> APD MANAGEMENT 3215 Mala Street (Unk 303) Tewksbury, MACIB7S (o78)3365220 Alfred P. Donovan Special Investigator NORTHAMPTON POLICE DEPARTMENT INVESTIGATIVE REPORT Dated: October 10th, 2017 In the Matter of: Lieutenant Alan BorowskiTable of Contents 1 mivesnganvepiecrive 1 store oF wwesrigaTiOn BACKGROUND FORMATION IV. ALLEGATIONS, NDING AND DISCUSSION ‘Allegation #1-mroper Removal of ms frm Drug Drop Box | Sustained ‘Alegation#2-Useot legal, Non-Precibed Strode | Unfounded. ‘Additional Poly Velatons~ Sustained. Fattre toto | Sustained. Viltion of han of Custody Procedure | Sustained LUST OF EXHIBITS |. donymos ComploitRecsved August 14, 2017, Northonyon Face Deparment: AOM Chole 251 Czen Compl &llral Alas Ply Norhomyon Pace Deparment AOM Chale 54 Madicn Disposal Drop Box Uat rid Jun 7, 2013 — Sapte 10,2017 ‘ansrd September 1, 207 latriew of estenan Aon Borowsk! Writes Ocetva From he Kasper dated September 2, 2017 Competing Report ewes! rows Email Rosponse a Chit Kaspe's Wien Dietv dated Sept.21, 2017, Sept oftavenant Soros Entaig the Oxyadone Pils Int Evdence deed Febrary 10,2016 Us of Frsonslateriewod Dating Course of Thi vestigation aii Disposal Drop to 10, Nonenyion Foc Deperinat AM Chapa 0.425, Vie Drage and Orgone ine 11. Moctanyton Paice Deperimen HOM Chapar 0402, Evidence nd Property Honig Precodres vader Sion I Chala of Custedy ProcedoesNOTICE AND WARNING ‘+ THE CONTENTS OF THIS REPORT MAY CONTAIN PERSONALLY INDENTIFIABLE INFORMATION INCLUDING POTENTIAL CRIMINAL ‘OFFENDER RECORD INFORMATION. ‘THE CONTENTS OF THIS REPORT MAY CONTAIN SENSITIVE INFORMATION REGARDING SECURITY ISSUES, ‘+ THE CONTENTS OF THIS REPORT MAY CONTAIN UNCORROBORATED OR, UNSTAINED ALLEGATIONS OF MISCONDUCT BY TOWN EMPLOYEES OR CIVILIANS, * THE CONTENTS OF THIS REPORT MAY CONTAIN PERSONNEL FILE INFORMATION. ‘THIS REPORT, OR PORTIONS THEREOF, MAY NOT BE A PUBLIC RECORD. * PLEASE CONSULT WITH TOWN COUNSEL PRIOR TO ANY INTERNAL OR EXTERNAL DISSEMINATION OF THIS REPORT OR EXHIBITS. This report contains confidential and sensitive material which should be redacted before distribution outside of the scope of the Appointing Authority and the Police Department. ‘The material which must be reviewed and redacted includes the report: 4nd exhibits and includes the names of any juveniles, addresses, dates of births When appropriate, social security numbers or any other Information which should not be disclosed publicly. Itls the responsibility of the City of Northampton to ensure that this ‘material is properly redacted before distributing copies.1 INVESTIGATIVE oIRECTIVE ‘The undersigned, Altied P, Donovan, hereinafter refered to as the “Investigator, has ‘been directed by Northampion Poke Chief, Jody Kasper, to conduct. roa adminisatve Sinvestigton ino the conduc of Northampton Plise Linstnart Alan Borowal a it reas to aan anonymous complaint recsived by tke Northampton Police Department regarding two sllegons of misconduct apuns Liewenant Borowski which relate to the performance of his official duis and his general fines to serve as police officer forthe City of Northampton. Ml SCOPE OF INVESTIGATION ton was to (a) review the attached Exhibits, related materia, es, procedures, rules ani regulations (6) conduct interviews deemed necessary and (6) ‘employ any adltional investigative efforts needed to make a determination as to what, i any, {1 omission or other conduct preted by Lisuenant Alan Borowaki, as alleged in the snorymous compleint or otherwise bough forth rough the investigative process, violated eny ofthe Nonhampton Police Depanen'’s Policies, Procedures, Rules or Repulslins or statutory laws ofthe Commonwealth of Masichuts,I BACKGROUND INFORMATION (nor stout August 28, 2017, his Investigator was conlced by Northampton Police Cain John Caedge who infomed me NPD had received an anonymous complaint regarding Northampton Plc Liewenant Alan Borowski alleging he mishandled rus end was persontly sing Mega, nonprescibed seid. Capiin Carledge was seeking advice ast the proper ‘pplication of drug testing procedures in situations similar othe one before im, On Augist 30, 2017, Captain Cartedge again contacted me, this time requesting my ssistance with he investigation of Lieutenant Borowski. AMler reviewing cursory material and dressing preininary matters, I met with Chet Kesper, Copiain Carthage and Captain Clayton ‘on September 12,2017, o discuss investigative strategy, ‘The preliminary investigation revealed tha the Northampton Plice Department received ‘an envelope on August 14,2017, with no return address o other mean af identifying is author. ‘The envelope contained an unsigned, typewritien leer (oe attached “Anenymeis Complaint ReraivedAugest 14,2017" marked as Exhibit #1) which contained the following statement: ‘since you don't have 2 freaking clue about what attually goes on Inside these @ walls, heve is» hint for you ‘Check the comers that eyes the drug drop box around the time that the overdose occuered involving [redacted], Why would = supervise be opening and digging through it and then removing Pits from 119? You should ask your detective head. You may want to plss test him, too. He's eyeling and has been for years. Time for him to g0." CCim2en Comat Pouicy‘The Nortampton Police Departments policy on citizen complaints i covered in AOM. “Chapter P.251, Citizen Complaints & Internal Affairs Policy (ete copy attached macked as Exhibit #2) which tats, n part, the following: “it Is the Policy of the Northampton Police Department to Investigate all complaints against. the department and it employees, regardless of the source of such complains, through 3 regulated fair, and impartial Internal affales program.” ‘The investigative strategy focused on the two main allegations raised in the anonymous letter, namely: (1) Did Lieutenant Borowski open the drug drop box in the lobby and remove pills (now known tobe Oxyeodone pil) an 50, was doing soa violation of any NPD policy? and (2) Was or is Lieutenent Borowski personally abusing ilegsl,non-peseibed steroids? ‘The Northampton Police Department hus « policy in place regarding the drug drop box focated inthe NPD lobby (se attached “HOM Chapor SU Medi Dispesl Drop Box Unt" masked as Exhibit #3) (ercinafer, NPD Drop Box P ). The NPD Drop Box: Policy stipulates that the rug drop box may only bs opened in the presence of two NPD officers. Said policy als requires «log entry be made wherever items ae removed from the box. Specialy, office's removing items from th dug drop bx re equred to record the following tems in "Metin Dispos Drop Box Log”: () The date and time the items were removed (i) the names and ID#'s of both offices present when the items were emoved, (i) the property number assigned to the item(s) and (Wv) the date and tine the items were picked up by the Hampshire County Sherifts Deparment ‘There is no recordin the log of Lieutenant Alan Borowski removing eny items from the drug drop box during the period June 7, 2013 ~ September 10, 2017 (eee atached “WadingDispel Dop Box Log” forthe relevant period marked as Exhibit #4), Note forthe record that Lestenant Alan Borowsi's ID umber is 161 and tha the events which are the subject of he this allegation occured sometime in early 2006. Also nate Ua the area inthe Northampton Police Deparment lobby whee the drug dap bx is located is surveyed by the NPD video surveillance syste Dru Testins Poucy Regarding the ilepl, non preseibed sterol wse allegation, the Northampton Police Departmen doesnot have «random drug testing policy and drug testing isnot specify covered by the collestne bargaining agreement between the City of Northampton and the relevant NPD union. The City would therefore heve to meet a “easonable suspicion” standard ‘on order to compe Lestenant Borowski to patsipate inn drug ts for legal, non pesribed steroids. isthe opinion ofthis nvesigmtr ten enonymous leer slone doesnt sty the prerequisite "easonable suspicion” requirement. Accordingly, 8 covered later n ths repr, interviewed several of Liewesant Borowski's co-workers atemping to corobore thi atleption tough thei testimony 'V__ ALLEGATIONS, FINDINGS AND DISCUSSION Allegation #1 ~ Improper Removal of Items from Drug Drop Box | Sustained | find, upon witmess to all testimony and review ofall other relevant evidence in this i using the preponderance ‘investigation, in particular the odmissions of Lieutenant Alen Borowski * ‘Aboud the anonymovs ltr was received on Aus 14,2017, the events t which the author refere ‘occured sratine next 208. NPD dee nt mann vido archives dt bck to the pig of na in ‘usstn. 4‘of the evidence standard, that Lieutenant Alen Borowski Department’ Policies: AOM Chapier S04 Medicine Disposal Drop Box Unit (Exhibit #2). During his interview on September 18, 2017, Lieutenant Borowski was asked if he had ‘ever emptied the drag drop box in the lobby without another officer present and Lieutenant Borowski answered in the negative, (eee attached “Tonsibed September 18, 2017 Intervinw of Uaotenont Alon Recon" marked as Exhibit #5) ‘After intervewing Lieutenant Borowakl this Investigator recived aditonl information from another source eparding Lieutenant Borowski depositing and removing pills fom thedrug, Arop box. After resving that nformtion Lieutenant Borowski was informed be could expect to receive a writen ader fom Chief Kasper reauirng him to answer specifi: questions sbout that subject mater. At tht pitt Lieutenant Borowakiindiated he waned to speak o me agin and would do so without won rpresenation, I detined to speak to Liewenant Bord wikout his epresentive present and ol him it was Tikely he woud be reinteviewed ater I received and reviewed his answers to Chie Kaspe's questions (On September 20, 2017, Lieutenant Borowski was issued a written directive fom Chief ‘Kasper requiring him to answer © series of questions releting to his receipt and subsequent Inanling ofthe Oxycodone pis (ste stached “Mian Dcaive Fram Chet Kespe deed Sop 20,2017 Competing Report” marked as Exhibit #8). Lieutenant Borowski responded to Chief Kasper's written diesive via email to Chief Kasper dated September 21, 2017 (ee attached “Uevtnent Rorowsk's mall Respnse 10 Chie sper’ Witen trv dated Soplomber 21,2017" marked ne Exhibit #7)‘The majority of Lieutenant Borowsk's aswvers were consistent with information this Investignor had received during previous interviews with subjects who had knowledge of the incident, Lieutenant Alon Borowski explained the IMI toate idenied se FF#1) ‘wi lived ouside Northampton epproched him sbout disposing of certain pills (which we now ‘row tobe Oxycodone pil) which FF AEB tereater identified as FF¥2) may have been abusing, Lieutenant Borowekl reported he tld FFI o drop off the pil tthe Northampton Police Department. FFA reported that when he arived a the NPD saon lobby 1 deposit the (Oxycodone pills he was uncomfonable sking ax officer for key tothe drug drop box and therefore wet to see Lieutenant Barowek for asitance, FFFHI reported he spoke to Lieutenant Borowski shout the pills and about geting treatment for FF#2. Lieutenant Borowski took custody of the pills end told FF#I he would ispose of them and speak to FFE2 about his drug abuse problem. Lieutenant Borowskl also ‘reported that Oxycodone pills of a similar type were being distributed inthe Northamplon ea and were causing overdoses due tothe potency ofthe dru. Lieutenant Borowski reported he deposied the pls into the NPD drug drop box for ‘estraction sometime afer FF#I brought them ia. At some afr aking custody ofthe pils, Lieutenant Borowski had a conversion with Northampton Police Detective Peter Feppiano who is assigned tothe Regional Drug Task Force and lf the conversation believing the Oxycodone pills wer not needed a part of vg nvestigation, Lieutenant Bora in his response (o Chie Kasper, sates:“Wot believing they were evidence of any nature, {put them in the box for destruction". — it was my belief through our prior onversetions that all of [Oetective Fappiano's} interviews we done and he would not and could not charge snyone In this case so there was no need to maintain possession” (Exhibit #7) However, Lieutenant Borowski repre that he ale esmed the Oxycodone pil should have been reisned as evidence and should not have been placed inthe dug drop box for estrclon, Consequnly, Liewerant Borovski reported thet Ne then blained a Key and opened the drug drop box and reveved the Oxyeodoe pills. Lietennt Borowad indicted he ‘vas lone when bereaved the pls however Detective Fappiano is adamant he was present at tha time ond has very lear memory ofthe inside. Lieutenant Borowski reported he then entered the Oxycodone pill into evidence in the evidence end Northampton Police Department's evidence room, The pls were recorded were documented appropriately in a bie report fled by Lieutenant Borowski (see attached *epart aU Back Etering the Oyen lsat Erdonce dated February 10,2016" marked. ss Exhibit #6) ‘The Nothampton Police Department's Policy: AOM Chapter 0-504, Medicine Disposal Drop Box Uni, Section Il Procedures, subsection B: Emptying ofthe Drop Box Unit, provides the folowing: 1, The Drop Box Unit shall be checked on 8 blowe ly basis to Insure that it does not have overflow.e 2. Once full, two (2) Police Officers, one (1) of whieh is to be 3 Supervisor, will emave the contents ofthe Drop Box Un 3. The contents shall be placed Into 2 cardboard box, and that box shall be immediately s ied with tape, Both the Officer ‘and the Supervisor will date and sign thelr names over the seal of sald cardboard box. 4. A card is to be entered into the dally log, and a property ‘umber is tobe assigns. 5. The box shal then be placed into the evidence room, 6, The Hampshice County sheriff's Department will be the agency that collects and transports the contents of the Drug Drop Box Unit for destruetion, That i usually done on the thied (3rd) Friday of each month, Po 7. A Journ shall also be kept and shall contain the following Information: 2. ‘The date the Drop Box was empti b, The names of personnel emptying the Drop © The property number assigned 4. The date of turnover to the Hampshire County Sherlf's Department, as well as the name of the Sherif. Inve, the contents ofthe drug op box preset an ivan for malfeasance ether for Eoancal gin or personel drug abuse. Accordingly, as demonstrated by the comprehensive ‘Procedure it has in place, the Northam Police Department gosto great ents to sfepuard ‘the scuty ofthe drug drop box in order to ensre the public's rst in the system, The “Two “Ofer Rue” and the necesity ofa died lg entry whenever the box is emptied a two ‘comertone security requtements which cannot be sidestepped under any cireumances as¢ ‘doing s0 undermines the core nt of the procedure and subjects the violator to justifiable suspicion, Lieutenant Borowski isthe Detective Lisulenant in charge of the Criminal Bureau and the evidence room flsurder his tet supervislon. His explanation for his orginal placement ofthe ils into the drug cop bo and ot nto evidence was that it was caused bya mistake in communication with Detective Fapiana, And while inthe explanation plausible, Lewenant Borowsk's subsequent opening ofthe drug. drop box and removal of the Oxycodone pill without complying with the NPD Drug Drop Box Policy was a very poor decision and an unambiguous violation of ssid policy. Liewenant Borowski's admission that he removed the Oxycodone pills from the NPD drug op box without properly documenting his actions fn the log or memoriliing the withdrawal of the Oxycodone pills in some accountable manner is & violation ofthe NPD Drug Drop Bax Policy. ‘Accordingly, the llegation contained inthe anonymous letter that Liewenant Borowski sete inappropriately wen he opened the drug drop box snd recieved narcotic pills without propely documenting hisactions is SUSTAINED. 1s important to reiterate that his Investigator doesnot find Lieutenant Borow's act of placing and subsequenty retrieving the pill a violation of any NPD policy. Rather, twas the ‘manne in which same was accomplished and thus the violation is narrowly limited to failure to ‘comply withthe documectation and other above stated requirements ofthe NPD Drug Drop Box Policy. Allegation #2- Use of llegal, Non-Prescribed Steroids | Unfounded| find, upon witness to al testimony and review ofall other relevant evidence inthis Investigation, using the preponderance ofthe evidence standard, tha he allegation contained in the anonymous eter tat Lieutenant Alan Borownkl i using legal, non-pesribed trode is UNFOUNDED. In support ofthis finding end conch 5 present the following fects and evidence; Lieutenant Alan Borowski was interviewed by this Investigator on September 18, 2017, ‘the Northampton Poze Station (Exhibit #5). Lieutenant Borowski appears to bea physically ‘individual bt doesnot appear to be overly musclebound or have distorted characteristies or size, Lievenant Borowski denied aay pre presenily using any typeof illegal steroids, Levan Ao i QA EE iene (Chief Kesper fr further consideration, ‘This Investigator interviewed nine members of the Northampton Police Deparment's Detective Bureau. (ee sttached “List of Prsas Interviewed During Course of This nvestigain" marked as Exhibit #9), [No member ofthe Detective Bureau had ary direct knowledge of witnessing Lieenant Borowsti use legal, non-presrbed steroids or having seen them in his possession. A few eects provided formation regating usubstantsted rumors or provided examples of behavior which they sate Lieutenant Borowski exited similar to commonly known side effects associated wih sierid se but the rumors were fllowed up and found wo be ‘msvbstaniated, FrSeveral know associates of Lieutenant Borowski were interviewed andthe also di not ‘coroborate the allegation of steroids use on the part of Lieutenant Borowski In fect they decribed him as «workout feak” who does cardio inthe morning and then spends treet four hours in the gym at nigh. They went on to explain that Lieutenant Borowski has his meals _dlivered because of hie concern fr his mu and is genera health. ‘As noe th City of Northampton would have to meet the reasonable suepcion standard ‘in oder to compl Liutrant Borowsito participate fn forced drug testing for steroids. As sted previously inthis report i isthe opinion ofthis Investigator that an anonymous lter lone is insofficleet to meet the reasonable suspicion burden, Furthermore, there was no corroboration ofthe steroid us allegation forthcoming from eny of Lieutenant Borowski’ co- workers interviewed by ths Investig. Accordingly at est for purpose ofthis investigation, tha inguiyis moot because the burden as not ben met However, afer his interview on September 18, 2017, Lieuenant Borowski indicated to this Investigator that he would voluntarily submit to drug test fr ilegal steroid in order to clear up any rumors or allegations. That message was relayed to Chief Kasper. On September 25th, 2017 Chief Kasper informed this Investigator that Liewenant Borowski had voluntarily sub to 2 drug testing procedure forthe illegal use of steroids and the tet result were submited to Chief Kasper for review. ‘The allegation that Lieutenant Borowski is using illegal, nonpresribed steroids is ‘UNFOUNDED. ‘Additional Policy Violations - SustainedDuring the course of the investigative process two additional NPD policy voltions were brought to light, nemely: Falluretotnform | Sustained ‘The Northampton Police Department Policy: AOM Chapter 0-425 Vice, Drugs and Organized Crime under; I levest ative Authority Seetion C (see copy attached marked ax Exhibit #10) requires the following: month, the Detective Lieutenant shall Inform the Chief of Poi or her/his designee: in person or in writing concerning Vice, rugs and/or Organized Crime activities. Lieutenant Borowski filed to noity any of his supeors tat he authried an investigation by Detective Fappano and the Drug Task Force ino stvites of his person friends ond scqunintances and that he enlered and removed potential evidence (11 Oxycodone pil) fom the NPD drug drop box. Accordingly, hs failure tos inform was a violation ofthe above referenced policy. The violation of policy is SUSTAINED. ‘Violation of chain of custody Procedure | Sustained ‘The Northamplon Police Department Policy: AOM Chapter 0-402, Evidence and Property Handing Procedures under Section Il Chain of Custody Procedures (see copy attached ‘marked as Exhibit #11) requires, in part, the following:Oo To ensure the admissibility of evidence at + criminal trial, the police must be a hal to establish 2 “enala of possession or custody". of possession means an officer must be able to account for the hendli examination and storage of the evidence by everyone ‘volved, 4 Complete incident Narrative: An officer ingng property to this Department shall complete 2 description In his/her offense report detailing the elecumstances by which the Items came Into the Department's possession Complete Entres in Evidence/Property Segment of Offense [eport: As soon 25 possible, submitting oficers shell enter all information requires by the computer generated Offense Report for every item of evidence ar property coming Into their possession (with the exception of found keys), f the ‘owner of salé property requests that 9 receipt be ma then one shall be given to him/her. Officers shall ensure ‘that required Information i entered prior to the end of their tour of duty. ‘Turn items Over to Officer-in-Charge (OIC): The submitting officer shall then tusn all Items over tothe IC, who shall place such items In the appropriate storage/lacker Ofticers shal ensure that al tems of evidence/property are submitted to the OIC prlor to the end af their tour of duty However, where circumstances occur that evidence cannot be submitted to the OIC at the end of the shift, with the approval of the OIC the evidence wil be logged and properly secured until such time that it ean be processed accor 1. Place in Proper Storage Area: The OIC is responsible for placing at! evidence/pro Wy received in either the evidence/property locker, éeop safe, tempor caged area, records area or reigerator as prescribed 2In this directive, prior to the end of his/her tour of uty. Note, exception detailed in eection ¢ atove, {Refer to AOM 0402.2 Property Storage Guide} 2 compl te Entries In Evidence/Propery Log: ‘Whenever evidence/found property items are placed In any of the above noted locations, the O1C submitting the items. sha complete all requires fentries In AOM 0402.6 Evidence/Property Log . The entries shall Includ date and time the Kems were logged tn, the compute nerated property number, the location of storage and the IC's signature (84.15) Responsibility of Evidence/Property Control Officer: The 6/P Contre! officer shall be responsible for reviewing the Evidence/eop ty Log and when necessary, moviog Rems from the temporary storage area(s) tothe proper permanent secured storage area(s (. 1 evidence room, drug se, aun sale). He/she shall complete AOM 0402. Evidence/Property og, and shall ensure that departmental computer leviderce/praperty tracking screens are completed Indicating the new location of the evidence or property. Eviderce Room Entey Log: Any authorized person entering the Evidence Room will only gain access with the uie of their bsued key FOB. This process wil electronically record the date, time and name of the Individual entering the feviderce room. if an unauthorized person enters the room (accompanied by an authorized person) an entey wil be made on AOM 0402.0 Evldence Room Entry Log. Record Chain of Custody: Whenever evidence or property is released, exchanged of transfer such transfer of custody) shall be recorded on AOM O402.€ Evidence/Proy Tracking Log and/or computer data base, ty 6. Members of the Northampton Police Department who tssume custody of evidence or property ar fall responsibilty for ensuring its security, proper storage, maintenance, and for the ready retrieval of such evidence upon demand. Lewenant Borowski filed 10 properly document his actions when he entered and removed the 11 Oxyecdane pills from the NPD drug drop box, After roving the pills fom the drug drop box he entered them into evidence in Report H16-240 -PR /Call 16-4729, The report. uthored by Lieutenant Bork tated the following: "21 Su Onedone il wre ae oy (II coco is nvesigting* Te report i ins, IMMA icant Borowski fated wo propery reord and document the “11 Blue Oxycodone pills” as evidence in the investigation, filed to deteil the evidence in its proper ‘venue and filed to provide the details ofthe investigation such as; drug origin, suspects and the Final disposition as equired under the above referenced policy. All of which potentially Aisruped the lawful chin of estoy ofthe ils. ‘The Detective Lieutenant position operates es the Department Head of the Criminal Buren and i this cae Detective Liewenaat Borowski pt himself in a poston where he wes dirty involved ic an ongoing. invesignion Naame QI fis tue to Solow clearly writen directives allows for speculation and may ashave provided the appesrance of preferential treatment. Furthermore, had criminal proceedings resulted from the investigation a credible chellenge to the chain of custody of the Oxycodone pills may have been presented which could have prevented thir admission as evidence. ‘Accordingly, I find that Lieutenant Borowski did not comply with the requirements ofthe sbove referenced policy and therefore a violation ofthe said policy is SUSTAINED. Respectfully Submited by: Aljuid P. Doroun A> Special vesignor APD Management In. October 10h, 2017oO NORTHAMPTON POLICE DEPARTMENT INVESTIGATION LIST OF EXHIBITS ‘Aonynans Compt Rcaved Aust 14,2017 ‘orthomplos Plc Deperimet: ADM opt P-251 Cian Compo &Iteraal Airs aly ‘ortmpton Pl Depertmet: ADM hopler 504 dn isos Drop Bex Unt ‘edie Disposal rp Box Log for priad Jone 7, 2013—September 10,2017 ‘Transcribed Seplenber 16,2017 Interview of Veuannst Nas Browski ‘itn Dreive om Chie espe dated September 2,207 Canpeling Report Uieutenon Brews’ Ema Response to Cha Kasper’ Wits Dircive dae Sop, 21,2017 Report of eutene! Bacowsh Entering he Cxycodene Fs at videnc dtd Febroory 10,2016 Ust of Persons ntviwed Dring Cours of This lave Northempton oie Deparment ADM Copter 0-25, Vic, Drugs nd Organized Crime Merthemplon aie Depart ADM Chapter 0-402, rdons and rapet Resding Procedures der Section I Can of Custody Proelrasfor you~ ‘chrough itand then remavieg pl from it7? You should ask your detective head. ‘You may want to piss test him, too. He's cycling and has been for years. Time for bm to go.> AOM CHAPTER P-251 CITIZEN COMPLAINTS & INTERNAL INVESTIGATIONS Table of Contents 1. Introductory Discussion ‘A. Arelationship of trust and confidence between the employees of this police department and the citizens of the community is essential to the successful accomplishment of law enforcement objectives. All police employees are expected to conduct d themselves, whether on or off duty, in such a manner as to reflect fevorably upon themselves and the Department. The consistently high quality of this standard of conduct establishes and maintains the reputation of the Department and encourages the support of the community for police purposes and goals. ‘The Internal Affairs function is important forthe muinienance of ‘rofessonel conduct ina law enforeement agency. The integrity 4 the Northampton Police Deparment depends on ths personal integrity and discipline of each employee, To lange degree, the zublic image ofthis Department is determined by the quality of {hg Intemal Affairs Section in responding to allegations of ‘isconduict against the Department or its officers. ‘The primary responsibility of the Inemal Affaes function isto respond to allgstions of misconduct against the police department and its employees. Interal Affairs will” be responsible for recording, registering, and controlling the = investigation of complaints sgaint employees; supervising and } controlling the investigation of alleged taiseonductvilin the Deparment; and, maintaining. the confidentiality cf intemal(ten Cong a siting affairs investigations and records. Intemal Affairs will ensure that the integrity ofthe Department is maintained through an intemal system where objectivity, faimess and justi are assured by proper and impartial investigation and review. ‘The responsibility for supervising, conducting, coordinating, ‘maintaining the Intemal Affairs function of the Department with the Operations Division Commander (ODC), However Chief of Police shell be closely involved in all deci regarding findings and dispositions. Since an Internal AGiairs investigation involves allegations ‘against the police department and its employees, it is essential ‘thet the process not only be lawful, but confidential as well. This necessitates strict confidentiality and full adherence to procedure. fia ‘The objectives of an Intemal Affairs investigation are: 1, Protection ofthe public; 2. Protection of the employee; 43. Protection of the Department; 4. Corrective action, including removal of unfit personnel; and 5. Correction of procedural problems. All alleged or suspected violations of laws, ordinances, department rules, regulations, policies & procedures, and orders (verbal or written), must be investigated according to the procedures outlined for each, These include: (2.1.1) 1, Alleged violations reported to the Department's superior officers by other members of the Department, either orally or in writing; 2, Alleged violations, observed or suspected, by Department superior officers; and 3. Citizens’ complaints of alleged police misconduct which are made in person, by letter, by telephone, or anonymously (Gncludes prisoner complaint). Poge2 0016 Ls nethera M. Policy A. It is the policy of the Northampton Police Department to investigate all complaints against the department and its ‘employees, regardless of the source of such complaints, through a regulated, fair, and impartial internal affairs program. (921.1) B. A complaint shall be an allegation of misconduct, mistreatment, ‘oF unethical practices, Complaint Procedures A. Recording of Complaints: 1, The Officer-in-Charge (OIC) of the station at the time the complaint is made shall be responsible for the efficient and complete recording of any complaint made by pperson or received by telephone or mal 4, This initial contact between 2 complaining citizen and police authorities is a most important sage in the ‘complaint process as the complainant is often tense, angry, and emotionally upset, and the potential for hostility is reat. , The utmost courtesy, patience and cooperation should be extended to all citizens registering complaints or otherwise inquiring sbout complaint procedure. ©. No person should be denied an opportunity to register a complaint, nor should any such person be directed to retum or call back later. Whenever possible the complainant should be spoken with in private 2. AOM PaSt.a Internal Affairs Complaint Report will be used to record all complaints of misconduct, mistreatment, or unethical practices whether registered by a citizen, initiated from within the police department, or forwerded by another governmental agency, opr te Deezer ‘Amnon Sot a, . Pageshn agit rs sien The following information should be included on the complaint report form: QO (2) Date and time of complaint report; (b.) Name, address and telephone number of the complainant; (©) Name address and telephone numbers of eny witnesses to the reported incident; (@) Name, rank, badge number (or description) of the employee against whom the complaint is made; (©) Date, time and location of the reported incident; (£) Complainant's description of the incident which resulted in the complaint; (@) Signature of compleinant (if obtainable); (b.) Signature of parent or guardian, if the complainant is under eighteen (18) years of age; (i) Namo, rank and signature of department employee receiving complaint report. Complaint reports should be received by a supervisor in all cases, if possible. B. Receipt of Complaints: 152211 1. is made in person, the complainant shall be requested to complete AOM P251.u Intemal Affairs Complaint Report. The supervisor receiving the complaint ‘will ensure that the complainant receives a photo copy of hhisfher complaint to serve es a wrillen verification that the ‘complaint has been received. The supervisor shall ensure that hiisfher own name, rank and signature are on the form prior 10 submitting a copy to the complainant, (322.42) 8. Citizens making complaints in person should be requested to read over their completed repor, to make aay necessary corrections or additions and to sign their complaint, b, If @ complainant refuses to sign a complaint, notation to ‘that effect should be made on the complaint form. ©. If an officer on the street is approached by a citizen regarding a complaint of alleged misconduct ageinst an employee of the police department, the officer shal inform. ( demir Speen tea PetersCl Cane a sine such person that hisMher complaint should be directed to the OIC of the station. 2. When a complaint is received over the telephone, the OIC | shall be responsible for obtaining all required information and recording such on AOM P251.a Internal Affairs Complaint Report. He/she shall also be responsible for ensuring that the complainant is sent a copy of his/her own complaint to serve £5 a writen verification thet the complaint has heen recived Zee) © Citizens making complaints by telephone should be Informed that their signed complaint is requested; however, no telephone complaint should be refused of rejected because the complainant does not wish to sign a complaint form or because he/she does not wish to be identified. 3. When a complaint is received by mail, the OIC shall ensure that the allegations are documented on 40M P2510 Internal Affairs Complaint Report and the original communication ‘attached thereto, He/she shall also be responsible for ensuring ‘that a copy of such complaint form is sent to the complainant ‘ serve as written verification that the complaint has been received. [52..0 (2.246) . If the information received is insufficient or incomplete, the complainant shall be contacted, if possible, and informed of the Department's complaint procedure and any necessary additional information obtained, Intte-Departmental Complaints of misconduct against another Cepartment employee shall be initisted by the preparation of AOM P251.a Internal Affairs Complaint Report ® All intra-departmental complaints are to be submitted directly to the ODC or the Chief of Police, who will review such complaints and make a determination as to what oO 5. Brisoner Complaints: Any prisoner who alleges misconduct r mistreatment by & departsent employee shall be advised by soptenon ete Depmet . Aen Tron toe rapesertsC. Immediate Resolution of Complaint: (cen Conga und naan the OIC of his/her right to submit a complaint report form in the usuel manner. Such complaints should be investigated and. processed in the same manner as other citizen complaints. 6. The ODC shall provide written notice to the complainant ‘verifying receigt ofthe complaint for processing. (5224) 1. In some cases « complaint can be immediately resolved to the complainant's satisfaction by the OIC, when tsking an initial report. This should be reported in writing to the ODC and, if possible, acknoivledged in writing to the complainant. (1221) ‘8 This immediate resolution can often be accomplished if the incident is clearly not of a serious nature, oF arises from a ‘misunderstanding or luck of knowledge of the law, policy ‘or procedures, or of the limitation of a police officer's authority. b. Under no circumstances, however, will a justifiable complaint be refused, delayed, or atherwise rejected in this ‘manner, ‘Processing Complaints: 1, No complaint should be rejected solely because it is ‘anonymous, as snonymous complaints can often be a valuable source of information and should be considered on their individual merits, 2. Care must be taken, however, that the Depertment employees ‘are not subjected to tinjus, frivolous or capricious complaints. 3. All complaint reports shall be forwarded to the Oper Division Commander (ODC) for review and assignment. @. The ODC will assign an identifying number to every ‘complaint report, s0 that the processing of complaints can be carefully monitored. 4, Inform the Officer: Any employee who is subject of an ‘internal affairs investigation shall be provided with a written, ottamgon Pte, Degarnant . Peers Acciona Pthan Compl aa ego statement ofthe allegations via AOM P2S1.b Notification of Charges/Allegations. Further, the employee shall be directed ‘to this policy for a statement of their rights and | responsibilities relative tothe investigation. (5.1.6) IV. Investigative Procedures ‘A. Complaints tobe Investigated by a Supervisor s21.19122:) 1. Complaints to be investigated by a Supervisor may include such offenses as: a. Alleged rudeness; bb. Tardiness; and . Insubordinstion. 2. At the completion of the investigation, the Supervisor shall submit a full written report to the ODC regarding the findings. fend ‘B. Complaints Investigated by Intemal Affairs. 521.1622.) 1. The criteria for determining the estegories of com investigated by Internal Affairs include, but are not limited to: eatin 4 Complaints involving allegations of criminal conduct on the part of the employee; . Complaints involving allegations of civil rights infractions ‘on the part of the employee; © Complaints involving second or subsequent documented folation of a departmental rule, regulation or policy; 4. Complaints that, if substantiated, would rise to disciplinary fction more cevere than a verbal reprimand to dhe ‘employee; & Complaints involving investigations that would require the ‘employee to participate in a line-up, submit to a medical or laboratory examination, submit’ financial disclosure ooo ‘Adrisnraton Opeceans Wa, PIE)(Cuan Comp al nan statements, provide photographs for a photographie line-up, ‘or submit to a polygraph examination; or c £ Complaints which would require extensive follow-up or extensive investigative activity. ‘A. supervisor will be assigned to an intemal affeirs investigation by end under the supervision of, the ODC. Whenever an intemal affairs investigation is essigned to a Supervisor, he/she shall submit to the ODC a completed AOM P251.i Internal Affairs Investigator's Report regarding the findings of such investigation. (521.1) C. Investigation of Compeints 1. Any Internal Affairs investigation, that rise to the level of an intemal affairs investigation, must be commenced as soon as is reasonably possible upon receipt of the complaint and must 'be completed within twenty-one (21) days (unless extenuating, circumstances exist), 15223] 4. If the substance of complaint, if proven, would be of \ ‘grave nature or is an accusation of a serious crime and immediate action is deemed necessary, the Chief of Police, or the Operations Division Commander designated by the Chief of Police, shall be notified forthwith in order that an investigation can be initiated without delay. The ODC will notify the Chief of Police of the accusttion. This notification may be done verbally or in writing, (s222) b. Ifexigent circumstances preclude completion ofan internal departmental investigation within twenty-ons (21) days, ‘the ODC shall notify the employee and the Chief of Police in writing of those circumstances, ©. In addition, if exigent circumstances preclude completion of an investigation within twenty-one (21) days and the complaint is made by a citizen, the ODC shall ensure that the citizen is re-contacted conceming the status ofthe case ‘within the 21 days. A Periodic Status Report Form Letter can be used for this purpose. In no care shall the oat ES nto(na Cpl tna eters complainint go longer than 21 days without being re- contacted. 52248) 2. The ODC shall be responsible for providing the Chief of Police with status reports on the progress ofthe investigation. (s223)(9213) a. The ODC shall be responsible for overseeing and conducting, if necessary, Intemal Affairs investigations, ‘and shall report directly 26 the Chief of Police, (22221, 3. An internal elfsirs investigation may inquire into a department employee's on-duty or off-duty conduct if such inquiry is reasonably and directly related tothe employee's performance of duty, if such conduct affects the employee's fitness or ability to centinue in the police service, or if it reflects discredit on tue Department. is determined, after a preliminary investigation, that allegations against a department employee could result in @ criminal prosecution, the accused employee must be ‘granted el applicable constitutional and statutory rights. In ‘such cases, the criminal investigation may be conducted under the direct supervision of the Detective Bureau Commander (DBC) or the jurisdictional agency, as determined by the Chief of Police, in conjunction with the District Attorney's office. b. Prior to being questioned regarding alleged personal involvement in criminal activity, a department employee who is under arrest, or who is the focus of a criminal investigation, shall ‘be given the wamings and rights required ty the Miranda decision, including the right to ‘have an atomey present during any such quest ©. If this procedure is followed, sny voluntary statements made thereafter could be admissible in a criminal > Proceeding, and may otherwise be used for departmental Oo disciplinary purposes. ‘eminion Spanien Poet H Pag eristChow Comps ten ign 4. A department employee who is questioned about alleged Personal involvement in criminal activity which could result in a criminal prosecution, cannot be discharged or ‘otherwise penalized solely for invoking the right to remain silent as guaranteed by the Fifth Amendment or for refusing to sign a waiver of immunity. However, as discussed below, an employee may be compelled to answer uestions narrowly drawn end related to hishher on oF off uty conduct, and may be disciplined (including discharge) for failure to answer truthfully. 5. Administrative Investigations If itis determined as a result of a preliminary investigation, that allegations made against « department employee could result in departmental disciplinary action, the accused employee is entitled to a fair and objective investigation and resolution of the charges made. ‘All department employees, when requested by the Chief (of Police, or by a superior officer designated by the Chief Of Police, must respond fully and truthfully to all {questions regarding their performance of official duties or their off-duty misconduct which affects their fitness or ability to remain in the police service, and any failure to answer completely and truthfully to such inquiries may be Punished by appropriate disciplinary action, including dismissal stom the Department (@.) The official conducting the inquiry must, atthe time of the inquiry, specify to the employee being Questioned the precise repercussions (i.e, sion, discharge, or the exact form of discipline) that may result if the officer fails to respond. (b.) When a department employee is ordered to submit « report or to answer questions in the face of job sanctions, that employee receives. transactional immunity from criminal prosecution for any offenses to which the compelled testimony relates seer atetact q Page toatieao Note: The Supreme Judicial Court has held that Article 12 of ) the Massachusetts Declaration of Rights requires “transactional” immunity to supplant the privilege against self: inerimination when a Police Officer is being compelled in the Jace of job sanctions to answer questions concerning possible ‘eriminal activities connected with histher employment. Transactional immunity grants “immunity from prosecution for offenses to which compelled testimony relates." | (@)._ Ifthe questions specifically, directly, and narrowly relate to the officer's performance of official duties ‘or hissher off-duty conduct which affects his/her fitness or ability to remain in the police service, and if such employee is informed that he/she ‘will receive transactional immunity from criminal ‘prosecution, he/she must answer or face disciplinary action, including dismissal from the Department, for refusing to answer such questiors. : ©. No double jeopardy exists when a department employee is QO found not guilty in court of criminal charges and is then found guilty of departmental charges after a disciplinery hearing, as the department charges are administrative in ‘nature and can be sustained by a “preponderance of evidence” rather than the criminal court standard of “beyond a reasonable doubs.” 4. In conducting intemal administrative investigations, there is no legal obligation for the Department to provide employees with an opportunity to consult with an attomey before being questioned on work-related matters wks » Mangan, 95 SC. 99 (MH, however, A request for an stiomey or en employee representative to be present will be granted if the investigation is not thereby unduly delayed, (a) If possible, for minor offenses, any interview or questioning should take place during the employee's regular duty hours; octagon Poles Cement. ‘ania tSponces at atten Cong a ennne (&) Any interview or questioning should not be prolonged without reasonable rest periods and the =~ ‘opportunity for meels and such other personal necessities as are reasonable required. (©) A department employee shall not be harassed or threatened during questioning, 6. In conducting investigations of alleged emplayee misconduct, all appropriate investigative techniques and methods should bbe employed, consistent with legal requirements and all necessary concem for the individual rights of the accused employee. An internal administrative investigation should be conducted with the same degree of professional ‘competence as is devoted to a criminal investigation b. Upon orders of the Chief of Police, or designee, an employee may be required to submit to» medical, Psychological or laboratory examination, at the ¢ Department's expense. This examination must be specifically directed and narrowly related to a particular internal affairs investigation being conducted by the Department. (222469) ‘A employee may also be required to be photographed and ‘ean be compelled to stand in @ lineup for identification in ‘connection with an administrative investigation, and a refusal can be the basis for an additional disciplinary charge of refusal to obey a lawful order. Such a lineup should be fairly constructed and not unfairly suggestive ‘and should not be used for an administrative investigation ‘where criminal charges are contemplated, (3226h¢q 4. An employee's personal property, including his/her home, a ues evr rey ie ter oe Si Cin ety ee Framingham ¥. Municipal Ci. of City of Boston, 373 Moss. 783, 369 NE. 24 ' iotalaiade eensln Crp eal signs expectation of privacy regarding Department property furnished or supplied to them, such as offices, desks, file ~ cabinets, computers lockers, or vebicles, and that these ray be subject to administrative access or inspection at any time, fe. An employee may be compelled to submit a finenctal isclosure statement 25 part of an intemal offers investigation provided such statement is material to the investigation being conducted. (s2264) Under the provisions of M.G.L. Ch. 149 §19B employees Pp investigation if such testis conducted under the direction of a law enforcement agency in the course of a departmental investigation of criminal activity, and under such circumstances, officers may face disciplinary sction for refusal. (2.266) 7. It is recommended that the complete interview with an ‘employee in all internal administrative investigations should bbe tape recorded or documented by a qualified stenographer. D. Withdrawn Complaints 1. If during the progress of an intemal investigation, the ‘complainant indicates a desire to withdraw the complaint, ‘every effort should be made to ensure that this decision is ‘made voluntarily, and a signed statement to this effect should be obtained from the complainant, 2. When a complaint is withdrawn, the person assigned to investigate shall provide a full written report of the investigation to date to the ODC. The ODC shall then discuss the merits for the termination of the investigation wih the Chief of Police. 1s223) 3. Any attempt, directly or indirectly, on the part of a department = ‘employee to obstruct any internal investigation, to influence 0 any ~ ‘or intimidate any witness, or to threaten or persua aihnies Spantre aaa rap enste Ca ir legion complainant 10 withdraw or abandon his/her complaint, is prohibited and will be treated most severely. V. Report of Administrative Investigation ‘A. At the conclusion of any administrative investigation, a full ‘written report shall be prepared by the assigned investigator for submission to the ODC and forwarding to the Chief of Police. This report shall include the following: (522.2) 1, The original complaint report; 2. Any additional statements taken from the complainant or statements obtained from witnesses; 3. Any statements made or reports submitted by the department employee under investigation; 1. A summary statement of all evidence gathered; 5. A statement of any mitigating circumstances; 6. An evaluation of the complaint and a recommendation as to the appropriate adjudication and disposition. B. Upon receipt of the waitten report of in ion, the Chief of Police should take appropriate action based upon findings in the particular ease. The Chief of Police and the ODC shall together Setermine the appropriate adjudication and disposition based ‘upon the finding(s) of fact. The adjudication shall be classified as fone of the following: 1322.8) 1, Sustained ~The allegation is supported by sufficient evidence to indicate thatthe allegation is true, 2. Sustained in Part ~ Certain allegations wore supported by ‘sufficient evidence to indicate that they were true, while other allegations were found to be not sustained, 3. Not Sustained ~ There is insulficient evidence to neither ‘Prove nor disprove the allegation, 4. Exonerated ~ The incident occurred, but the deparment ‘member acted lawfully and properly. 5. Unfounded ~The ellegation is ether false or not factual oars rte Derma: Sanson tna Fasttan Cong ema rine 6. Filed ~ Placed on file and may be reopened if additional evidence or information is received. ©. The ODC or designee shall inform the employee, in waiting, of the conclusion and disposition of the administrative investigation ia a timely manner (Refer to AOM P251d Snvestigation lessfeation Noifeatin). (22% D. ‘The ODC shall notify the complainant formally, in writing, ofthe ‘conclusion and disposition of the investigation, ftom one of the six previously described classifications (Refer to AOM P25I.g Result of Investigation Notice to Complainant). \s224e) 1, Ifa disciplinary hearing is deemed necessary, the complainant shall be notified that hisher testimony will be required at that time, E. If the department employee is cleared of the charges made, he/she shall be officially exonerated in writing (Refer to AOM P251d Investigation Classification Notification), VI. Relief From Duty (san ‘A. In accordance with AOM P250 Development of Discipline, any supervisor, or acting supervisor, may temporarily relieve from duty, and place on temporary administrative leave, any member: 1, Who is in thei opinion physically or psychologically unfit for duty; or 2. Pending disposition of an intemal investigation where it ‘would be unwise or improper for the officer to continue on ty. . The Chief of Police and the Division Commanders shall be notified immediately when an employee is relieved from duty under any of the conditions described above. Decisions regarding continued administrative leave shall bbe made by the Chief of Police or designee. Vil, Confidentiality of Internal Affairs 213) esturgn Potea Copan . samen Spee Rasa a age sortehan Creat ns ret ‘A. In order to ensure thatthe individual rights of officers who are the subject of an Internal Affairs investigation are protected, all c materials relevant to that investigation shall be kept strictly confidential and properly secured by the ODC. irs investigation will be or issued to the media unless the charges have been sustained and action has been taken ‘or employee. The Chief of Police is the only one release of any statement. C. A complete file of records on the investigation of all ci internal complaints against any agency employee or the shall be kept in the office of the ODC. These files shall contain all documents pertaining to the investigation including supporting estigative information. These files shall be treated es intemal confidential investigative personnel records, and shall be considered to be an exception 10 the public records disclosure requirements. (5212) Vill. Liaison With District Attorney investigation which may, or does, result in ing brought against an officer shall require the District Attomey's office 10 be appraised of the case for the ‘Purpose of advising on legal issues and ultimate prosecution, if ‘necessary. Contact shall be made through the ODC. Dissemination Date 060102 B ‘ENDED. ‘ene; 0908, 1208, wa. r136 eve: Cat B08 28 Yom, s,en ai, 3 Page Neti fiAOM CHAPTER 0-504 MEDICINE DISPOSAL DROP BOX UNIT 1. Introductory Discussion ‘A. The Northampton Police Department recognizes the Importance of proper and safe disposal of unused prescription medication. In addition, itis a fact that well over half of first-time opiate use involves drugs that were taken out of the medicine cabinet of family or friends. B, Federal and state guidelines on the safe disposal of unused prescription medications has moved away from the old methods of simply disposing pills in household rubbish or fushing.pills down the drain. This evolution has been shaped by both the recognition that drugs were being scavenged from solid waste, as well as the detection of measureable traces of prescription drugs in some groundwater supplies. I. Policy C ‘A. It shall be the policy of the Northampton Police Department to provide the citizen with a permanent and secure drug collection unit, which will be situated In the front lobby vestibule area of the Police Department, and is under constant video surveillance. andie-solf-servingto-these that choosetowseit. This benefits the community by providing a safe location to drop off unused and expired medications with a high level of anonymity. 4. The keys to the secure compartment of the drop box said unit shall be kept in two (2) secure locatior a. Ready Room key cabinet b. Administrative Wing key cabinet 2. The key to the drop box door shall be keptin the desk area and used by the desk officer to allow citizens access to dispose of medications. 5 B. The box is clearly posted as to what types of medications are accepted. For informational purposes only, syringes, needles, aes et3: Negroponte ‘aston Operon Maa Ooom. edo Dp ep Bo Tancets, thermometers, IV bags, chemo drugs, and liquids of any Kind are not accepted. Procedures ‘A, Deposits of medications into the Drop Box Unit 4. Citizens shall use up to a 1 gallon sized seal top bag for large deposits; or any dimension smaller than a 1 gallon sized bag, The bag must have a Zip-Loc type seal. Ifthe citizen does not have a seal type bag, one of our 9x12 clear bags shall be provided to them. 2. Citizens are responsible for packaging thelr own ‘medications into the seal top bag. ONLY PILLS SHALL BE PLACED IN THE BAGS. Prescription bottles are not permitted to be sealed into the bags, they are to ‘be disposed of with normal trash. 3. Itis the responsibility of the desk officer to unlock the drop box deposit tray and ensure that the medications are packaged properly by the citizen (seal top bag, no items that are not permitted in bag). Once the medications are deposited by the citizen, the desk officer will secure the drop tray and return the key to the deskarea. 8B. Emptying of the Drop Box Unit 11. ‘The Drop Box Unit shall be checked on a bi-weekly basis to insure that it does not overfiow. 2. Once full, two (2) Police Officers, one (1) of which is. to be a Supervisor, will remove the contents of the Drop Box Unit. 3. The contents shall be placed into a cardboard box, and that box shall be immediately sealed with tape. Both the Officer and the Supervisor will date and then sign their names over the seal of said cardboard box. = ‘pewinnar Seee a 3 t‘tectve Date ‘istemination Date: 02702078 caramore 4. A card is to be entered into the daily log, and a property number is to be assigned. 5. The box shall then be placed into the Evidence Room. 6. ‘The Hampshire County Sheriff's Department will be agency that then collects and transports the contents of the Drop Box Unit for destruction. That is, usually done on the third (34) Friday of each month. 7. A journal shall also be kept and shall contain the 4a) the date the Drop Box Unit was emptied b) the names of personnel emptying the Drop Box Unit ) the property number assigned ) the date of turnover to the Hampshire County Sheriffs Department, as well as name of the Sheriff. ‘Rescinds, Amends, or Specal Instructions coved ears ab 82017 oOQ oO Medicine Disposal Drop Box Log Dalia Emp 21 Is asst Wl5/3 C903 tele hrs ar, ill 1235 (ew iaeli3 (35% 214] jay Slo) 34 afield Os tf nly he Taglic i200 as bbls Hd Pasionnat Fe figs “ef eh; 7o]t4a. Ta Jiki eles “hiss: 14a [70 193. /70. 0 [11e0. QT 7 Wy] Eafe’ We oe 0800 "Blas M3 sot = OE8 [PR | Gata Shera z - clulis ec 12-21 [13-254 (L623 3 ohsfh lra-2ese (13. 26 [1e])e/h, 13371513 spa lol fy 3-39 7 c CNTR CA 13-305)| /3-3407 | ylisfis Ras Bas eeL [TY C13 a3e [3-you [1 fin o73e 2 “e_ paf.s o¥se yah C26 cu ogou os ION: LS=. 8 | sluhs Del 5 hs % yn 10.4555 HPD. SIsJis- OF! ieee Ms-a3s fr Sisfs veo S027 S13-0F Yrs 0750Medicine Disposal Drop Box Log see. Bate Tig meted | Rersoanal [Ord | PRY] Ogle Tine wo SRORIPFO 13 tat (wl. _Pba47 [as _ | aft, 7, c ib e " 3 ice 18 0. 3391 13 i 2 fag) Iie]io 5-460 [13 UI os, eld 2 [a rst ag loluhd oar aay R5F [70 [lwo e771 [Myst Is 1047 “Tithe.Medicine Disposal Drop Box Log soe. Of Wal te Ti to Sanaa MET V1 rule 075% 133 1157837 | Mths 6 151 hs O7® “| Ei idghack aE LS, = aN [1-2 es s deel Lt -2668 Mar zelh) wee | éo/s o5 (irae ea liceageg [YM BR |e 2F4 ie: “fe L167 |e c : wie 1744 FAT ifaln ogiey Perea oka 1230 | W4p-Iper izle Hse | 1Ha/u Hal ry In pio {1 12 [30 143, iit 1530) (s/s |a CATUOGNO ics CASE NUMBER: _ Not Stated DATE: 09-08-17 TIME: ‘Not Stated PARTICIPANTS: Al Donovan Lieutenant Alan Borowski Unidentified Union Rep TRANSCRIPTION Sten-Tel COMPLETED BY hoe sett Toon (Cll re (00 7.7844 ax (413) 709-4026 ememuctonocnss SRO THELECALHAHEAE COMUNE HCE 188APD MANAGEMENT, WE FILENO: NOT STATED. STATEMENT OF LT-ALAN BOROWSKION SEPTEMBER®,2017 ATNOTSTATED | Page of 12 [Bonevan Today Ts Seplember 18 wir wo sepa which you were given u notice of. Ove fs the sivold we, “Mleged sterolé wre. And the stber in, uh, improper, ube fecers on, orto the druge inthe drab blocks, Drs these 1 gu Barak Donsvs ‘Uk, Lieutenant, you're nat Te om You're free to leave, but wer narrowly species iy the performance of yout di the flness to perform those duties that you don't ably would fond to inestna bnderstand that? Berek ¥ ‘Okay. Vou don't have to weawer vay quel {hin wesle reasonably Inesim note you, Tal yor we ia bam Danava Da you vederaiand WaTT Dorouai Yer Donovan ‘Okay. All righ Yow WITT Inertaination. Barowak Makan Donovan ‘DET The nislon of sgeaae oF pertinent fis wit [warm [aor [Barone —————} Denava Te FT you we shower questions or you. ‘You're responsible for uaswering quettions sirealy, Dovjou understand that"APD WANKGEMENT, WE — [STATEMENT OF LT. ALAN BOROWSKION SEPTEMBER, 207 ATNOT STATED | Page2of12 FILENO: NOT STATED. Ea aalon wp, Jat ‘andes Donevan “Ana Vike Tala, Vw cevtataly willing to send you copy of the reearding wheat the end, But Tl gt I fo GARY inte Zi SITTSTT ‘AIT ight. Cleatenaas, Novibim saw Tong fave you worked Tor Police Gepertment? hs, Tas, Dasa ‘Ohay,_And when Gi you make the rank of Wevienaat Borawiil WaT want te Fay Ww Tout years ae, eppronTnTly Tor ei he. Dosavane ‘Oiay, And was our sorvent asigameniT Borowsiir ‘Deteclive Liewievant 1 oversee the Datecive Uall, The Grime Scene Unit, the Court and Property and Evidence, Donovan “Aad what oiker dalles Jo-, does Wrequine? You With evidence? Barat averaee Bvldenee Daaawaat ‘Diy Do vou have Rey to the evden Borowski Yen ae Banaras ‘ay Wow many people Wave Kay to The svideace room Bora Four Donovan Four That's Tice by he way. ATT Tights Un, tn /ou held any other law enforcement postions? [Barowai Tnhece? Te his Dearne We inpes aarwherTYATEMENT OFLT ALAN BOROWEVGON SEPTEMBER, 2047 ATHoT STATED | patie FLENO: NOT STATED ea ive never worked for anoiter a Dono ot Oh, zord Tas, Denote Ta ie Departmen wat ware you INAUDIBLE Borawek Ti-ah, police oTeer, deteeive, Fergean Danan on Baraat one Te Doaavan ad you, yeu. Row Tong youve bad he soak Un TiNTaE IPE gala Om ke, vee wid bell Years es futies, do you have any ro fr oversight ofthe Barewi Yar Donan ‘Shay What c Torewar Te alimaely, Ta, ort, Twoolaat call ieevidene 'S'mainained by the Evidence ce affcer, ab, Detective Caputo, whe ultimately will empty that box with s Supervisor and bring It downstata, tape, label I, And then 106 be held theee unis removed by the, the jl Daravae ‘Okay. Based on your Paowledge, what Whe procedure Tor removing drugs and other rom ihe drug bos? Barawan “There as to be Iwo people presen, Uh ORE Mak To DE supervisor. Deneve ‘Olay And when you rey supervior, Wat fae somone from the Detective Duress, any supervisors? Tawi Wey, sy sueerior Spanner Olay. Why would..{alamning sound). Ta sorry shout tha Uh, why mouldavah, let tyolealy ihe evidence goy of i raw‘APD MANKGEMENT STATEMENT OF LT. ALAN BOROWSKION SEPTEMBER 8, 2017 AT NOTSTATED | Pages FLENO: NOFSTATED =e aa aE Laan SRE oor ane war mn even PETTON Danae Ty, Te So_ahe aTwaye emptiee Wa Dan Tae: Berowakr ae Raper Dana Oaay Te There Toy of when Sapa Barowa ‘Uh, 1. Talpake. Ui, Captain Chayor's also emplied ts well, Not just Lugs [Dano wi Barak Wik Denenae Oi Berawakie INAUDIBLE” Densran Tere Tog EET Baran Yee Donsrae Borowski orev ‘Okay AT Fgh. And, om, wio's respons 38 oF logging It a ‘The evs, whoever INAUDIBLE. Baronet The evidence oTTear would Be yen Boaevan ‘hay Ua, oh, we 88, and wen Jou Bay Tog, TTA log? ca thatt Beawae Densra orem DanvamFILENO: NOT STATED. [RPO ARERR ‘STATEMENT OF LT. ALAN BOROWSKION SEPTEMBER®,2017 AT NOTSTATED | Fase Sof12 Borawikr Wo, wes I've done i ve done 1 Tour or five Unei over the Inst five yeuts, for years." Ad we jstthere'= ear ste bas. ‘Danavan Yur Borowski TT remove The box, Take the bog ov, te up and thew Liust resbor i, tape find that's it” We don"t go throuzh Dense INAUDIBLE. Berowatl Taal ike Donowaas ‘You don og Ike's 35. roma There's wa To Danovan prescriptions rowakie “There's no ayia Danswas IWAUDIBLE pili Terowalir Wr Werally boxed up. And to be Hone, Tao’ Ninh she ‘would have the time fo dot or. i'r jut yeeh that the bor was tind of just dumped here by the BA's office, And Shaving ot how we do it~ We deq’t femize Danowan! Oi Barawakie T doa’ now wisi Gey do after once tay come and ake the boxes. I think they Just Weigh It ane t goes te evtrscion, Biase ‘Okay Se, there we Nemlzed, ah, of aecouatabliy Te Berna We: anew aa ape oF TOTRT cnr None at a_There Te tee I Danovae CO aan ~aaiieai oul Hate though. Even Wing's of EURET, Danavae AITWaR Sooty. There ‘many pils arc In exch box or preterftion botles are in that bag when you take I out? Brow Beco ara cmI ErRTEMAT OF TALK BonoWaW ON SEFTEwBeR®, 2017 Arwor eTATED | Pureeta FILE NO: NOY STATED. Ba EUEITE zi [ive a recommendniion conten /0u..yONve re-, said you removed it five times? Bora Deer HEE OTT [Danavaar Diy Ana Te Tt Tagged Tn eed Beran Yeni DR Oy Um, nT TNE TIE DON OF BW, OF youreelt! (Bora None: Dara ‘Diy, Have you ever asceaied ihe Grip Bax BL Beromke Nope. Dorevar WRENS een ae opened KOR TNE vee NT - ken any drags that were Inthe custody of the C Morthamston Police Deparimeat for personel se? Bora broiately #30 Danan [pete ask ATighe Ui don't Wane you any draga tal ware Ta he jortkempion Police Deptriment giving them {oreclvillan who aia not work forthe Noftheasters. Northam Bawa Donavae ay aed Tae elogize. 00 you know feceyercor do'you have any ies who sen he sronymous Wega Ei “een Know 1 war mony, Rea[STATEMENT OF LT. ALAN BOROWSKION SEPTEMBER, 2017 AT NOT STATED | Page 7012 LE NO: NOF STATED. (Borowai The aia Da Ue Tad ad Gay Beem Wella wall Taide" Raa Te Oa. Bore Tada knew Darovai “RIVFigh Aad wom, THe Tew Vg queailon, Wave yo weed iteget steroids Im the lant five years? Sorat Wo, Tave wot Donovan ‘ky. Wave you ev, have you veed..1 got to ioe Baraat Yam, Deneve ‘Okay? Hive yor asad iy Rind of Tegal performance yar in order workout performence? fahancing drugs In the ‘nate, siength ‘Abzotwiely nak ‘Okay. Wave you Te, osed any Uiegal son-preseribed Grape eat sive years? mau brataieiy nat. Doowan ‘Okay. Oueatloas Duet [Boroman Than Danovae Aur iai_ Ur des wha sent the Snonymous lelier ragarding year steroid ese “ils Department Okay. Ts there wayone employed By ite Northampton Police Department that You con enemy? ot My enemy? WaT dentate Dagan ay We eT to Tn Bera Ton Tai everbody kes me bere Banavan at whe fen Tar coors ‘Ten Tink everybady Ukea ne Were‘STATEMENT OF LT. ALAN BOROWSKI ON SEPTEMBER 8, 2017 ATNOT STATED | Page Bor 12 FILENO: NOP STATED Donawane ‘Oiay. And why do you WAR TET Borowski Un, you Kvow, was sways big deta guy._Um, They leled taking me eff detal saying just petrol atficere shoul ‘work them, Um, ! made mors here lest your then tnybouy, Inctuaing the Chiet. So, thiak tnere might bet sme that 1 work extra. Danaw i Whey wayone Were (roe ihe lee Depiriment that conti ow a Bora hope nat_Na: Denowan ‘Okay. Do you have any prablens wiih anybody Wat Work Inside the Betestive Uni? Nevarall Dir cr We haves grea Doravan ‘Okay. Ts have anyihiag haven eked you Wal you Tn Tshoutd ask you in erder to pet tthe bottom of ibis? 7 ed me abaWt To 3eceiE Tw complaints. Barak fete ee the complutat ont Donovan Barak Dona aT ean, 1 don Sareea Say Wa Daa Aaa row Bioned Ta, was WomaTed a Denver Note Tae Baroni Tomas Dansvan mallet Ts Barmah YaakFLENO: NOP STATED. "APO MANAGEMENT, NC ‘STATEMENT OF LT.ALAN BOROWSIION SEPTEMBER 8, 2017 AT NOT STATED | Page 9of12 Daron ‘Yeak,_ My uadersianding We hat W-wae walled m1, uhsT femember seeing but don’t. iter wile, 40, crt ‘Kaa Twas ie sepatate complaint? Donovan That Tay anderen Beem CM Dasara EL, owt Taal, Ta aa ogo Tne oa Donate TEAUDIBEE. arma Taina Fa mae Trust aes we sense Dawa Tonal Ti oF wayiNTag ma Das ao pramored bere, Um, Tmeved Danan 0 naw. had hak everybady wh iad'position heve hes moved oy Donoran Os Berens Ta bate, Danaraat Yer Boom Three Doeamaae Tai Boroustl ——————— Tema 1 THAUDTELE:Hae ror TRAN BOROWEHI ON EPTEMBER, 217 ATWO STATED Pree 10012 OO poorer ara ara te deag Berea 00.95882105.doeRPO MANAGEREN, ie STATEMENT OF LT, ALAH BOROWSKION SEPTEMGERS,2017 ATNOT STATED | Poge tof 12 FILENO: NOT STATE ‘COMMONWEALTH OF MASSACHUSETTS nereby eertty 1 RAVLEE 67. PIERRE, Registered Profesional Reporter igneted portions of enseites furs ihed by the the foregoing testimony, prepared om ds patties herein, is true and accurate tothe best of my knowledge and belief nen eepesbt Pine ‘Dae Carel Coot RepenerNORTHAMPTON POLICE DEPARTMENT. ogy v. Kasper CIEF OF POLICE te: u.Alin Borowse From: chet Jody 0. Kasper ate: spon re Report required 1 Borowei, ‘As aresult of the preliminary interviews conducted by Investigator Alfred Donovan of ‘APD Management inc. there are several tems which need clarification and frther 'wvestgation. Therefore, lam ordering youto complete a detailed report In regards to the ‘westlons ited below, The answer to each question shouldbe as detailed and comprehensive snecessary to fully answer the question sted, lease have the completed report back to my office by 4:00pm on Friday, September 22nd, 2037, Please be advised that you have aright to remain slent regarding any subject ‘matter you reasonably believe may tend to nriminate you, but you must do soon a question: "question bela. You will not be dscipined in any manner for Invoking your lawful invoked "ah agnnst sel-ncriminaion during any pat of ths investigative process. When Invoking ‘Your right against setncrmination on 2 speci question, instead of answering the specie ‘weston you shoulé write that you “Invoke You right aginst Sencriminaton”in response to ‘tat particular question, However, you wil be required to answer narrowly specially signed, nonincrimiating questions relating to the performance of your duties and your Professional resporsibittes. allure to answer or refusal to answer the type of questions‘defined above wil result in disciplinary action by the Northampton Police Department with my Specie recommendation being scharge from service. ‘Questions, L 10, 2 x. us. 36, y. How org have you know Id what the nature of your celatonshi? How long have you oo III a ithe nature your rebtonsip? Whe tou bear ve {you repor (16-342-OF (ca 16-4729 dated (2/0/36) you Inet that someone proved \Youwih 1 bie pls which ou tagged tobe held for saeheepiog Who provided the sto ‘Yowend how tong have you known the person whe provide you withthe pls? Dots the person who provided you wth the pilshave a nk name aditso whats? ‘thei of vero, tt ‘Why dd you tke the 21 Bue pills and wat li you iment do wih the pls when you Ast ook possession of them? i you place the pis in questonin the dug op boxn te plc staton lobby? ‘When a you place the pi in the drug drop box the police lobby (date atin) snd wy i you place tern the dog arop box? Wes anyone with you when you took that action? le you tell anyone that you were glng pu the pi It the sug drop box prt taking that sction? Information has been received that you tok the isin question out ofthe dug dp boxin the ‘abby ofthe stato, thet happened when and what timed you take that action and why? "you removed the pls trom the drug drop bx Inthe police lobby was there anyone with you theme you took thet action? you toot the pilin question ou ofthe drug drop box in the police lobby, why di you enter them as held fr sfe keeping” as opposed to evidence? ‘Why were the pls (2 day lter martes fr destretion and placed nthe destruction box? ‘Your report incates that the pls wer evolved nan investigation conducted by the Drug Task Force, who lnlated hat Investigation and wy? What wos the outcome of he Drug Tek Force nestigation?rom: Al Borowski To: Al Borowsk! Sent: September 21, 2017 at §:02 PM Subject: Ct: How long have you known Eons whats the nature of your relationship? approximately ‘overdosed on pis? ‘A: Approximately late January or early February 2018. ‘Q4; In your report (18-342-OF (Call 18-4720) dated (2/10/16) you indicated that someone provided you with 11 blue pls which you tagged to be held for safe keeping, ‘Who provided the pls to you and how long have you known the person who provided ¥ a 2 have now on {S: Does the person who provid you wih the pile Rave rickname andi 3 whats it 1 donot belive 8, ve abvays called hi if you oe referencing ED (GRID e 0005 by the nickname! ver he did not hand the plls over tome, 5: Ale ne of his overdose, what was your eationship with IS, — 7: Why did you take the 11 blue pls and what did you intend to do wit the pills when YoU fist took possession of them? 2 had spoken wt ere pont and he informed me that he came into possession of them To the best of my recolectin, | beleve thal at given them hin to getthem out of te hove. Idd not aki hey were els hat ad been prescribed tN beeve he cid have a lege rescrintion tld hat we ado rg depose Doxa te ly of ou Polee Deparment and e cous depose of ther here, MY tet was to have the Grugs destroyed so noone cul abuse hem, ad beieved tal here they a ved, didnot have such box, 8: Oi you pace he pen question in he cru diop box nthe ple station bby 2 Ayes, 9: When did you place the pilsn the drug drop box in the police lobby (date and time)and why did you place them in the drug drop box. ‘A don't remember the specific date and time, butt was right around the tie | received them, and sometime on the. was several days ater Ouectve Fepiono he i cS Not believing they were evidence of eny nature, put thamin Tre Box or 10: Was anyone wth you when you tok that action? ‘A cantrecal. I may have waked with IIIB the box on his way out of the PO, or! may have been alone. No other Poles empbyee was with me as fa 26| {Q11: Did you toll anyone that you were gong to put he pis into the drug drop bex ror {ooking that action? A. on recall 12: Information has been received thal you ook the pits a question out ofthe rug . state, local and federal criminal history records motor vehicle registrations ( . motor vehicles license department intelligence records/files surveillance b, ©. ri e. £ F. Once the report has been received by the Detective Bureau ‘Commander, the report shall be assigned for active investigation bi Complaints shall be evalusted for police action ‘based upon the severity and magnitude of the alleged violations as, ‘well as the impact or potential impact of the violation on the ‘community. Organized Crime/Vice Records (a,11 ‘A. The Detective Bureau Commander shall ensure that “active” and “unconfirmed” case files for organized crime and vice complaints are properly maintained and are kept separate from one another. 1, Active case files shall consist of those complaints that have been determined as ‘Active cases which have been ( assigned for investigation shall be categorized as, “confidential” and filed as such, 2. Unconfirmed case files shall consist of complaints which ‘cannot be validated. 2. Unconfirmed files shall be maintained for future corroborating information. If the information is later validated, the files shall become active and assigned accordingly. b. The Detective Bureau Commander shall review and purge ‘unconfirmed eases periodically at his/her discretion, VI. Information Exchange 144.121 A.A record of organized crime/vice information received from or conveyed to any outside agency is made through the normal field reporting system. 1, Employees receiving or providing any information to outside agencies shall document such transactions in accordance with . Pages . aang Pale Dope aioe ponte 6Vea Dogs 8 Ore ine AOM 0424 Managing Intelligence Information. Vil. Use of Background Investigations A. When investigating organized, vice or drug related crimes, it may be necessary to conduct background checks of any suspects that may be involved in the acti background investigations, the following, |. All background investigations shall be conducted strictly for ‘purposes of the criminal investigation; 2. Any information obtained shall be marked “confidential” and shall be accessible only to those personnel directly involved in the investigation; 3. All background information shall be stored with their case files tnd shall be maintained in accordance with the procedures set forth above, B. Background information can be obtained through the following, 1. Information from persons (i.e. witnesses, informants, custodian of records, fellow officers, ete.) 2. Records of business and financial institutions (ie. banks, real estate agencies, credit agencies, hospital records, transportation company records, et.) State and local law enforcement agency records. Federal government records (i.e. DEA, FBI, NCIC, etc). Federal and state court records State, county and municipal government records (ie. birth, death and marriege certificates, license information, tax returns, wills, ei.) Note: For a complete and detailed account of the sources available for ‘conducting background investigations, refer to the Police Background Investigations Manual loccted in the office of the Operations Division Commander. + Pages ot6 aroun toe ote ‘amiaton penne 625Vill. Surveillance, Undercover and Raid Operations 1a.15) AA. Surveillance, Undercover and Raid Operations are often critical to the success of organized crime, vice and drug investigations. B. These operations require careful planning and operational coordinetion and shall be conducted as provided in AOM 04251b1 Surveillance, Undercover & Raid Operations, immedistely following this chapter. Personnel assigned to special operations shall be supplied with expense funds, or reimbursed, for expenditures made which were required to properly and safely conduct operations ofa vice, drug, or organized crime investigation, Refer to AOM 0423 Confidential Funds. 63.131 1X. Reporting of Confidential Investigations p11 A.The Detective Bureau Commander shall periodically verbally C inform the Operations Division Commander and the Chief of Police of ongoing vice, drug or organized crime investigations. Dievominaion Dae) 1/3050 B EfectveDate 12/409 Restinds, Amends, or Special nstelions: ‘rev 3,38 ta, 2 ‘Revived, 108 opts 1208, 10N8,21, 32013, Saoisoir . Frees Nortamoton Pos DepartI en Ppt Handing Prsnens AOM CHAPTER 0-402 Evidence and Property Handling Procedures Introduction It is necessary that the handling of property be carefully accounted for in order to minimize the possiblities of adverse claims against the Department and to enhance its credibility when used in court as evidence. Therefore, it is the purpose of this section to provide members of the Northampton Police Department with strict safeguards regarding the management of the following types of property: Property seized as evidence; Found or recovered stolen property; Lost or.abandoned property; or Property submitted for safekeeping. Note: Departmental procedures regarding the handling of detainee property are set forth in AOM O142 Detainee Proce & Confinement and AOM S212 Detainee Property Inventory/Search. Evidence and Property Management Responsibilities A. Responsibility of Evidence/Property Control Supervisor: The Chief of Police shall designate a supervisor to oversee evidence & property control, The Evidence/Property (E/P) Control Supervisor shall have overall control and responsibility for the management of all property seized as evidence, found or recovered stolen property, lost or abandoned property, or property submitted for safe keeping, B. Responsibility _of Evidence/Property Control Officer: The Evidence/Property (E/P) Control Supervisor may designate an Evidence/Property (E/P) Control Officer to perform evidence and property control management duties under his/her supervision. ‘The E/P Control Supervisor shall maintain an electronic key system limiting access to the Evidence Room. He/She shal issue a key FOB to those authorized individuals with access to the evidence room and keep a record of each key FOB along with the‘Eka LP Hanis rca, individual access codes assigned to each key FOB. The EP Control Supervisor shall perform semi-annual audits of the electronic entry log of the evidence room, C. Audit Reauirement for Transfer of Property Function: Whenever 4 new E/P Control Officer is designated, there shall be a joint audit of property conducted by these personnel to ensure that records are correct and to formally transfer custody of the property within the system. 41.68) 1. The audit shall be of a nature sufficient to ensure the continued integrity of the system end need not be an accounting of every item of property. 2, During the joint audit, a sufficient number of property records should be carefully reviewed with respect to proper documentation and accountability. ‘The person assuming custody of the property should ensure that all reviewed records ere current and property annotated repancies shall be resolved prior to the transfer of 7 rapzor anapsetIV. Storage Guidelines for Evidence and Property 12) ‘A. Secure Storage Areas: The Department shall maintain areas for the secure storage of evidence, property, or contraband. These areas shall be secured at all times when left unattended. The following is a lst of potential storage areas, 1, Evidence Lockers - located in the lower level hallway. 2. Drop Safe - located in the Temp Cage 3. Evidence Room - located in the lower level of the Police ‘Department, 4, Deug Safe - located in the Evidence Room; 5. Gun Cabinet - located in the Evidence Room; 6. Refrigerator - located inside the Evidence Room; 1, Refrigerator - (Temporary Storage) located within the Evidence Lockers in the lower level ofthe police department as ‘well as the Temp Cage. 8 Temporary Cage - located in the lower level of the Police Department. Cold Storage- secure area located in the garage area in the Lower Level ofthe Police Department Peter Horanien Polls Dea ‘anton ponsv. Ener Popeye Pecos B. Authorized Access to Evidence/Property Storage Areas: Only those individuals authorized by the Chief of Police shall have access to the areas used to secure evidence/property/contraband. ‘The following personnel have been authorized: (14.12) + Evidence/Property Control Supervisor, + Evidence/Property Control Officer; # Court Administrator. Detective Lieutenant 1, Access to Spare Pass Card: A spare pass card to the Evidence/Property Room(s) shall be kept ina sealed envelope in the office ofthe Chief of Police. This pass card will have a 4 digit pass code written on the inside flap of the sealed envelope. The pass card can be used when a member of the Department requires access to the Evidence/Property Room(s) and the authorized personnel are unavailable. Upon use of pass card the Evidence Control Supervisor shall issue a new 4 digit pass code. The pass card will then be secure in a new envelope with the new pass code written inside the sealed flap. The pass card will then be returned to the office of the Chief of Police. Final Disposition of Evidence/Property (e127) 41.14) Evidence and/or found property released to the owner, or for auction or destruction must be logged out in the IMC Evidence/Property Screens and if evidence, must be logged out on AOM 0402. Evidence/Property Tracking Log. The computer property inventory ‘racking maintenance screen shall be completed ‘A. Evidence: When a final disposition is reached in court, the officer, unless the court has made a specific disposition, shall return the evidence/property tothe owner if they are present. The ‘owner must sign the evidence/property tag indicating the date and time of receipt. The tag shall be returned to the Property Control Officer. If the evidence/property is brought back to the station by the officer, he/she must tum the item(s) over to the OIC, The OIC shall record the item(s) into AOM 0402.6 Evidence/Property ‘Log and place them into a proper storage ares. age Ser7 ean ote npn TeaThe E/P Control Supervisor, Control Officer or Court ‘Administrator shall notify the owner to arrange for the retum of the evidence/property or its disposal. (8...) 1, Contraband: Items of contraband shall be stored separately from other items and may be destroyed upon disposition from the case. Drugs / Narcotios: The E/P Control Officer shall ensure thet on a periodic bass all controlled substances and narcotic drugs seized by the Department are properly inventoried and destroyed (Refer to AOM 0402,f Drug Destruction Protoco). Safekeening, Recovered and Found Property: Unless claimed by the owner, all recovered or found property, or property submitted for safekeeping, shall be kept by tis Deparment fora period of at least 30 days, All unclaimed cash shall be kept by this Department fora period ofa leas 1 year and 1 day. 1, If Owner is Known: Officers taking possession of found property shall ensure that the property is retumed to its owner. All etumed property and attempts to return property, shall be documented in the department computer evidencelproperty tracking system, 2. If Owner is Not Known: Every reasonable effort should be made to identify, locate and notify owners of the status of their property. (21.9 3. Found Property: In situations where the property was found and the owner was not identified, the finder may be eligible to claim the item after 30 days or ifthe property is cash, 1 year and | day. inal Disposition: Final disposition of found, recovered or ntiary property in custody shall be completed within (BO) days after legal requirements have been satisfied jen) * our q oa Nbetangten ote DepneVi. Evidence and Property Room inspection ‘Responsibility of Evidence/Property Control Supervisor: At least ‘semi-annually, the E/P Control Supervisor shall be responsible for inspecting all property storage areas to determine adherence to procedures used for the contol of property. The results ofthis, inspection shell be docurrented on AOM 0402.¢ Semi-Annual Property/Evidence Inspection Form, which shall be maintained inthe E/P Control Supervisor's office. re.6a1 |. Annual Audits: On an amual basis, the Chief of Police shall appoint a supervisory office, not routinely or directly connected with the control of property fo conduct an inspection of property hheld by the Department. The purpose of this inspection is to ensure the integrity of the system and does not require the examination of every item held by the agency. The results of this inspection shall be documented. (2.1.66) ‘Unannounced Inspections: In addition to the above, the Chief of Police shall direct unamounced inspections of the property storage areas. (4.1.64 ‘ieremination Gate: G9 B ective Date Wea ascinds, Amends, oF Special atiucTones erlaced §.210, 08728102 ‘Amended 307, 98, G08, 0100, 0208, «71, 72018. Reviewed 0716, 1008, 03107, 03108, soa, 070, C20, at142013, 72015 707 c a Serban Pte Dare Stonat 208