Police Department Policy

DGO2.04_Complaints_Against_Officers

SF PD

Policy Text
San Francisco Police Department DGO 2.04 GENERAL ORDER Eff. 05/15/19 COMPLAINTS AGAINST OFFICERS 2.04.01 PURPOSE This order outlines the policies and procedures for receiving, investigating and processing complaints against officers. It also describes the Department of Police Accountability ("DPA") investigative procedures and findings. It is the policy of the San Francisco Police Department ("SFPD") to encourage everyone to bring forward complaints regarding inadequate police service or official misconduct by officers, and receive such complaints with courtesy and without delay. The value of an effective complaints system serves to build and maintain public confidence and trust by conducting prompt, fair and impartial investigations. Officers shall cooperate fully with the DPA and provide their full assistance in the expeditious and impartial processing of such complaint. 2.04.02 POLICY A. It is the policy of the SFPD to accept all complaints of official misconduct regardless of source (e.g. juvenile, anonymous, third party, etc.), whether received electronically, by letter, telephone, or in person. B. When a complaint is made to an employee of the Department, the employee receiving the complaint shall immediately refer the matter to the senior-ranking officer on duty in the station, division, section, or unit where the complaint is being made. The senior-ranking officer on duty shall be personally responsible for the conduct of the investigation until relieved of responsibility as specified in this order. In cases where the senior-ranking officer on duty at the station, division, section, or unit is the subject of the complaint, the employee shall refer the matter to the senior-ranking member's superior officer. The superior officer shall be personally responsible for the conduct of the investigation until relieved of responsibility as specified in this order. In cases where the Chief of Police is the subject of the complaint, the employee shall refer the matter to the Director of the City and County of San Francisco's Page 1 of 9 San Francisco Police Department DGO 2.04 GENERAL ORDER Eff. 05/15/19 Human Resources Division ("DHR"). The Director of DHR shall forward the complaint to the Director of the DPA. C. Attempts to threaten, intimidate, mislead, or harass potential or actual complainants, witnesses, or DPA or TAD investigative staff is prohibited. Sworn employees who are the subject of a complaint shall not contact the complainant or witnesses regarding the issues of the complaint. If such a sworn member must contact the complainant or witness to a complaint in the line of duty, the officer shall not discuss or make any reference to the complaint. This shall not preclude member's representative or attorney from gathering evidence or statements for their defense. D. Copies of the DPA Complaint Form (SFPD/DPA 293) and DPA's informational brochure shall be available on display for the public at all District Stations and any division, section or unit open to the public in languages consistent with San Francisco's Language Access Ordinance, SF Admin Code 91.1-91.9, DGO 5.20, Language Access Services for Limited English Proficient (LEP) Persons, and federal, state and local laws. Employees shall provide a copy of the form and the informational brochure to any person appearing at a district station, or division, section, or unit open to the public who requests information about the DPA or requests general information about the complaint process. If a member of the public requests information about the DPA or requests general information about the complaint process at a location other than a district station or division, section or unit open to the public, the employee shall provide the person with written information that includes the SFPD's and the DPA's web site addresses. 2.04.03 PROCEDURE A. RECEIVING A COMPLAINT / DUTIES OF SENIOR RANKING OFFICER 1. EVALUATION. Evaluate the seriousness of the allegation and determine whether an immediate investigation is needed (see Section B). 2. FORM PREPARATION. If the complaint is against an officer, prepare a DPA Complaint Form (SFPD/DPA 293). If the complainant is present, allow the complainant the option to personally complete the form or to have an officer prepare the form for them. If the complainant requests that an officer complete Page 2 of 9 San Francisco Police Department DGO 2.04 GENERAL ORDER Eff. 05/15/19 the form, write only what the complainant states on this form and allow the complainant to review the form and make any corrections. Provide the complainant a copy. If the complaint is received by telephone, read the complainant's statement to the complainant as it is written on the form to assure accuracy. In either case, tell the complainant that the complaint will be referred to the DPA for investigation. 3. ADDITIONAL INFORMATION/COMMENTS. If there is any additional information or comments that should be brought to the attention of the investigator, do not include it on SFPD/DPA 293. Instead, prepare it on a memorandum to your commanding officer for review. The commanding officer shall then forward it promptly to the DPA. 4. ROUTING. Route by mail before reporting off-duty the original DPA compliant form to the DPA and forward a copy to your commanding officer. 5. SFPD MEMBER INITIATED COMPLAINTS

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