Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
1 1/24/2011 08/03/2023
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
________________________________
1020 - Personnel Complaint Procedure 1 POLICY 1020 PERSONNEL COMPLAINT PROCEDURE
1020.1 PURPOSE AND SCOPE
The purpose of this p olicy is to provide guidelines for the reporting, investigation , and disposition
of complaints regarding the conduct of members and employees of this department.
1020.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 22.2.1, 26.1.5 , 26.2.1 , 26.2.2 , 26.2.4 ,
26.3.1 , 26.3.2 , 26.3.3 , 26.3.4 , 26.3.5 , 26.3.6 , 26.3.7 , 26.3.8 , 52.1.1, 52.1.2, 52.1.4, 52.1.5, 52.2.1,
52.2.2, 52.2.3, 52.2.4, 52.2.5, 52.2.6, 52.2.7, 52.2.8
This section pertains to the following Standard Operating Procedures: N/A
1020.1. 2 PERSONNEL COMPLAINTS DEFINED
Personnel complaints consist of any allegation of misconduct or improper job performance
against any depa rtment employee that, if true, would constitute a violation of department policy,
federal, state or local law.
Inquiries about employee conduct which, even if true, would not qualify as a personnel complaint ,
may be handled informally by a department su pervisor and shall not be considered complaints.
Personnel complaints shall be classified in one of the following categories:
a) Formal – A matter in which the complaining party requests further investigation or which a
department supervisor determines that further action is warra nted. Such complaints may
be investigated by a department supervisor of rank greater than the accused employee , or
referred to the Professional Standards Division depending on the seriousness and
complexity of the investigation.
b) Incomplete – A matter in wh ich the complaining party either refuses to cooperate or
becomes unavailable after diligent follow -up investigation. The Professional Standards
Division will investigate such matters if there is sufficient information to believe a potential
misconduct has occurred.
1020.2 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1020.2.1 AVAILABILITY OF COMPLAINT FORMS
Personnel complaint forms will be maintained at the front counter of the Police Department. An
online complaint may also be submitted via the Tustin PD website . All online submitted
complaints are delivered directly to the Professional Standards Division via email.
1020.2.2 SOURCE OF COMPLAINTS
The following would represent sources of complaints against employee(s):
CATEGORY DATE ADOPTED LAST REVIEW
1 1/24/2011 08/03/2023
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
________________________________
1020 - Personnel Complaint Procedure 2
a) A department employee becoming aw are of alleged misconduct should immediately notify
a supervisor ;
b) A supervisor receiving a complaint from any source alleging misconduct of an employee
which, if true, could result in disciplinary action ;
c) Anonymous complaints and third-party complaints sh ould be accepted and investigated to
the extent that sufficient information is provided.
1020.2.3 ACCEPTANCE OF COMPLAINTS
A complaint may be filed in person, in writing, by email, or by telephoning the department.
Although not required, every effort sh ould be made to have the complainant appear in person.
The following should be considered before taking a complaint:
a) Complaints should not be prepared unless the alleged misconduct or job performance is
of a nature which, if true, would normally result in disciplinary action ;
b) When an uninvolved supervisor or the Watch Commander determines that the reporting
person is satisfied that their complaint required nothing more than an explanation
regarding the proper/improper implementation of department policy or procedure, a
complaint need not be taken ;
c) When the complainant is intoxicated to the point where his/her credibility appears to be
unreliable, identifying information should be obtained and the person should be provided
with a Personnel Complaint form ;
d) Depending on the urgency and seriousness of the allegations involved, complaints from
juveniles should generally be taken only with their parents or guardians present and after
the parents or guardians have been informed of the circumstances prompting the
complaint .
1020.2.4 COMPLAINT DOCUMENTATION
Formal complaints of alleged misconduct shal l be documented by a supervisor. The supervisor
should ensure that the nature of the complaint is defined as clearly as possible.
A supervisor may elect to document an informal inquiry as a supervisor or Watch Commander log
entry.
When a Personnel Complaint form is completed in person, the complainant should legibly write a
detailed narrative of his/her complaint. If circumstances indicate that this is not feasible, t he
complaint may be dictated to the receiving supervisor. In an effort to ensure accuracy in any
complaint, it is recommended that a recorded statement be obtained from the reporting party. A
refusal by a party to be recorded shall not be grounds to refuse to accept a