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Citizen Complaint Procedure
THE IMPORTANCE OF YOUR COMPLAINT
The complaint process is designed to deal with each case factually and
fairly. Citizens who file complaints are treated respectfully and the
accusations against the employee are taken seriously. All complaints are
investigated thoroughly and all findings are based upon the impartial evidence
gained during the investigation.
A disagreement over the validity of a traffic citation is not a complaint.
Such disagreements should be directed to the proper court having jurisdiction in
the matter. A complaint about jail procedures should be submitted to the
jail administration via appropriate channels.
However, if it is determined that a complainant has knowingly made a false
accusation against an employee, the employee has the right to seek criminal
charges, as well as civil
litigation, against their accuser.
For more information regarding the Alameda County Sheriff’s Office citizen
complaint process, or to ask about the status of your complaint, please call the
Alameda County Sheriff’s Office, Internal Affairs Section, Monday through
Friday, between 8 a.m. and 5 p.m., at 208-9800. You
may also write to us at:
Alameda County Sheriff’s Office Internal
Affairs Section 1401 Lakeside Drive, 7th Floor Oakland, California, 94612
PROCEDURE
The Alameda County Sheriff’s Office welcomes valid complaints about its
service or personnel. Your constructive comments provide an open channel of
communication between the Sheriff’s Office and the community, which enables us
to maintain the highest possible standards. Citizen's complaints also provide a basis for a
thorough and impartial investigative procedure to protect employees who perform
their duties properly.
If your complaint involves a deputy or any other Agency employee, you’ll be asked
his/her name, badge number, and car number as appropriate. If you do not have
this information, just explain what occurred giving the date, time, and location
of the incident.
There are three ways you can submit a complaint to the Alameda County
Sheriff’s Office:
- Submit your complaint in person at any Sheriff’s duty station within the
County.
- Telephone the Alameda County Sheriff's
Office Internal Affairs office at
(510) 208-9800.
- Mail a letter describing your complaint to
the following location:
Alameda County Sheriff’s Office
Internal Affairs Section 1401 Lakeside Drive, 7th Floor Oakland, California,
94612
Personnel complaints (day)
(510) 208-9800
Personnel Complaints (night)
(510) 667-7721
Emergency/Hearing Impaired
(510) 667-7721
THE INVESTIGATION
Once a complaint is received, it will be screened by the accepting supervisor
for accuracy and content. The supervisor may interview you at that time, or
schedule another time so a complete report of the incident can be made.
During the interview, the following things may be requested of you:
- You may be recorded or videotaped.
- You will be asked for names of witnesses and other employees that may
know facts about your complaint.
- Photographs may be taken of any injuries you think are related to your
complaint.
Sometimes during the initial interview, the supervisor may be able to explain
the employee’s actions to your satisfaction. However, if this does not occur,
the complaint will then be given a case number and assigned to an investigator
for a detailed investigation.
When completed, the investigation will be viewed
by the Sheriff who will determine the ultimate disposition of the matter.
You will then be sent a letter with one of the
following dispositions:
- Unfounded
- Not Sustained
- Sustained-Justified
- Sustained
DISPOSITION
Any complaint can be made anonymously, without giving your name; however, you
cannot be informed as to the result of your complaint if you choose to remain
anonymous. If you make your identity known, you will be advised of the
disposition of each complaint.
After a thorough investigation, your complaint will be classified with one of
the following dispositions:
- Unfounded: The allegation has no basis of fact or has been
disproved through the investigation.
- Not Sustained:
The allegation can neither be proved nor disproved
and no further action is to be considered.
- Sustained Justified: The alleged act or failure to act is found to
be true; however, such act or failure to act is permitted, or at least not
prohibited, by this Office or was appropriate under the circumstances in this
case.
- Sustained: When the investigation discloses that the act reported
did occur and constituted misconduct or improper job performance.
PENAL CODE 148.6
Filing false allegation of misconduct against peace officer;
Misdemeanor.
(a) Every person who files any allegation of misconduct against any peace
officer, knowing the report to be false, is guilty of a misdemeanor.
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; 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
RELATED TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST 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.
CALIFORNIA CIVIL
CODE, Section 47.5
Defamation Action by Peace Officer
Notwithstanding Section
47, a peace officer may bring an action for defamation against an
individual who has filed a complaint with that officer's employing
agency alleging misconduct, criminal conduct, or incompetence, if
that complaint is false, the complaint was made with knowledge that
it was false and that it was made with spite, hatred or ill will.
Knowledge that the complaint was false may be proved by showing that
the complainant had no reasonable grounds to believe the statement
was true and that the complainant exhibited a reckless disregard for
ascertaining the truth. |
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