Policy Text
Policy
1013Fremont Police Department
Personnel Complaints
1013.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the Fremont Police Department. This policy shall not apply
to any questioning, counseling, instruction, informal verbal admonishment or other routine or
unplanned contact of a member in the normal course of duty, by a supervisor or any other member,
nor shall this policy apply to a criminal investigation.
1013.2 POLICY
The Fremont Police Department takes seriously all complaints regarding the service provided by
the Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this
policy and applicable federal, state and local law, municipal and county rules and the requirements
of any collective bargaining agreements.
It is also the policy of this department to ensure that the community can report misconduct without
concern for reprisal or retaliation.
1013.3 PERSONNEL COMPLAINTS DEFINED
Personnel complaints are defined as any allegation of misconduct or improper job performance
that, if true, would constitute a violation of department policy or of federal, state or local law, policy
or rule. Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate department policy or federal,
state or local law, policy or rule may be handled informally by a supervisor and shall not be
considered a personnel complaint. Such inquiries generally include clarification regarding policy,
procedures or the response to specific incidents by the Department.
1013.3.1 PERSONNEL COMPLAINT INVESTIGATIONS: CLASSIFICATIONS
Personnel complaints shall be classified in one of the following categories:
Informal - A matter in which the Watch Commander is satisfied that appropriate action has been
taken by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member or
referred to the Office of Professional Standards and Accountability, depending on the seriousness
and complexity of the investigation. All complaints alleging excessive or unreasonable uses of
force; complaints alleging officers failed to intervene during unreasonable or excessive force;
complaints alleging prejudice or discrimination; complaints alleging dishonesty relating to an
officer's official duties; complaints alleging sexual misconduct; and complaints with potential
criminal liability shall be a formal investigation.
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Incomplete - A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the Office of Professional Standards and Accountability, such matters may be further investigated
depending on the seriousness of the complaint and the availability of sufficient information.
Decline to Investigate Concern - Complaints that are totally and completely without merit, or
which are made for the sole purpose of harassing a police employee are considered frivolous (Per
CA Penal Code §832.5 and as defined in section 128.5 of the Code of Civil Procedure). These
complaints may be classified into the category of Decline to Investigate Concern, as approved by
the Chief of Police or designee. In cases where the Chief of Police is the subject of a frivolous
complaint, the City Manager or designee may designate the complaint a Decline to Investigate
Concern.
1013.3.2 SOURCES OF PERSONNEL COMPLAINTS
The following applies to the source of complaints:
(a)Individuals from the public may make complaints in any form, including in writing, by
email, in person or by telephone.
(b)Any department member becoming aware of alleged misconduct shall immediately
notify a supervisor.
(c)Supervisors shall initiate a complaint based upon observed misconduct or receipt from
any source alleging misconduct that, if true, could result in disciplinary action.
(d)Anonymous and third-party complaints should be accepted and investigated to the
extent that sufficient information is provided.
(e)Tort claims and lawsuits may generate a personnel complaint.
1013.4 AVAILABILITY AND ACCEPTANCE OF PERSONNEL COMPLAINTS
1013.4.1 PERSONNEL COMPLAINT FORMS
Personnel complaint forms will be maintained in a clearly visible location in the public area of the
police facility.
Personnel complaint forms in languages other than English may also be provided, as determined
necessary or practicable.
1013.4.2 ACCEPTANCE OF PERSONNEL COMPLAINTS
All complaints will be courteously accepted by any department member and promptly given to
the appropriate supervisor. Although written complaints are preferred, a complaint may also be
filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If
a supervisor is not immediately available to take an oral complaint, the receiving member shall
obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as appropriate.
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Although not required, complainants should be encouraged to file complaints in person so
that proper identification, signatures, photographs, or physical evidence may be obtained as
necessary.
A complainant shall be provided with a copy of the complaining party's statement at the