All citizens' complaints against a police officer shall be received, investigated, and disposed of in accordance with the procedures set forth herein, and complainants shall be notified in writing of action taken by the police chief.
A. The following procedures shall govern the investigation of the citizen's complaint:
1. A complaint may be made any time of the day or night. There shall be complaint forms at the police department and the office of the district. Copies of all complaints shall be given to the police chief, general manager and district counsel on the next business day after the complaint is filed.
2. Upon receipt of the citizen's complaint, the chief of police shall review the complaint and determine if there has been a previous complaint for the same incident or for a similar incident. The chief of police shall further determine whether there has been a previous investigation by the police department, grand jury, district attorney or other investigative agency involving the same incident and allegations. If there has been a previous investigation, the chief of police shall review the previous investigation to determine if there is a need for an additional investigation. If the chief of police determines that there has not been a previous investigation of the citizen's complaint, or that an additional investigation is necessary, he shall promptly assign it for investigation to a member of the police department not named in the complaint who shall be responsible for the investigation of the alleged incident. If there is an ongoing investigation regarding the incident alleged in the citizen's complaint, the chief of police may consolidate the investigations. All such investigations shall be initiated by, and insofar as practicable, carried out by, the staff of the police department trained in investigations of citizens' complaints. The police department shall have direct responsibility for all such investigations. If a complaint is received against the chief of police, the general manager shall refer the complaint to the Kern County district attorney. If the Kern County district attorney declines to investigate, the complaint may be referred to an independent investigator trained in investigations of citizens' complaints, who does not work for or consult with the police department. Investigation procedures utilized by the private investigator shall be in accordance with the standards established by the state of California commission on peace officer standards and training. Once the complaint has been received, the complainant will have up to thirty (30) days to provide additional material or input. Except for extenuating circumstances, approved by the police chief, no additional materials or testimony will be accepted after the thirty (30) day period.
3. The investigation shall include, but not be limited to, the following:
a. Interviews with the complaining witness, the alleged victim of the police misconduct (if other than the complaining witness), and all other witnesses to the incident who are indicated on the complaint form;
b. Interviews with the police officer against whom the complaint is lodged and all other police officers witnessing or involved in the alleged incident;
c. Interviews with all other witnesses to the alleged incident who became known to the investigating officer as a result of investigation;
d. Examination of the scene of the alleged incident, when appropriate;
e. Viewing, analysis, and preservation of all other physical evidence, if any;
f. The gathering of all pertinent police department forms, analyses, technical reports, laboratory results, tapes and transcripts of telephone calls, and radio transmissions;
g. In the event that a criminal complaint has been lodged against any witness or participant regarding the complaint, the investigator shall review and analyze the investigation file compiled by the police department and/or the district attorney's office in connection with such criminal complaint, when available;
h. Such other investigative steps as may appear appropriate in the discretion of the assigned investigator, whose responsibility it shall be to record each step in the investigation and the result thereof in an investigation report.
B. Upon receipt of the file and the findings and conclusion of the investigating officer, the police chief shall review the entire file and determine the appropriate disposition of the complaint in accordance with the following provisions:
1. Criminal Misconduct:
a. In every case in which the police chief determines with reasonable satisfaction from the investigation that misconduct rising to the level of a crime has occurred, the police chief shall impose sanctions as he deems appropriate and shall refer the matter to the district attorney for consideration and prosecution unless prosecution has been previously initiated.
b. In every case in which the police chief determines from the investigation that: 1) there are reasonable grounds to believe that misconduct rising to the level of a crime has occurred; and 2) there are disputed issues of credibility which prevent a determination of the complaint upon the investigation only, the police chief shall conduct an administrative review.
c. In every case in which the police chief determines from the investigation, and without regard to any person's credibility, that there are no reasonable grounds to believe that criminal misconduct has occurred, the police chief or his appointed delegate shall proceed in accordance with subsection B2 of this section.
2. Noncriminal Misconduct: In every case in which the police chief, pursuant to subsection B1c of this section, determines that no misconduct rising to the level of a crime has occurred, the police chief shall either: a) make a finding that noncriminal misconduct has occurred and shall impose sanctions as he shall deem appropriate; or b) make a finding that no misconduct has occurred and shall close the file.
3. Disciplinary Action: In every case in which the police chief determines that misconduct has occurred, he shall impose sanctions which are commensurate with the seriousness of the misconduct, taking into account the prior history of the officer in question. Sanctions shall range from a reprimand to dismissal from service.
4. Notice: The disposition of the complaint shall be communicated in writing by certified mail (return receipt required), to the officer against whom the complaint has been lodged and the complainant or such person's representative as may be designated. Hand delivery is also authorized provided that a written acknowledgment of receipt is obtained.
C. The assigned investigator shall attempt to secure written statements from all participants in, and witnesses to, the alleged incident, but where any witness or participant is unwilling to make a signed written statement, the assigned investigator shall provide a summary of the oral statement, if any, provided by such participant or witness. Where a written statement is given and signed by a participant or witness, the assigned investigator shall provide the person making the statement with a copy.
D. When a complainant is unable to identify the police officer against whom a complaint is lodged by name or badge number, the assigned investigator shall make every effort to assist the complainant in making a positive identification of the police officer.
E. All investigations shall be completed within seventy five (75) days from the date of the filing of the citizen's complaint, except for extenuating circumstances stated in the investigation report and approved by the police chief. The investigation report shall include the written recommendation of the investigator as to the validity of the complaint.
F. Within fifteen (15) days of the completion of an investigation, the police chief shall review the entire investigation file, and the investigating officer's written conclusion as to the occurrence and nature of police misconduct, if any.
G. If extenuating circumstances necessitate an extension of time, the complainant (as well as the accused police officer) shall be notified of this fact and the reason therefor.
H. The complainant shall have no right to appeal the final determination of the police chief to the general manager of the district, the board of directors or the public safety committee. The final determination of the police chief shall be final and conclusive as to the district. Any appellate rights of the complainant shall be with the courts of the state of California. (Ord. 09-230, 1-8-2009)