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HomeMy WebLinkAbout1997-11-03 City CouncilTO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL. FROM:CITY MANAGER DEPARTMENT: POLICE DATE:NOVEMBER 3, 1997 CMR:450:97 SUBJECT:CITIZENS’ COMPLAINT SUMMARY - THIRD QUARTER 1997 RECOMMENDATION No Council action is required. This is an informational report of all citizens’ complaints received and investigated by the Palo Alto Police Department during the third quarter of 1997. EXECUTIVE SUMMARY The following report is a summary of all citizens’ complaints received and investigated by the Palo Alto Police Department during the third quarter of 1997. The Police Department received six complaints during this period (July to September 1997). Seven complaints were investigated and completed, four of which were from the previous quarter. The remaining complaints are currently under investigation and will be completed in the fourth quarter. As a matter of routine, staff attempts to identify other associated issues that m~iy 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:450:97 Page 1 of 2 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 of the legislation is not to intimidate or prevent citizens flom 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. FISCAL IMPACT None. ENVIRONMENTAL ASSESSMENT None required. ATTACHMENTS Definitions of complaints by category. Table of dispositions for the fiscal year. PREPARED..BY: Brad Zook, PoliCe Lieutenant DEPARTMENT HEAD REVIEW: ChdsDurkin, Police Chief REPORT COORDINATOR: Lynne Johnson, Assistant Police Chief Emily~son, ~.~si~tant City Manager CMR:450:97 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. 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. CITIZEN COMPLAINT ADMONISHMENT PENAL CODE SECTION 148.6(a) STATES THE FOLLOWING: EVERY PERSON WHO FILES ANY ALLEGATION OF MISCONDUCT AGAINST ANY PEACE. OFFICER...KNOWING THE ALLEGATION MAY BE FALSE, IS GUILTY OF A MISDEMEANOR. (2)ANY LAW ENFORCEMENT AGENCY ACCEPTING AN ALLEGATION OF MISCONDUCT AGAINST THE POLICE OFFICER SHALL REQUIRE THE COMPLAINANT TO READ AND SIGN THE FOLLOWING INFORMATION ADVISORY, ALL IN BOLDFACE TYPE: 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 CITIZEN’ S COMPLAINTS. YOU "HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATI-ON THAT THERE IS NOT ENOUGH EVIDENCE TO WAP, KANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU ’HAVE THE RIGHT TO MAKE A COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER ACTED IMPROPERLY. CITIZEN COMPLAINTS AND ANY. REPORTS OR FINDINGS RELATING TO 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 COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE. I HAVE READ AND UNDERSTOOD THE ABOVE STATEMENT COMPLAINANT SUPERVI SOR WITNESS DATE