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Tab 16 of the Investigations Procedure Manual

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Notification to Recipient that you will investigate a complaint (with Data Request

January 21, 1998

Certified, Return Receipt Requested

The Honorable Fellow
Anyplace
City Hall
Anyplace, US

(Note: Letter may be addressed to the Mayor, Chief Officer of the Program your agency funds, or other responsible agency official. This decision may be based on the scope of the complaint or issues.)

Re:Complaint Number
Complainant v. Anyplace Police Department, US

Dear Mayor Fellow:

This letter will confirm telephone notification to your office on January 20, 1998, by Ms. Outstanding Investigator, of my staff, that the Coordination and Review Section, Civil Rights Division, Department of Justice (DOJ), has received a complaint against the City of Anyplace, alleging discrimination on the basis of race and national origin. The complainant, Mr. Complainant, alleges that the Police Department is discriminating against the residents of the City's South Side Community, the majority of whom are minority, by failing to provide adequate police services. Mr. Complainant alleges that the police services provided to the South Side Community are inferior to those provided to other sections of the City, all of which have a majority white population, and that this practice has an adverse and discriminatory impact on the residents of the community.

The Coordination and Review Section (COR) of the Civil Rights Division is responsible for investigating complaints against recipients of financial assistance from DOJ. The Department's recipients include police and sheriffs' departments, State departments of corrections, courts, and other entities. We have determined that the Anyplace Police Department receives Federal financial assistance from DOJ. Therefore, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., applies. Title VI prohibits discrimination on the basis of race, color, and national origin and provides jurisdiction for COR to investigate Mr. Complainant's allegations.

In addition to investigating complaints against DOJ's recipients, we are required to make findings of fact and conclusions of law, and attempt to negotiate voluntary compliance if a violation is found. Our regulation also provides for the use of alternative means of dispute resolution, where appropriate, including settlement negotiations and conciliation.

In order to facilitate our investigation, we have enclosed an initial Data Request. However, we believe that the issues raised in this complaint may best be addressed through a negotiated settlement. If you are interested in entering into negotiations to address the allegations raised in this complaint, it may not be necessary to answer all of the questions in the Data Request at this time. Alternatively, you may provide all the information requested and subsequently request that settlement negotiations or other alternative dispute resolution techniques be initiated. Please notify Ms. Investigator, the investigator assigned to this case, within 15 days of the date of this letter if you wish to enter into settlement negotiations at this time to resolve this case.

In lieu of settlement, we ask that you provide the information requested in the Data Request within 30 days of the date of this letter. We will review and analyze your response, and determine whether further investigation is necessary, including an onsite visit to conduct interviews and review additional documents. Generally, when an investigation is completed, the results of the investigation are sent to a recipient in a Letter of Findings. If the investigation reveals discrimination that violates the civil rights statutes that apply in this case, attempts will be made to resolve the matter before issuing a violation Letter of Findings. If a violation letter is issued and an agreement cannot be reached on a remedy, enforcement action may be initiated. This enforcement may be an administrative hearing to terminate DOJ's financial assistance to the programs and services of the Anyplace Police Department, or other means authorized by law.

We are obligated to inform you that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the civil rights laws we enforce. Any individual alleging such harassment or intimidation may file a complaint with the Department of Justice. We would investigate such a complaint if the situation warrants.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that we receive such a request, we will seek to protect, to the extent provided by law, personal information which, if released, could constitute an unwarranted invasion of privacy.

If you or your staff wish to discuss this matter, please feel free to contact

Ms. Investigator at (000) 000-0000 (voice) or (000) 000-0000 (TDD). Please direct any written correspondence regarding this matter to Ms. Investigator at the Coordination and Review Section, Civil Rights Division, Department of Justice, P.O. Box 66560, Washington, D.C. 20035-6560 and reference the Department of Justice complaint number cited above. Thank you for your cooperation.

Sincerely,

Merrily A. Friedlander
Chief
Coordination and Review Section
Civil Rights Division

cc: Charles Headcop
Chief of Police

Enclosure



DATA REQUEST

Re: DOJ Complaint Number 000-00-0000
Complainant v. Anyplace Police Department

The following information is required by the Department of Justice to facilitate the investigation of a complaint against the Anyplace Police Department (APD), alleging violations of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq.

In addition to the specific information requested, please provide any other information that the APD would like the Department of Justice to consider in making its determination in the case. Also, provide the name and telephone number of the Police Department staff member who compiled the information provided in response to this Data Request, and the name and telephone number of the staff member to whom this office should direct any future questions.

1. Please provide >>>

2. Etc.

(We suggest that you include questions that request information on the Federal funds the recipient receives, as well as its procedures for letting program beneficiaries file complaints alleging discrimination in its programs.) For example:

14. Please identify the source, amount, type, name of program, and funding period of all Federal financial assistance received by the APD since January 1, 1993, directly from the Department of Justice or other Federal agency, or indirectly through the State of US or any other entity. Financial assistance can include grants, federally forfeited assets, training, property, and other forms of assistance. Where assistance has been received in the form of money, explain how the money was spent, and it the money was used to purchase equipment or materials, identify the item purchased and state whether the item continues to be used the APD. Also identify any applications for Federal assistance that are pending.

15. Please provide copies of the policies and procedures of the APD and other city offices concerning the manner in which persons may file complaints against the APD or its officers and the manner in which such complaints are investigated, processed, and adjudicated (including any appeal procedures). Please explain how members of the public are notified of these procedures.


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Vanita Gupta
Acting Assistant Attorney General
Contact
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(202) 514-4609
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