1020_-_Personnel_Complaint_Procedure

Policy 1020Mountain View Police Department Mountain View PD Policy Manual Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentPersonnel Complaint Procedure - 1Personnel Complaint Procedure 1020.1 PURPOSE AND SCOPE The purpose of this procedure is to provide guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members and employees of this department. 1020.1.1 PERSONNEL COMPLAINTS DEFINED Personnel complaints consist of any allegation of misconduct or improper job performance against any department employee that, if true, would constitute a violation of department policy, federal, state or local law. Inquiries about employee conduct which, even if true, would not qualify as a personnel complaint may be handled informally by a department supervisor and shall not be considered complaints. This policy shall not apply to any interrogation, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of an employee in the normal course of duty, by a supervisor or any other employee, nor shall this policy apply to an investigation concerned solely and directly with alleged criminal activities ( Cal. Govt. Code 3303(i)). Personnel Complaints shall be classified in one of the following categories: Informal - A matter in which the complaining party is satisfied that appropriate action has been taken by a department supervisor of rank greater than the accused employee. Informal complaints need not be documented on a personnel complaint form and the responsible supervisor shall have the discretion to handle the complaint in any manner consistent with this policy. Formal - A matter in which the complaining party requests further investigation or which a department supervisor determines that further action is warranted. Such complaints may be investigated by a department supervisor of rank greater than the accused employee or referred to the Professional Standards Unit depending on the seriousness and complexity of the investigation. 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 Professional Standards Unit, such matters need not be documented as personnel complaints, but may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. 1020.1.2 PERSONNEL COMPLAINT DEFINED Personnel complaints consist of any allegation of misconduct or improper job performance against any department employee that, if true, would constitute a violation of department policy, federal, state or local law. "Personnel Complaints" shall be classified in one of the following categories: (a)Minor: The complaint, if true, would likely result in minor corrective measures, such as counseling, verbal reprimand, documented oral counseling (DOC). Mountain View Police Department Mountain View PD Policy Manual Personnel Complaint Procedure Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentPersonnel Complaint Procedure - 2(b)Major: The complaint, if true, would likely result in formal discipline (written reprimand, transfer for disciplinary reasons, salary reduction, suspension, demotion or termination). 1020.2 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS 1020.2.1 AVAILABILITY OF COMPLAINT FORMS Personnel Complaint Reports will be maintained in a clearly visible location in the public lobby. Report forms may also be available at other government facilities. 1020.2.2 SOURCE OF COMPLAINTS (a)A department employee becoming aware of alleged misconduct shall immediately notify a supervisor. (b)A supervisor receiving a complaint from any source alleging misconduct of an employee which, if true, could result in disciplinary action. (c)Anonymous complaints and third party complaints should be accepted and investigated to the extent that sufficient information is provided. 1020.2.3 ACCEPTANCE OF COMPLAINTS A complaint may be filed in person, in writing, email, or by telephoning the department. Although not required, every effort should be made to have the complainant appear in person. The following should be considered before taking a complaint: (a)Complaints shall not be prepared unless the alleged misconduct or job performance is of a nature which, if true, would normally result in disciplinary action (b)When an uninvolved supervisor or the Watch Commander determines that the reporting person is satisfied that their complaint required nothing more than an explanation regarding the proper/improper implementation of department policy or procedure, a complaint need not be taken (c)When the complainant is intoxicated to the point where his/her credibility appears to be unreliable, identifying information should be obtained and the person should be provided with a Personnel Complaint Report (d)Depending on the urgency and seriousness of the allegations involved, complaints from juveniles should generally be taken only with their parents or guardians present and after the parents or guardians have been informed of the circumstances prompting the complaint 1020.2.4 COMPLAINT DOCUMENTATION The Policy or Procedural Inquiry Form (PD-132) is used to document inquiries regarding Department policies, procedures or tactics. (It should not be used to document conduct complaints Mountain View Police Department Mountain View PD Policy Manual Personnel Complaint Procedure Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentPersonnel Complaint Procedure - 3regarding employees.) If the complainant, however, is satisfied with the explanation provided by the Department, no written documentation is necessary. Personnel complaints of alleged misconduct shall be documented by a supervisor on the Department Personnel Complaint Report (PD-