Policy Text
Policy
1005Fremont Police Department
Anti-Retaliation
1005.1 PURPOSE AND SCOPE
This policy prohibits retaliation against members who identify workplace issues, such as fraud,
waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices,
including violations that may pose a threat to the health, safety or well-being of members.
This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such
as discipline for cause.
These guidelines are intended to supplement and not limit members’ access to other applicable
remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to
any applicable federal law, provision of the U.S. Constitution, law, ordinance or memorandum of
understanding.
1005.2 POLICY
The Fremont Police Department has a zero tolerance for retaliation and is committed to taking
reasonable steps to protect from retaliation members who, in good faith, engage in permitted
behavior or who report or participate in the reporting or investigation of workplace issues. All
complaints of retaliation will be taken seriously and will be promptly and appropriately investigated.
1005.3 RETALIATION PROHIBITED
No member may retaliate against any person for engaging in lawful or otherwise permitted
behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory;
for reporting or making a complaint under this policy; or for participating in any investigation related
to a complaint under this or any other policy.
Retaliation includes any adverse action or conduct, including but not limited to:
•Refusing to hire or denying a promotion.
•Extending the probationary period.
•Unjustified reassignment of duties or change of work schedule.
•Real or implied threats or other forms of intimidation to dissuade the reporting of
wrongdoing or filing of a complaint, or as a consequence of having reported or
participated in protected activity.
•Taking unwarranted disciplinary action.
•Spreading rumors about the person filing the complaint or about the alleged
wrongdoing.
•Shunning or unreasonably avoiding a person because he/she has engaged in
protected activity.
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1005.3.1 RETALIATION PROHIBITED FOR REPORTING VIOLATIONS
An officer shall not be retaliated against for reporting a suspected violation of a law or regulation
of another officer to a supervisor or other person in the Department who has the authority to
investigate the violation (Government Code § 7286(b)).
1005.4 COMPLAINTS OF RETALIATION
Any member who feels he/she has been retaliated against in violation of this policy should promptly
report the matter to any supervisor, command staff member, Chief of Police or the City Human
Resources Director.
Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations
or transgressions, and make reasonable efforts to verify facts before making any complaint in order
to avoid baseless allegations. Members shall not report or state an intention to report information
or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of
the information or otherwise act in bad faith.
Investigations are generally more effective when the identity of the reporting member is known,
thereby allowing investigators to obtain additional information from the reporting member.
However, complaints may be made anonymously. All reasonable efforts shall be made to protect
the reporting member’s identity. However, confidential information may be disclosed to the extent
required by law or to the degree necessary to conduct an adequate investigation and make a
determination regarding a complaint. In some situations, the investigative process may not be
complete unless the source of the information and a statement by the member is part of the
investigative process.
1005.5 SUPERVISOR RESPONSIBILITIES
Supervisors are expected to remain familiar with this policy and ensure that members under their
command are aware of its provisions.
The responsibilities of supervisors include, but are not limited to:
(a)Ensuring complaints of retaliation are investigated as provided in the Personnel
Complaints Policy.
(b)Receiving all complaints in a fair and impartial manner.
(c)Documenting the complaint and any steps taken to resolve the problem.
(d)Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of
command and explaining to the member how the complaint will be handled.
(e)Taking appropriate and reasonable steps to mitigate any further violations of this
policy.
(f)Monitoring the work environment to ensure that any member making a complaint is
not subjected to further retaliation.
(g)Periodic follow-up with the complainant to ensure that retaliation is not continuing.
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(h)Not interfering with or denying the right of a member to make any complaint.
(i)Taking reasonable steps to accommodate requests for assignment or schedule
changes made by a member who may be the target of retaliation if it would likely
mitigate the potential for further violations of this policy.
1005.6 COMMAND STAFF RESPONSIBILITIES
The Chief of Police should communicate to all supervisors the prohibition against retaliation.
Command staff shall treat all complaints as serious matters and shall ensure that prompt actions
take place, including but not limited to:
(a)Communicating to all members the prohibition against retaliation.
(b)The timely review of complaint investigations.
(c)Remediation of any