Investigatory & Appeal Process

Investigatory Process

Any person claiming to be aggrieved by the actions of APD may file civilian police complaints (CPCs) with the CPOA or APD and may do so any time after the alleged incident occurs. If the complaint is filed with APD police, the Department must refer the complaint to the CPOA within three business days. Upon receiving a complaint, the CPOA promptly begins the initial review and assessment process. Once this initial phase is completed, the CPOA may:

• Refer the complaint to mediation, Internal Affairs, or Area Command when a complaint alleges:
  1. A delayed or non-response to a call for service or misconduct only with a 911 service operator
  2. A driving or traffic violation where there is no direct encounter or interaction with a citizen
  3. Criminal activity, potentially discovered after a preliminary investigation on information received in the original complaint
  4. Misconduct by a non-sworn, non-operator APD employee who, by policy, is not equipped with OBRD. Exceptions may be made depending on the severity of allegations
• Resolve the complaint without a full investigation when it is determined that the complaint:
  1. Does not allege misconduct by an APD employee
  2. The policy violations are minor and pattern does not exist
  3. The allegations are duplicative of another complaint or investigation
  4. There is a lack of information to complete the investigation,
  5. The complainant requests to withdraw the complaint (exceptions may apply)
  6. The complaint was resolved through informal mediation or referral to another agency to include formal mediation
• Conduct a full investigation

During an investigation, the assigned investigator will review the complaint, interview complainants, witnesses, and other APD personnel involved, obtain evidence, review other necessary materials, and make recommended findings within 120 days. Once the complaint investigation is completed, the agency's Executive Director will review the findings to determine if there are any Albuquerque Police Department Standard Operating Procedures (SOPs) violations. The six possible CPOA complaint findings are:

• Sustained – Where the investigation determines, by a preponderance of the evidence, that the alleged misconduct did occur.
• Not Sustained – Where the investigation is unable to determine, by a preponderance of the evidence, whether the alleged misconduct occurred.
• Exonerated – Where the investigation determines, by a preponderance of the evidence, that the alleged conduct did occur but did not violate APD policies, procedures, or training.
• Unfounded – Where the investigation determines, by clear and convincing evidence, that the alleged misconduct did not occur or did not involve the subject officer.
• Sustained Violation Not Based on Original Complaint (Sustained/VNBOOC) – Where the investigation determines, by a preponderance of the evidence, that misconduct did occur that was not alleged in the original complaint and was discovered during the investigation.
• Administratively Closed – Where the policy violations are minor, the allegations are duplicative, or an investigation cannot be conducted because of the lack of information in the complaint.

Appeal Process

Upon receipt of the findings, the civilian complainant has 30 days to request an appeal hearing by the CPOAB. The Agency and the CPOAB alert the Office of Police Reform of any such appeal and hold a hearing on the matter at their next scheduled meeting. The CPOAB may amend findings or recommendations from the public letter to the complainant and make additional ones to the Office of Police Reform at the hearing based on the criteria established in the Ordinance if the CPOAB finds that the policy was misapplied, the findings or recommendations were arbitrary, or the findings were inconsistent with the available evidence. Following the hearing, the CPOAB will provide a written Notice of Decision to the complainant, implicated employee, CPOA Executive Director, and Office of Police Reform. The Office of Police Reform has 20 days after receiving the CPOAB’s Notice of Decision to provide the CPOA and civilian complainant with their final disciplinary decision. 

Within 30 days of receiving the final disciplinary decision, the civilian complaint may request that the Chief Administrative Officer (CAO) review the complaint, the CPOA’s disciplinary recommendation, and the Office of Police Reform’s final disciplinary decision. Upon completing the review, the CAO has 90 days to override the Office of Police Reform’s final disciplinary decision. The CAO is to notify the complainant, implicated employee, Office of Police Reform, and the CPOA Executive Director of their review and any action taken.