| Citizen
Complaint Procedure
Introduction
Sacramento's
Citizen Complaint procedure helps you, the community and the police
as well. If you have a concern about the practices or personnel
of the Sacramento Police Department, what can you do about it? Since
1971, the Sacramento Police Department Internal Affairs Division
has investigated citizen complaints regarding police department
personnel or policies.
A positive
relationship between the police and the public they serve, fostered
by confidence and trust, is essential to effective law enforcement.
While the police are charged with vigorous enforcement of the law,
they must meticulously observe the rights of all people. Police
personnel, at the same time, must be free to take action in a reasonable,
lawful, and impartial manner without fear of reprisal.
It is important,
therefore, that adequate provisions be made for the prompt receipt,
investigation and disposition of complaints regarding the conduct
of Department personnel. To this end, the Sacramento Police Department
welcomes criticism of the Department and valid complaints against
its members or procedures. The purpose of the Internal Affairs Division
is to ensure complete, fair, and impartial investigations of citizen
complaints.
How to Make
a Complaint
To download a Citizen Complaint Procedure brochure please choose a language and click on the appropriate link below:
For further assistance please call, write, or come in person to:
Internal Affairs
Division, Sacramento Police Department, 5760 Freeport Boulevard,
Sacramento, California 95822. Hours: 8 - 5 Weekdays, Phone: 808-2290.
A complaint
may be made ANY time of the day or night. You may come in person
to address your concern, or you can call or write anonymously, if
you wish.
You may also
file a complaint on-line, via the Internet, by clicking HERE
Investigation
Procedure
The person receiving
your concern will ask you to provide as much information as possible
regarding the incident. If you were involved in or witnessed the
incident, it is extremely important to the investigation that a
statement be obtained from you. From your statement, a Citizen Contact
form may be completed. If your concern stems from an arrest or citation
issued to a family member or yourself, it may not be investigated
until the legal matter has been settled.
Depending on
the circumstances of your concern, it may be investigated in one
of two ways. It will either be forwarded to the member's supervisor
for inquiry or to the Internal Affairs Division for investigation.
Each allegation is examined on its own merits. Formal investigations
require investigators to contact all available witnesses, including
police officers, examine any relevant physical evidence and gather
all information pertinent to each allegation made in the complaint.
The Chief of
Police will render a finding in each case. There are four possible
findings:
Sustained:
The investigation disclosed enough evidence to clearly prove the
allegation.
Not sustained: The investigation failed to reveal enough
evidence to clearly prove or disprove the allegation.
Exonerated: The act which provided the basis for the complaint
did occur; however, investigation revealed the act was justified,
lawful and proper.
Unfounded: The investigation has produced sufficient evidence
to prove that the act or acts alleged did not occur. This finding
shall also apply when individual personnel named in the complaint
were not involved in an act that did occur.
You will be
notified of the finding in writing at the conclusion. When a finding
of "Sustained" is determined, corrective action will be taken. The
type of corrective action imposed is subject to the provisions of
the Charter of the City of Sacramento, the rules of the Civil Service
Board and, when appropriate, upon approval of the City Manager.
Discipline may include counseling, training, and action up to and
including termination. If your complaint is sustained and punitive
discipline is imposed, the employee has appeal rights. Therefore,
you may be required to testify at one or more administrative proceedings.
Summing Up
Your valid concerns
and criticisms help us protect the community from possible misconduct
by employees. At the same time, a thorough and impartial investigation
procedure helps protect employees from unwarranted charges when
they perform their duties properly.
Per California
Penal Code Section 832.5 (a): "Each department or agency in this
State which employs peace officers shall establish a procedure to
investigate citizens' complaints against the personnel of such departments
or agencies, and shall make a written description of the procedure
available to the public."
Penal Code
Section 148.6 (b) states that any law enforcement agency accepting
a concern of misconduct against a peace officer shall require the
complainant to read and sign the following information advisory:
You have
the right to make a complaint against a police officer for any improper
police conduct. California law requires this agency to have a procedure
to investigate citizens' complaints. You have a right to a written
description of this procedure. This agency may find after investigation
that there is not enough evidence to warrant action on your complaint;
even if that is the case, you have the right to make the complaint
and have it investigated if you believe an officer behaved improperly.
Citizen complaints must be retained by this agency for at least
five years. It is against the law to make a complaint that you know
to be false. If you make a complaint against an officer knowing
that it is false, you can be prosecuted on a misdemeanor charge.
|