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HomeMy WebLinkAbout2001-07-16 City Council (3)TO: FROM: DATE: SUBJECT: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER July 16, 2001 DEPARTMENT: POLICE CMR:303:01 COMPLAINTS MADE BY MEMBERS OF THE PUBLIC TO THE POLICE DEPARTMENT, SECOND 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 second quarter of 2001. The Police Department received seven complaints during this period (April 2001 - June 2001). Three complaints were investigated and closed during this period: one complaint from the third quarter of 2000 and two complaints from the second quarter of 2001. The remaining four complaints received during the second quarter of 2001 will be closed during the third 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 requires that all law enforcement agencies accepting allegations of misconduct against peace officers must CMR: 303:01 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 First Quarter Report Attachment B - Type and Disposition Year to Date Report Attachment C - Definitions of Complaints by Category PREPARED BY: DEPARTMENT HEAD: K Police Lieute~t Chief of Police CITY MANAGER APPROVAL: ’EI~LY HARRISON, Assistant City Manager CMR: 303:01 Page 2 of 2 i:i:i:i:i:i:i:i:i:i:i: :::::::::::::::::::::: :::::::::::::::::::::: ’’’’’’"" ====================== :::::::::::::::::::::: :~!~!~?~i~?ii~![ii[!~ - :::::::::::::::::::::: ~:i:ii:::i::::! :: .-.-.-.-.-.-.-.-.-.-. .__.~.~.~.~.~.~.~.~.~.~.~.~. ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::: "::i:i:i:i:i:i:i:i:~ :::::::::::::::::::::::: ::::::::::::::::::::::: ::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: 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 public during the course of an arrest or performance of duties.