Benton County, Oregon

Making Benton County a Better Place to Live

http://www.co.benton.or.us/sheriff/comments.php?
Printed on May 25, 2013 @ 12:28 PM

Benton County Sheriff's Office – Citizen's Comments

Commendable Action

A report of commendable action will become a permanent part of a Benton County Sheriff's Office (BCSO) employee's personnel file. It is a BCSO employee's duty to assist you; if you feel an individual has gone beyond the call to duty, the Benton County Sheriff's Office would appreciate your comments.

Complaint

The BCSO will seriously consider and investigate all complaints of misconduct. Founded complaints may result in suspension, termination or other disciplinary action. It is required that you completely and truthfully document any report of misconduct. This report is provided to the Sheriff or designee for investigation. BCSO will attempt to arrange investigative interviews at the mutual convenience of the complainant and the investigator.

Law Enforcement Review Committee Policy

8.2.4.1. Law Enforcement Review Committee: If a complainant is not satisfied with the decision of Sheriff they may file an appeal to the County Law Enforcement Review Committee.

The Committee functions under the authority and direction of the Board of Commissioners. The powers and duties include:

  • Serve as point of contact for citizens seeking information on how to deal with a concern involving the Sheriff's Office.
  • Monitor the handling of citizen complaints about the Sheriff's Office and provide input and recommendations to the Sheriff's Office and/or the Board of Commissioners regarding office policies and practices that have a bearing on the handling of complaints.
  • Accept for review any appeal filed by a complainant on a decision reached by the Sheriff regarding a complaint.
  • Communicate with the public regarding citizen complaints about the Sheriff's Office.
    The Committee shall review the complaint without accepting further evidence. Their decisions are final and may not be reviewed judicially or by any other administrative body.

The Sheriff will be the final authority regarding initiating disciplinary action against a BCSO employee.

Complaint Categories

  • Property: Allegation that money, property, evidence or other valued items have been taken and not properly accounted for, receipted or placed in evidence.
  • Use of Force: Allegation of use of excessive or inappropriate physical or deadly physical force.
  • Conduct: Allegation of misconduct other than those more specifically defined by another category which tends to bring reproach or discredit upon the Benton County Sheriff's Office.
  • Disparate Treatment: Allegation of treatment of an individual that is different from treatment of another because of race or other protected class (sex, age, national origin, sexual orientation, political or religious beliefs, or handicap).
  • Communication: Allegation relating to attitude, rude conduct or verbally abusive conduct other than those addressed in the disparate treatment category.
  • Performance: Allegation of work performance which fails to meet or conform to BCSO standards or requirements.
  • Procedure: Allegation of conduct which violates a General Order or order of a superior which is not addressed in another category.

The goal of the Benton County Sheriff's office is to maintain and improve community livability by working with all citizens to preserve life, maintain human rights, protect property and promote individual responsibility. The Benton County Sheriff's Office believes in the dignity and worth of every individual and in the importance of respecting the men and women of the Sheriff's Office and the citizens we serve. A citizen complaint, and its subsequent investigation, causes this office to examine the service that we provide to our community and to make necessary improvements in the way we provide services.

Go to the Comment Form

What is Done with a Complaint

The Undersheriff will review it, log it in and assign it for investigation based upon the nature of the complaint.

The Undersheriff determines how the case will be processed and/or investigated in one of three ways:

  1. Declines to look into the matter further.
    • If, in the initial stages of the investigation, it is determined that the allegation is without merit or involves an agency other than the Benton County Sheriff's Office, the case will not be investigated further. The complainant will receive a notification letter explaining the right to appeal the decision to the Sheriff.
  2. Assigns it back to the division involved.
    • The division manager will conduct the investigation or delegate the task to a qualified subordinate.
  3. Assigns it for criminal investigation.
    • Criminal conduct complaints may be assigned to one of the Sheriff's Office detectives to be investigated like any other criminal allegation or may be assigned to an outside police agency.

How are Cases Reviewed for Completeness?

All investigations are reviewed by the division manager and the findings are forwarded to the Undersheriff for final action.

How are Cases Evaluated?

After a case has been investigated and reviewed, it is given one of four classifications. The classification given is known as the finding:

  • Unfounded: Claim is false. Based on the facts of the investigation, there is no basis to the allegations.
  • Exonerated: Actions of the Deputy were within the guidelines of the Sheriff's office policy.
  • Insufficient Evidence: There was not enough evidence to prove or disprove the allegation(s).
  • Sustained: Deputy was found to be in violation of the Sheriff's Office policy or procedure.

What Action will the Sheriff's Office Take?

The Undersheriff reviews the case, determines specific violations, decides how the case is to be classified and if necessary recommends appropriate discipline. All complaints found to be sustained that result in suspension or termination will be reviewed by the Sheriff.

How are the People Involved Notified?

The complainant is notified by letter with the findings and the results of the investigation, and is notified how to appeal the decision to the Sheriff. The deputy involved and the deputy's supervisor receive a copy of the letter sent to the complainant that describes the findings and results of the investigation.

This information is a summary of several Benton County Sheriff's office General Orders; it is not a complete account of the investigation, discipline and appeals process. For clarity the term "deputy" was used, but complaints can be filed and processed on action by any BCSO employee.