HomeMy WebLinkAbout1998-04-27 City Council (19)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
APRIL 27, 1998 CMR:215:98
CITIZENS’ COMPLAINT SUMMARY - FIRST QUARTER 1998
This is an informational report and no Council action is required.
BACKGROUND
The following report is a summary of all citizens’ complaints received and investigated by
the Palo Alto Police Department during the first quarter of 1998. The Police Department
received four complaints during this period (January to March 1998). Four complaints were
investigated and completed. - -
As a matter of routine, staff attempts to identify other associated issues that may not have
been included in the initial complaint. Official corrective action (discipline, admonishment,
training, or policy review) occurred in all situations where .a complaint was deemed
sustained. A complaint is "sustained" when an investigation discloses sufficient evidence
to clearly prove the allegations made. Absent such evidence, a complaint may be deemed
"not sustained." Other categories of disposition include: "unfounded," when it can be
demonstrated that the alleged actions did not, occur; and "exonerated," when the acts were
consistent with department policies and procedures.
.In 1995, the California Legislature adopted Assembly Bill 1732 that amended the Penal Code
Section 148.6 and became effective January 1996. The amendment was prompted by the
number of frivolous and false complaints made against police officers. This section states
that every person who knowingly files any false allegation of misconduct against any peace
Officer is guilty of a misdemeanor. The section further requires that all law enforcement
agencies accepting allegations of misconduct against peace officers must have complainants
read and sign a specific advisory statement. The Police Department has created a Citizen
Complaint Admonishment form, which outlines the requirements of Section 148.6 and
contains the required admonition. All citizens filing a complaint of misconduct against a
police officer are currently given this admonishment and asked to sign the form. The intent
CMR:215:98 Page 1 of 2
of the legislation is not to intimidate or prevent citizens from making complaints, but to
attempt to ensure that the complaints made are done so honestly and with no ulterior motives.
Staff often sends the complainants the forms in order to make the process as convenient for
them as possible.
ATTACHMENTS
Definitions of complaints by category.
Table of dispositions for the fiscal year.
PREPARED BY: Brad Zook, Police Lieutenant
DEPARTMENT HEAD: Chris Durkin, Police Chief
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR:215:98 Page 2 of 2
DEFINITIONS OF COMPLAINTS BY CATEGORY
Department Policy and Procedure/No Employee Misconduct - Complaints
that address the department’s policies and procedures in general, not
employee misconduct. Examples include disagreement over speed limits,
parking fines, traffic laws, etc.
Service - Complaints that address the failure of an employee to perform a
required service. Examples include failure to return a phone call, follow up
on an investigation, respond to a call, etc.
3.Demeanor/Courtesy - Complaints that address discourtesy by an employee.
o Misconduct - Complaints that address violations of department rules or
policies beyond discourtesy. Examples include abuse of authority and
significant procedural errors.
Unnecessary_ Force - Complaints that address the use of unnecessary force
upon a citizen during the course of an arrest or performance of duties.
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