HomeMy WebLinkAbout2003-09-08 City Council (9)TO:
City of Palo Alto
City Manager’s Report
HO~O~LE CITY-CO~CIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
SEPTEMBER 8, 2003 CMR:413:03
COMPLAINTS MADE BY MEMBERS OF THE PUBLIC TO THE
POLICE DEPARTMENT, THIRD AND FOURTH QUARTERS OF
2002 AND THE FIRST AND SECOND QUARTERS OF 2003
This is an informational report and no Council action is required.
DISCUSSION
The following report is a summary of all complaints made by members of the public and
investigated by the Palo Alto Police Department during the third and fourth quarters of
2002 and the first and second quarters of 2003. These numbers do not include internal
investigations, claims or lawsuits filed against the City and Police Department. The
Police Department received 18 new complaints during this period (July 2002 - June
2003). Fifteen complaints were investigated during this period. The remaining three
investigations will be completed during the third quarter of 2003.
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 witti
department policies and procedures.
In 1995, the California Legislature adopted Assembly Bill 1732 that amended 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
CMR:413:03 Page 1 of 2
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 of misconduct against a police officer are
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 Third and Fourth Quarter Report (2002) and 2002
Year End Report
Attachment B --Type and Disposition First and Second Quarter Report (2003) and 2003
Year-to-Date Report
Attachment C - Definitions of Complaints by Category
PREPARED BY:
DEPARTMENT HEAD:
DENNIS BURNS
P "~q,~ Lieute~an~/~
LYNNE JOHNSON
Police Chief
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR:413:03 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.
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.
Unnecessary Force - Complaints that address the use of unnecessary force upon a
member of the punic during the course of an arrest or performance of duties.