Current through March 20, 2024
Initiation of a Complaint Leading to Revocation of
Certification
005.01 Notification by a
law enforcement agency
A written informal complaint shall be filed with the
Executive Director of the Nebraska Commission on Law Enforcement and Criminal
Justice (hereinafter Commission) when an agency has reason to believe that it
knows of an officer who falls within the purview of Neb.Rev.Stat. §
81-1403(6)
and/or section 003 of this
chapter.
005.02 Notification
by the Public
When an individual has reason to believe that there is an
officer who falls within the purview of Neb.Rev.Stat. §
81-1403(6)
and/or section 003 of this chapter, that
individual must file a written informal complaint with the Executive Director
of the Commission.
005.03
Initiation of a Complaint by the Director of the Law Enforcement Training
Center
Pursuant to his/her duties as specified in Neb. Rev. Stat.
§
81-1404,
the Director may commence revocation proceedings when the Director becomes
aware of grounds constituting revocation proceedings as outlined in this
chapter.
005.04 The informal
complaint shall be in writing and signed by the complainant or authorized
representative if complainant is a department or organization.
005.05 The informal complaint, whenever
possible, shall contain the following information:
1. Full name, address and telephone number of
the complainant;
2. Full name,
address, and telephone number, if known, of the officer who is the subject of
the complaint;
3. A concise
statement of the facts which the complainant believes brings the officer within
the purview of Neb.Rev.Stat. §
81-1403(6)
and/or section 003 of this chapter together
with supporting documentation, if any.
005.06 When completed, informal complaints
shall be delivered to the Nebraska Commission on Law Enforcement and Criminal
Justice, 301 Centennial Mall South, P.O. Box 94946, Lincoln, Nebraska 68509.
Upon receipt, each informal complaint shall be assigned a number and reviewed
by the Executive Director.
1. The Executive
Director shall review every informal complaint. If the allegations of the
informal complaint describe conduct which, even if true, would not constitute
grounds for revocation, the matter will be rejected. The complainant will be
notified of such rejection.
2. If
there is a question as to the merits of the informal complaint, the individual
who has requested revocation may be required to supply additional information
to the Executive Director. The Executive Director may also ask that the officer
who is the subject of the informal complaint (hereinafter respondent) to
provide information as outlined in this chapter.
005.07 A summary of the allegations shall be
sent to the respondent by United States mail, certified mail, return receipt
requested.
005.08 The respondent is
allowed fifteen (15) days from the date of mailing of the informal complaint to
informally respond to the allegations of the complaint. The response shall be
in writing and shall be delivered to the Executive Director in person or by
United States mail, certified mail, return receipt requested.
005.09 Automatic Revocation based upon Final
Felony Conviction
005.09A If the Director of
the Nebraska Law Enforcement Training Center receives notice that the
respondent has been convicted of a felony and the conviction is final, the
Director shall:
005.09A(1) Take reasonable
efforts to notify the respondent within 30 days of the receipt of the
information pertaining to the felony conviction. The notification procedure
outlined in section 005.07 shall constitute reasonable notice.
005.09A(2) The notification shall include a
summary of the felony conviction(s) and notice of the opportunity to be heard
when the respondent believes that the conviction is not final or concerns
someone other than the respondent.
005.09B The provisions of sections 006
through 010 of this chapter shall not apply to cases of automatic revocation
procedures for final felony convictions.
005.09C The respondent shall have 30 days
from receipt of the Director's notice to file his or her intent to appear. If
no intent to appear has been filed, then the respondent's law enforcement
license/certificate shall be automatically revoked without any further action
by the Council or Commission. The Director shall cause the respondent's
permanent officer file to reflect that his or her license/certification has
been revoked.
005.09D In the event
that the respondent files notice of his or her intent to appear, the Director
shall forward the officer's permanent file and the certified conviction packet
to the Council for review and subsequent action. The review hearing shall occur
no later than sixty days after the receipt of the intent to appear. The Council
shall provide to the respondent notice of the review hearing date and time.
005.09D(1) If the respondent fails to appear
before the Council, either personally or electronically, then the respondent's
certificate shall be automatically revoked as outlined in section
005.09C.
005.09D(2) The only issues that may be raised
by the respondent are that the conviction is not final and/or the felony
conviction did not involve the respondent as the defendant.
005.09D(3) Upon competent proof of the final
conviction, the Council shall enter an order recommending revocation of the
respondent's law enforcement certificate(s) and forward the matter to the
Commission for final review and approval.
