Police Department Policy

3-01 (Rev 4-18)_Complaints and Disciplinary Policies and_3092-12262019

Sacramento County Sheriff

Policy Text
Page 1 of 8 3/01 (REV 4/18) Complaints and Disciplinary Policies and Procedures The purpose of this General Order is to set forth policies and procedures applicable to the investigation of complaint s against Department personnel an d disciplinary actions involving Department personnel. This Order is not intended to create new substantive rights or to impose ne w obligations beyond those otherwise requ ired by applicable law. Any action otherwise valid and in accord with applicable law sh all not be invalidated or in any other manner limited in i ts effect because of a claim th at the procedure followed was not in accord with any p rovision of this General Order. I. Internal Affairs Bureau A. The Internal Affairs Bureau c onsists of investigators who sh all work under the direct supervision of the Prof essional Standards Division C ommander and Assistant Commander. B. Investigators from the Inter nal Affairs Bureau are authorize d to cross all lines of authority to obtain wri tten statements or interview an y employee and to gain access to other rel evant information in regard to a n ongoing investigation. II. Divisional Investigations A. Divisional investigations are those investigations of compla ints that are conducted within the subject emplo yee's own division or service area. These investigations will be conducted as s pecified below in Pa rt III of this General Order or as otherwise di rected by the Undersheriff. III. Complaints A. The Sacramento County Sh eriff's Department will receiv e all complaints against its employees. In instances where it appears on the su rface that a complaint is generated for questionable motives, a preliminary inquiry may be made to determine the veracity of the allegation(s) or wheth er such complaint is frivolous within the meaning of Penal Code Section 832.5(c). An investigation will be conducted when the complaint possesses a reasonable degree of factual credi bility. At the discretion of the Sheriff, complaints may be referred to outside agencies for investigatio n because of actual or apparent conflict of interest. B. All public counter areas sha ll have on hand, available to th e public, a supply of the following two forms: Page 2 of 8 3/01 (REV 4/18) 1. 7400-160a, Citizen Complaint Information Letter 2. 7400-160b, Citizen Complaint Form Citizens desiring to initiate a complaint should be encouraged, but not required to complete and persona lly sign the Citizen Complaint Form. The employee receiving the complaint , however, may find it necessar y to prepare the complaint form for the complainant to sign. C. All complaints against Departm ent personnel received during regular business hours should be dire cted to Internal Affairs. D. Complaints received after nor mal business hours will be revi ewed by the watch commander who will determine whether to immediately begin an investigation. If the watch co mmander decides to immediately b egin an investigation, the watch comm ander will report the complaint to the Internal Affairs Bureau on the next work day, together with the results of the investigation since t he initial report was taken. E. In the event that a citizen ma kes a complaint by letter, tel ephone, or some other means and wishes to remain anonymous, then it shall be th e responsibility of the Internal A ffairs commander to make a disc retionary determination regarding the inve stigation. If the information received can reasonably be investig ated without the identit y of the complain ant, and the information appears to possess so me degree of credibility, then an investigation shall be conduct ed. This same standard will appl y to civil claims and lawsuits filed agains t the Department upon review by the Internal Affairs commander. F. When the allegation is dete rmined to be a complaint regardin g Department policies, procedures, or services provided, the comp laint will be referred to the Chief Deputy or division commander of the in volved employee(s). G. Classification of complaints . Complaints shall be categoriz ed as Category I and Category II complaints. C ategory I complaints will be in vestigated by Internal Affairs. Category II com plaints, otherwise known as D ivisional Inquiries, will normally be invest igated by a supervisor or man ager within the subject employee's division. Exception: Where a divisional investigation establishes the e xistence of a Category I violation, the invest igation shall be immediately referred to Internal Affairs. The Internal Affairs commander has the discr etion to investigate Category II com plaints as deem ed appropriate. Page 3 of 8 3/01 (REV 4/18) 1. Category I Complaints (a) Force: This cate gory addresses allegations of excessive or unnecessary force. (b) Arrest: This category addresses allegations of false arrest or unlawful detention, search, and seizure. (c) Discrimination:* This ca tegory addresses allegations of improper conduct towards any person because of his or her race, gender, ethnicity, class, religion, marital status or sexual preference. (d) Slur: * This category addresses allegations of language that demeans or stigmatizes any person because of his or her race, gender, ethnicity, class, religion, marital status or sexual preference. (e) Criminal conduct: This cate gory addresses allegations tha t member

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