Policy Text
Sm Francisco Police Department 2.05
GENERAL ORDER 07120194
CITIZEN COMPLAINTS AGAINST NON-SWORN MEMBERS
This order outlines the policies regarding citizen complaints against non-sworn
members, and the investigative duties of the senior-ranking officer.
I. POLICY
A. It is the policy of the San Francisco Police Department to encourage citizens to
bring forward grievances regarding inadequate service or misconduct by its
nonaworn members. The Management Control Division (MCD) shall be
responsible for investigating these complaints, and all members shall fully
cooperate with the investigation.
B. Members of the Department shall receive citizen complaints against non-
sworn members, whether received by letterf telephone or in person and refer
the matter to the senior-ranking officer on duty in the station, division,
section or unit where the complaint is received. The senior-ranking officer
on duty shall be personally responsible for the conduct of the investigation
until relieved as specified in this order.
A. DUTIES OF THE SENIOR-RANKING OFTICEEL If you receive a citizen's
complaint against a non-sworn member personally, or a complaint is referred
to you, follow these procedures:
1. EVALUATION. Evaluate the seriousness of the allegation and determine
whether an immediate investigation is required (see Section B.).
2 FORM PREPARATION. Prepare Management Control Division Case fonn
(SFPD 83) and forward it in a sealed envelope to the Management Control
Division before reporting off duty.
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B. IMMEDIATE INVESTIGATIONS/ DUTIES OF SENIOR-RANKING OFFICER
1. WHEN. You must conduct an immediate investigation if a delay imposed
by assigning the complaint to MCD will jeopardize the investigation or
public safety. The following are examples of situations requiring an
immediate investigation and report:
a The member is still on duty.
b The complainant alleges unfitness and the member is still on duty.
c Witness may not be available later.
d. The allegation constitutes aiminal conduct and the mmber is either
on or off duty.
2 NOTIFICATION. If an immediate investigation is required, but the member
is not assigned to your unit, notify the senior-ranking officer on duty at
the member's unit. If the unit is closed, contact the commanding officer of
the unit through the Operations Center. In either case, the senior-ranking
officer on duty or the commanding officer of the member's unit will --
assume responsibility for the immediate investigation, report and
completion of SFPD 83.
3. MW NCYIWICATION. If the citizen requests that the immediate
investigation not be done by the member's unit, notify the duty MCD
investigator by contacting the Management Control Division or the
Operations Center after bhess hours. The MCD investigator will
assume responsibility for the investigation.
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C IMMEDIATE INVESTIGATION REPORT/ DUTIES OF SENIOR-RANKING
OFFICER
1. REPORT. When an immediate investigation is requiredJ prepare the report
on a memorandum addressed to your commanding officer (if applicable).
The report must contain information you can reasonably obtain before
reporting off duty. The following are examples:
a. Full identification of all witnesses.
b. Summary statement from all witnesses.
c Preliminary findings and recommendations.
2. ROUTING. The report must be directed to your coznmanding officer (if
applicable) for review before it is forwarded to the Management Control
Division. Indicate on SJ?D 83 that the report was made.
D. PROCESSING CO~
1. ASSIGNING COMPLAINTS. Complaints received directly at the Management
Control Division or received on SFPD 83 will be assigned a file number.
These complaints may be assigned to a MCD investigator or to the
member's commanding officer for formal investigation.
2 C.O. INW!XIGATIONS. If the amplaint is referred to the member's
commanding officer, the commanding officer shall complete the formal
investigation and return it to the Management Control Division within 21
days*
E. FORMAL INVESTIGATION REPORT
1. FORMAT. The results of a formal investigation must be prepared on .
Department memorandum addressed to the Chief of Police and written in
the following format:
a. Page 1: Include the member's name, assignment, nature of complaint,
MCD case number, date, time and place of occurrence, and
investigative steps taken.
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b. Page 2 Conclusion with a narrative of the facts supporting it.
c Page 3: Recommendations.
d. Page 4: Brief chronology of your investigation; who was interviewed,
and any evidence that aided in the investigation.
e. Page 5: Statements of those interviewed.
f. Page 6: Attachments and documents.
g. Page 7: Involved parties.
2 CONCLUSIONS. Each formal investigation must contain one of the
following conclusions:
a. Improper Conduct: The investigation disclosed enough evidence
to clearly prove the allegation of misconduct.
b. Insufficient Evidence: The investigation failed to reveal and - document enough evidence to clearly prove -
or disprove the allegation.
c Proper Conduct: The act or event alleged did & but was
justifiable. lawful and oonsistent with
Department policy and procedure.
d Policy Failure: The ad or event alleged did occur but was
justified, lawful and consistent wit!-
Department policy or procedures; hirwever,
those policies and procedures were
unconstitutional, illegal or deficient.
e. Unfounded: The investigation conclusively