HomeMy WebLinkAbout1998-11-02 City Council (13)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:NOVEMBER 2, 1998 CMR:415:98
SUBJECT:CITIZENS’ COMPLAINT SUMMARY - THIRD 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 third quarter of 1998. The Police Department
received 8 complaints during this period (July to September 1998). Six complaints from this
quarter and 2 complaints from the second quarter were investigated and completed. Two
complaints from this quarter will be completed during the fourth quarter.
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
CMR:415:98 Page 1 of 2
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
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
Attachment A - Type and Disposition Third Quarter Report
Attachment B - Type and Disposition Year to Date Report
Attachment C - Definitions of Complaints by Category
PREPARED BY: Brad Zook, Police Lieutenant
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
DWYER,
Chief of Police
EMILY HARRISON
Assistant City Manager
CMR:415:98 Page 2 of 2
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ATTACHMENT C
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.
o 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.
=
Demeanor/Courtesy -Complaints that address discourtesy by an
employee.
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.