To ensure that employees of the Delaware County Park Police Department Officers and Staff conduct themselves in a professional manner and properly and lawfully discharge their duties, all complaints against employees will be investigated and processed in accordance with the County of Delaware Personnel Policy and the Department’s Standard Operating Procedures. This procedure permits citizens to seek redress of their legitimate grievances against a Delaware County Park Police employee and/or the Department when he or she feels subjected to improper treatment by said employee and/or the Department. It promotes an internal system whereby objectivity, fairness, and justice are ensured by an impartial investigation and review. It provides anonymous complaints, helps promote a positive image, and helps ensure the integrity of the Police Department. It also helps protect the rights and interests of the private citizen, as well as the Department’s employees. Finally, it provides the Chief of Police with an opportunity to monitor employee compliance departmental policy, standard operating procedures, and rules and regulations.
Complaints may be made via the telephone, in person, in writing, or via any other available media. Any sworn, ranking officer may take the initial complaint and ensure that basic information is collected from the complainant (e.g. name, address, phone number, basic complaint). A complainant has the right to make an anonymous complaint and has the right to submit a complaint without speaking with any member of the department. Any person wishing to make a complaint without speaking with a staff member will be provided with a Formal Complaint Form. Should the request for a complaint form be made via the telephone, the complainant will be directed to the department’s website: (https://delcopa.gov/parkpolice) where they can download the form without having to come to the department’s headquarters. Under no circumstances will any member of this department attempt to talk a person out of making a complaint; and, all members of this department in receipt of a complaint will promptly forward the information to the Chief of Police. All investigations will be classified in one of two categories:
- Criminal Investigation – Investigations of employees that involve allegations of criminal misconduct or criminal violations against any laws of the City, State or Federal Government. These also include physical abuse, brutality, civil rights violations, criminal negligence, and misconduct toward others. These do not include minor traffic violations.
- Administrative Investigation – Investigations of all complaints involving violations of rules and regulations of the city or the Police Department. These also include investigations of minor traffic violations, allegations of verbal abuse, abusive conduct toward others, misconduct toward others and inappropriate conduct toward citizens or other employees.
Results of the investigation will be classified in one of the following categories:
- Unfounded (explanation)- The investigation conclusively showed the incident complained of did not occur, or that the individual named in the complaint was not involved.
- Exonerated (explanation) - The incident complained about did occur, but was justified, lawful and proper.
- Non-Sustained (explanation) - The investigation failed to reveal enough evidence to clearly prove or disprove the allegation.
- Sustained (explanation) - The investigation disclosed enough evidence to clearly prove the allegation.
The Chief of Police reviews all findings. When a finding of "sustained" is reported, the Chief of Police will decide whether to take immediate corrective action or to forward the report to the commanding officer of the individual named in the complaint. Appropriate corrective action, which may include counseling, training, oral reprimand, written reprimand, suspension, demotion, or dismissal, may be taken. The Chief of Police will make the final determination.
Warning: Pennsylvania Crimes Code Title 18 specifically states Section 4904: Unsworn falsification to authorities:
A person commits a misdemeanor of the second degree if, with intent to mislead a public servant in performing his official function, he/she:
- Makes any written false statement which he does not believe to be true;
- Submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or
- Submits or invites reliance on any sample, specimen, map, boundary mark, or object which he knows to be false
Statements "under penalty" - A person commits a misdemeanor of the third degree if he makes a written false statement or allegation which he/she does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.