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Complaint Process

Complaint Process

The Sheriff or Undersheriff reviews every complaint and assigns it for investigation. Assignment depends on the nature of the complaint. BCSO handles complaints in one of three ways:

  • Division Review: The complaint goes to the division involved. The Division Commander conducts the investigation or delegates it to a qualified subordinate.
  • Criminal Investigation: Complaints involving criminal conduct go to a Sheriff’s Office detective. In some cases, an outside law enforcement agency conducts the investigation.
  • No Further Action: The case is closed if the allegation lacks merit, occurred more than six months ago, or involves a different agency. The complainant receives a letter explaining the decision and the appeals process.

How Are Cases Investigated?

Once assigned, the investigation may include questioning the complainant, any witnesses, and the involved Sheriff’s Office member or members. Additionally, investigators secure any relevant evidence. Finally, interviews are scheduled at the convenience of both the complainant and the investigator. The Sheriff’s Office aims to complete all complaint investigations within 30 days.

What Happens After the Investigation?

After review, every complaint receives one of four findings:

  • Unfounded: The investigation found no basis for the allegation.
  • Exonerated: The Deputy’s actions were within Sheriff’s Office policy.
  • Insufficient Evidence: There was not enough evidence to confirm or disprove the allegation.
  • Sustained: The Deputy violated Sheriff’s Office policy or procedure.

The investigator forwards the report and recommended finding to the Sheriff for final action. Afterward, both the complainant and the involved Sheriff’s Office member are notified of the outcome.

Is There an Appeals Process?

Yes. If unsatisfied with the result, the complainant may appeal directly to the Sheriff in writing. Submit the appeal within 14 days of receiving the results notification letter.

If still unsatisfied after the Sheriff’s decision, the complainant may appeal to the Benton County Law Enforcement Review Committee (LERC). File the second appeal within 14 days of receiving the Sheriff’s written decision. The LERC operates under the authority of the Board of Commissioners.

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