Civil Service Employment Subcommittee
Regular MeetingPortland, ME · September 16, 2025
Agenda
City of Portland
Police Citizen Review Subcommittee
AGENDA
September 16, 2025
6:00 PM
This meeting will take place in person in the Portland Police Department’s auditorium from
1.
6:00 p.m. to 8:00 p.m. at 109 Middle Street.
2. Call to order
Lieutenant Titcomb will present a brief training/overview of the IA process and Associate
3.
Corporation Counsel Nicole Albert will present on the basics of criminal procedure.
a. SOP 90
b. IA Orientation (PCRS)
4. Adjourn
Packet
City of Portland
Police Citizen Review Subcommittee
AGENDA
September 16, 2025
6:00 PM
This meeting will take place in person in the Portland Police Department’s auditorium from
1.
6:00 p.m. to 8:00 p.m. at 109 Middle Street.
2. Call to order
Lieutenant Titcomb will present a brief training/overview of the IA process and Associate
3.
Corporation Counsel Nicole Albert will present on the basics of criminal procedure.
a. SOP 90
b. IA Orientation (PCRS)
4. Adjourn
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PORTLAND POLICE DEPARTMENT
STANDARD OPERATING PROCEDURE
Subject: Internal Affairs Policy #: 90
Distribution: Internal/External Effective: 6/29/2014
By Order of: Chief of Police Revised: 4/20/2025
I. PURPOSE
To establish uniform procedures for receiving, investigating, reviewing, addressing and analyzing complaints
of misconduct or violations of law or department policy or procedure by police personnel with the intention
of providing a thorough, timely, objective, and fair review that will serve to protect the public, the department
and the employee.
II. POLICY
The Portland Police Department depends upon the integrity, decision-making and discipline of every
employee. Therefore,it is the policy of this departmentto expediently investigate all complaints of employee
misconduct in a thorough, fair and consistent manner, and to take appropriate action based upon the
outcome of the investigation. The procedures addressed in this policy will be administered in a manner
consistent with applicable collective bargaining agreements and/or the City's personnel policy and local, state
and federal law. Given this is a statutorily mandated policy, employees must abide by this SOP as it applies to
all standards of the MCJA Board of Trustees.
III. DEFINITIONS
A. Aggravating Factors: Relevant facts and circumstancesthat increase the severity or culpability of an
employee’s actions, including but are not limited to deceitfulness, dishonesty, maliciousness, injury or
harm to the public or an employee, prior history of corrective action, a supervisory or command rank
of the subject officer, an actual or demonstrable legal or financial risk to the Department or City, loss
or damage to public or private property, and prejudicial or biased conduct.
B. Complaint: A clear, specific, and reasonablycredible allegation of employee misconduct which, if true,
would constitute a violation of law, order, directive, rule, regulation or department standard operating
procedure. An inquiry about police procedure or department policy is not a complaint.
1. External Complaint: A complaint made by a memberof the public against the department or its
members.
2. Internal Complaint: A complaint made by a policesupervisor, command staff member or other
department employee against another member.
C. Internal Affairs Unit: The unit which reviews,documents and controls all investigations into alleged
employee misconduct or law or procedural violations. Its members include the Professional Standards
Lieutenant, Internal Affairs sergeant, and any additional investigator(s) temporarily assigned by the
Chief of Police.
D. Professional Standards Lieutenant:The Lieutenantassigned to provide direct supervision of the
Internal Affairs Unit.
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F. Internal Affairs Investigator: The permanently assigned sergeant or any supervisory officer who is
assigned by the Chief of Police to investigate, or assist in the investigation of a complaint.
G. Inquiry: An allegation regarding the actionsof department personnel, and / or the department’s
policies, procedures, practices or training, that does not rise to the level of a complaint, as defined
above.
H. Misconduct: Any violation of any statute, law, department policy, rule, regulation, order or standard
operating procedure.
I. Mitigating Factors:Relevant facts and circumstancesthat decrease the severity or culpability of an
employee’s actions, including butarenot limitedto intent, truthfulness, lack of prior corrective action,
willingness to accept responsibility and acknowledge wrongdoing, prior work history and the
circumstances under which the misconduct occurred.
J. Discipline: Measures taken to correct or addressbehavior that involves misconduct. Disciplinary
actions may include an oral or written reprimand, suspension from duty without pay, demotion or
termination. Routine critiques or corrections of an officer's performance by their supervisors are
not considered to be discipline.
IV. PROCEDURES:
A. External Complaints
1. The department will accept and document all complaints of employee misconduct. A supervisor
must meet with the complainant within thirty (30) minutes of the Complainant’s arrival at the
department if call volume and resources allow. The complainant will be informed of the
approximate wait time. If they choose not to wait, the complainant will be given a Complaint
Form and asked to provide contact information (name, phone number, or email). The Shift
Commander shall contact the complainant within 24 hours or, if that is not possible, forward it to
the Major for follow-up.
2. Given that the department has a responsibility to protect members from false, unjust and
malicious complaints, the best and most preferred manner in which to receive and process a
complaint shall be with the complainant appearing in person. Complaints articulated verbally, by
telephone, by mail, electronic means, or anonymously, however, will also be documented,
investigated and reviewed, to the extent possible, consistent with this policy. In person and
telephone complaints should be audio recorded, whenever possible.
3. The on-duty shift commander, or designee, willpromptly meet with and interview all
complainants in a recorded interview room or while using a BWC. If, based on the information
given, the Shift Commander deems that the complaint itself iswithout merit, in that no
misconduct or violation of law, order, directive, rule, regulation, policy or SOP is even alleged, the
Shift Commander has the authority to decline acceptance of a ‘complaint’and shall so advise the
complainant. These instances will be documented as aninquiry. By taking the time to listen and
resolve an inquiry at the initial contact, it may be possible to clear up concerns, address current
perceptions and misconceptions, and prevent future issues. Supervisors shall document inquiries by
sending a memo to the Office of Professional Standards, explaining the inquiry, along with its
resolution and any recommendations. This information will also be forwarded through the chain of
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command to the Chief of Police, and will be used to identify possible trends, training needs or policy
deficiencies. During review, inquiries may be upgraded to a complaint, as appropriate, and assigned
for administrative investigation, consistent with this policy.
4. If the complaintmay have merit, in that,iftrue, the allegation would indicate that there mayhave
been misconduct, or a violation of law, order, directive, rule, regulation, policy or SOP, the Shift
Commander shall accept the complaint and complete a Complaint Form.
When completing the Complaint Form, a written statement is received from the complainant or, if the
complainant is unable to write a statement, a synopsis of the complainant’s statement is written.
5. No complaint is to be refused due to the physical or emotional condition of the complainant. If the
complainant is apparently intoxicated, suffering from a mental health disorder, or displays any bias
or other trait, attitude or condition that may bear on credibility, the Shift Commander should note
such observations on the complaint form narrative. If the complainant cannot be interviewed due
to physical condition, the Complaint Form will be partially completed with contact information and
a brief synopsis of the complaint. The completed Complaint Form will be promptly submitted
directly to the Internal Affairs Unit, so arrangements can be made for a subsequent interview with
an Internal Affairs investigator.
B. Internal Complaints
1. Internal complaints may be generated by anypolice employee who believes that a police
department employee has engaged in misconduct or violated department policies and procedures.
2. The complaint should be documented on a ComplaintForm. The Form should include a written
statement from the reporting employee summarizing the complaint.
3. The completed Form must be promptly submitteddirectly to the Internal Affairs Unit either in
person or by sealed envelope.
D. Classification of Allegations
1. The Professional Standards Lieutenant willreview complaints and assign a classification code as
follows:
Category 1: Alleged conduct which has a negative impact on the operations or professional image
of the Department or that negatively impacts relationships with other officers, agencies or the
public. Category 1 allegations include, but are not limited to:
· Failure to report or tardiness for anyshift or overtime assignment
· Failure to report to court
· Rudeness towards the public
· Equipment violations (failure to maintain,unauthorized, lack thereof)
· Grooming or uniform violations
· Leaving the city without approval
· Failure to maintain patrol vehicle
· Failure to properly search prisoner(s)
· Failure to take appropriate police action
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· Inappropriate social media postings
· Unsatisfactory job performance
· Improper or Unauthorized emergency response
· Minor vehicle operations violations
· Substandard reports
· Substandard evidence booking of a minornature
· Improper radio traffic
Category 2: Alleged conduct that involves serious abuse or misuse of authority, unethical
behavior, or that results in an actual or serious adverse impact on officer or public safety, is
contrary to the values of the Department or that negatively impacts its mission, operations, or
professional image. Category 2 violations include, but are not limited to:
· Excessive force
· Unlawful arrest,
· Civil rights allegations,
· Negligent discharge or handling of afirearm,
· Causing unwarranted property damage,
· Inappropriate vehicle pursuit,
· Any Notice of Claim, and
· Any violation of law, rule or departmentpolicy that does not fit neatly into Category 1.
Category U: Allegations brought forth by a member of the public which, after review of immediately
available evidence, are shown to be unfounded or deemed to be within department policy.
E. Complaint Processing and Assignment of Investigations
1. An allegation of misconduct is a seriousmatter and deserves a fair, accurate, and professional
investigation and a timely resolution. To achieve all of those ends, all complaints will be
forwarded to the Internal Affairs Unit and assigned a control number.
2. Complaints alleging Category 1 violationswill be investigated by Internal Affairs. Category 1
investigations may be assigned to a Shift Commander for investigation at the direction of the
Administrative Major, unless the subject officer specifically requests Internal Affairs conduct the
investigation
3. Complaints alleging Category 2 violationswill be investigated by Internal Affairs.
4. Once the complaint is logged, the ProfessionalStandards Lieutenant will:
a. Assign an Allegation Category to the complaint;
b. Review the subject officer’s IA history;
c. Notify the chain of command, to include the Chief of Police and the PD’s Legal Advisor;
d. Notify, in writing, within five (5) business days, any employee who is the subject of an internal
investigation and provide them with a copy of their rights and duties. The notice will include
the name of the complainant and the nature of the allegations unless, in the opinion of the
Chief of Police, the release of this information could impede the investigation.
e. Notify the complainant, in writing, of the receipt of any complaint filed electronically or by
mail.
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f. Refer the complaint to the subject officer’s Lieutenant or an Internal Affairs investigator in
accordance with the guidelines below.
5. Allegations deemed Category U by the Professional Standards Lieutenant will be handled as
follows. The Professional Standards Lieutenant will:
a. Review all readily available information and draft a Category U disposition.
b. Forward the complaint and disposition up the chain of command to the Chief of Police or
designee for review.
c. If the chief or designee concurs that the complaint meets the definition of a Category U
allegation, notify the complainant and subject officer.
d. If the chain of command determines the complaint has merit, reclassify the allegations and
process the complaint in accordance with the new category.
F. Investigation of Complaints
1. Investigations by a Lieutenant
a. At a minimum, a Lieutenant assigned to investigate a Category 1 Allegation should interview
the complainant and the subject officer and review relevant reports, documents, and video.
b. If a Lieutenant determines the incident is of greater complexity, or the investigation cannot
be completed within 3 business days, he/she can refer the investigation back to Internal
Affairs with the concurrence of the Major or higher authority.
c. Upon completion of the investigation, the Lieutenant will summarize their findings and
recommendations, in writing, and forward up the chain of command for review.
2. Investigations by Internal Affairs Investigators
a. Review the initial complaint and compile all related reports and materials in the department’s
custody.
b. Ascertain the specific allegations, note the member(s) involved and the date, time, and
location of the incident. Identify any other witnesses to the incident, noting their
name(s), address(es) and contact information.
c. Compile all relevant reports, statements,and transcriptions for inclusion in the case file.
d. Forward the transcription (if any) of each interview to the Professional Standards Lieutenant
for review upon its completion.
e. Maintain and update the Internal Affairs database for each assigned case.
3. The investigator and Internal Affairs Unitshould consult with the Police Attorney as the
investigation is ongoing, submitting reports for review of timeliness, thoroughness, fairness, and
objectivity.
4. The Internal Affairs Unit, and investigatorsassigned to investigate a complaint, have the authority
to report directly to the Chief of Police or designee on the matter under investigation.
5. Investigators will conduct thorough, timelyand objective investigation of all complaints, and will
do so in a manner consistent with the member’s duties and rights, as outlined below, and any
applicable department or city policies and collective bargaining agreements.
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G. Command Review
1. Upon completion, the investigation will beimmediately referred for command review by the
officer’s shift commander and chain of command.
2. Reviewers willsimultaneously review thecase file. All reviews will be completed within 10 days,
unless otherwise approved by the Chief of Police.
3. If a reviewer is unavailable, the case willbe reviewed by the remaining staff members, unless an
alternate staff member is named by the Chief of Police.
4. Each reviewer will provide, in writing, arecommendation and justification for appropriate action.
5. Any reviewer may make recommendations to the Chief of Police on the need for additional
information or clarification.
6. A completed investigation involving a non-sworn employee will be submitted to that employee’s
Division Head for review and then forwarded through the chain of command to the Chief of Police
or designee utilizing the above guidelines.
H. Findings
1. The Chief of Police shall review all completedinternal investigations and may request additional
information or clarification. Taking into account the facts, circumstances and any aggravating or
mitigating factors, the Chief will give final approval to the disposition of the case as follows:
Sustained: The alleged complaint is substantiated. Sufficient evidence exists to indicate that the
employee did, in fact, commit one or more of the alleged violations. The Department shall have
the burden of proving that a violation is sustained by a preponderance of the evidence.
Per state law, it shall be the duty of the Chief of Police to refer all sustained complaints of criminal
conduct or criminal convictions to the Complaint Review Committee of the Board of Trustees of
the Maine Criminal Justice Academy.
Not Sustained: The alleged complaint is unsubstantiatedno violation of Department rule,
regulation or procedure, or local, state or federal law.
Exonerated: The incident occurred, but the employee’sactions were justified, lawful and proper.
Unfounded: Reasonably credible evidence existsto indicate the complainant’s allegations are
false, not factual or without merit.
Cleared Exceptionally:
· There is no indication, beyond the initialcomplaint, of an actual violation of department
rule, regulation, procedure, or law, and / or the complainant voluntarily withdraws, or
does not cooperate or participate with the complaint / investigation; or
· Departure of the subject employee makesan effective investigation impossible; or
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· The employee's actions were based upon and compliant with existing policies, procedures
or directives that appear to have been ambiguous or deficient.
2. Following completion of the investigationand prior to any hearing with the Chief, the employee
will be offered access to, or provided a copy of, all material contained in the IA file. Such requests
should be made to the Police Attorney.
3. The Chief shall afford the employee an opportunityfor an informal hearing to discuss the
outcome of the investigation with the Chief or his/her designee, prior to the imposition of
discipline or corrective action. The employee shall be entitled to representation at that hearing.
I. Responsibilities of the Internal Affairs Unit
1. The Internal Affairs Unit shall have primary responsibility for the recording, registering, and
controlling the investigation of all complaints against employees, whether initiated by a citizen or
the Department.
2. The Internal Affairs Unit shall have the following responsibilities:
a. Receipt of all complaint forms and maintenance of a numbered index system.
b. Receipt of Response to Resistance Reports.
c. Maintenance of secure central files, in the Internal Affairs office, of all internal
investigations, Response to Resistance Reports, and other complaints against the
department and/or its employees. These files shall be the exclusive repository for all
internal investigations and all Response to Resistance Reports. These files will be kept
confidential in accordance with this policy.
d. Notification to the Police Attorney of any investigation or use of force that may result in
civil liability to the City.
e. Recommending to the Chief of Police that a matter be referred to the District Attorney or
Attorney General's Office for consideration of criminal charges.
f. Review of "Unfounded" internal investigations with the District Attorney's Office if it
appears that charges against the complainant for unsworn falsification may be warranted.
g. Review of car to car messaging once per month.
h. Review of the status of employees’ operator’s licenses once per year.
i. Tracking and analysis of complaint and force information on a continuing basis for the
following purposes:
1) to identify training needs, policy deficiencies, and areas where the department can be
more responsive or improve service;
2) to conduct an annual audit and summary of complaints and uses of force and to
forward a copy of said summary to the Maine Criminal Justice Academy, in accordance
with state law.
3) to compile an annual report for the Chief of Police containing an audit and summary of
complaints and uses of force, and reporting any need for changes in training, policy, or
department procedures.
4) to notify the Chief of Police should the number, pattern, or nature of complaints or
uses of force indicate a potential risk of civil liability or civil rights violations.
k. Administer and maintain the Performance Management Review System in accordance with
SOP.
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l. Conduct investigations of officers’ use of deadly force as part of the Administrative
Investigations Team.
J. Employee's Duties and Rights during anInternal Affairs Investigation
1. The employee's duties and rights containedin this section shall be applicable to any internal
investigation. A supervisor should afford an employee all the applicable rights under this section
whenever the supervisor reasonably believes that an employee’s conduct may result in either a
criminal investigation or the filing of an internal affairs complaint. The failure of the supervisor to
afford an employee these rights does not entitle the employee to disobey the orders of a
supervisor. The supervisor's failure to allow an employee to exercise these rights will be
considered by the Chief of Police prior to imposition of any discipline against the employee.
2. Once a complaint has been designated for investigation,the employee shall be advised, in some
confidential, written manner, that a complaint has been made and that an investigation will be
conducted. The notice will include the name of the complainant, the nature of the allegations,
and copies of the employee's rights and duties. The employee will be instructed that he/she is
prohibited from contacting the complainant. In addition, the employee will normally be afforded
the opportunity to read the initial complaint form. If the disclosure of the existence of the
complaint or the identity of the complainant would impede the investigation, the Chief of Police
shall decide all questions concerning employee notification and employee access to complaint
information.
3. Complaints against an employee that allegea criminal violation will be investigated as any other
criminal matter by supervisors assigned to the Criminal Investigations Division or other
supervisors designated by the Chief of Police. Evidence Technicians may be asked to collect,
process and test evidence. During the investigative process the employee involved may be
reassigned or placed on administrative leave with pay at the discretion of the Chief of Police.
Employees under criminal investigation will be afforded the same rights as any other suspect, and
any other rights afforded by the applicable collective bargaining agreement. Generally, once the
criminal investigation is complete, an internal affairs investigation and/or disciplinary process may
be initiated. If appropriate, an internal affairs investigation may be conducted
contemporaneously and separately with the criminal investigation.
4. All employees interviewed as part of an internalinvestigation shall be provided with a written
copy of the Garrity Warning and the employee’s rights section of the applicable collective
bargaining agreement. The employee may be asked to sign a copy of the Garrity warning to
acknowledge its receipt. In cases involving criminal allegations, the employee will not be read the
Garrity warning until the criminal investigation is completed. The employee may be asked to
provide a voluntary, non-custodial statement. In the event an employee is subject to custodial
interrogation in the course of a criminal investigation, the employee shall be advised of his/her
Miranda rights.
5. As part of the internal investigation, theemployee will be asked to provide information which is
specifically, directly and narrowly related to the employee's duties or fitness for duty. An
employee may be asked about off-duty conduct if there is a sufficient relationship between the
employee's off-duty conduct and the employee's official duties. Statements made by the
employee during an internal investigation, and subject to Fifth Amendment protection, will not be
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used against an employee in a criminal proceeding. However, a matter may be referred for
further investigation by a criminal investigator or the Maine Criminal Justice Academy Complaint
Review Committee if the Chief of Police deems it appropriate.
6. Employees may request to have an attorneyor union representative present and available for
consultation during an investigative interview. That representative is not entitled to interfere
with, disrupt or impede the interview in any way. The employee’s representative should act in
accordance with federal and state law and these procedures.
7. An employee's statement may be provided inany one of the following forms, at the discretion of
the investigator:
a. an investigator's summary of a recorded interview with the employee. This method will be
utilized in the majority of internal investigations as it allows for the completion of
investigations in a timely manner, while still assuring that the investigation is thorough and
complete.
b. a written statement completed and signed by the employee.
c. a transcription of a recorded interview with an investigator.
8. The same methods as in #4, above may be utilized by the investigator, at their discretion, to
obtain statements from civilian witnesses.
K. Procedures During an Investigation
1. All investigations will be conducted withoutunreasonable delay. Every attempt will be made to
complete the investigation and professional standards review within forty-five (45) business days
of receipt of the complaint.
2. All interviews will be held in the InternalAffairs office or at location agreeable to both parties;
and will be conducted at a time mutually agreeable to the employee and the interviewer unless
the seriousness of the allegation requires the interview to be completed immediately.
3. Written statements shall be submitted to theinvestigator immediately upon their request. The
failure to submit a statement upon request, without good cause, may result in discipline.
4. During interviews conducted by more than oneinvestigator, there will be one designated
interviewer; only the interviewer will ask questions of the employee.
5. Employees under investigation will not useor be subject to offensive language, nor threatened
with transfer, dismissal, or disciplinary action during an interview. No promise or reward shall be
made by the investigator as an inducement to answer questions.
6. All interviews with employees conducted aspart of an IAU investigation will be recorded. The
investigator will have discretion in determining if a transcript of the interview or a summary
should be prepared. If the recordings are not transcribed, they will be retained as part of the
investigation file. A copy of the recording will be provided to the employee with the completed
investigation file.
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7. All investigations shall be conducted without unreasonable delay. An employee who is the
subject of a complaint should be advised of the final outcome of the investigation, in writing,
within sixty (60) business days of the filing of the complaint. If additional time is necessary to
complete a thorough investigation, extensions may be granted by the Chief of Police, upon
written requestfrom the Professional Standards Lieutenant. The accused employee and the
complainant will be notified, in writing, of any granted extensions. The Professional Standards
Lieutenant will notify the employee, in writing, of the status of the investigation and will provide
an explanation of any delay. Except under exceptional circumstances, as determined by the Chief
of Police, the employee will be advised within fifteen (15) days of the completion of the command
staff review. An employee or the employee's representative may contact the Internal Affairs Unit
at any time to ascertain the status of any pending investigation.
8. An employee will be given the opportunityto explain their actions to the Chief of Police prior to
the imposition of any disciplinary action. Prior to any hearing with the Chief of Police concerning
possible disciplinary action, an employee will be allowed access to all information and/or
documents upon which the contemplated discipline is based, unless in the judgment of the Chief
of Police circumstances warrant anonymity.
9. The Police Chief or designee will notify thecomplainant, employee, the employee’s union
president and the employee’s Lieutenant and / or Division Head, in writing, of the disposition of
the investigation.
10. The department maintains digital photographsof all current Portland Police Officers. The
department reserves the right to allow complainants or witnesses to view these photos to
identify officers whose identity is material to an investigation. Officers may be required to
periodically have an updated photograph taken.
11. All other medical or laboratory examinations,photographs, line-ups, and disclosures of financial
information will only be requested of employees if they are material to a current investigation and
only upon individual written authorization from the Chief of Police and in accordance with law.
12. Employees will only be asked to submit toa polygraph examination if the examination is material
to a current investigation and only upon individual written authorization from the Chief of Police
and in accordance with law.
L. Citizen Review
1. Per Chapter 2 of the City Code, the PoliceCitizen Review Subcommittee [PCRS] of the Civil Service
Commission shall review the investigation of external complaints.
2. Internal investigations shall be forwarded tothe PCRS only after final disciplinary action has been
taken and all appeals exhausted or the case has been closed with no disciplinary action.
M. Confidentiality / Public Comment
1. Internal investigations are conducted forthe internal use of the Portland Police Department.
These investigations are to be kept confidential in accordance with state law. The department
reserves the right, however, to provide information regarding investigations to the department's
legal counsel, the Maine Criminal Justice Academy, the PCRS or the appropriate prosecutorial
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authority, if warranted. All other releases of investigative information will be done only as
ordered by a court.
2. For legal, contractual, and policy reasons,public comment on internal investigations shall be
limited to the Chief of Police or the Chief's designee. Inquiries from the news media or public
shall be referred to the Chief of Police. The items of information released by the Chief of Police or
theChief's designee upon request will be in accordance with applicable state and federal Law.
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INTERNAL
AFFAIRS UNIT
ORIENTATION
Portland Police Department
Page 13
1
Presented PCRS Meeting 09/16/2025
Month Year
AGENDA
01
Professional Standards Division
02
Internal Affairs External Complaint Process
Some depictions/graphics generated by City Google Gemini AI
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PROFESSIONAL
STANDARDS DIVISION
Mark Dubois
Chief of Police
OPEN Dan Hondo Jason King
Major of Major of Major of Uniformed
Administration Investigations Operations
Professional Standards Criminal Investigations Five Patrol Teams
Operations Support Crime Analyst Behavioral Health Unit
Emergency Communications Community Policing Unit
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PROFESSIONAL
STANDARDS
& INTERNAL LIEUTENANT Jacob Titcomb
AFFAIRS Job duties include direct oversight of the Internal Affairs Unit and
Training Unit. Specific roles include incorporating all information from
internal fact-finding investigations into formal recommendations,
review of all use of force investigations, maintaining the internal affairs
and application of force RMS, administering the Departmentʼs BWC
access/software, and completing annual reports for application of
force, cruiser crashes, and Internal Affairs investigations.
SERGEANT Sara Clukey
Job Duties include conducting fact finding investigations for
complaints against officers, conducting background investigations for
job candidates for officer, dispatcher, and civilian roles within the
Department, and conducting training for new hires related to the
internal affairs process and force reporting.
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Date
INTERNAL The Portland Police Departmentʼs core values are
Leadership, Integrity, and Service. The main function
of the Internal Affairs Unit is to ensure Integrity. This is
AFFAIRS UNIT done through three pillars.
MISSION
01 Standards 02 Accountability 03 Procedural Justice
To establish uniform procedures for receiving, investigating, reviewing, addressing and analyzing complaints of misconduct or
violations of law or department policy or procedure by police personnel with the intention of providing a thorough, timely,
objective, and fair review that will serve to protect the public, the department and the employee. SOP 90I
The Portland Police Department and the Maine State Police are the only law enforcement agencies in Maine which have
dedicated units for the investigation of officer complaints & misconduct.
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SOP Purpose (SOP 90-I)
Fair Objective
Is the process impartial Is the evidence viewed,
and balanced. analyzed, and balanced in
an unbiased manner.
Thorough Timely
Was enough pertinent Was the investigation
information gathered and completed without
documented to establish a unreasonable delay, using
definitive disposition. 60 business days as a
guideline.
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INTERNAL
AFFAIRS
EXTERNAL
COMPLAINT
PROCESS 7
Page 19
Month Year
BASIC COMPLAINT FLOW
Drafting of
Command Staff Post final disposition
Investigation &
Review action(s)
Disposition
Category U
Complaint
Complaint is Made/Received Professional Standards Triage
Final disposition
Legal Review
notification(s)
Internal Affairs
Pre-disciplinary Final disposition
Sergeant Legal Review
Notification notification(s)
Category 1 Investigation
Complaint
Category 2
Lieutenant Post final
Complaint Command Staff Pre-disciplinary
Assessment & disposition
Recommendation
Review hearing/waiver
action(s)
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NUMEROUS METHODS
HOW A COMPLAINT
IS MADE IN-PERSON COMPLAINTS ARE THE PREFERRED
METHOD
CONCERN MUST MEET THE DEFINITION OF A
COMPLAINT
● SOP 90 “A clear, specific, and reasonably credible
allegation of employee misconduct which, if true,
would constitute a violation of law, order, directive,
rule, regulation or department standard operating
procedure. An inquiry about police procedure or
department policy is not a complaint.ˮ
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IN-PERSON
COMPLAINTS
IN-PERSON COMPLAINT RECEIPT
THE COMPLAINT IS RECORDED, IF POSSIBLE
ASSESSMENT & DOCUMENTATION
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ADDITIONAL COMPLAINT SUBMISSIONS
Online
Complaints submitted through the online form. This is
directly on the PD website under “Online Servicesˮ. The
PD website also has a link to the PCRS website, which
also contains a link to the online complaint form.
Furthermore, the complaint form is available through the
Cityʼs “Online Forms Portalˮ. There are translated
complaint forms located on the PDʼs website as well.
Complaints submitted online are received by the entire
Command Staff, Police Attorney, PR Lieutenant, and IA
Sergeant.
Email & Written Telephone
Letters/notes either mailed to the PD or received via These are infrequently received, but would generally be
email (generally to the Chief of Police). received by the Shift Commander on a recorded line.
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TRIAGE PERIOD
(Information
Collection)
INFORMATION GATHERING POSSIBLE COMPLAINANT ASSESSMENT
CONTACT
PS Lieutenant & IA Sergeant IA Sergeant Professional Standards
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TRIAGE PERIOD
(Recommendation)
Allegations
Category
Category U Found to be unfounded or within policy with immediately
available evidence.
Category 1 Generally minor violations
Category 2 Generally more serious violations, or does not definitionally
fit in the other categories.
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TRIAGE PERIOD
(Investigation Confirmation)
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COMPLAINT/INVESTIGATION TYPES
COMPLAINT
INVESTIGATION
CATEGORY 1
CATEGORY U
CATEGORY 2
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Category U Process
1 2 3 4 5
PS Lt. Assessment Post Disposition
Legal Review Command Review Notification(s)
& Recommendation Action(s)
The investigation & The investigation and The investigation and The complainant and Information is logged
disposition is drafted disposition is reviewed disposition is reviewed officer are both notified. into IA Pro. Moved for
with official by the police attorney. by the Command Staff. sharing with PCRS.
recommendation of
finding and
Categorization
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Category 1 & 2 Process
1 2 3 4 5 6 7 8
Internal Affairs Assessment & Command Pre-disciplinary Post Disposition
Investigation
Legal Review Notification(s)
Hearing
Notification(s)
Action(s)
Recommendation Review
The investigation The letter of The The All but sustained: Sustained: Sustained: Information is
& disposition is transmittal is investigation investigation logged into IA
drafted with drafted by the and disposition and disposition Pro. Moved tor
The complainant Labor law and The complainant
official PS Lieutenant. is reviewed by is reviewed by sharing with
and officer are CBA provides and officer are
recommendation the police the Command PCRS.
both notified. the officer the both notified.
of finding and
attorney. Staff.
Categorization. Category 1 only: right to a hearing
The Shift Sustained: with the Chief to Sustained:
Lieutenant state their case
Category 1 only:
drafts the letter prior to any
May be diverted The officer is Discipline is
of transmittal, finding with
to investigation notified of a administered.
by the Shift which is recommended discipline being
Lieutenant at the incorporated sustained finding. finalized.
direction of the into the
Major. investigation.
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Fact-Finding in nature
Sends notices
Internal
Conducts interviews
Affairs
Sergeant Collects information from PD systems
Investigation Interfaces with other agencies
Compiles report with all data
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IA SERGEANT INVESTIGATION
CONSIDERATIONS
Officer Interviews SOP Officer Interviews CBA
● The past practice has been established to ● Officers have the right to a union
serve all officers with Garrity. representative and legal representation
during their interview.
● Unless there is a criminal investigation, in
which case the officer will be requested
to provide a voluntary statement. Timeliness SOP & CBA
Officer Interviews CBA ● “An employee who is the subject of a
complaint should be advised of the final
outcome of the investigation, in writing,
● Must be conducted at a reasonable within 60 business days of filing the
time. complaint.ˮ SOP
● Must be limited to questions “directly, ● “The investigation will be conducted without
narrowly, and specificallyˮ related to unreasonable delayˮ PBA & SOA CBA,
similar language in SOP
the alleged violation.
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Consults with IA Sergeant during
fact-finding investigation
Assesses completed IA Sergeant
investigation
PROFESSIONAL
STANDARDS Analyzes all information and
formulates a recommendation for
LIEUTENANT finding/disposition (letter of
transmittal)
Manages investigation timeline and
processes.
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FINDINGS
UNFOUNDED EXONERATED NOT SUSTAINED SUSTAINED CLEARED
EXCEPTIONALLY
Reasonably credible The incident occurred, but The alleged complaint is The alleged complaint is ● There is no indication,
evidence exists to indicate the employee’s actions were unsubstantiated no violation substantiated. Sufficient beyond the initial complaint,
the complainant’s justified, lawful and proper. of Department rule, evidence exists to indicate of an actual violation of
department rule, regulation,
allegations are false, not regulation or procedure, or that the employee did, in
procedure, or law, and / or the
factual or without merit. local, state or federal law. fact, commit one or more of complainant voluntarily
the alleged violations. The withdraws, or does not
Department shall have the cooperate or participate with
burden of proving that a the complaint / investigation;
violation is sustained by a or
preponderance of the ● Departure of the subject
employee makes an
evidence.
effective investigation
impossible; or
● The employee's actions were
based upon and compliant
with existing policies,
procedures or directives that
appear to have been
ambiguous or deficient.
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Category 1 & 2 Process
1 2 3 4 5 6 7 8
Internal Affairs Assessment & Command Pre-disciplinary Post Disposition
Investigation
Legal Review Notification(s)
Hearing
Notification(s)
Action(s)
Recommendation Review
The investigation The letter of The The All but sustained: Sustained: Sustained: Information is
is conducted by transmittal is investigation investigation logged into IA
the IA Sergeant drafted by the and disposition and disposition Pro. Moved tor
The complainant Labor law and The complainant
(generally). All PS Lieutenant. is reviewed by is reviewed by sharing with
and officer are CBA provides and officer are
information is the police the Command PCRS.
both notified. the officer the both notified.
collected and
attorney. Staff.
documented. Category 1 only: right to a hearing
The Shift Sustained: with the Chief to Sustained:
Lieutenant state their case
Category 1 only:
drafts the letter prior to any
May be diverted The officer is Discipline is
of transmittal, finding with
to investigation notified of a administered.
by the Shift which is recommended discipline being
Lieutenant at the incorporated sustained finding. finalized.
direction of the into the
Major. investigation.
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Page 35