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Police

File a Complaint - Frequently Asked Questions

How do I file a complaint?

Please visit the File a Complaint page.

You can also submit your complaint to:

How will my complaint be investigated?

Your case will be assigned to an investigating supervisor. They will talk to you about your complaint and explain the process. You have the option of an Informal or Formal complaint resolution.

A Formal investigation will be classified as either a Category-I or a Category-II complaint based on the nature of the allegation. During a Formal investigation, you, the officer, and all witnesses will be interviewed. All physical evidence will also be examined. For all Category-I complaints, the complete investigation will be reviewed by Commission on Police Practices (CPP).

In Informal investigations, the supervisor will conduct a preliminary investigation, address your concerns directly with the officer, and document the incident with a memorandum in the case file. All records will be retained in the Internal Affairs Unit for five years. No further investigation will take place unless the employee’s Commanding Officer determines an additional investigation is warranted.

How long will the investigation take?

California Government Code section 3304(d)(1) mandates that investigations of alleged misconduct by public safety officers must be completed within one year of the agency's discovery of the misconduct.

Exceptions:

  • (d) The public agency shall not be required to impose the discipline within that one-year period.
  • (2) (A) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.
  • (B) If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.
  • (C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.
  • (D) If the investigation involves more than one employee and requires a reasonable extension.
  • (E) If the investigation involves an employee who is incapacitated or otherwise unavailable.
  • (F) If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.
  • (G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution.
  • (H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer.

Will I be told the results of the complaint?

Yes. For Formal complaints, both SDPD and the CPP will send you a letter with the results at the completion of their respective investigation and review. Each allegation will be assigned one of four possible findings. In the CPP’s review, each allegation will be reviewed and the CPP will either agree or disagree with SDPD’s conclusion.

The four possible conclusions are:

  • Sustained: All or part of the act occurred.
  • Not Sustained: There was not enough evidence to clearly prove or disprove the allegation.
  • Unfounded: The act did not occur.
  • Exonerated: The act occurred, but was justified, legal and proper.

What will happen to the officer?

If the officer’s actions were improper, they will be subject to discipline. However, the law (832.7 P.C.) prohibits telling you what specific disciplinary action was taken against the officer(s).