Personnel Conduct Reporting Procedure

The Riverside Police Department is open to review and is strictly accountable for its conduct.  Police employees are expected to maintain themselves in a manner consistent with a standard of professionalism necessary to ensure safety in the community.

We Expressly recognize the right of all residents, in good faith, to report a police employee's misconduct.  All persons filing a complaint against any police employee shall be free from constraint, coercion, reprisal or discrimination.  The most effective way to develop the mutual respect, trust and confidence needed between the community and its police force is to encourage open communication.

The purpose of the complaint policy is to establish a sound procedure to investigate complaints of poor service or misconduct against members of the Department.  The investigation must be thorough and impartial in order to protect the rights of the employee and maintain the Department's high level of integrity and efficiency.  Proper use of this procedure should allow for the identification of facts, clarification of issues, and identification of procedural deficiencies.  The procedure should also safeguard the rights of the employee.

 

The Complaint Process

Step One:   NOTICE

You are welcome to come to any of the following locations to fill out a complaint form:

Downtown Police Station
4102 Orange St.   Riverside, California,  92501

Lincoln Street Police Station
8181 Lincoln Ave.    Riverside, California,  92504

Office of Internal Affairs
3400 Central Ave. Suite #205   Riverside, California,  92506
(951) 715-3501

Any Riverside Police Department Neighborhood substation

Community Review Police Commission
City Hall,  3900 Main St.  5th Floor   Riverside, California,  92501    (951) 826-5509

Step Two:  COMPLAINT FORM

The Department has developed a form to be used for the complaint procedure.  You may complete the form yourself or a supervisor may complete it on your behalf.  Once the complaint is accepted, the blue copy of the complaint form will be given to you.  After a written complaint has been accepted, it becomes a recorded document and part of the investigation.

 

The Investigation Process

Step Three:  TYPES OF INVESTIGATIONS

Based on the information provided in the complaint, a supervisor can determine if the investigation required is criminal or administrative.  The supervisor will forward the information to the Internal Affiars Unit where the complaint will be reviewed and assigned to the appropriate Division Commander.

1.  In the event the complaint alleges criminal activity, the matter will be investigated by the Criminal Investigations Bureau.

2.  If the complaint appears to be personnel misconduct, the matter will be investigated administratively within the assigned division.

Step Four:  FINDINGS

Unfounded The alleged act did not occur.
Exonerated The alleged act occurred but was justified, legal and proper.
Not Sustained The investigation produced insufficient information to prove or disprove the allegation.
Sustained The employee committed all or part of the alleged acts of misconduct or poor service.
Inquiry If during the investigation, it is determined that a citizen is merely requesting clarification of a policy or procedure, that complaint, with the concurrence of the investigating supervisor's commanding officer, may be considered an Inquiry.

 

The Disposition

Step 5:    NOTIFICATION OF PARTIES

Internal Affairs will notify, in writing, the complainant within thirty (30) days of the disposition of the complaint.  However, if the complaint is sustained, California law prohibits the Police Department from releasing the type of discipline taken against the employee.  In addition, if the complaint is sustained for criminal activities, the police employee would be subject to criminal proceedings.

 

Related Matters

Impact of the Complaint on the Underlying Matter

Arrests or traffic citations which occurred are legal proceedings which remain separate from the police misconduct complaint.

Age Limitations

All complaints will be accepted without age discrimination.  In any case where a minor is the complainant, care will be taken to insure the minor is not too young to understand the complaint process, in which case parental guidance may be useful.

Citizenship

Non-citizens also have the right to file complaints.  If the complainant does not speak English and does not have an interpreter, the Department will attempt to assist in completing the complaint form.

False Complaint

A complainant should be aware that a peace officer, under provisions of 47.5 of the California Civil Code, may bring civil action against an individual who knowingly makes a false personnel complaint.

In 1996, the California legislature added section 148.6 to the Penal Code.  That section makes it a misdemeanor for a person to file an allegation of misconduct against a peace officer if the person knows that the report is false.  In addition, the law enforcement agency who accepts an allegation of misconduct against a police officer shall require the complainant to read and sign the following advisory statement:

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 RELATING 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.

Other

If the complainant does not agree with the finding regarding a criminal allegation, the complainant may contact the Riverside County District Attorney's Office which is responsible for investigating criminal proceedings within the City of Riverside.