Internal Affairs Complaints

The members of the Berlin Police Department are committed to providing law enforcement services that are fair, effective and impartially applied. It is in the best interests of everyone that your complaint about the performance of an individual officer is resolved fairly and promptly. The Police Department has formal procedures for investigating your complaint. These procedures are designed to ensure fairness and protect the rights of both citizens and law enforcement officers:

  1. Reports or Complaints of officer/employee misconduct must be accepted from any person, including anonymous sources, at any time.
  2. Complaints shall be accepted regardless of age, race, ethnicity, religion, gender, sexual orientation, disability, or immigration status of the complaining party.
  3. Your complaint will be sent to a superior officer or a specially trained internal affairs officer who will conduct a thorough and objective investigation.
  4. You might be asked to help in the investigation by giving a detailed statement about what happened or providing other important information or documents.
  5. All complaints against law enforcement officers are thoroughly investigated. You will be kept informed of the status of the investigation and its ultimate outcome, if requested, and you provide contact information. The exact discipline imposed is confidential, but you will be advised of the ultimate finding, namely:
    1. Sustained: A preponderance of the evidence shows an officer violated any law; regulation; directive, guideline, policy, or procedure issued by the Attorney General or County Prosecutor; agency protocol; standing operating procedure; rule; or training.
    2. Unfounded: A preponderance of the evidence shows that the alleged misconduct did not occur.
    3. Exonerated: A preponderance of the evidence shows the alleged conduct did occur, but did not violate any law; regulation; directive, guideline, policy, or procedure issued by the Attorney General or County Prosecutor; agency protocol; standing operating procedure; rule; or training.
    4. Not Sustained: The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation.
  6. If our investigation shows that a crime might have been committed, the county prosecutor will be notified. You might be asked to testify in court.
  7. If our investigation results in an officer being charged with a violation of department rules, you might be asked to testify in a departmental hearing.
  8. If our investigation shows that the complaint is unfounded or that the officer acted properly, the matter will be closed.
  9. Internal affairs investigations are confidential and all disciplinary hearings shall be closed to the public unless the defendant officer requests an open hearing.
  10. You may call Internal Affairs at (856) 767-4700, option 7, with any additional information or any questions about the case.

NJ Attorney General’s Citizen Complaint Checklist
Capture

Berlin Police Department Internal Affairs Policy 11-001
Berlin Police Department Early Warning System Policy 18-001

Compliance with requirement 10 of the Attorney General’s Internal Affairs policy and procedure requires that each agency must release reports to the public summarizing allegations received and the conclusions of the subsequent investigations. The summaries of the Berlin Police Department’s Internal Affairs Investigations are below:

Annual Internal Affairs Summary 2020
Annual Internal Affairs Summary 2019
Annual Internal Affairs Summary 2018

The 4 A’s of Internal Affairs

  1. ANYONE – Any individual must be permitted to file an Internal Affairs complaint. It can be a victim, a friend of the victim, a parent, a juvenile (with or without parents), an illegal alien (we are not permitted to ask about immigration status) or it can be anonymous. ANYONE means ANYONE.
  2. ANY WAY – An Internal Affairs complaint can be filed in ANY WAY. It could be filed by phone, by letter, written on a napkin, in person… Whatever is best for the person filing. We cannot make someone show up in person or swear the statement to initiate the complaint process.
  3. ANY TIME – A complaint must be taken regardless of the hour or day of the week. At no time should a complaint be told to return later, even if the IA officer is unavailable. ANY law enforcement officer or civilian employee must take a complaint.
  4. ANYTHING – As long as a complaint has sufficient factual information, the complaint must be investigated. It is predicated upon the victim’s view of the situation.

* * * LAW ENFORCEMENT MUST AVOID ANY LANGUAGE THAT IS DESIGNED TO DISSUADE SOMEBODY FROM FILING A COMPLAINT.CP

Annual Major Discipline Reporting Form 06-15-2020 to 12-31-2020