Tab 12, Investigation Procedures Manual, Civil Rights Division

Tab 12

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Notification to Recipient that you will investigate a complaint (without a Data Request)

January 21, 1998

Certified, Return Receipt Requested

The Honorable Fellow
City Hall
Anyplace, USA

(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 Federal Coordination and Compliance 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 Federal Coordination and Compliance 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. 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 Title VI, 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 committed to resolving this complaint in a productive and amicable manner.

[In order to facilitate our investigation, we will send you an initial Data Request in the near future. 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.]

[In order to facilitate our investigation, we request that you submit a position statement responding to the allegations listed above, within 30 days of the date of this letter. Please include any pertinent documents, records, names of witnesses, (list as appropriate) to support your statement.]

[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, please notify Mr. Investigator Outstanding, the investigator assigned to this case, at (000) 000-0000 (voice) or (000) 000-0000 (TDD) within 15 days of the date of this letter.]

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 Mr. Investigator at (000) 000-0000 (voice) or (000) 000-0000 (TDD). Please direct any written correspondence regarding this matter to Mr. 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
Federal Coordination and Compliance Section
Civil Rights Division

cc: Charles Headcop
Chief of Police


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Updated August 6, 2015