HomeMy WebLinkAbout1999-07-26 City Council (11)TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
JULY 26, 1999 CMR:320:99
COMPLAINTS MADE BY MEMBERS OF THE PUBLIC
FIRST & SECOND QUARTERS 1999
This is an informational report and no Council action is required.
BACKGROUND
The following report is a summary of all complaints made by members of the public received
and investigated by the Palo Alto Police Department during the first and second quarters of
1999. The Police Department received 23 complaints during this period (January to June
1999). Nine complaints were received during the first quarter and 14 complaints were
received during the second quarter. Eighteen complaints have been investigated and
completed. The remaining five complaints will be completed during the third quarter.
Official corrective action (discipline, admonishment, training, and/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 Complaint
by Members of the Public Admonishment form, which outlines the requirements of Section
148.6 and contains the required admonition. All members of the public filing a complaint
CMR:320:99 Page 1 of 2
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 members of the
public 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 First and Second Quarters Report
Attachment B - Type and Disposition Year to Date Report
Attachment C - Definitions of Complaints by Category
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR:320:99 Page 2 of 2
0X
0X
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.
3.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.
o Unnecessary_ Force - Complaints that address the use of unnecessary force upon a
member of the public during the course of an arrest or performance of duties.