Complaints

California Penal Code § 832.5(a)(1)

Each department or agency in California that employs peace officers is legally required to establish and maintain a procedure for investigating public complaints against their personnel. Additionally, a written description of these procedures must be made available to the public. At the Sierra Madre Police Department, these procedures are outlined in SMPD Policy Section 1010 – Personnel Complaints.

1. Initial Receipt of Complaint:
   • Typically, the Watch Commander or Field Supervisor will receive and document the complaint.
   • A recorded interview with the complainant will be conducted to fully understand the nature of the complaint and the parties involved.

      

2. Investigation:
   • Based on the complexity of the complaint, the investigation may be handled by the Watch Commander or Field Supervisor.
   • If the complaint requires further examination, it will be forwarded to an investigator for a detailed investigation.

      

3. Resolution and Notification:

• Once the investigation is complete and appropriate action has been taken, the complainant will receive written notification of the results within 30 days, as required by Penal Code § 832.7(f).
• California law prohibits the disclosure of details regarding personnel investigations and disciplinary actions.

Complaint Dispositions

Complaints are classified into the following categories upon resolution:

• Unfounded: Alleged actions did not occur or did not involve department personnel.
• Exonerated: Actions occurred but were justified, lawful, and proper.
• Not Resolved: Insufficient evidence to sustain the complaint or fully exonerate the employee.
• Sustained: Actions were found to violate laws or department policies.
• Insufficient Evidence to Adjudicate: Insufficient evidence prevents resolution or adjudication.
• Policy/Procedure Issue: Complaint pertains to department policies or procedures, not personnel misconduct.
• Non-Disciplinary Alternative Inquiry Resolution: No misconduct was found; the matter was resolved through education or counseling.
• Non-Disciplinary, No Misconduct: Actions were lawful and consistent with department policy.
• Demonstrably False: The alleged actions did not occur.

In compliance with Penal Code § 832.5:

• Personnel complaints must be retained for at least 5 years.

Pursuant to California Penal Code § 148.6, complainants are advised:

"IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE."