Sm
Francisco
Police
Department
2.05
GENERAL
ORDER
07120194
CITIZEN
COMPLAINTS
AGAINST
NON-SWORN
MEMBERS
This
order outlines the
policies
regarding
citizen
complaints
against non-sworn
members,
and
the investigative duties of the
senior-ranking
officer.
I.
POLICY
A.
It
is
the policy of
the
San
Francisco Police Department
to
encourage
citizens
to
bring
forward grievances regarding inadequate service or misconduct by
its
nonaworn
members.
The Management Control Division
(MCD)
shall
be
responsible for investigating these complaints, and
all
members
shall
fully
cooperate
with
the investigation.
B.
Members of the
Department
shall
receive
citizen
complaints
against non-
sworn
members,
whether
received by letterf telephone or
in
person
and
refer
the
matter
to
the
senior-ranking officer on duty
in
the
station,
division,
section or
unit
where the complaint
is
received. The senior-ranking
officer
on
duty
shall
be personally
responsible
for
the
conduct of
the
investigation
until
relieved
as
specified
in
this
order.
A.
DUTIES
OF
THE
SENIOR-RANKING
OFTICEEL
If
you receive
a citizen's
complaint
against
a
non-sworn
member
personally, or
a
complaint
is
referred
to you, follow
these
procedures:
1.
EVALUATION.
Evaluate
the seriousness of
the
allegation
and
determine
whether
an
immediate
investigation
is
required
(see
Section
B.).
2
FORM
PREPARATION.
Prepare Management Control
Division
Case
fonn
(SFPD
83)
and
forward
it
in a
sealed
envelope to the
Management
Control
Division
before reporting
off duty.
DGO
2.05
07/20/94
.
.-
B.
IMMEDIATE
INVESTIGATIONS/
DUTIES
OF
SENIOR-RANKING
OFFICER
1.
WHEN.
You must conduct
an
immediate investigation
if
a delay imposed
by
assigning the complaint to
MCD
will
jeopardize the investigation or
public
safety.
The
following are
examples
of
situations
requiring
an
immediate investigation
and
report:
a
The member
is
still on duty.
b
The
complainant
alleges
unfitness and the member
is
still on duty.
c
Witness may not be available later.
d.
The allegation constitutes
aiminal
conduct and
the
mmber
is
either
on
or
off duty.
2
NOTIFICATION.
If
an
immediate investigation
is
required, but
the
member
is
not
assigned
to
your unit, notify the senior-ranking officer on duty at
the
member's
unit.
If
the
unit
is
closed,
contact
the commanding officer
of
the
unit through the Operations Center.
In
either
case,
the senior-ranking
officer on duty or
the
commanding officer of
the
member's unit
will
--
assume responsibility for the immediate investigation, report
and
completion
of
SFPD
83.
3.
MW
NCYIWICATION.
If
the
citizen
requests that the
immediate
investigation
not
be
done
by
the
member's
unit, notify
the
duty
MCD
investigator by
contacting
the Management Control Division or
the
Operations
Center
after
bhess
hours.
The
MCD
investigator
will
assume responsibility for
the
investigation.
DGO
2.05
07/20/94
C
IMMEDIATE
INVESTIGATION REPORT/
DUTIES
OF
SENIOR-RANKING
OFFICER
1.
REPORT.
When
an
immediate investigation is
requiredJ prepare
the
report
on a memorandum addressed to your commanding officer
(if
applicable).
The report
must
contain information you
can
reasonably obtain before
reporting off
duty.
The
following are examples:
a.
Full
identification of
all
witnesses.
b.
Summary
statement from
all
witnesses.
c
Preliminary findings
and
recommendations.
2.
ROUTING.
The report must
be
directed
to
your
coznmanding
officer
(if
applicable) for review before it
is
forwarded to the Management Control
Division.
Indicate
on
SJ?D
83
that
the
report was made.
D.
PROCESSING
CO~
1.
ASSIGNING
COMPLAINTS.
Complaints received directly at the
Management
Control Division or received on
SFPD
83
will
be
assigned a
file
number.
These
complaints may
be
assigned
to
a
MCD
investigator or
to
the
member's
commanding officer for formal investigation.
2
C.O.
INW!XIGATIONS.
If
the amplaint
is
referred
to the member's
commanding
officer,
the
commanding officer shall complete the formal
investigation and return it to
the
Management
Control Division
within
21
days*
E.
FORMAL
INVESTIGATION
REPORT
1.
FORMAT.
The
results of a formal investigation must
be
prepared on
.
Department memorandum addressed to the
Chief
of
Police and
written
in
the following format:
a. Page
1:
Include the member's
name,
assignment,
nature
of complaint,
MCD
case
number,
date,
time
and
place
of
occurrence, and
investigative steps
taken.
DGO
2.05
07/20/94
b.
Page
2
Conclusion
with
a narrative of the facts supporting it.
c
Page
3:
Recommendations.
d.
Page
4:
Brief chronology of your investigation; who was
interviewed,
and
any
evidence that aided
in
the investigation.
e. Page
5:
Statements of those interviewed.
f.
Page
6:
Attachments
and
documents.
g. Page
7:
Involved parties.
2
CONCLUSIONS.
Each
formal investigation must contain one of
the
following conclusions:
a. Improper Conduct: The investigation disclosed enough evidence
to clearly prove
the
allegation of misconduct.
b.
Insufficient Evidence: The investigation failed
to
reveal
and
-
document enough
evidence
to
clearly
prove
-
or disprove
the
allegation.
c
Proper Conduct:
The
act or event alleged
did
&
but
was
justifiable. lawful
and
oonsistent
with
Department
policy
and procedure.
d
Policy Failure: The ad or
event
alleged
did
occur
but
was
justified,
lawful
and
consistent
wit!-
Department
policy
or procedures; hirwever,
those
policies
and
procedures
were
unconstitutional,
illegal
or
deficient.
e.
Unfounded:
The investigation conclusively proves the
alleged incident
did
not occur or
the
member
named in the complaint was not involved.
DGO
2.05
07/20/94
3.
RECOMMENDATIONS.
The following recommendations shall
be
made
(recommendations
a.
through
e. are
not
considered punitive action):
a.
The
case
be
closed
and filed.
b.
The member
be
counseled.
c
The member
be
trained
or retrained.
d
Policy or procedures
be
changed.
e. The
member
be
verbally admonished.
f.
The
member
be
given a
written
reprimand.
g.
The member
be
given
a
Chief's
disciplinary suspension (do not
specify
the
number of days).
h.
The
matter
be
referred
to
the
Chief
for
further
disciplinary action, such
as
a termination hearing.
'i.
Criminal
charges
be
filed.
F.
CITIZEN
NOTIFICATION.
After the completion of each formal
investigation, the Commanding Officer of
the
Management Control Division
will
ensure that the complainant and the
member
both
receive a letter
containing
the
final
disposition of the case.
G.
COMPLAINTS
BY
OTHER
MEMBERS.
When
any
member
of
the
Department
makes
a
complaint
against
a non-sworn
member,
he/she shall
prepare the complaint on
a
memorandum (not
SFPD
83)
addressed to
his/her
commanding
officer.
