HomeMy WebLinkAbout2000-02-07 City Council (12)City of Palo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: POLICE
DATE:FEBRUARY 7, 2000 CMR:129:00
SUBJECT:COMPLAINTS M,ADE BY MEMBERS OF THE PUBLIC
FOURTH QUARTER 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 fourth quarter of
1999. The Police Department received four complaints during this period (October
through December 1999). Five complaints were investigated and completed during this
period: four complaints from the third quarter and one complaint from the fourth quarter.
The remaining three complaints received during the fourth quarter will be completed
during the first quarter of 2000.
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,
CMR:129:00 Page 1 of 2
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
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 Fourth Quarter Report
Attachment B - Type and Disposition Year to Date Report
Attachment C - Definitions of Complaints by Category
PREPARED BY: Brad Zook, Police
DEPARTMENT HEAD:
PATRICK DWYER,
Chief~
CITY MANAGER APPROVAL:
City
CMR:129:00 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 public during the course of an arrest or performance of duties.