Civil Service Employment Subcommittee — Portland, ME
Date: 2025-09-16
Time: 18:00

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

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




 Page 1
 ‭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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 Page 2
 ‭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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 Page 3
 ‭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


 ‭3‬

 Page 4
 ‭·‬ ‭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.‬



 ‭4‬

 Page 5
 ‭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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 Page 6
‭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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 Page 7
 ‭·‬ ‭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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 Page 8
 ‭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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 Page 9
 ‭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.‬




 ‭9‬

 Page 10
 ‭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


 ‭10‬

 Page 11
 ‭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.‬




 ‭11‬

 Page 12
 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
 Page 14
  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



 Page 15
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.




 Page 16
 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 90I


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.

 Page 17
 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.
 Page 18
 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)

 Page 20
 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




 Page 21
 IN-PERSON
COMPLAINTS
 IN-PERSON COMPLAINT RECEIPT




 THE COMPLAINT IS RECORDED, IF POSSIBLE




 ASSESSMENT & DOCUMENTATION




 Page 22
  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.


 Page 23
 TRIAGE PERIOD
 (Information
 Collection)




INFORMATION GATHERING POSSIBLE COMPLAINANT ASSESSMENT
 CONTACT

PS Lieutenant & IA Sergeant IA Sergeant Professional Standards


 Page 24
 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.


 Page 25
 TRIAGE PERIOD
(Investigation Conﬁrmation)




 Page 26
COMPLAINT/INVESTIGATION TYPES


 COMPLAINT
 INVESTIGATION




 CATEGORY 1
  CATEGORY U
 CATEGORY 2

 Page 27
 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




 Page 28
 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.
 Page 29
 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
 Page 30
 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.
 Page 31
 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.

 Page 32
 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.


 Page 33
 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.
 Page 34
Page 35