Policy Text
Policy
509Fremont Police Department
Citation Processing Agency - Citizen Complaints
509.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a procedure for determining, by impartial investigation,
whether or not Citation Processing Agency personnel have conducted themselves properly and
have rendered acceptable levels of service to citizens in accordance with existing policies, rules
and regulations; to identify real or potential causes of problems relating to human relations, and
remedy deficiencies; to ensure that proper corrective action is taken when necessary; and to
protect personnel from unwarranted criticism when they perform their respective duties in an
approved manner.
It is the policy of the City of Fremont to accept and thoroughly investigate all complaints of
alleged misconduct or the rendering of improper service on the part of Citation Processing Agency
personnel. This policy is in compliance with Vehicle Code Section 40200.6 which states " the
issuing agency shall establish a procedure to investigate and resolve complaints by motorists
about any processing agency."
509.2 PROCEDURES
(a)Complaints shall be accepted from any source, whether made in person, by mail, or
by telephone. A complaint may be anonymous, in which case it shall be reviewed by
the appropriate Citation Processing Agency manager or the Chief of Police, who will
determine the extent to which it should be investigated. In order for an anonymous
complaint to be investigated, it must show definite improper action and give sufficient
particulars to make an investigation feasible.
(b)Complaints generally will not be accepted from persons under eighteen (18) years of
age unless accompanied by a parent, guardian, or responsible adult. It is encouraged
that an adult be present, if available. Parents or guardians of minors should be notified
as soon as possible. The purpose of this procedure is to assure a responsible person is
aware that a complaint was made and accepted. If the investigator is unable to contact
a responsible adult, the complaint will be received for further administrative evaluation.
(c)When a citizen lodges a complaint about an employee of the citation processing
agency, and it is determined by the manager the complaint is actually based on a lack
of information or understanding on the citizen's part and can be resolved without any
further action requested by the citizen, the manager will document in a memorandum
the circumstances surrounding the contact with the citizen. The memorandum shall
be forwarded to the Chief of Police. If the citizen indicates a desire to file a "formal"
complaint, or the supervisor determines the recording of the complaint to be in the best
interest of the Citation Processing Agency or citizen, the attached forms will be utilized.
(d)If the complaint involves a specific employee , a supervisor of the citation processing
agency will take the initial information from the complainant, whenever possible.
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Citation Processing Agency - Citizen Complaints
(e)If the employee is not identified, the initial complaint information will be taken by the
on-duty citation processing agency supervisor.
(f)If it is more convenient for the complainant, or in the best interest of the Citation
Processing Agency, the Chief of Police may accept a citizen's complaint.
(g)On occasions, when none of the above-designated personnel are available, and the
complaint is received in person or by phone, the employee being advised of the
complaint will record that amount of information necessary to ensure re-contact of the
complaining citizen by the appropriate personnel. The citizen will then be advised that
he or she will be contacted as soon as practical, but no later than within two working
days.
(h)Information Requirements in order to accept a complaint are:
1.The attached "Citizen Complaint Report" should be completed on all formal
citizen complaints. The employee will then sign the form and have the form
signed by a witness.
2.When the complaint is made in person, an effort should be made to obtain a
signed statement from the complainant regarding the detailed circumstances of
the interaction.
3.If a statement is obtained, the complainant will be given a copy of the statement
at the conclusion of the interview. If a statement is not taken, the investigation
shall be forwarded to the citation processing agency supervisor.
4.The citation processing agency supervisor shall contact the complainant as soon
as possible to obtain a written/and signed statement. Even if a statement is
not obtained at the outset, the supervisor or employee accepting the complaint
should inform the complainant of the following:
(a)He or she may be required to provide a signed statement regarding the
circumstances of the complaint.
(b)Complainants or witnesses may be asked to make a written statement
signed under penalty of perjury.
(i)Upon receipt of a formal citizen complaint, every effort will be made to complete the
investigation in a timely and accurate manner. When all the elements of the complaint
are present or available (e.g., employee, complainant, witnesses, evidence), and with
the citation processing agency manager's concurrence that the investigation can be
completed, the agency manager may authorize the appropriate supervisor to complete
the investigation.
(j)Upon receipt of a formal citizen complaint, the supervisor recording the information
will prepare an original and one copy of all materials. The original will be forwarded
to the citation processing agency manager, and one (1) copy will be forwarded to the
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Published with permission by Fremont Police DepartmentCitation Processing Agency - Citizen
Complaints - 2
Fremont Police Department