The Chief of Police is legally mandated to ensure a clear and well-defined procedure for investigating complaints against department personnel.

Employees of this department are carefully selected, highly trained, and uphold a commitment to professionalism. However, as in any organization, deviations from ideal performance may occur. Allegations of misconduct against department personnel are thoroughly and objectively investigated to maintain the department's integrity and public confidence.

California Penal Code § 832.5(a)(1)

Each department or agency in California that employs peace officers is legally required to establish and maintain a procedure for investigating public complaints against their personnel. Additionally, a written description of these procedures must be made available to the public. At the Sierra Madre Police Department, these procedures are outlined in SMPD Policy Section 1010 – Personnel Complaints.

Who Can File a Complaint?

Any person who believes that a Sierra Madre Police Department employee has engaged in misconduct.

How to File a Complaint

Complaints may be filed using any of the following methods:

• In person
• In writing
• By telephone: Call (626) 355-1414
• Online: Citizen Complaint

If you prefer not to file a formal personnel complaint but wish to speak with a supervisor about a department member's conduct, you can contact the on-duty Watch Commander/Supervisor at (626) 355-1414.

Important Note:

Pursuant to California Penal Code § 148.6, complainants are advised:

"IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE."

How Complaints Are Handled:

1. Initial Receipt of Complaint:
   • Typically, the Watch Commander or Field Supervisor will receive and document the complaint.
   • A recorded interview with the complainant will be conducted to fully understand the nature of the complaint and the parties involved.

      

2. Investigation:
   • Based on the complexity of the complaint, the investigation may be handled by the Watch Commander or Field Supervisor.
   • If the complaint requires further examination, it will be forwarded to an investigator for a detailed investigation.

      

3. Resolution and Notification:

• Once the investigation is complete and appropriate action has been taken, the complainant will receive written notification of the results within 30 days, as required by Penal Code § 832.7(f).
• California law prohibits the disclosure of details regarding personnel investigations and disciplinary actions.

Complaint Dispositions

Complaints are classified into the following categories upon resolution:

• Unfounded: Alleged actions did not occur or did not involve department personnel.
• Exonerated: Actions occurred but were justified, lawful, and proper.
• Not Resolved: Insufficient evidence to sustain the complaint or fully exonerate the employee.
• Sustained: Actions were found to violate laws or department policies.
• Insufficient Evidence to Adjudicate: Insufficient evidence prevents resolution or adjudication.
• Policy/Procedure Issue: Complaint pertains to department policies or procedures, not personnel misconduct.
• Non-Disciplinary Alternative Inquiry Resolution: No misconduct was found; the matter was resolved through education or counseling.
• Non-Disciplinary, No Misconduct: Actions were lawful and consistent with department policy.
• Demonstrably False: The alleged actions did not occur.

Retention of Complaint Records

In compliance with Penal Code § 832.5:

• Personnel complaints must be retained for at least 5 years.

CLOSING STATEMENT

The Sierra Madre Police Department is committed to maintaining professionalism, accountability, and public trust. We provide a clear and accessible process for members of the public to file complaints regarding employee misconduct. Complaints are thoroughly and objectively investigated to ensure fairness and uphold the department's integrity.

Through this process, we strive to address concerns, provide resolutions, and comply with California state law, which mandates transparency and proper retention of complaint records. Our goal is to foster trust and confidence between the department and the community we proudly serve.