Complaint Policies and Forms For Stanislaus County Law Enforcement Agencies

Policy Modesto Police Department
1020 Modesto PD Policy Manual
Personnel Complaints
1020.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the Modesto Police Department. This policy shall not apply
to any questioning, counseling, instruction, informal verbal admonishment or other routine or
unplanned contact of a member in the normal course of duty, by a supervisor or any other member,
nor shall this policy apply to a criminal investigation.
1020.2 POLICY
The Modesto Police Department takes seriously all complaints regarding the service provided by
the Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this
policy and applicable federal, state and local law, municipal and county rules and the requirements
of any collective bargaining agreements.
It is also the policy of this department to ensure that the community can report misconduct without
concern for reprisal or retaliation.
1020.3 PERSONNEL COMPLAINTS

Personnel complaints include any allegation of misconduct or improper job performance that, if
true, would constitute a violation of department policy or of federal, state or local law, policy or
rule. Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate department policy or federal,
state or local law, policy or rule may be handled informally by a supervisor and shall not be
considered a personnel complaint. Such inquiries generally include clarification regarding policy,
procedures or the response to specific incidents by the Department.
1020.3.1 ASSIGNMENT OF COMPLAINT

The Internal Affairs Unit (IAU) will investigate allegations, which include, but are not limited to:
(a) Commission of a crime by department personnel
(b) Excessive use of force
(c) Use of illegal drugs
(d) Any acts of serious nature
(e) Dishonesty
(f) Sexual Harassment
(g) Discrimination
(h) Cases referred by the office of Chief of Police
(i) Cases referred by the Assistant Chief or Division Commander
Copyright Lexipol, LLC 2020/02/03, All Rights Reserved. Personnel Complaints - 587
Published with permission by Modesto Police Department
Modesto Police Department
Modesto PD Policy Manual
A Supervisor may be assigned to investigate allegation, which include, but are not limited to:
(a) Discourteous or rudeness
(b) Improper procedure
(c) Minor infractions of departmental regulations
(d) Minor misconduct
(e) Differences of opinion between citizen and employee relative to enforcement, action,
or omission
(f) Cases referred by the office of the Chief of Police
(g) Cases referred by the Assistant Chief or Division Commander
1020.3.2 COMPLAINT CLASSIFICATIONS

Personnel complaints shall be classified in one of the following categories:
Informal - A matter in which the complaining party is satisfied that appropriate action has been
taken by a department supervisor. Informal complaints need not be documented on a personnel
complaint form and the responsible supervisor shall have the discretion to handle the complaint in
any manner consistent with this policy. An informal complaint should be limited to issues involving:
(a) Perceived discourteous or rudeness by department personnel
(b) Citizen's lack of understanding of agency procedures, laws, etc.
(c) Minor infractions of department regulations
(d) Minor misconduct
(e) Differences of opinion between citizen and employee relative to enforcement, action
or omission
Formal - A matter in which the complaining party requests further investigation or which a
department supervisor determines that further action is warranted. Such complaints may be
investigated by a department supervisor or referred to the IAU depending on the seriousness
and complexity of the investigation. Complaints including, but not limited to the following, shall be
deemed a formal complaint:
(a) Commission of a crime by department personnel
(b) Excessive use of force
(c) Use of illegal drugs
(d) Dishonesty
(e) Sexual harassment
(f) Discrimination
(g) Any acts of a serious nature
Incomplete - A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the IAU, such matters may be further investigated depending on the seriousness of the complaint
and the availability of sufficient information.
1020.3.3 DUTY STATUS MODIFICATION

An officer or employee may be relieved of duty pending the outcome of an investigation involving
allegations of serious misconduct or criminal conduct, if such an action is in the best interest of
the Modesto Police Department and the public. Relief from duty may involve transfer from field
duties to administrative duties or placement on administrative leave with pay.
1020.3.4 SOURCES OF COMPLAINTS

The following applies to the source of complaints:
(a) Individuals from the public may make complaints in any form, including in writing, by
email, in person or by telephone.
(b) Any department member becoming aware of alleged misconduct shall immediately
notify a supervisor.
(c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from
any source alleging misconduct that, if true, could result in disciplinary action.
(d) Anonymous and third-party complaints should be accepted and investigated to the
extent that sufficient information is provided.
(e) Tort claims and lawsuits may generate a personnel complaint.
1020.3.5 COMPLAINT FORMS

Personnel complaint forms will be maintained in a clearly visible location in the public area of the
police facility and be accessible through the department website.
1020.3.6 ACCEPTANCE
All complaints will be courteously accepted by any department member. A complaint may be filed
in person, in writing, or by telephoning the Department. Although not required, every effort should
be made to have the complainant appear in person. The following should be considered before
taking a complaint:
(a) When the complainant is intoxicated to the point where his/her credibility appears to
be unreliable, identifying information should be obtained and the person should be
provided with a Citizen Complaint form.
(b) Depending on the urgency and seriousness of the allegations involved, complaints
from juveniles should generally be taken only with their parents or guardians present
and after the parents or guardians have been informed of the circumstances prompting
the complaint
1020.4 DOCUMENTATION
Supervisors shall ensure that all formal and informal complaints are documented on a complaint
form. In the event a citizen refuses to complete a complaint form, the supervisor will continue
to obtain a recorded statement from the citizen and submit a memorandum to IAU outlining the
nature of the complaint, the name of the complainant, the names of the involved employee(s), and
any related case number or incident number.
The IAU Clerk will log all complaints and inquiries into IA Pro, a database that records and tracks
department complaints. The recorded data shall include the nature of the complaint and the actions
taken to address the complaint. On an annual basis, the Department should audit the log and
send an audit report to the Chief of Police or the authorized designee.
1020.5 SUPERVISOR RESPONSIBILITIES

In general, the primary responsibility for the initial investigation of a personnel complaint shall
rest with the supervisor receiving the complaint. The Chief of Police or authorized designee may,
however, direct that another supervisor investigate it. The supervisor shall be responsible for the
following:
(a) A supervisor who becomes aware of alleged misconduct shall take reasonable steps
to prevent aggravation of the situation.
(b) A supervisor receiving a formal complaint involving allegations of a potentially serious
nature shall ensure that the supervisor’s lieutenant is notified as soon as practicable.
(c) A supervisor receiving any formal complaint shall ensure that a Personnel Complaint
form has been completed as fully as possible.
When the nature of a personnel complaint relates to sexual, racial, ethnic, or other forms of
prohibited harassment or discrimination, the supervisor receiving the complaint shall promptly
contact the Division Commander for direction regarding their role in investigation and/ or
addressing the complaint.
During the preliminary investigation of any complaint, the supervisor should make every
reasonable effort to obtain names, addresses and telephone numbers of additional witnesses.
When possible, supervisors should attempt to record the complainant's statement. Statements can
be captured on department issued portable audio video recorders, department issued cell phones,
or other recording devices where the content can be downloaded and stored on a memory device.
Once immediate medical attention has been provided, photographs of alleged injuries as well
as accessible areas of non-injury should be taken. Take photographs of damaged property if
applicable.
The original complaint form will then be directed to the IAU. The IAU Lieutenant will confer
with the Chief of Police or his/her designee on the assignment, scope, and depth of all internal
investigations.
The IAU shall retain all original personnel complaint documents and prepare a working file for the
complaint investigation.
If the supervisor is not able to complete his/her initial investigation prior to the end of their shift, the
supervisor shall notify the IAU Lieutenant, via e-mail, of the receipt of a new complaint.The
notification should include:
(a) The name(s) of the involved employee(s).
(b) The name and contact information of the complainant.
(c) Details of the nature of the allegation(s).
(d) Any related case number(s) or incident number(s).
A supervisor dealing with an accused employee shall ensure that the procedural rights of the
employee are followed pursuant to Government Code § 3303, et seq.
1020.6 ADMINISTRATIVE INVESTIGATIONS

Allegations of misconduct will be administratively investigated as follows.
1020.6.1 ADMINISTRATIVE INVESTIGATION PROCEDURES

Whether conducted by a supervisor or a member of the IAU, the following applies to members
covered by the Public Safety Officers Procedural Bill of Rights Act (POBR) (Government Code
§ 3303):
(a) Interviews of an accused member shall be conducted during reasonable hours and
preferably when the member is on-duty. If the member is off-duty, he/she shall be
compensated.
(b) Unless waived by the member, interviews of an accused member shall be at the
Modesto Police Department or other reasonable and appropriate place.
(c) No more than two interviewers should ask questions of an accused member.
(d) Prior to any interview, a member shall be informed of the nature of the investigation, the
name, rank and command of the officer in charge of the investigation, the interviewing
officers and all other persons to be present during the interview.
(e) All interviews shall be for a reasonable period and the member's personal needs
should be accommodated.
(f) No member should be subjected to offensive or threatening language, nor shall any
promises, rewards or other inducements be used to obtain answers.
(g) Any member refusing to answer questions directly related to the investigation may
be ordered to answer questions administratively and may be subject to discipline for
failing to do so.
(h) A member should be given an order to answer questions in an administrative
investigation that might incriminate the member in a criminal matter only after the
member has been given a Lybarger advisement.
(i) No information or evidence administratively coerced from a member may be provided
to anyone involved in conducting the criminal investigation or to any prosecutor.
(j) The interviewer should record all interviews of members and witnesses. The member
may also record the interview. If the member has been previously interviewed, a copy
of that recorded interview shall be provided to the member prior to any subsequent
interview.
(k) All members subjected to interviews that could result in discipline have the right to
have an uninvolved representative present during the interview. However, in order
to maintain the integrity of each individual’s statement, involved members shall not
consult or meet with a representative or attorney collectively or in groups prior to being
interviewed.
(l) All members shall provide complete and truthful responses to questions posed during
interviews.
(m) No member may be requested or compelled to submit to a polygraph examination,
nor shall any refusal to submit to such examination be mentioned in any investigation
(Government Code § 3307).
No investigation shall be undertaken against any officer solely because the officer has been placed
on a prosecutor’s Brady list or the name of the officer may otherwise be subject to disclosure
pursuant to Brady v. Maryland. However, an investigation may be based on the underlying acts
or omissions for which the officer has been placed on a Brady list or may otherwise be subject to
disclosure pursuant to Brady v. Maryland (Government Code § 3305.5).
1020.6.2 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
Unfounded - When the investigation discloses that the alleged acts did not occur or did not
involve department members. Complaints that are determined to be frivolous will fall within the
classification of unfounded.
Exonerated - When the investigation discloses that the alleged act occurred but that the act was
justified, lawful and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the
complaint or fully exonerate the member.
Sustained - When the investigation discloses sufficient evidence to establish that the act occurred
and that it constituted misconduct.
Other - The investigation revealed the alleged act was not misconduct or the employee was a
witness only, or other disposition by the Chief of Police.
If an investigation discloses misconduct or improper job performance that was not alleged in
the original complaint, the investigator shall take appropriate action with regard to any additional
allegations.
1020.6.3 COMPLETION OF INVESTIGATIONS

Every investigator or supervisor assigned to investigate a personnel complaint or other alleged
misconduct shall proceed with due diligence in an effort to complete the investigation within one
year from the date of discovery by an individual authorized to initiate an investigation (Government
Code § 3304).
In the event that an investigation cannot be completed within one year of discovery, the
assigned investigator or supervisor shall ensure that an extension or delay is warranted within the
exceptions set forth in Government Code § 3304(d) or Government Code § 3508.1.
1020.6.4 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS

The member conducting the investigation should provide the complainant with periodic updates
on the status of the investigation, as appropriate.
1020.7 ADMINISTRATIVE SEARCHES

Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be
searched as part of an administrative investigation upon a reasonable suspicion of misconduct.
Such areas may also be searched any time by a supervisor for non-investigative purposes, such
as obtaining a needed report, radio or other document or equipment.
Lockers and storage spaces may only be administratively searched in the member's presence,
with the member’s consent, with a valid search warrant or where the member has been given
reasonable notice that the search will take place (Government Code § 3309).
1020.7.1 DISCLOSURE OF FINANCIAL INFORMATION

An employee may be compelled to disclose personal financial information under the following
circumstances (Government Code § 3308):
(a) Pursuant to a state law or proper legal process
(b) Information exists that tends to indicate a conflict of interest with official duties
(c) If the employee is assigned to or being considered for a special assignment with a
potential for bribes or other improper inducements
1020.8 ADMINISTRATIVE LEAVE

When a complaint of misconduct is of a serious nature, or when circumstances indicate that
allowing the accused to continue to work would adversely affect the mission of the Department,
the Chief of Police or the authorized designee may temporarily assign an accused employee to
administrative leave. Any employee placed on administrative leave:
(a) May be required to relinquish any department badge, identification, assigned weapons
and any other department equipment.
(b) Shall be required to continue to comply with all policies and lawful orders of a
supervisor.
(c) May be temporarily reassigned to a different shift, generally a normal business-hours
shift, during the investigation. The employee may be required to remain available for
contact at all times during such shift, and will report as ordered.
1020.9 CRIMINAL INVESTIGATION

Where a member is accused of potential criminal conduct, a separate supervisor or investigator
shall be assigned to investigate the criminal allegations apart from any administrative investigation.
Any separate administrative investigation may parallel a criminal investigation.
The Chief of Police shall be notified as soon as practicable when a member is accused of criminal
conduct. The Chief of Police may request a criminal investigation by an outside law enforcement
agency.
A member accused of criminal conduct shall be advised of his/her constitutional rights
(Government Code § 3303(h)). The member should not be administratively ordered to provide
any information in the criminal investigation.
The Modesto Police Department may release information concerning the arrest or detention of
any member, including an officer, that has not led to a conviction. No disciplinary action should
be taken until an independent administrative investigation is conducted.
1020.10 DIVISION COMMANDER RESPONSIBILITIES

Upon receipt of any completed personnel investigation, IAU will assign the appropriate Division
Commander the investigation for a review and dispostion. The Division Commander may review
the investigative file and complete a disposition or assign the investigation to a Lieutenant to
complete. Absent extenuating circumstances, dispositions should be returned to IAU within 30-
days. Any period longer than 30-days should be approved by the Chief of Police. Prior to
forwarding recommendations to the Chief of Police, the Division Commander or designee may
return the entire investigation to the assigned investigator or supervisor for further investigation
or action.
Upon receipt of any completed personnel investigation, the Division Commander of the involved
member or the Division Commander's designee shall review the investigative file, the member's
personnel file and any other relevent materials.
The Division Commander or designee may make recommendations regarding the disposition of
any allegations and the amount of discipline, if any, to be imposed.
When forwarding any written recommendation to the Chief of Police, the Division Commander or
designee shall include all relevant materials supporting the recommendation. Actual copies of a
member's existing personnel file need not be provided and may be incorporated by reference.
1020.10.1 CHIEF OF POLICE RESPONSIBILITIES

Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall
review the recommendation and all accompanying materials. The Chief of Police may modify any
recommendation and/or may return the file to the Division Commander for further investigation
or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff, the
Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the
event disciplinary action is proposed, the Chief of Police shall provide the member with a pre-
disciplinary procedural due process hearing (Skelly) by providing written notice of the charges,
proposed action and reasons for the proposed action. Written notice shall be provided within one
year from the date of discovery of the misconduct (Government Code § 3304(d)). The Chief of
Police shall also provide the member with:
(a) Access to all of the materials considered by the Chief of police in recommending the
proposed discipline.
(b) An opportunity to respond orally or in writing to the Chief of Police within five days of
receiving the notice.
1. Upon a showing of good cause by the member, the Chief of Police may grant a
reasonable extension of time for the member to respond.
2. If the member elects to respond orally, the presentation may be recorded by
the Department. Upon request, the member shall be provided with a copy of the
recording.
Once the member has completed his/her response or if the member has elected to waive any such
response, the Chief of Police shall consider all information received in regard to the recommended
discipline. The Chief of Police shall render a timely written decision to the member and specify
the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of
Police has issued a written decision, the discipline shall become effective.
1020.10.2 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT

The Chief of Police or the authorized designee shall ensure that the complainant is notified of the
disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint (Penal Code
§ 832.7(e)).
1020.10.3 NOTICE REQUIREMENTS

The disposition of any civilian's complaint shall be released to the complaining party with 30 days
of the final disposition. This release shall not include what discipline, if any, was imposed (Penal
Code § 832.7(e)).
1020.11 PRE-DISCIPLINE EMPLOYEE RESPONSE

The pre-discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the Chief of Police after having had an opportunity to review
the supporting materials and prior to imposition of any recommended discipline. The employee
shall consider the following:
(a) The response is not intended to be an adversarial or formal hearing.
(b) Although the employee may be represented by an uninvolved representative or legal
counsel, the response is not designed to accommodate the presentation of testimony
or witnesses.
(c) The employee may suggest that further investigation could be conducted or the
employee may offer any additional information or mitigating factors for the Chief of
Police to consider.
(d) In the event that the Chief of Police elects to cause further investigation to be
conducted, the employee shall be provided with the results prior to the imposition of
any discipline.
(e) The employee may thereafter have the opportunity to further respond orally or in
writing to the Chief of Police on the limited issues of information raised in any
subsequent materials.
1020.12 RESIGNATIONS / RETIREMENTS PRIOR TO DISCIPLINE

In the event that a member tenders a written resignation or notice of retirement prior to the
imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by
itself shall not serve as grounds for the termination of any pending investigation or discipline.
1020.13 PROBATIONARY EMPLOYEES AND OTHER MEMBERS

At-will and probationary employees and those members other than non-probationary employees
may be released from employment for non-disciplinary reasons (e.g., failure to meet standards)
without adherence to the procedures set forth in this policy or any right to appeal. However, any
probationary officer subjected to an investigation into allegations of misconduct shall be entitled
to those procedural rights, as applicable, set forth in the Peace Officer Bill of Rights (POBR),
(Government Code § 3303; Government Code § 3304).
At-will, probationary employees and those other than non-probationary employees subjected to
discipline or termination as a result of allegations of misconduct shall not be deemed to have
acquired a property interest in their position, but shall be given the opportunity to appear before
the Chief of Police or authorized designee for a non-evidentiary hearing for the sole purpose of
attempting to clear their name or liberty interest. There shall be no further opportunity for appeal
beyond the liberty interest hearing and the decision of the Chief of Police shall be final.
1020.14 RETENTION OF PERSONNEL INVESTIGATION FILES

All personnel complaints shall be maintained in accordance with the established records retention
schedule and as described in the Personnel Records Policy.
1020.15 STATISTICAL REPORTS

The IAU will, on an annual basis, compile statistical summaries of internal affairs investigations
completed during the last calendar year.
1020.16 REVISIONS
Adopted October 1, 2014
• Revised April 1, 2016
• Revised May 1, 2018

• Revised March 1, 2019
MODESTO POLICE DEPARTMENT IAU #:
MODESTO POLICE DEPARTMENT

CITIZEN COMPLAINT FORM
IAU #:
MPD#:
CITIZEN COMPLAINT FORM MPD#:

Office of the Chief of Police
Galen L. Carroll (209) 572-9500 * FAX (209) 572-9669 600 10th Street
Chief of Office ofModesto,
the ChiefCA
of Police
Galen L. Police
Carroll TDD (209)572-9500
(209) 526-9211 Hearing
* FAX& Speech Impaired Only
(209) 572-9669
(209) 572-9500 * FAX (209) 572-9669 95354
600 10th Street
Chief of Police COMPLAINANT
TDD (209) 526-9211 Hearing & Speech Impaired Only Modesto, CA 95354
NAME: (Please Print) COMPLAINANT Date of Birth:
NAME: (Please Print) American Indian Black Filipino Hispanic/Latin/Mexican Other Date of Birth:
Pacific Islander Vietnamese
RACE: (Optional) Asian Indian
Cambodian Hawaiian Laotian Other Asian Samoan White
American Indian Black Filipino Hispanic/Latin/Mexican Other Pacific Islander Vietnamese
STREET ADDRESS: Asian Indian
RACE: (Optional) Cambodian Hawaiian Laotian Other Asian Samoan White
STREET
CITY: ADDRESS: STATE: ZIP CODE:
CITY:
TELEPHONE (HOME): BUSINESS: STATE: ZIP CODE:
OTHER:
TELEPHONE (HOME):
DATE INCIDENT OCCURRED: BUSINESS: TIME OCCURRED: OTHER:
DATE INCIDENT
INCIDENT OCCURRED:
OCCURRED AT WHAT LOCATION: TIME OCCURRED:
INCIDENT
RACIAL OROCCURRED MODESTO
AT WHAT LOCATION:
IDENTITY PROFILING YES NO POLICE DEPARTMENT
REASON: EMPLOYEES
NAME(s): MODESTO POLICE DEPARTMENT EMPLOYEES
NAME(s):
Please explain the incident:
Please explain the incident:
I hereby verify the facts and circumstances I have detailed above are true and correct to the best of my knowledge. I understand I will be interviewed regarding this complaint. I agree
to cooperate fully with the investigation.
I hereby verify the facts and circumstances I have detailed above are true and correct to the best of my knowledge. I understand I will be interviewed regarding this complaint. I agree
to cooperate
Name: (print) fully with the investigation. Signature of Complainant:
Name:
Date : (print) Signatureisofunder
Parent or Guardian Signature (if Complainant Complainant:
the age of 18):
Date : Parent or Guardian Signature (if Complainant is under the age of 18):
Supervisor Receiving Complaint: IBM: Date Received:
You may mailReceiving
Supervisor or deliver this form to:
Complaint: IBM: : YES
Date Received:
TAPED STATEMENT NO (EXPLAIN)
Modesto Police Department, Office
to: of the Chief of Police, 600 10th Street, Modesto, CA 95353
You may mail or deliver this form TAPED STATEMENT: YES NO (EXPLAIN)
Revised 4/2015 ORIGINAL – IAU CANARY – WORKING FILE PINK – COMPLAINANT
Modesto Police Department, Office of the Chief of Police, 600 10th Street, Modesto, CA 95353
Revised 4/2015 ORIGINAL – IAU CANARY – WORKING FILE PINK – COMPLAINANT
CITIZEN COMPLAINT POLICY
As law enforcement officers we are governed by Federal, State and Municipal laws. In addition to these regulations, we are
expected to comply with the provisions of our Policies and Procedures, other Department directives and the Law
Enforcement Code of Ethics.
Since we endeavor to provide professional law enforcement services to the community, our duties must be performed in a
manner that will inspire the confidence and respect of the public. Therefore, when it is determined that a member has
demonstrated misconduct or inappropriate behavior, corrective action will be taken.
Any member who is acting within the scope of the law, and our regulations, will receive the full support of the Department.
A double standard of law enforcement cannot exist anywhere within the city of Modesto. Uniform enforcement practices
must be followed throughout the community and the law must be enforced courteously and appropriately.
When a citizen makes a complaint against a member of the Department, that complaint shall be thoroughly investigated.
When an investigation establishes a citizen complaint is valid, appropriate administrative action will be taken.
Modesto Police supervisors are encouraged and expected to handle minor complaints in a manner that will provide a
speedy resolution for the Complainant while at the same time providing the necessary feedback and training to enhance the
overall performance of Modesto Police Department employees.
COMPLAINT DEFINED: A complaint is defined as an allegation of misconduct by an employee which, if found to be true,
could result in disciplinary action.
COMPLAINT DISPOSITIONS: Based upon the findings of the Department investigation, a complaint shall be classified in
the following manner: Sustained, Not Sustained, Exonerated, Unfounded or Closed.
1. Sustained Complaint: A complaint is considered "Sustained" when the investigation

reveals that:
• The employee has committed the act(s) of misconduct alleged in the complaint.
• The employee omitted a required duty.
2. Not Sustained Complaint: A complaint is considered "Not Sustained" when the

investigation discloses insufficient evidence to clearly prove or disprove the allegation(s)
made.
3. Exonerated Complaint: A complaint is considered "Exonerated" when:

• The act occurred but the act was justified, lawful, and proper.
• The allegation(s) were resolved to the Complainant’s satisfaction and the Complainant
requests no further action.
4. Unfounded Complaint: A complaint is considered "Unfounded" when the allegations are

without basis.
5. Closed (Special Circumstances): A complaint is considered "Closed" when an employee

resigns his/her employment prior to the completion of the investigation.
For further information regarding the City of Modesto Police Department's citizen complaint process,
please write to the Modesto Police Department, Internal Affairs Unit, 600 10th Street, Modesto, CA 95354
or call (209) 572-9615.
Policy Stanislaus County Sheriff's Department
1020 Stanislaus CO SD CA Policy Manual
regarding the conduct of members of the Stanislaus County Sheriff's Department. This policy
shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other
routine or unplanned contact of a member in the normal course of duty, by a supervisor or any
other member, nor shall this policy apply to a criminal investigation.
1020.2 POLICY
The Stanislaus County Sheriff's Department takes seriously all complaints regarding the service
provided by the [Department/Office] and the conduct of its members.
The [Department/Office] will accept and address all complaints of misconduct in accordance
with this policy and applicable federal, state and local law, municipal and county rules and the
requirements of any collective bargaining agreements.
It is also the policy of this [department/office] to ensure that the community can report misconduct
without concern for reprisal or retaliation.


Informal - A matter in which Administration is satisfied that appropriate action has been taken by
a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member and
will be referred to Administration/Internal Affairs, depending on the seriousness and complexity
of the investigation.
unavailable after diligent follow-up investigation. At the discretion of Administration/Internal Affairs,
such matters may be further investigated depending on the seriousness of the complaint and the
availability of sufficient information.
Published with permission by Stanislaus County Sheriff's
Department
Stanislaus County Sheriff's Department
Stanislaus CO SD CA Policy Manual

(c) Anonymous and third-party complaints should be accepted and investigated to the
(d) Tort claims and lawsuits may generate a personnel complaint.
1020.4 ASSIGNMENT TO ADMINISTRATIVE LEAVE

When a complaint of misconduct is of a serious nature or when circumstances practically dictate
that it would impose an unreasonable risk to the Department, the employee, other employees or
the public, Administration may assign the accused employee to inactive duty pending completion
of the investigation or the filing of administrative charges.
1020.4.1 ADMINISTRATIVE LEAVE
An employee placed on administrative leave may be subject to the following guidelines:

(a) Under such circumstances, an employee placed on administrative leave shall continue
to receive regular pay and benefits pending the imposition of any discipline.
(b) An employee placed on administrative leave may be required by a supervisor to
relinquish any badge, departmental identification, assigned weapon(s) and any other
departmental equipment.
(c) An employee placed on administrative leave may be ordered to refrain from taking an
action as a departmental employee or in an official capacity. The employee shall be
required to continue to comply with all policies and lawful orders of a supervisor.
(d) An employee placed on administrative leave may be temporarily reassigned to normal
business hours during the pendency of the investigation and the employee may be
required to remain available for contact at all times during such shift and report as
ordered.
(e) At such time as any employee placed on administrative leave is returned to full and
regular duty, the employee shall be returned to their regularly assigned shift with all
badges, identification card and other equipment returned.
1020.4.2 ACCEPTANCE
All complaints will be courteously accepted by any Department member and promptly forwarded
to Administration/Internal Affairs. Although written complaints are preferred, a complaint may also
Department
be filed orally, either in person or by telephone. Such complaints will be directed to a supervisor.
If a supervisor is not immediately available to take an oral complaint, the receiving member shall
obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so that
proper identification, signatures, photographs or physical evidence may be obtained as necessary.
A complainant shall be provided with a copy of his/her statement at the time it is filed with the
Department (Penal Code § 832.7).
1020.4.3 AVAILABILITY OF WRITTEN PROCEDURES

The Department shall make available to the public a written description of the investigation
procedures for complaints (Penal Code § 832.5).
Supervisors should ensure that all formal and informal complaints are documented on a complaint
form. The supervisor should ensure that the nature of the complaint is defined as clearly as
possible.
All formal complaints should be documented in a log that Administration/Internal Affairs will track.
The log shall include the nature of the complaint and the actions taken to address the complaint.
On an annual basis, the Department should audit the log and send an audit report to the Sheriff
or the authorized designee.

1020.6.1 SUPERVISOR RESPONSIBILITIES

In general, the primary responsibility for the investigation of a personnel complaint shall rest with
the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor
is the ultimate decision-maker regarding disciplinary action or has any personal involvement
regarding the alleged misconduct. The Sheriff or the authorized designee may direct that another
supervisor investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.
The responsibilities of supervisors include but are not limited to:
(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is
completed.
1. The original complaint form will be directed to the Watch Commander of the
accused member, via the chain of command, who will take appropriate action
and/or determine who will have responsibility for the investigation.
Department
2. In circumstances where the integrity of the investigation could be jeopardized by

reducing the complaint to writing or where the confidentiality of a complainant
is at issue, a supervisor shall orally report the matter to the member's Division
Commander or the Sheriff, who will initiate appropriate action.
(b) Responding to all complainants in a courteous and professional manner.
(c) Resolving those personnel complaints that can be resolved immediately.
1. Follow-up contact with the complainant should be made within 24 hours of the
[Department/Office] receiving the complaint.
2. If the matter is resolved and no further action is required, the supervisor will
note the resolution on a complaint form and forward the form to the Watch
Commander.
(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious
nature, the Watch Commander and the Sheriff are notified via the chain of command
as soon as practicable.
(e) Promptly contacting the Personnel Department and the Watch Commander for
direction regarding their roles in addressing a complaint that relates to sexual, racial,
ethnic or other forms of prohibited harassment or discrimination.
(f) Forwarding unresolved personnel complaints to the Watch Commander, who will
determine whether to contact the complainant or assign the complaint for investigation.
(g) Informing the complainant of the investigator’s name and the complaint number within
three days after assignment.
(h) Investigating a complaint as follows:
1. Making reasonable efforts to obtain names, addresses and telephone numbers
of witnesses.
2. When appropriate, ensuring immediate medical attention is provided and
photographs of alleged injuries and accessible uninjured areas are taken.
(i) Ensuring that the procedural rights of the accused member are followed (Government
Code § 3303 et seq.).
(j) Ensuring interviews of the complainant are generally conducted during reasonable
hours.

Whether conducted by a supervisor or a member of the Internal Affairs Unit, the following applies to
members covered by the Public Safety Officers Procedural Bill of Rights Act (POBR) (Government
Code § 3303):
compensated.
(b) Unless waived by the member, interviews of an accused member shall be at the
Stanislaus County Sheriff's Department or other reasonable and appropriate place.
Department
(d) Prior to any interview, a member shall be informed of the nature of the investigation,
the name, rank and command of the investigator in charge of the investigation, the
interviewing officers and all other persons to be present during the interview.
failing to do so.
1. A member should be given an order to answer questions in an administrative
investigation that might incriminate the member in a criminal matter only after
the member has been given a Lybarger advisement.
2. Administrative investigators should consider the impact that compelling
a statement from the member may have on any related criminal investigation
and should take reasonable steps to avoid creating any foreseeable conflicts
between the two related investigations. This may include conferring with the
person in charge of the criminal investigation (e.g., discussion of processes,
timing, implications).
3. No information or evidence administratively obtained from a member may be
provided to anyone involved in conducting the criminal investigation or to any
prosecutor.
(h) The interviewer should record all interviews of members and witnesses. The member
interview.
(i) All members subjected to interviews that could result in discipline have the right to
interviewed.
(j) All members shall provide complete and truthful responses to questions posed during
interviews.
(k) No member may be requested or compelled to submit to a polygraph examination,
No investigation shall be undertaken against any deputy solely because the deputy has been
placed on a prosecutor’s Brady list or the name of the deputy may otherwise be subject to
disclosure pursuant to Brady v. Maryland. However, an investigation may be based on the
Department
underlying acts or omissions for which the deputy has been placed on a Brady list or may otherwise
be subject to disclosure pursuant to Brady v. Maryland (Government Code § 3305.5).

Code § 3304).
Administration/Internal Affairs shall ensure that within 30 days of the final disposition of the
complaint, the complainant is provided written notification of the disposition (Penal Code §
832.7(e)).


1020.8 CONFIDENTIALITY OF PERSONNEL FILES

All investigations of sworn personnel complaints, whether originating from a citizen or internally,
shall be considered confidential peace officer personnel files. The contents of such files shall not
be revealed to other than the involved employee or authorized personnel except pursuant to lawful
process.
In the event that an accused employee (or the representative of such employee) knowingly makes
false representations regarding any internal investigation and such false representations are
Department
communicated to any media source, the Department may disclose sufficient information from the
employee's personnel file to refute such false representations (Penal Code § 832.5).
All sustained citizen's complaints shall be maintained for a period of at least five years (Penal Code
§ 832.5). All internally initiated complaints shall be maintained at least two years (Government
All complaints shall be maintained by Administration/Internal Affairs.
1020.9 INTENTIONALLY LEFT BLANK

Administration/Internal Affairs shall be notified as soon as practicable when a member is accused
of criminal conduct. Administration/Internal Affairs may request a criminal investigation by an
outside law enforcement agency.
No information or evidence administratively obtained from a member may be provided to anyone
involved in conducting the criminal investigation or to any prosecutor.
The Stanislaus County Sheriff's Department may release information concerning the arrest or
detention of any member, including a deputy, that has not led to a conviction. No disciplinary action
should be taken until an independent administrative investigation is conducted.
1020.11 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES

Upon completion of a formal investigation, an investigation report should be forwarded to
Administration/Internal Affairs, through the chain of command. Each level of command should
review the report prior to forwarding up the chain of command. The Sheriff or the Sheriff's
designee may accept or modify any classification or recommendation for disciplinary action.
1020.11.1 DIVISION COMMANDER AND DISCIPLINE REVIEW BOARD'S

RESPONSIBILITIES
Upon receipt of any completed personnel investigation, the Division Commander or Discipline
Review Board shall review the entire investigative file, the member's personnel file and any other
relevant materials.
The Division Commander or Discipline Review Board may make recommendations regarding the
disposition of any allegations and the amount of discipline, if any, to be imposed.
Department
Prior to forwarding recommendations to the Division Commander or Discipline Review Board may
return the entire investigation to the assigned investigator or supervisor for further investigation
or action.
When forwarding any written recommendation to the Sheriff, or the Sheriff's designee, the Division
Commander, or Discipline Review Board, shall include all relevant materials supporting the
recommendation. Actual copies of a member's existing personnel file need not be provided and
may be incorporated by reference.

The Sheriff or the authorized designee shall ensure that the complainant is notified of the
§ 832.7(f)).

The disposition of any civilian’s complaint shall be released to the complaining party within 30
days of the final disposition. This release shall not include what discipline, if any, was imposed
(Penal Code § 832.7(f)).
Department
Stanislaus County Sheriff’s Department
Jeff Dirkse
Sheriff-Coroner
Date of request
CITIZEN COMPLAINT PROCEDURES
Residents of Stanislaus County,
The Stanislaus County Sheriff’s Department realizes it must be responsive to input from the citizens in the community. All members
of the Sheriff’s Department encourage citizens to report what they believe to be any acts of misconduct. The complaint must be made
in good faith, and the Sheriff’s Department pledges to respond swiftly, thoroughly, and fairly to bona fide reports of alleged
misconduct.
Very few contacts with the Sheriff’s Department are of an unfavorable nature which would cause a complaint to be made. The
majority of these contacts involve public assistance, information, or in some cases, lifesaving actions by a Deputy Sheriff.
The Sheriff’s Department constantly seeks ways to improve our service to the community. We have pledged ourselves to professional
and dedicated police services. To help us maintain this objective, we sincerely appreciate your comments.
Jeff Dirkse, Sheriff-Coroner

Citizen’s Complaint Form
My Name is: (Ms, Mrs, Mr)

(First) (Middle) (Last)
I live at:
My contact numbers are:

(Home) (Cell) (Work)
AM AM
Best reached between: PM and PM
I want to complain about: Employee and or Deputy Name:
Badge Number: Vehicle Number: ______________________ Report Number:
Racial or Identity Profiling Yes No Reason:

(circle one)
I want to complain because on: (date) At about (time): ________________ AM/PM
At: (location)
He/She
*If the incident occurred more than 30 days prior to this complaint, include a description of the circumstances causing the delay in the
above narrative.
(Attach as many additional sheets as necessary)
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A LAW ENFORCEMENT OFFICER FOR ANY
IMPROPER LAW ENFORCEMENT CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A
PROCEDURE TO INVESTIGATE CITIZEN’S COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN
DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS
NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE,
YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN
OFFICER BEHAVED IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING
TO COMPLAINTS MUST BE RETAINED FOR AT LEAST FIVE YEARS.
I have read and understood the above statement.
Signature of Complainant Date
Frequently Asked Questions
Does that mean that the Sheriff’s Department wants Will I have to write my complaint out?
complaints?
We have found it’s much easier to investigate a written
Of course not. A complaint may mean that someone hasn’t complaint, so we prefer them that way. If there are valid
done a good enough job. However, we do want to know when reasons this can’t be done, we will make other arrangements.
our services need to be improved or corrected.
How thoroughly will you really investigate?
Will you listen to my complaint?
Very thoroughly! We want to determine if there was a policy
Certainly. Customer service is a major priority. We value your violation. We promise a fair and objective investigation.
input and realize we may learn and improve our services based
on your complaint. What will happen to the Employee?
Who would investigate my complaint? That depends. If the actions were criminal, the employee will
be treated like any other person. If they were improper, but not
Either a special investigator from Internal Affairs or the criminal, the employee may be disciplined by the Sheriff.
employee’s supervisor will investigate a complaint.
Will I be told how the complaint came out?
Do I have to complain in person?
Yes, you will be notified by the Sheriff’s Department.
No. We prefer to talk to you in person. However, if there are However the release of specific details concerning the
valid reasons this can’t be done, your complaint can be made investigation may be limited by law.
over the phone or by mail. Generally, we do not accept a
complaint from another party on your behalf, as this would be Send your completed Citizen Complaint form to:
considered hearsay information and could leave out important
facts needed for an investigation. After receiving your
Administration Division
complaint, a supervisor will contact you.
250 E. Hackett Road
Who should I go to first? Modesto, CA 95358
You should take a complaint about an employee to their

supervisor. If a supervisor isn’t available, ask for the on-duty
Watch Commander.
I’m under 18. Do I have the right to complain?
Yes. Just bring one or both of your parents or guardians in

with you. (Revised 1/7/19)
TURLOCK POLICE DEPARTMENT
244 N BROADWAY| TURLOCK, CALIFORNIA 95380 | PHONE 209-668-5550| FAX 209-668-5642 |TDD 209-668-1207

CITIZEN REPORT
CRITICISM / COMPLAINT
Reporting Person (full name) ____________________________________________________________
Residence Address ________________________________________ Phone _____________________
Business Address _________________________________________ Phone _____________________
Date of Incident _________________ Time ____________ Location __________________________
Witness/Person Involved _______________________________________________________________
Involved Employee (s) _________________________________________________________________
Does criticism / complaint involve an arrest / citation? Yes  No 
Brief Narrative of Events _______________________________________________________________

_____________________________________________________________________________________
___________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________ (Additional narrative on back of form or attach additional sheets if needed)
148.6 P.C.
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER
POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO
INVESTIGATE CITIZENS’ COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS
PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH
EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE
AN OFFICER BEHAVED IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR FINDINGS
RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS.
I have read and understand the above statement:
____________________________________________________________ Date _________________________
COMPLAINANT SIGNATURE
Received by _______________________________________ Date ______________ Time __________________
AS POLICE PROFESSIONALS, WE COMMIT OURSELVES TO PUBLIC SAFETY, SERVICE, AND EXCELLENCE

CRITICISMS / COMPLAINTS
Turlock Police Department believes a relationship of confidence and trust with the public is essential
to effective law enforcement. Officers must be free to exercise their best judgment and to initiate law
enforcement in a reasonable, lawful, and impartial manner without fear of reprisal. So, too, enforcers of the
law have a special obligation to respect meticulously the rights of all persons.
Turlock Police Department acknowledges its responsibility to establish a system of complaint and
disciplinary procedures that will subject officers to corrective action when they conduct themselves
improperly.
To this end, Turlock Police Department welcomes from citizens of the community, constructive
criticism of the Police Department and valid complaints against its members and procedures.
Any citizen who feels he or she has been a victim of misconduct by a member of the Police
Department may file a “Citizen Report” which must be made within 60 days of the date of occurrence of the
incident to any member of the Police Department. Complaints that involve major violations, as defined in
policy, will be accepted at any time. Complaints of misconduct will be accepted and recorded on a “Citizen
Report” form available at the Turlock Police Department, 244 N Broadway; or the City Clerk’s Office, 156
South Broadway (City Hall). A copy will be given to you.
The person receiving the complaint will ask you to provide as much information as possible. The
complaint will then be investigated in a timely, professional manner. The investigation consists of taking
formal statements from all persons concerned and the gathering and preservation of any physical evidence or
other information related to the incident. Each allegation is examined on its own merits in an objective
manner.
The employee’s Division Manager will examine the investigation and make a recommendation to the
Chief of Police
Further information: Generally, complaints will not be accepted from persons who are intoxicated or under
the influence.
Additional Narrative: ____________________________________________________________________

_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
AS POLICE PROFESSIONALS, WE COMMIT OURSELVES TO PUBLIC SAFETY, SERVICE, AND EXCELLENCE

Policy Ceres Police Division
1020 Ceres PD Policy Manual
regarding the conduct of members of the Ceres Police Division. This policy shall not apply to any
questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned
contact of a member in the normal course of duty, by a supervisor or any other member, nor shall
this policy apply to a criminal investigation.
1020.2 POLICY
The Ceres Police Division takes seriously all complaints regarding the service provided by the
Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this
policy and applicable federal, state and local law, municipal and county rules and the requirements
of any collective bargaining agreements.
It is also the policy of this department to ensure that the community can report misconduct without
concern for reprisal or retaliation.


Informal - A matter in which the Watch Commander is satisfied that appropriate action has been
taken by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member, referred
to the Professional Standards Unit or an outside investigator, depending on the seriousness and
complexity of the investigation.
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the Professional Standards Unit, such matters may be further investigated depending on the
seriousness of the complaint and the availability of sufficient information.

Published with permission by Ceres Police Division
Ceres Police Division
Ceres PD Policy Manual

(c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from
any source alleging misconduct that, if true, could result in disciplinary action.
(d) Anonymous and third-party complaints should be accepted and investigated to the
(e) Tort claims and lawsuits may generate a personnel complaint.
1020.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1020.4.1 COMPLAINT FORMS

Personnel complaint forms will be maintained in a clearly visible location in the public area of
the police facility and be accessible through the department website. Forms may also be available
at other City facilities.
Personnel complaint forms in languages other than English may also be provided, as determined
necessary or practicable.
1020.4.2 ACCEPTANCE
All complaints will be courteously accepted by any department member and promptly given to
the appropriate supervisor. Although written complaints are preferred, a complaint may also be
filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If
a supervisor is not immediately available to take an oral complaint, the receiving member shall
obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so that
proper identification, signatures, photographs or physical evidence may be obtained as necessary.
A complainant shall be provided with a copy of his/her statement at the time it is filed with the
Department (Penal Code § 832.7).
1020.4.3 AVAILABILITY OF WRITTEN PROCEDURES

The Department shall make available to the public a written description of the investigation
procedures for complaints (Penal Code § 832.5).
Supervisors shall ensure that all formal and informal complaints are documented on a complaint
form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.

All complaints and inquiries should also be documented in a log that records and tracks complaints.
The log shall include the nature of the complaint and the actions taken to address the complaint.
On an annual basis, the Department should audit the log and send an audit report to the Chief
of Police or the authorized designee.

1020.6.1 SUPERVISOR RESPONSIBILITIES

In general, the primary responsibility for the investigation of a personnel complaint shall rest with
the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor
is the ultimate decision-maker regarding disciplinary action or has any personal involvement
regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that
another supervisor investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.
The responsibilities of supervisors include but are not limited to:
(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is
completed.
1. The original complaint form will be directed to the Watch Commander of the
accused member, via the chain of command, who will take appropriate action
and/or determine who will have responsibility for the investigation.
2. In circumstances where the integrity of the investigation could be jeopardized by
reducing the complaint to writing or where the confidentiality of a complainant is
at issue, a supervisor shall orally report the matter to the member's Lieutenant
or the Chief of Police, who will initiate appropriate action.
(b) Responding to all complainants in a courteous and professional manner.
(c) Resolving those personnel complaints that can be resolved immediately.
1. Follow-up contact with the complainant should be made within 24 hours of the
Department receiving the complaint.
2. If the matter is resolved and no further action is required, the supervisor will
note the resolution on a complaint form and forward the form to the Watch
Commander.
(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious
nature, the Watch Commander and the Chief of Police are notified via the chain of
command as soon as practicable.
(e) Promptly contacting the Department of Human Resources and the Watch Commander
for direction regarding their roles in addressing a complaint that relates to sexual,
racial, ethnic or other forms of prohibited harassment or discrimination.

(f) Forwarding unresolved personnel complaints to the Watch Commander, who will
determine whether to contact the complainant or assign the complaint for investigation.
(g) Informing the complainant of the investigator’s name and the complaint number within
three days after assignment.
(h) Investigating a complaint as follows:
1. Making reasonable efforts to obtain names, addresses and telephone numbers
of witnesses.
2. When appropriate, ensuring immediate medical attention is provided and
photographs of alleged injuries and accessible uninjured areas are taken.
(i) Ensuring that the procedural rights of the accused member are followed (Government
(j) Ensuring interviews of the complainant are generally conducted during reasonable
hours.

Whether conducted by a supervisor or a member of the Professional Standards Unit, the following
applies to members covered by the Public Safety Officers Procedural Bill of Rights Act (POBR)
(Government Code § 3303):
compensated.
(b) Unless waived by the member, interviews of an accused member shall be at the Ceres
Police Division or other reasonable and appropriate place.
(d) Prior to any interview, a member shall be informed of the nature of the investigation, the
name, rank and command of the officer in charge of the investigation, the interviewing
officers and all other persons to be present during the interview.
failing to do so.
1. A member should be given an order to answer questions in an administrative
investigation that might incriminate the member in a criminal matter only after
the member has been given a Lybarger advisement. Administrative investigators
should consider the impact that compelling a statement from the member
may have on any related criminal investigation and should take reasonable
steps to avoid creating any foreseeable conflicts between the two related

investigations. This may include conferring with the person in charge of the
criminal investigation (e.g., discussion of processes, timing, implications).
2. No information or evidence administratively coerced from a member may be
provided to anyone involved in conducting the criminal investigation or to any
prosecutor.
(h) The interviewer should record all interviews of members and witnesses. The member
interview.
(i) All members subjected to interviews that could result in discipline have the right to
interviewed.
(j) All members shall provide complete and truthful responses to questions posed during
interviews.
(k) No member may be requested or compelled to submit to a polygraph examination,
No investigation shall be undertaken against any officer solely because the officer has been placed
on a prosecutor’s Brady list or the name of the officer may otherwise be subject to disclosure
pursuant to Brady v. Maryland. However, an investigation may be based on the underlying acts
or omissions for which the officer has been placed on a Brady list or may otherwise be subject to
disclosure pursuant to Brady v. Maryland (Government Code § 3305.5).
1020.6.3 ADMINISTRATIVE INVESTIGATION FORMAT

Formal investigations of personnel complaints shall be thorough, complete and essentially follow
this format:
Introduction - Include the identity of the members, the identity of the assigned investigators, the
initial date and source of the complaint.
Synopsis - Provide a brief summary of the facts giving rise to the investigation.
Summary - List the allegations separately, including applicable policy sections, with a brief
summary of the evidence relevant to each allegation. A separate recommended finding should
be provided for each allegation.
Evidence - Each allegation should be set forth with the details of the evidence applicable to each
allegation provided, including comprehensive summaries of member and witness statements.
Other evidence related to each allegation should also be detailed in this section.
Conclusion - A recommendation regarding further action or disposition should be provided.

Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached
to the report.
1020.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
Unfounded - When the investigation discloses that the alleged acts did not occur or did not
involve department members. Complaints that are determined to be frivolous will fall within the
classification of unfounded (Penal Code § 832.8).
Exonerated - When the investigation discloses that the alleged act occurred but that the act was
justified, lawful and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the
complaint or fully exonerate the member.
Sustained - A final determination by an investigating agency, commission, board, hearing officer,
or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal
pursuant to Government Code § 3304 and Government Code § 3304.5 that the actions of an
officer were found to violate law or department policy (Penal Code § 832.8).
If an investigation discloses misconduct or improper job performance that was not alleged in
the original complaint, the investigator shall take appropriate action with regard to any additional
allegations.

Code § 3304).
1020.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS

The member conducting the investigation should provide the complainant with periodic updates
on the status of the investigation, as appropriate.



1020.8 ADMINISTRATIVE LEAVE

When a complaint of misconduct is of a serious nature, or when circumstances indicate that
allowing the accused to continue to work would adversely affect the mission of the Department,
the Chief of Police or the authorized designee may temporarily assign an accused employee to
administrative leave. Any employee placed on administrative leave:
(a) May be required to relinquish any department badge, identification, assigned weapons
and any other department equipment.
(b) Shall be required to continue to comply with all policies and lawful orders of a
supervisor.
(c) May be temporarily reassigned to a different shift, generally a normal business-hours
shift, during the investigation. The employee may be required to remain available for
contact at all times during such shift, and will report as ordered.

The Chief of Police shall be notified as soon as practicable when a member is accused of criminal
conduct. The Chief of Police may request a criminal investigation by an outside law enforcement
agency.
The Ceres Police Division may release information concerning the arrest or detention of any
member, including an officer, that has not led to a conviction. No disciplinary action should be
taken until an independent administrative investigation is conducted.

1020.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES

Upon completion of a formal investigation, an investigation report should be forwarded to the Chief
of Police through the chain of command. Each level of command should review the report and
include his/her comments in writing before forwarding the report. The Chief of Police may accept
or modify any classification or recommendation for disciplinary action.
1020.10.1 DIVISION COMMANDER RESPONSIBILITIES

Upon receipt of any completed personnel investigation, the Lieutenant of the involved member
shall review the entire investigative file, the member's personnel file and any other relevant
materials.
The Lieutenant may make recommendations regarding the disposition of any allegations and the
amount of discipline, if any, to be imposed.
Prior to forwarding recommendations to the Chief of Police, the Lieutenant may return the entire
investigation to the assigned investigator or supervisor for further investigation or action.
When forwarding any written recommendation to the Chief of Police, the Lieutenant shall include
all relevant materials supporting the recommendation. Actual copies of a member's existing
personnel file need not be provided and may be incorporated by reference.
1020.10.2 CHIEF OF POLICE RESPONSIBILITIES

Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall
review the recommendation and all accompanying materials. The Chief of Police may modify any
recommendation and/or may return the file to the Lieutenant for further investigation or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff, the
Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the
event disciplinary action is proposed, the Chief of Police shall provide the member with a pre-
disciplinary procedural due process hearing (Skelly) by providing written notice of the charges,
proposed action and reasons for the proposed action. Written notice shall be provided within one
year from the date of discovery of the misconduct (Government Code § 3304(d)). The Chief of
Police shall also provide the member with:
(a) Access to all of the materials considered by the Chief of Police in recommending the
proposed discipline.
(b) An opportunity to respond orally or in writing to the Chief of Police within five days of
receiving the notice.
1. Upon a showing of good cause by the member, the Chief of Police may grant a
reasonable extension of time for the member to respond.
2. If the member elects to respond orally, the presentation may be recorded by
the Department. Upon request, the member shall be provided with a copy of the
recording.
Once the member has completed his/her response or if the member has elected to waive any such
response, the Chief of Police shall consider all information received in regard to the recommended

discipline. The Chief of Police shall render a timely written decision to the member and specify
the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of
Police has issued a written decision, the discipline shall become effective.

The Chief of Police or the authorized designee shall ensure that the complainant is notified of the
§ 832.7(f)).

The disposition of any civilian’s complaint shall be released to the complaining party within 30
days of the final disposition. This release shall not include what discipline, if any, was imposed
(Penal Code § 832.7(f)).
1020.11 PRE-DISCIPLINE EMPLOYEE RESPONSE

The pre-discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the Chief of Police after having had an opportunity to review
the supporting materials and prior to imposition of any recommended discipline. The employee
shall consider the following:
(a) The response is not intended to be an adversarial or formal hearing.
(b) Although the employee may be represented by an uninvolved representative or legal
counsel, the response is not designed to accommodate the presentation of testimony
or witnesses.
(c) The employee may suggest that further investigation could be conducted or the
employee may offer any additional information or mitigating factors for the Chief of
Police to consider.
(d) In the event that the Chief of Police elects to cause further investigation to be
conducted, the employee shall be provided with the results prior to the imposition of
any discipline.
(e) The employee may thereafter have the opportunity to further respond orally or in
writing to the Chief of Police on the limited issues of information raised in any
subsequent materials.
1020.11.1 WRITTEN REPRIMANDS

Any employee wishing to formally appeal a written reprimand must submit a written request to the
Police Captain within ten days of receipt of the written reprimand. The Police Captain will then
assign the appeal to an uninvolved supervisor of at least one rank above the rank of the supervisor
issuing the original written reprimand. Absent a written stipulation to the contrary, the employee
will be provided with an evidentiary hearing before the assigned, uninvolved supervisor within 30
days. The decision of the assigned, uninvolved supervisor to sustain, modify or dismiss the written
reprimand shall be considered final.

1020.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE

In the event that a member tenders a written resignation or notice of retirement prior to the
imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by
itself shall not serve as grounds for the termination of any pending investigation or discipline.
1020.13 POST-DISCIPLINE APPEAL RIGHTS

Non-probationary employees have the right to appeal a suspension without pay, punitive transfer,
demotion, reduction in pay or step, or termination from employment. The employee has the right to
appeal using the procedures established by any collective bargaining agreement, Memorandum
of Understanding and/or personnel rules.
In the event of punitive action against an employee covered by the POBR, the appeal process
shall be in compliance with Government Code § 3304 and Government Code § 3304.5.
During any administrative appeal, evidence that an officer has been placed on a Brady list or is
otherwise subject to Brady restrictions may not be introduced unless the underlying allegations
of misconduct have been independently established. Thereafter, such Brady evidence shall be
limited to determining the appropriateness of the penalty (Government Code § 3305.5).
1020.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS

At-will and probationary employees and those members other than non-probationary employees
may be released from employment for non-disciplinary reasons (e.g., failure to meet standards)
without adherence to the procedures set forth in this policy or any right to appeal. However, any
probationary officer subjected to an investigation into allegations of misconduct shall be entitled
to those procedural rights, as applicable, set forth in the POBR (Government Code § 3303;
Government Code § 3304).
At-will, probationary employees and those other than non-probationary employees subjected to
discipline or termination as a result of allegations of misconduct shall not be deemed to have
acquired a property interest in their position, but shall be given the opportunity to appear before
the Chief of Police or authorized designee for a non-evidentiary hearing for the sole purpose of
attempting to clear their name or liberty interest. There shall be no further opportunity for appeal
beyond the liberty interest hearing and the decision of the Chief of Police shall be final.
1020.15 RETENTION OF PERSONNEL INVESTIGATION FILES

All personnel complaints shall be maintained in accordance with the established records retention
schedule and as described in the Personnel Records Policy.

Police Complaint Form
CERES POLICE DEPARTMENT COMPLAINT FORM

CITIZEN INFORMATION
Name
Age Date of Birth Sex Race
Full Residence Address
City State Zip Code
Phone Number Cell Number
Business Address
City State Zip Code
Business Phone
Narrative of Events
Please include date of incident and as many details as possible.
WITNESSES
Witness #1 Name
Full Residence Address
Residence or Cell Phone Business Phone
Witness #2 Name
Residence or Cell Phone Business Phone
Employee Involved
Name Badge #
Sex Race Description Vehicle #
What is the procedure once you receive my complaint?

Your complaint will be reviewed by Administration and then assigned to appropriate investigator. The investigator will call
you and complete their investigation. You will be notified, in writing, at the conclusion of the investigation.
Acknowledgement and Signature

YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE
CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CITIZEN
COMPLAINTS. A WRITTEN DESCRIPTION OF THIS PROCEDURE IS CONTAINED IN THIS DOCUMENT. THIS
AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION
ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND
HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CITIZEN COMPLAINTS MUST BE
RETAINED BY THIS AGENCY FOR AT LEAVE FIVE YEARS. IT IS AGAINST THE LAW TO MAKE A COMPLAINT
THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS
FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.
I have read and understand this statement
Signature_______________________________________________________________________ Date_______________
___________
Final Instructions
Please make two copies of this form and keep one for your files. Mail or hand deliver to the Ceres Police Department
2727 Third Street, Ceres, CA 95307

Complaint Policies and Forms For Stanislaus County Law Enforcement Agencies

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What is the purpose and scope of the personnel complaints policy?

What is the purpose and scope of the personnel complaints policy?

What types of complaints can be handled informally vs formally?

What types of complaints can be handled informally vs formally?

Policy Modesto Police Department

1020 Modesto PD Policy Manual

1020.3 PERSONNEL COMPLAINTS

1020.3.1 ASSIGNMENT OF COMPLAINT

1020.3.2 COMPLAINT CLASSIFICATIONS

1020.3.3 DUTY STATUS MODIFICATION

1020.3.4 SOURCES OF COMPLAINTS

1020.3.5 COMPLAINT FORMS

1020.5 SUPERVISOR RESPONSIBILITIES

1020.6 ADMINISTRATIVE INVESTIGATIONS

1020.6.1 ADMINISTRATIVE INVESTIGATION PROCEDURES

1020.6.3 COMPLETION OF INVESTIGATIONS

1020.6.4 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS

1020.7 ADMINISTRATIVE SEARCHES

1020.7.1 DISCLOSURE OF FINANCIAL INFORMATION

1020.8 ADMINISTRATIVE LEAVE

1020.9 CRIMINAL INVESTIGATION

1020.10 DIVISION COMMANDER RESPONSIBILITIES

1020.10.1 CHIEF OF POLICE RESPONSIBILITIES

1020.10.2 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT

1020.10.3 NOTICE REQUIREMENTS

1020.11 PRE-DISCIPLINE EMPLOYEE RESPONSE

1020.12 RESIGNATIONS / RETIREMENTS PRIOR TO DISCIPLINE

1020.13 PROBATIONARY EMPLOYEES AND OTHER MEMBERS

1020.14 RETENTION OF PERSONNEL INVESTIGATION FILES

1020.15 STATISTICAL REPORTS

• Revised May 1, 2018

MODESTO POLICE DEPARTMENT

CITIZEN COMPLAINT FORM MPD#:

1. Sustained Complaint: A complaint is considered "Sustained" when the investigation

2. Not Sustained Complaint: A complaint is considered "Not Sustained" when the

3. Exonerated Complaint: A complaint is considered "Exonerated" when:

4. Unfounded Complaint: A complaint is considered "Unfounded" when the allegations are

5. Closed (Special Circumstances): A complaint is considered "Closed" when an employee

1020.3 PERSONNEL COMPLAINTS

1020.3.1 COMPLAINT CLASSIFICATIONS

1020.3.2 SOURCES OF COMPLAINTS

1020.4 ASSIGNMENT TO ADMINISTRATIVE LEAVE

1020.4.1 ADMINISTRATIVE LEAVE

An employee placed on administrative leave may be subject to the following guidelines:

1020.4.3 AVAILABILITY OF WRITTEN PROCEDURES

1020.6 ADMINISTRATIVE INVESTIGATIONS

1020.6.1 SUPERVISOR RESPONSIBILITIES

2. In circumstances where the integrity of the investigation could be jeopardized by

1020.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES

1020.6.3 COMPLETION OF INVESTIGATIONS

1020.7 ADMINISTRATIVE SEARCHES

1020.7.1 DISCLOSURE OF FINANCIAL INFORMATION

1020.8 CONFIDENTIALITY OF PERSONNEL FILES

1020.9 INTENTIONALLY LEFT BLANK

1020.10 CRIMINAL INVESTIGATION

1020.11 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES

1020.11.1 DIVISION COMMANDER AND DISCIPLINE REVIEW BOARD'S

1020.11.2 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT

1020.11.3 NOTICE REQUIREMENTS

Residence Address ____________________ Phone _

Business Address _____________________ Phone _

Date of Incident _ Time Location __________

____________________________________ Date _

Received by ___________________ Date Time