Policy Text
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Published with permission by Santa Clara County Office of the
Sheriff Personnel Complaints and Internal Affairs - 1 Santa Clara County Office of the Sheriff
Custody Policy Manual
Personnel Complaints and Internal Affairs
111.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation, and disposition of complaints
regarding the conduct of members of the Santa Clara County Office of the Sheriff. This policy
shall not apply to any questioning, counseling, instruction, informal verbal admonishment, or other
routine or unplanned contact of a member in the normal course of duty, by a supervisor or any
other member, nor shall this policy apply to a criminal investigation.
The objective of an administrative internal affairs investigation is to ensure that the integrity of the
Sheriff's Office is maintained through a system of internal discipline where objectivity and fairness
are achieved through impartial investigations and review.
111.2 POLICY
The Sheriff's Office takes all complaints seriously regarding the service provided by the Sheriff's Office and the conduct of its members.
The Sheriff's Office will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state, and local laws, municipal and county rules, and collective
bargaining agreement requirements.
It is also the policy of this Sheriff's Office to ensure that the community can report misconduct without concern for reprisal or retaliation.
Complaints related to the County's Policy Against Discrimination, Harassment, and Retaliation,
and the County's Policy on Sexual Harassment will be shared with the County's Equal Opportunity
Division (EOD). EOD may conduct a joint investigation with the Sheriff's Office Internal Affairs Unit.
111.3 PERSONNEL COMPLAINTS
Personnel complaints include any allegation of misconduct or improper job performance that, if
true, would constitute a violation of Sheriff's Office policy, or federal, state, or local law, policy, or
rule. Personnel complaints may be generated internally or by the public.
Complaints about conduct or performance that, if true, would not violate Sheriff's Office policy, or
federal, state, or local law, policy, or rule may be handled informally by a supervisor and shall not
be considered a personnel complaint. Such inquiries generally include clarification regarding
policy, procedures, or the response to specific incidents by the Sheriff's Office.
111.3.1 MAJOR INCIDENT AND CRITICAL INCIDENT REVIEW
The Sheriff's Office will thoroughly investigate major incidents, including but not limited to, officer -
involved shootings, vehicle collisions or pursuits resulting in serious injury or death, in -custody
deaths, escapes, and any use of force resulting in serious bodily injury or death, as defined in the
Major Incident and Administrative Review Boards Policy. These investigations are required even Policy
111
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Santa Clara County Office of the Sheriff
Custody Policy Manual
Personnel Complaints and Internal Affairs
Copyright Lexipol, LLC 2026/01/2 2, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff Personnel Complaints and Internal Affairs - 2
when there is no specific allegation of misconduct or improper job performance by a member of
the Sheriff's Office.
An Administrative Investigation shall be initiated and approved by the Undersheriff. The members
involved in the incident will not be designated as subjects of the investigation unless a policy or
conduct violation is identified during the administrative investigative process. Upon the conclusion
of these investigations, the recommendations will be presented to the Critical Incident Board, in
accordance with the Major Incident and Administrative Review Boards Policy.
Administrative Investigations of major incidents shall be conducted pursuant to departmental policies and procedures and the Public Safety Officers' Procedural Bill of Rights Act (POBR) for
the involved members.
111.3.2 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified in one of the following categories:
Informal – An alleged minor allegation (e.g., discourtesy, lack of harmonious work environment,
or performance- based issues) that may lead to a division- level investigation, and where the Watch
Commander, Manager, or Director is satisfied that appropriate action has been taken by a
supervisor of rank greater than the accused member.
Formal – An alleged more serious policy or rule violation where a supervisor determines that
further action is warranted. Such complaints may be investigated by a supervisor of rank greater
than the accused member or referred to the Internal Affairs Unit by the Undersheriff, 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 a diligent follow- up investigation, and the matter cannot be investigated without
the cooperation of the complaining party. At the discretion of the assigned supervisor or the Internal Affairs Unit, such matters may be further investigated depending on the seriousness of
the complaint and the availability of sufficient informati on.
111.3.3 SOURCES OF COMPLAINTS
The following applies to the sources of complaints: