DEPARTMENT POLICY

In accordance with California Penal Code Section 832.5, the Stockton Police Department has an established procedure to investigate complaints against peace officers.

HOW TO FILE A COMPLAINT

You may file a complaint by using one of the following methods:

1. In person at all Police Department locations.

2. Telephone the Police Department Watch Commander at
   (209) 937-8480 (24 hours a day).

3. Write to the Police Department’s Internal Affairs Section at
   22 E. Market Street, Stockton, CA 95202.

4. Telephone the Internal Affairs Section at (209) 937-8697.  Hours for the Internal Affairs Section are Monday through Friday, 8:00 a.m. to 12:00 p.m., and
   1:00 p.m. to 5:00 p.m.

Persons wishing to forward a complaint in writing may do so by obtaining a Citizen Complaint Form and turning it in, or mailing it to the Police Department Internal Affairs Section when completed.  Forms are available at all Police Department locations, all Public Library locations, and the City Clerk’s Office in City Hall.

WHAT TO EXPECT

If your concern stems from an arrest or citation issued, it may not be investigated until the legal matter has been resolved. 

If returning your complaint form in person, we request you contact the on-duty Watch Commander. Your complaint will then either be forwarded to the employee’s supervisor for inquiry or to the Internal Affairs Section. 

If your complaint is handled as an inquiry only, you will be notified of the results by telephone.

Accepted complaints will be classified into one of the following four categories:

Category “A” (Misconduct Complaints) – All complaints or allegations against Department members of misconduct, if proven, amounting to a violation of the law, or of the Department policies, procedures, General Orders, or Rules and Regulations.

Category “B” (Procedure Complaints) – All complaints where the supervisor/manager determines the employee(s) acted reasonably and within Department policy and procedure, given the specific circumstances and facts of the incident, and that despite the allegation of misconduct, there is no factual basis to support the allegation.

Category “C” (Divisional Complaints) – An allegation involving minor transgressions on the part of an employee(s) may be handled by bringing the matter to the attention of the employee(s)’ immediate supervisor. In choosing this process, the complainant makes a knowledgeable decision not to proceed with an Internal Affairs misconduct investigation. The utilization of this process does not imply that the subject employee(s) has, in fact, committed the alleged transgression.

Category “D” (Policy Complaints)  – A complaint which pertains to an established policy, properly employed by a Department member, which the complainant understands, but believes is inappropriate or not valid. It is an expression of dissatisfaction with the policy, practice, philosophy, service-level, or legal standard of the agency.

Regardless of classification, all complaints are reviewed by the Internal Affairs Section.

Category “A” complaints are normally investigated by the Internal Affairs Section.  All investigations are conducted in a fair and objective manner.  You may be contacted and interviewed during the investigation. 

After a review by command staff personnel, all completed investigations are forwarded to the Chief of Police for disposition.  There are four possible dispositions: 

Sustained – The investigation disclosed sufficient evidence to prove the allegation(s) made in the complaint.

Not Sustained – The investigation failed to disclose sufficient evidence to prove or disprove the allegation(s).

Unfounded – The investigation conclusively proved the act(s) or omission(s) alleged did not occur, or if the employee(s)  named was not involved in the act(s) or omission(s) which may have occurred.

Exonerated – The act(s) or omission(s) which provided the basis for the allegation occurred; however, the investigation revealed the action taken was justified, lawful, and proper.

When a finding of “sustained” is determined, corrective action will be taken.  Discipline may include counseling, training, and action up to and including termination.

CONFIDENTIALITY

California Penal Code Section 832.7 states peace officer personnel records are confidential and can only be divulged through a special court order during criminal or civil proceedings. 

You will be notified by mail when your complaint has been resolved; but by law we cannot divulge any information regarding discipline.

EMPLOYEE RIGHTS

Although many complaints reflect legitimate concerns, occasionally a complaint is fictitious and made with malice.  In fairness to the employees and the citizen, we investigate the complaint to obtain the facts about what did or did not occur.

In cases where it has been clearly shown a complaint was false and filed maliciously against an officer, that officer is entitled to file a civil action for defamation of character, in accordance with Section 47.5 of the Civil Code.

COMMUNITY INVOLVEMENT

Please remember the Stockton Police Department is here to serve and assist its citizens.  As such, we value your input concerning our ability to serve the public properly.
                                               
                                        (Revised 12/07)