Policy Text
NSA Task: 4 DEPARTMENTAL GENERAL ORDER M-3.1 Index as: Informal Complaint Resolution Process Effective Date:
10 Nov 08
Evaluation Coordinator:
IAD Commander
Evaluation Due Date:
11 May 09
Automatic Revision Cycle:
1 Year
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INFORMAL COMPLAINT RESOLUTION PROCESS
I. PURPOSE A. The purpose of this order is to set forth Departme ntal policy and
procedures for initiating, administeri ng, and reviewing the appropriateness
of the Informal Complain t Resolution (ICR) process.
B. The ICR process may be used to inform ally address servic e complaints or
alleged acts of Class II misconduct against Depart mental personnel that do
not indicate a pattern of misconduct.
C. The intent of the ICR process is to e xpedite the resoluti on of less serious
types of complaints agai nst members and employees.
II. POLICY A. Members and employees shall explain to all persons making a complaint
the formal complaint and ICR process, as well as their right to file a
complaint with the CPRB.
B. OPD personnel shall not unduly influence persons making a complaint to
consent to the ICR process.
C. The ICR process may only be offe red by a supervisor, commander,
manager, or authorized IAD member.
D. Supervisors, commanders, and managers shall be held accountable for the
proper use of the ICR process.
E. Complainants shall be notified of th e ICR resolution in-person, by phone,
mail, or email.
DEPARTMENTAL GENERAL ORDER M-3.1 Effective Date
10 Nov 08 OAKLAND POLICE DEPARTMENT
F. The following allegations may be c onsidered for the ICR process:
1. Service complaints; or
2. Any Class II violation that does not indicate a pattern of
misconduct.
G. The formal complaint pr ocess shall be initiated in accordance with the
provisions of Departme ntal General Order (DGO) M-3, COMPLAINTS
AGAINST DEPARTMENTAL PERSONN EL OR PROCEDURES if any
of the following conditions occur:
1. The complainant does not consent to the ICR process;
2. The subject received a sustained finding for any Class I offense
within the past 12 months;
3. The alleged offense is a Class I offense;
4. At the discretion of an IAD Commander; or
5. The subject’s complaint history indicates a pattern of misconduct
involving any Class II offenses.
H. All service complaints ( unresolved and resolved) sh all be forwarded to the
appropriate Bureau Deputy Chief/Dir ector for any additional follow-up
and/or resolution, if necessary.
I. A resolution achieved through the ICR process: 1. Does not constitute an admissi on of guilt or wrongdoing;
2. Shall not be considered a factor (considered a prior offense or an
aggravating circumstance) in determining progressive discipline;
3. Shall not be considered a ‘sustained’ finding;
4. Shall not limit the discretion of a supervisor, commander, or
manager to provide training or take non-disciplinary corrective action; and
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DEPARTMENTAL GENERAL ORDER M-3.1 Effective Date
10 Nov 08 OAKLAND POLICE DEPARTMENT
5. Is incorporated into the subj ect member/employee’s complaint
history.
J. The provisions of the Public Safety O fficer’s Procedural Bill of Rights Act
(commonly known as “AB 301”) are in effect only where interviewing or
taking a statement from the subj ect may lead to punitive action
(discipline). Discipline does not result from the ICR process. Therefore,
the provisions of AB 301 do not ap ply during the ICR process.
III. PROCEDURES
Timelines for processing, investigating, and reviewing ICR cases shall be the
same as the timeframes for fo rmal internal investigations , as set out in DGO M-3.
A. Processing complaints
1. Received by IAD
a. IAD personnel shall receive and process complaints in
accordance with th e provisions of DGO M-3.
b. In instances where the complainant does not agree to the
ICR process, an IAD Comma nder shall make the final
determination whether the ICR process will be utilized to
resolve the complaint.
c. If the ICR process is u tilized, the IAD shall:
1)) Complete an Informal Co mplaint Resolution Form
(TF-3132) (hereinafter referred to as Form) in accordance with Part III, B-D of this order; or 1
2)) Hand-deliver the investigative file to the appropriate
Bureau Deputy Chief/Director to prepare the Form
and to complete the follow-up. 2
2. Received by an organizational unit other than IAD
a. The person receiving the comp laint shall receive and
process the complain t in accordance with the provisions of
DGO M-3.
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DEPARTMENTAL GENERAL ORDER M-3.1 Effective Date
10 Nov 08 OAKLAND POLICE DEPARTMENT
b. The investigating supervis or, commander, or manager
advised of the complaint shall:
1)) Assess and determine if the complaint meets the
criteria for the ICR proce ss in accordan ce with the
provisions of Part II, F of this order. 1
2)) Offer the ICR process to the complainant and