High-Risk Critical Task/Internal Affairs and Complaints
Nebraska state law at NRS 81-1414.14 requires law enforcement Agencies to have a policy on accepting and investigating complaints about law enforcement officer misconduct. It is imperative that the Agency operates in transparency. The Agency must be responsive to complaints alleging misconduct by its officers and external concerns regarding the operation of the Agency. Members of the public shall be provided with a reasonable avenue for redress of any grievances they may have with the service received by Agency employees or the conduct of the Agency. Complaints alleging employee or Agency misconduct are accepted for the following principal reasons:
- To ensure that complaints alleging employee or Agency misconduct are accepted and investigated in a consistent and reasonable manner to uncover the truth of the allegations,
- To identify areas of misunderstanding by the complaining citizen,
- To identify employees whose conduct and/or performance needs correction and supervisory intervention,
- To protect Agency employees and the Agency from erroneous complaints, and
- To identify Agency policies, training and/or practices in need of reevaluation, clarification and/or correction.
All complaints about employee misconduct will be accepted from all persons. Employees shall assist individuals who wish to lodge a complaint against any member of the Agency by explaining the complaint procedure or contacting an on-duty supervisor if necessary. Upon receiving a complaint alleging the commission of a crime or serious violation of Sheriff’s Office policy or procedure, the receiving supervisor shall conduct a preliminary investigation to determine the nature of the allegation, collect any physical evidence that is relevant to the investigation and in jeopardy of being lost, secure any crime scene if appropriate, and immediately notify the Sheriff via the chain of command.
Scenario: A citizen/complainant walked into the Sheriff’s Office to speak with the on-duty supervisor. The citizen/complainant alleged that deputies stopped him earlier in the shift, took him out of his vehicle, searched it, took his wallet (containing cash), his prescription medication (pain killers), and let him go without any further explanation. Based on the incident location, the supervisor was able to determine the deputies involved and therefore was able to review the body worn camera video that captured the entire incident. The BWC video of both deputies on-scene showed that the deputies put the complainant’s wallet and prescription bottle on the roof of his vehicle and reminded him that they were there prior to leaving the scene. The deputy also gave the complainant a verbal warning and documented the vehicle stop appropriately. When the supervisor responded to the location of the motor vehicle stop, the prescription medication and the wallet were still on the ground, indicating that the complainant had likely driven away with the items still on the roof of his vehicle.
Question: Should the supervisor document the complaint and how it was resolved?
Answer: Yes, the complaint should be documented. It is the policy of the Sheriff’s Office to accept and document all complaints alleging employee or Agency misconduct.
Additionally, the acceptance and documenting of this complaint and its resolution support the concepts of transparency and responsiveness to the concerns and complaints of the citizens the Agency serves.
Need help with updating or implementing a policy addressing citizen complaints and administrative investigations? Contact Todd Duncan at tduncan@nirma.info for a copy of NIRMA’s 2026 model policy.
The content of this Roll Call is derived from the Law Enforcement High-Risk Critical Task Lesson Plans of Legal and Liability Risk Management Institute (LLRMI). It has been edited by NIRMA for Nebraska agencies.
