HomeMy WebLinkAbout2001-04-09 City Council (12)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:April 9, 2001 CMR:186:01
SUBJECT:COMPLAINTS MADE BY MEMBERS OF THE PUBLIC TO THE ¯
POLICE .DEPARTMENT, THIRD AND FOURTH QUARTERS OF
2000 AND FIRST QUARTER OF 2001
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
2000 and first quarter of 2001. The Police Department received 20 complaints during
this period (July 2000 through March 2001). Twenty-one complaints were investigated
and Closed during this period: one complaint from the .first quarter of 2000 and six
complaints from the second quarter, nine from the third and five from the fourth quarters
of 2000. The remaining six complaints received during the third, fourth quarters of 2000
and first quarter of 2001 will be closed during the second quarter of 2001.
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 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 require~ that all law
CMR: 186:01 Page 1 of 2
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 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 First Quarter Report
Attachment B - Type and Disposition Year to Date Report
Attachment C - Definitions of Complaints by Category
PREPARED BY:
Police Lieutenant
DEPARTMENT HEAD:
PATRICK E
Chief of Police
CITY MANAGER APPROVAL:
Assistant City Manager
CMR: 186:01 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.
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
member of the 9ublic during the course of an arrest or performance.of duties.