Citizen Complaint Flashcards
Citizen Complaint
Outline
POLICY
- Planning, purpose, Review 10.4, POBR, MOU, Nexus, Fair/Impartial, Confidential
ANALYSIS
- Initial (Complaint?, Category?)
- Yes, then PANDI, (Provide, Advise, Notify, Initiate)
Investigation
- Interviews
- Evidence
Officer Interview
- POBR
- Representation
- Miranda
Findings
NOTIFICATION
- Command
- DA Office
- OIA
DOCUMENTATION
- File
- Chrono
- Closing docs
- Employee file
AFTER-ACTION
- PEER/EAP
- Training
CLOSING
- Law and policy
- Transparency/Public trust
- Civil liability
- Pro/Org Values
Citizen Complaint
Policy
As a supervisor:
-Purpose is to clear or provide basis for corrective or adverse action
-Good planning and documentation is key for a quality investigation
- Review 10.4, POBR, MOU
- Ensure nexus to Dept
- Fair/Impartial
- Confidential
Citizen Complaint
Analysis
Initial
Determine if there is a complaint
Cat 1 - Physical contact, Excessive Force, Criminal, Racial, Sexual, Immoral Conduct
Cat 2 - Verbal and nonverbal discourtesy
“Other” - Departmental, citation validity, rescinded, frivolous
Non-Complaints – Traffic, Vehicle storage/impound, off-duty
If yes
Provide complainant with CHP 240B, mail within 5 days, return within 10
Advise of criminal/civil penalties of false/malicious complaints
Notify command, Plan of Action
Document complaint control log 240A, get control #
Initiate complaint per 823.5 PC
Citizen Complaint
Analysis
Investigation
Complainant interview (audio record)
Witness interviews (audio record)
MVARS
Scene visit
Evidence, photos, videos, documents
Citizen Complaint
Analysis
Officer Interview
Gather all facts, establish questions/answers before Officer Interview
Officer interview (audio record)
Private location
Confidential
POBR
- Reasonable hour
- Reasonable length of time
- No more than 2 interrogators at a time
- Only scope of investigation
Initial interview, no reps.
If interview is leading towards AA, stop and advise representation
If criminal – Miranda
Citizen Complaint
Analysis
Findings
Findings (SUUDE):
Sustained
Unintentional error
Undetermined
Departmental
Exonerated
Progressive discipline or AA at Commander’s discretion
Citizen Complaint
Notification
- Chain of command, seek guidance throughout entire process
- If criminal, DA/CA Office
- OIA
Citizen Complaint
After-Action
EAP/PEER support
Training: Training days, briefings, SROVTs, ride alongs, conversations
Citizen Complaint
Closing statement
As a Sergeant:
I will ensure citizen complaints are handled in accordance with law and policy
This will promote integrity, public trust and transparency
Limit exposure to civil liability
Ensure myself and my Officers are continually promoting the professional and organizational values of the department
