SECTION 800:1-10-3. Investigation of complaints

  The following outlines procedures for conducting an employee complaint investigation.

(1)   Investigations of complaints as defined in 800:1-10-2 shall be conducted by the designee of the Director.

(2)   The investigator(s) shall begin the investigation at the earliest opportunity and perform a prompt, thorough and impartial investigation of the complaint.

(A)   The investigator(s) shall contact the complainant personally (or by letter if out of state) as soon as practical to discuss the complaint in detail and to obtain all pertinent facts of the situation.

(i)   The investigator(s) shall obtain from the complainant and record any specific details or circumstances not included in the original complaint.

(ii)   A sworn affidavit shall be requested of the complainant. The absence of a sworn affidavit shall not necessarily preclude any investigation.

(B)   Any employee(s) against whom a complaint has been made may be required to give a written or tape recorded statement. Every public employee is accountable for their actions; therefore any employee must expect to explain their actions when required. An employee under investigation may request and receive a copy of any written statement they have provided.

(C)   An attempt shall be made to obtain a written or recorded statement from all known witnesses or individuals who can contribute pertinent information. If written or recorded statement are not available, pertinent information is to be included in narrative reports.

(D)   Any written or recorded statement made by the complainant to an investigator shall be made available to the employee being accused.

(E)   An employee who is the subject of a complaint will be notified by a supervisor in their Division. An employee who is the subject of a complaint investigation [or any person who has direct knowledge of the matter] is prohibited from contacting or intimidating the complainant in an attempt to discourage the complainant from following through with said complaint. Such intimidation shall be grounds for immediate suspension or dismissal.

(F)   The investigation shall be completed within thirty days or status reports submitted to the Director at thirty day intervals until the investigation is completed.

(3)   Any employee who is the subject of a complaint investigation may be called on to answer questions.

(A)   Such an employee may request he/she be given a polygraph examination, but only at the employee's request and prior approval of the Director.

(B)   A polygraph examination, if administered, shall be completed within a reasonable time and according to professionally accepted standards.

(4)   An employee failing to cooperate in a complaint investigation may be subject to disciplinary action, according to Department discipline policy.

(5)   Within five (5) working days after the investigation has been completed, the investigator shall prepare and submit to the Director a complete, accurate written report of the investigation. All written statements shall be attached to the report and the entire report forwarded through channels to the Director.

(6)   Investigations of complaints as defined in 800:1-10-2 will not require any action solely based on the complaint. However, Supervisor, Division Chief, Director and employee will be notified and provided information. Further investigation will be conducted only if Director, Division Chief or immediate Supervisor deems it necessary.

(7)   All employee complaint investigations are strictly confidential and for Department use only, except where complaint investigations result in legal proceedings for violation of the law.

[Source: Added at 13 Ok Reg 171, eff 9-21-95 (emergency); Added at 13 Ok Reg 1389, eff 5-13-96]