Complaint or Inquiry Submission

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The public’s trust, confidence and support are vital to successful police service. The public is entitled to have ready access to supervisors and the police administration that is sworn to serve them, and have them respond to any grievances or complaints regarding any member of the Davis Police Department. This access will help foster public understanding of police procedures and aid in the detection or correction of improper or undesirable practices or behavior by members of the Davis Police Department.

Pursuant to section 832.5 of the Penal Code, the Davis Police Department has adopted a policy that provides a fair, orderly and uniformly applied process for receiving, investigating, and resolving complaints of alleged police misconduct.

Complaints against members of the Davis Police Department may be filed in a variety of ways, including;

Filling out a complaint form is not a requirement for making a complaint. All complaints, from any source, including anonymous or third-party complaints, in any language, whether in writing or verbally received, no matter how received by the police department, will be reviewed.

Although a person is not required to speak to anyone at the police department prior to making a complaint, if your inquiry or complaint is specifically about a member of the Davis Police Department, we encourage you to speak directly to that employee’s immediate supervisor. If that supervisor is not available, you may ask for the on-duty Watch Commander. Any police supervisor may accept an initial inquiry or a formal complaint directed against personnel, policies or procedures.

If your inquiry or complaint appears to be based on a misunderstanding or lack of knowledge of acceptable or desired conduct, policies and procedures, the supervisor may offer an explanation and attempt to resolve the situation without a formal investigation. If you are not satisfied with an explanation of acceptable and desirable conduct, policies or procedures, a formal complaint may be filed and it will be referred to the Office of the Police Chief.

Some types of complaints may be addressed through the Community - Police Alternative Conflict Resolution (ACR) Program process - a voluntary restorative process designed to resolve the complaint through face-to-face conversation with a member of the Davis Police Department. If you are interested in participating in the ACR Pilot Program, please indicate this below. Information regarding the ACR can be found at the front counter of the police department or by visiting the ACR program page.

If you make a formal complaint, it will be thoroughly investigated by an assigned supervisor. The investigation will usually include a review of all applicable reports, examination of any evidence, review of any video or audio footage and interviews with all parties and witnesses. A simple inquiry might take several days to complete, while a complex investigation might take two or three months or more to investigate and review.

The Office of the Police Chief reviews every complaint. If the Police Chief determines that an employee violated department policies or procedures, appropriate corrective action is taken. The Police Chief’s review will also include looking for ways to improve policies, procedures, training, and service.

FINDINGS

You will receive written notification of the findings of any formal complaint. The possible findings are:

  1. Unfounded –The investigation clearly established that the allegation is not true.


  2. Not Sustained –The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.


  3. Sustained –The investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by the preponderance of evidence.


  4. Exonerated –The investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.


  5. Frivolous –Means totally and completely without merit or for the sole purpose of harassing an opposing party.

     

  6. Alternative Conflict Resolution –The complaint is resolved in accordance with the ACR Program.

If the complaint is sustained, meaning there was wrong doing, the Police Chief will determine whether the employee will be disciplined and/or receive additional training. Discipline may include: reprimand, suspension, demotion or termination. State law does not allow the release of the specific action taken against a public safety employee.

Although we cannot guarantee you will be satisfied with the results of the investigation, we do guarantee that your complaint will be investigated thoroughly and fairly.

Our Complaint or Inquiry Policy in located in the department manual section 305.