81-1414.14. Law enforcement officer misconduct; complaints; policy required; investigations; agency powers and duties.
318 words·~1 min read·
/ne/chapter-81/81-1414-14A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Each law enforcement agency or agency employing a law enforcement officer shall have a policy in its standard operating procedures regarding accepting and investigating complaints of law enforcement officer misconduct.
(2)If an agency receives a complaint of law enforcement misconduct which could constitute grounds for revocation or suspension under subdivision
(6)of section 81-1403 :
(a)The agency shall investigate the matter;
(b)The investigation shall be carried out by a law enforcement officer who has experience investigating allegations of misconduct by law enforcement officers; and
(c)The agency shall complete the investigation within one hundred days after the complaint. If criminal charges against the officer are being considered, the one-hundred-day deadline shall be tolled until a charging decision has been made and the prosecuting attorney has filed charges or declined to file charges. Upon completion of any investigation under this subsection, the agency shall report the results of the investigation to the executive director of the commission.
(3)If a law enforcement agency determines that a complaint investigated under subsection
(2)of this section may be grounds for revocation of a law enforcement officer's certification, the agency shall forward the matter to the commission and the commission shall investigate such complaint. Any investigation by the commission shall be completed within one hundred eighty days after receipt of the complaint. If such investigation is not completed within one hundred eighty days, the investigation shall be deemed closed and the officer shall be notified. The commission may begin a new investigation if new information not available during the previous investigation is received and an investigation is warranted.
The statutory duty to adopt policies regarding complaints of officer misconduct and to investigate misconduct that could constitute grounds for revocation or suspension was one factor in finding that complaints about officer misconduct filed with internal affairs are absolutely privileged. Elbert v. Young, 312 Neb. 58, 977 N.W.2d 892 (2022).