Policy Text
DEPARTMENTAL
GENERAL
ORDER
M-03
Index as:
Complaints Against
Departmental Personnel
or Procedures
Effective Date:
22 Dec 17
Evaluation Coordinator:
IAD Commander
Evaluation Due Date:
22 Dec 18
Automatic Revision Cycle:
1 Year
Page 1 of 28
COMPLAINTS AGAINST DEPARTMENTAL PERSONNEL OR PROCEDURES
The purpose of this order is to inform all employees and the public of procedures for
accepting, processing and investigating complaints concerning allegations of member
employee misconduct. This policy defines provisions applicable only to investigation and
disposition of allegat ions of administrative misconduct.
I. POLICY
Establishment of procedures for investigating complaints and allegations of
employee misconduct is crucial to demonstrate and protect this agency’s integrity.
This agency shall accept and investigate fairly an d impartially all complaints of
alleged employee misconduct to determine the validity of allegations and to impose
disciplinary actions that are justified in a timely and consistent manner.
II. DEFINITIONS
A. Administrative Dispositions
An IAD Commander shall approve Administrative Dispositions, except for
tolled cases, ensure documentation in the Chronological Activity Log
(CAL), and ensure that the data is properly entered in the IAD Complaint
Database.
1. Administrative Closure
Administrative Closure shall be used to:
a. Indicate a service complaint, not involving a Manual of
Rules (MOR) violation, was resolve d without an Informal
Complaint Resolution ; or
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT M-03 Effective Date
22 Dec 17
Page 2 of 28
b. Conclude an internal investigation or preliminary inquiry
when it has been determined that the investigation or inquiry
cannot proceed to a normal investigative conclusion or when
any of the following circ umstances obtains:
1) Complainant wishes to withdraw the complaint an d
an IAD Commander has determine d there is no
reason to continue the investigation;
2) Complaint lacks specificity and complainant refuses
or is unable to provide further clarification necessary
to investigate the complaint;
3) Subject not employed by OPD at the time of the
incident;
4) The subject is no longer employed by OPD and an
IAD Commander has determine d that there is no
reason to continue the investigation ;
5) Complainant fails to articulate an act or omission
which , if substantiated , would constitute an MOR
violation ; or
6) Complaint is limited to a California Vehicle Code
citation and /or a tow, where there is no allegation of
misconduct , in which case the complainant shall be
referred to the appropriate competent authority (e.g.,
Traffic Court , Tow Hearing).
7) Complaint involves an employee or member alleging
that a fellow employee or member has committed a
Class II offense , there is no pattern of similar
misconduct, and an IAD Commander has determined
that the matter does not warrant further investigation;
or
8) Allegation is clearly and immediately without merit
(e.g., frivolous [as defined in Section 128.5 of the
Code of Civil Procedure ], physically impossible, etc.)
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT M-03 Effective Date
22 Dec 17
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2. Filed
a. An investigation that cannot be presently completed. A filed
investigation is not a final disposition, but an indication that
a case is pending further developments that will allow
completion of the investigation.
b. The IAD Commander shall review all filed cases monthly to
determine whether the conditions that prevented
investigation and final disposition have changed and may
direct the closure or continuation of the investigation.
B. Administrative Review
The chain -of-review and approval for completed investigations shall
commenc e with the investigator’s first-level commander/manager ,
continuing to the division commander1 and then to the IAD Commander , or
designee , who shall review all division -level investigative files .
C. Approved Internal Investigation
An internal investigation that has been processed, completed (investigated
with a recommended finding), reviewed by the chain of command , and has
been reviewed and signed by the COP or the IAD Commander when
designated by the COP. Approved internal investigations shall be
considered “Closed.”
D. Case Files
A general term that includes the following two classifications of files :
1. Control File
The original investigative file that rem ains with the IAD
Administrative Section and contains original documents and
information used and compiled by the IAD.
1 In OPD, “division commander” is synonymous with the rank of captain. Watch commanders and section
commanders are NOT division commanders.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT M-03 Effective Date
22 Dec 17
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2. Investigative File
A duplicate copy of the Control File made by the IAD
Administrative Section and delivered to the IAD Investigative
Section, or to the appropriate bureau for a division -level
investigation or administrative review, or for other official business
such as a b oard of review or court proceeding.
E. Classifications of Complaints
Complaints against Departmental personnel shall be categorized as Class I
or Class II offenses.
1. Class I offenses are the most serious allegations of misconduct and,
if sustained, shall result in disciplinary action up to and including
dismissal and may serve as the basis for criminal prosecution.
The Class I offenses include but are not limited to :
a. Use of excessive, unnecessary and/or unlawful force;
b. Fabrication or destruction of evidence, including