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
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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
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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