sustained
3/27/2020 Discrimination Exonerated 1/31/2020 Criminal Unfounded
Unprofessionalism-
4/27/2020 Unfounded 6/14/2020 Negligence Exonerated
Rudeness
4/27/2020 False Arrest Unfounded 6/14/2020 Criminal Exonerated
Incompetent
4/27/2020 Unfounded 1/26/2020 Criminal Unfounded
Performance of Duty
8/11/2020 Sick Leave Abuse Sustained 1/26/2020 Code of Conduct Unfounded
8/11/2020 Dishonesty Sustained 1/26/2020 Computer Misuse Unfounded
Unprofessionalism- Biased-Based
7/8/2020 Unfounded 11/6/2020 Unfounded
Rudeness Policing
Unprofessionalism- Biased-Based
8/10/2020 Sustained 10/26/2020 Unfounded
Rudeness Policing
Unprofessionalism- Biased-Based
2/29/2020 Sustained 10/26/2020 Unfounded
Rudeness Policing
Incompetent Biased-Based
9/5/2020 Exonerated 10/26/2020 Unfounded
Performance of Duty Policing
Incompetent Biased-Based
9/5/2020 Exonerated 11/21/2020 Unfounded
Performance of Duty Policing
7Internal Affairs and Complaint Findings:
Allegations
There were a total of thirteen different allegation categories from 2020.
Allegation Percentages
Biased-Based Policing
11%
Code of Conduct
Computer Misuse
7%
33% Criminal
2%
Discrimination
5% Dishonesty
2% Excessive Use of Force
3% False Arrest
2% Improper Search
3% Incompetence Peformance
2%
4% 3% Neglect of Duty
5% Negligence
18% Sick Leave Abuse
Unprofessionalism
Internal-External
Internal-complaints are generated from within the department and External-are generated from outside
of the department
Internal vs. External Complaints
Internal
9%
External
91%
8Disposition
All internal investigations and complaints received a disposition. All internal investigations and
complaints in 2020 were investigated within thirty (30) days and no extensions were needed.
Appropriate procedures were followed for each complaint investigation.
Complaint Dispositions
Sustained
26%
Unfounded
42%
Not Sustained
11%
Exonerated
21%
Training
During post-academy, each new employee reviews the Burlington Police Department Internal affairs and
Discipline policy and procedures, which includes complaint procedures, and receives further training on
the department’s mission, values, and code of ethics. Upon supervisory promotion, training is conducted
on the complaint process.
Disciplinary Actions
The three (3) cases in 2020 resulted in the following actions:
IA2020-001- Agency intended to demote the employee for the three sustained policy violations. The
employee resigned prior to the agency implementing the intended discipline.
IA2020-002- The agency issued the employee a Letter of Reprimand, for the violation of departmental
policy
IA2020-0003- The agency issued the employee a Letter of Counseling, for the violation of departmental
policy.
There were 46 complaints in 2020 that resulted in the following actions. Actions taken may have
included multiple allegations combined into one Letter of Counseling or other action. In addition to
9these 11 formal actions listed below, the department uses remedial training in many cases combined
with or in lieu of formal disciplinary action.
Counseling Session: 6
EAP Referral: 1
Letter of Counseling: 2
Letter of Reprimand*: 2
*The City of Burlington Human Resources was provided with copies of all disciplinary action taken.
Public Announcement
Per the Commission on Accreditation for Law Enforcement Agencies accreditation programs in Law
Enforcement and Public Safety Communications, the information in this report concerning the number
of complaints and Internal Affairs cases and the outcomes of those complaints and cases has been made
public using the Burlington Police Departments' web page. This annual report is also available to all
agency employees through PowerDMS. (CALEA 26.2.5); (PSC 1.4.12)
10Policy/Procedures/Approval:
Policy/Procedure
In collaboration with the City of Burlington Human Resource Department, the police department’s 08-
11, Discipline and Internal Affairs policy and procedure were reviewed and modified. A section in policy
on Name Clearing Hearing (caused by case law in NC) was added and a form was created where the
employee can select to request a public hearing or decline a public hearing regarding the issue.
Other forms were reviewed as a part of the overall internal investigation process included the Notice of
Investigation form, the Internal Affairs Investigation checklist, and the Administrative Leave Equipment
checklist. All forms were current, and no modifications were needed.
Review and Approval Process
Completed IA cases are uploaded into IA Pro software and managed by the Professional Standards
Division (PSD) lieutenant. To maintain proper security precautions, secured permissions are set to
maintain the integrity of the information. The cases are finalized and closed by either Assistant. Chief
and or the Chief of Police within IA Pro. This process ensures CEO notification is made and creates a
permanent record of approval and provides for permanent retention. (CALEA 26.2.2); (PSC 1.4.10)
Class II complaints are received, investigated, and managed by a supervisor and uploaded to the Blue
Team software. The complaints are reviewed by the division captain or professional staff manager and
all entries and outcomes are copied through the Chief of Police.
The implementation of Blue Team/IA Pro allows for efficient task assignment, retention of records, and
case review/approval all within one system, eliminating the need for paper copies to be collected and
retained.
11Recommendations for 2021:
Recommendations for 2021
1. Schedule Internal affairs investigation training for the Professional Standards Lieutenant and
that all Internal Affairs cases be investigated by this lieutenant (barring a conflict given the
specific issues).
12Burlington Police Department
267 W. Front Street
13
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