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HomeMy WebLinkAboutPolice Advisory & Accountability Committee 2024-03-20 Agenda Packet
POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE
WEDNESDAY, MARCH 20, 2024 AT 6:00 PM
In-Person:
San Rafael City Council Chambers
1400 Fifth Ave, San Rafael, California
Virtual:
Watch Online: https://tinyurl.com/PAAC-2024-03-20
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
AGENDA
How to participate in the meeting:
• You are welcome to provide comments in-person at the meeting. Each speaker will have 2-
minutes to provide public comment.
• Submit your comments by email to PAAC@cityofsanrafael.org by 4:00 p.m. the day of the
meeting.
CALL TO ORDER – 6:00PM
MINUTES
1. Approve regular meeting minutes from the meeting of February 21, 2024.
SPECIAL PRESENTATIONS
2. Special Presentations
a. Public Safety Officers Procedural Bill of Rights. Mark Wilson, Attorney for Burke,
Williams & Sorensen, LLP
b. Internal Affairs. Lieutenant Todd Berringer, San Rafael Police Department.
OTHER AGENDA ITEMS
If necessary to ensure completion of the following items, the Chairperson may establish time
limits for the presentations by individual speakers.
3. Other Agenda Items:
a. Provide feedback on the San Rafael Police Department’s Recruitment and Selection Plan.
Recommendation: Provide feedback
STAFF LIAISON REPORT
4. Other brief program updates or reports on any meetings, conferences, and/or seminars
attended by staff.
2
COMMITTEE REPORTS
5. Other brief reports on any meetings, conferences, and/or seminars attended by the
Committee members.
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the Police Advisory and Accountability Committee at this
time on matters not on the agenda that are within its jurisdiction. Comments may be no
longer than 2 minutes and should be respectful to the community.
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Board less than 72 hours before the meeting, shall be available for
inspection online and in the city hall large conference room, third floor, 1400 5th Avenue, San Rafael, California placed with other agenda-
related materials on the table in front of the location prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-
3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours
in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation,
please submit an online form at https://www.cityofsanrafael.org/request-for- interpretation/.
POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE (PAAC)
WEDNESDAY, FEBRUARY, 21 2024 AT 6:00 PM
In-Person:
San Rafael Public Safety Center
1375 Fifth Ave, San Rafael, California
Virtual:
Watch Online:
http://tinyurl.com/PAAC-2024-02-21
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
MINUTES
CALL TO ORDER
Chairperson Paula Kamena called the meeting to order at 6:01 PM.
ROLL CALL
Present:
Member Daniel Alm
Member Marilyn Alvarez
Chair Paula Kamena
Member Mydung Nguyen (Arrived at 6:02pm)
Member Darlin Ruiz (Arrived at 6:36pm)
Vice Chair Fatai Tokolahi
Member Salamah Locks
Alternate Member Karla Valdez
Absent: Member Daryoush Davidi
*Member Locks was a voting member for this meeting due to Member Davidi’s absence.
Also Present: Angela Robinson Piñon, Assistant City Manager
David Spiller, Chief of Police, San Rafael Police Department
Scott Eberle, Lieutenant, San Rafael Police Department
Lieutenant Scott Eberle informed the community that the in-person meeting would also be recorded and
streamed live to YouTube and through Zoom. He noted the two-minute timer for public comment and closed
Page 2 of 3
captioning on Zoom.
1. MINUTES
Chair Kamena invited public comment.
Speakers: Name withheld
Member Tokolahi moved, and Member Alm seconded to approve the minutes from the January 17th
meeting as presented.
Members and staff provided comments.
AYES: MEMBERS: Alm, Nguyen, Ruiz, Alvarez, Tokolahi & Chair Kamena
NOES: MEMBERS: Locks
ABSENT MEMBERS: Davidi
The motion carried 6-1.
SPECIAL PRESENTATION
2. Special Introductions:
a. Police Department Orientation, Structure, Policy & Command Staff Introduction
Chairperson Paula Kamena introduced the item.
The Chief of Police, David Spiller presented the Staff Report and introduced members of the Police
Department Command Staff Captain Glen McElderry, Captain Roy Leon, Lieutenant Scott Eberle,
Lieutenant Todd Berringer, Lieutenant Carl Huber, and Lieutenant Alex Holm
Staff responded to the Committee’s questions.
Chairperson Kamena invited public comment.
Speakers: Steven Bingham, Heidi, Hanya
The Committee provided comments.
OTHER AGENDA ITEMS
3. Other Agena Items:
a. San Rafael Police Department Recruitment and Selection
Recommendation: Receive the report
Chairperson Kamena introduced the item.
Sergeant Rhonda Cordero presented the Staff Report.
Staff responded to questions from the Committee.
Chairperson Kamena invited public comment.
Speakers: Steven Bingham, Heidi, Name withheld
The Committee provided comments.
Page 3 of 3
Member Locks moved, and Vice Chair Tokolahi seconded to accept the report on Recruitment and
Selection.
AYES: MEMBERS: Alm, Kamena, Nguyen, Ruiz, Alvarez, Locks and Tokolahi
NOES: MEMBERS: None
ABSENT MEMBERS: Davidi
STAFF LIAISON REPORT
3. Staff Liaison Report: - None.
COMMISSIONER REPORTS
4. Commissioner Reports:
• Alternate Member Valdez attended the King Tides event in San Rafael
• Member Ruiz commented on how to file a complaint.
• Member Tokolahi reported on his recruitment efforts for San Rafael Police Department at his
sporting events.
• Member Alm met with members of the Canal Neighborhood and heard concerns from the
neighborhood.
• Member Locks commented on the process for bringing “New Business” to the Committee
agenda.
Chair Kamena reported on her attendance at the Steering Committee for the Marin Coalition to End Human
Trafficking.
OPEN TIME FOR PUBLIC EXPRESSION
Chairperson Kamena invited members of the public to give comments regarding items not listed on the agenda.
Heidi addressed the Committee regarding police accountability and trust with regard to the
appointment of a previous chief law enforcement officer as chair and commented on the diversity of
the Committee.
ADJOURNMENT
Chairperson Kamena adjourned the meeting at 8:34 PM.
___________________________
SCOTT EBERLE, Staff Liaison
APPROVED THIS _____ DAY OF _______2024
Public Safety Officers Procedural Bill of Rights Act
Government Code Sections 3300-3312
3300 – TITLE
This chapter is known and may be cited as the Public Safety Officers Procedural Bill
of Rights Act.
3301 – DEFINITION; LEGISLATIVE FINDINGS AND DECLARATION
For purposes of this chapter, the term public safety officer means all peace officers
specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision
(e), 830.34, 830.35, except subdivision ©, 830.36, 830.37, 830.38, 830.4, and 830.5 of
the Penal Code.
The Legislature hereby finds and declares that the rights and protections provided
to peace officers under this chapter constitute a matter of statewide concern. The
Legislature further finds and declares that effective law enforcement depends
upon the maintenance of stable employer-employee relations, between public
safety employees and their employers. In order to assure that stable relations are
continued throughout the state and to further assure that effective services are
provided to all people of the state, it is necessary that this chapter be applicable to
all public safety officers, as defined in this section, wherever situated within the
State of California.
3302 – POLITICAL ACTIVITY: MEMBERSHIP ON SCHOOL BOARD
(a) Except as otherwise provided by law, or whenever on duty or in uniform, no
public safety officer shall be prohibited from engaging, or be coerced or required to
engage, in political activity.
(b) No public safety officer shall be prohibited from seeking election to, or serving
as a member of, the governing board of a school district.
3303 – INVESTIGATIONS INTERROGATIONS; CONDUCT;
CONDITIONS; REPRESENTATION; REASSIGNMENT
When any public safety officer is under investigation and subjected to interrogation
by his or her commanding officer, or any other member of the employing public
safety department, that could lead to punitive action, the interrogation shall be
conducted under the following conditions. For the purpose of this chapter,
punitive action means any action that may lead to dismissal, demotion,
suspension, reduction in salary, written reprimand, or transfer for purposes of
punishment.
(a) The interrogation shall be conducted at a reasonable hour, preferably at a time
when the public safety officer is on duty, or during the normal waking hours for the
public safety officer, unless the seriousness of the investigation requires otherwise.
If the interrogation does occur during off-duty time of the public safety officer
being interrogated, the public safety officer shall be compensated for any off-duty
time in accordance with regular department procedures, and the public safety
officer shall not be released from employment for any work missed.
(b) The public safety officer under investigation shall be informed prior to the
interrogation of the rank, name, and command of the officer in charge of the
interrogation, the interrogating officers, and all other persons to be present during
the interrogation. All questions directed to the public safety officer under
interrogation shall be asked by and through no more than two interrogators at one
time.
(c) The public safety officer under investigation shall be informed of the nature of
the investigation prior to any interrogation.
(d) The interrogating session shall be for a reasonable period taking into
consideration gravity and complexity of the issue being investigated. The person
under interrogation shall be allowed to attend to his or her own personal physical
necessities.
(e) The public safety officer under interrogation shall not be subjected to offensive
language or threatened with punitive action, except that an officer refusing to
respond to questions or submit to interrogations shall be informed that failure to
answer questions directly related to the investigation or interrogation may result in
punitive action. No promise of reward shall be made as an inducement to
answering any question. The employer shall not cause the public safety officer
under interrogation to be subjected to visits by the press or news media without
his or her express consent nor shall his or her home address or photograph be
given to the press or news media without his or her express consent.
(f) No statement made during interrogation by a public safety officer under duress,
coercion, or threat of punitive action shall be admissible in any subsequent civil
proceeding. This subdivision is subject to the following qualifications:
(1) This subdivision shall not limit the use of statements made by a public safety
officer when the employing public safety department is seeking civil sanctions
against any public safety officer, including disciplinary action brought under
Section 19572.
(2) This subdivision shall not prevent the admissibility of statements made by the
public safety officer under interrogation in any civil action, including
administrative actions, brought by that public safety officer, or that officer’s
exclusive representative, arising out of a disciplinary action.
(3) This subdivision shall not prevent statements made by a public safety officer
under interrogation from being used to impeach the testimony of that officer after
an in camera review to determine whether the statements serve to impeach the
testimony of the officer.
(4) This subdivision shall not otherwise prevent the admissibility of statements
made by a public safety officer under interrogation if that officer subsequently is
deceased.
(g) The complete interrogation of a public safety officer may be recorded. If a tape
recording is made of the interrogation, the public safety officer shall have access to
the tape if any further proceedings are contemplated or prior to any further
interrogation at a subsequent time. The public safety officer shall be entitled to a
transcribed copy of any notes made by a stenographer or to any reports or
complaints made by investigators or other persons, except those which are
deemed by the investigating agency to be confidential. No notes or reports that are
deemed to be confidential may be entered in the officer’s personnel file. The public
safety officer being interrogated shall have the right to bring his or her own
recording device and record any and all aspects of the interrogation.
(h) If prior to or during the interrogation of a public safety officer it is deemed that
he or she may be charged with a criminal offense, he or she shall be immediately
informed of his or her constitutional rights.
(i) Upon the filing of a formal written statement of charges, or whenever an
interrogation focuses on matters that are likely to result in punitive action against
any public safety officer, that officer, at his or her request, shall have the right to be
represented by a representative of his or her choice who may be present at all
times during the interrogation. The representative shall not be a person subject to
the same investigation. The representative shall not be required to disclose, nor be
subject to any punitive action for refusing to disclose, any information received
from the officer under investigation for noncriminal matters.
This section shall not apply to any interrogation of a public safety officer in the
normal course of duty, counseling, instruction, or informal verbal admonishment
by, or other routine or unplanned contact with, a supervisor or any other public
safety officer, nor shall this section apply to an investigation concerned solely and
directly with alleged criminal activities.
(j) No public safety officer shall be loaned or temporarily reassigned to a location or
duty assignment if a sworn member of his or her department would not normally
be sent to that location or would not normally be given that duty assignment under
similar circumstances.
3304 – LAWFUL EXERCISE OF RIGHTS; INSUBORDINATION;
ADMINISTRATIVE APPEAL
(a) No public safety officer shall be subjected to punitive action, or denied
promotion, or be threatened with any such treatment, because of the lawful
exercise of the rights granted under this chapter, or the exercise of any rights under
any existing administrative grievance procedure. Nothing in this section shall
preclude a head of an agency from ordering a public safety officer to cooperate
with other agencies involved in criminal investigations. If an officer fails to comply
with such an order, the agency may officially charge him or her with
insubordination.
(b) No punitive action, nor denial of promotion on grounds other than merit, shall
be undertaken by any public agency against any public safety officer who has
successfully completed the probationary period that may be required by his or her
employing agency without providing the public safety officer with an opportunity
for administrative appeal.
(c) No chief of police may be removed by a public agency, or appointing authority,
without providing the chief of police with written notice and the reason or reasons
therefore and an opportunity for administrative appeal. For purposes of this
subdivision, the removal of a chief of police by a public agency or appointing
authority, for the purpose of implementing the goals or policies, or both, of the
public agency or appointing authority, for reasons including, but not limited to,
incompatibility of management styles or as a result of a change in administration,
shall be sufficient to constitute “reason or reasons.” Nothing in this subdivision
shall be construed to create a property interest, where one does not exist by rule or
law, in the job of Chief of Police.
(d) Except as provided in this subdivision and subdivision (g), no punitive action,
nor denial of promotion on grounds other than merit, shall be undertaken for any
act, omission, or other allegation of misconduct if the investigation of the
allegation is not completed within one year of the public agency’s discovery by a
person authorized to initiate an investigation of the allegation of an act, omission,
or other misconduct. This one-year limitation period shall apply only if the act,
omission, or other misconduct occurred on or after January 1, 1998. In the event
that the public agency determines that discipline may be taken, it shall complete
its investigation and notify the public safety officer of its proposed disciplinary
action within that year, except in any of the following circumstances:
(1) 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.
(2) 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.
(3) If the investigation is a multijurisdictional investigation that requires a
reasonable extension for coordination of the involved agencies.
(4) If the investigation involves more than one employee and requires a reasonable
extension.
(5) If the investigation involves an employee who is incapacitated or otherwise
unavailable.
(6) 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.
(7) 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.
(8) If the investigation involves an allegation of workers’ compensation fraud on
the part of the public safety officer.
(e) Where a predisciplinary response or grievance procedure is required or utilized,
the time for this response or procedure shall not be governed or limited by this
chapter.
(f) If, after investigation and any predisciplinary response or procedure, the public
agency decides to impose discipline, the public agency shall notify the public
safety officer in writing of its decision to impose discipline, including the date that
the discipline will be imposed, within 30 days of its decision, except if the public
safety officer is unavailable for discipline.
(g) Notwithstanding the one-year time period specified in subdivision (c), an
investigation may be reopened against a public safety officer if both of the
following circumstances exist:
(1) Significant new evidence has been discovered that is likely to affect the
outcome of the investigation.
(2) One of the following conditions exist:
(A) The evidence could not reasonably have been discovered in the normal course
of investigation without resorting to extraordinary measures by the agency.
(B) The evidence resulted from the public safety officer’s predisciplinary response
or procedure.
(h) For those members listed in subdivision (a) of Section 830.2 of the Penal Code,
the 30-day time period provided for in subdivision (e) shall not commence with the
service of a preliminary notice of adverse action, should the public agency elect to
provide the public safety officer with such a notice.
3304.5 – ADMINISTRATIVE APPEAL
An administrative appeal instituted by a public safety officer under this chapter
shall be conducted in conformance with rules and procedures adopted by the local
public agency.
3305 – COMMENTS ADVERSE TO INTEREST; PERSONNEL FILES;
OPPORTUNITY TO READ AND SIGN; REFUSAL TO SIGN
No public safety officer shall have any comment adverse to his interest entered in
his personnel file, or any other file used for any personnel purposes by his
employer, without the public safety officer having first read and signed the
instrument containing the adverse comment indicating he is aware of such
comment, except that such entry may be made if after reading such instrument the
public safety officer refuses to sign it. Should a public safety officer refuse to sign,
that fact shall be noted on that document, and signedor initialed by such officer.
3306 – RESPONSE TO ADVERSE COMMENT IN PERSONNEL FILE;
TIME
A public safety officer shall have 30 days within which to file a written response to
any adverse comment entered in his personnel file. Such written response shall be
attached to, and shall accompany, the adverse comment.
3306.5 – INSPECTION OF PERSONNEL FILES; REQUEST FOR
CORRECTION OF FILE; TIME
(a) Every employer shall, at reasonable times and at reasonable intervals, upon the
request of a public safety officer, during usual business hours, with no loss of
compensation to the officer, permit that officer to inspect personnel files that are
used or have been used to determine that officer’s qualifications for employment,
promotion, additional compensation, or termination or other disciplinary action.
(b) Each employer shall keep each public safety officer’s personnel file or a true
and correct copy thereof , and shall make the file or copy thereof available within a
reasonable period of time after a request therefore by the officer.
(c) If, after examination of the officer’s personnel file, the officer believes that any
portion of the material is mistakenly or unlawfully placed in the file, the officer may
request, in writing, that the mistaken or unlawful portion be corrected or deleted.
Any request made pursuant to this subdivision shall include a statement by the
officer describing the corrections or deletions from the personnel file requested
and the reasons supporting those corrections or deletions. A statement submitted
pursuant to this subdivision shall become part of the personnel file of the officer.
(d) Within 30 calendar days of receipt of a request made pursuant to subdivision
(c), the employer shall either grant the officer’s request or notify the officer of the
decision to refuse to grant the request. If the employer refuses to grant the request,
in whole or in part, the employer shall state in writing the reasons for refusing the
request, and that written statement shall become part of the personnel file of the
officer.
3307 – POLYGRAPH EXAMINATION; RIGHT TO REFUSE; EFFECT
(a) No public safety officer shall be compelled to submit to a lie detector test
against his or her will. No disciplinary action or other recrimination shall be taken
against a public safety officer refusing to submit to a lie detector test, nor shall any
comment be
entered anywhere in the investigator’s notes or anywhere else that the public
safety officer refused to take, or did not take, a lie detector test, nor shall any
testimony or evidence be admissible at a subsequent hearing, trial, or proceeding,
judicial or administrative, to the effect that the public safety officer refused to take,
or was subjected to, a lie detector test.
(b) For the purpose of this section, “lie detector” means a polygraph,
deceptograph, voice stress analyzer, psychological stress evaluator, or any other
similar device, whether mechanical or electrical, that is used, or the results of
which are used, for the purpose of rendering a diagnostic opinion regarding the
honesty or dishonesty of an individual.
3307.5 – USE OF PHOTOGRAPH; PENALTIES
(a) No public safety officer shall be required as a condition of employment by his or
her employing public safety department or other public agency to consent to the
use of his or her photograph or identity as a public safety officer on the Internet for
any purpose if that officer reasonably believes that the disclosure may result in a
threat, harassment, intimidation, or harm to that officer or his or her family.
(b) Based upon his or her reasonable belief that the disclosure of his or her
photograph or identity as a public safety officer on the Internet as described in
subdivision (a) may result in a threat, harassment, intimidation, or harm, the officer
may notify the department or other public agency to cease and desist from that
disclosure. After the notification to cease and desist, the officer, a district attorney,
or a United States Attorney may seek an injunction prohibiting any official or
unofficial use by the department or other public agency on the Internet of his or
her photograph or identity as a public safety officer. The court may impose a civil
penalty in an amount not to exceed five hundred dollars ($500) per day
commencing two working days after the date of receipt of the notification to cease
and desist.
3308 – FINANCIAL DISCLOSURE; RIGHT TO REFUSE; EXCEPTIONS
No public safety officer shall be required or requested for purposes of job
assignment or other personnel action to disclose any item of his property, income,
assets, source of income, debts or personal or domestic expenditures (including
those of any member of his family or household) unless such information is
obtained or required under state law or proper legal procedure, tends to indicate a
conflict of interest with respect to the performance of his official duties, or is
necessary for the employing agency to ascertain the desirability of assigning the
public safety officer to a specialized unit in which there is a strong possibility that
bribes or other improper inducements may be offered.
3309 – SEARCH OF LOCKER OR STORAGE SPACE; CONSENT;
SEARCH WARRANT
No public safety officer shall have his locker, or other space for storage that may be
assigned to him searched except in his presence, or with his consent, or unless a
valid search warrant has been obtained or where he has been notified that a search
will be conducted. This section shall apply only to lockers or other space for
storage that are owned or leased by the employing agency.
3309.5 – LOCAL PUBLIC SAFETY OFFICERS; APPLICABILITY OF
CHAPTER; JURISDICTION; REMEDIES
(a) It shall be unlawful for any public safety department to deny or refuse to any
public safety officer the rights and protections guaranteed to him or her by this
chapter.
(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the
rights and protections afforded to state public safety officers under this chapter or
under Section 832.5 of the Penal Code.
(c) The superior court shall have initial jurisdiction over any proceeding brought by
any public safety officer against any public safety department for alleged violations
of this chapter.
(d) (1) In any case where the superior court finds that a public safety department
has violated any of the provisions of this chapter, the court shall render
appropriate injunctive or other extraordinary relief to remedy the violation and to
prevent future violations of alike or similar nature, including, but not limited to, the
granting of a temporary restraining order, preliminary, or permanent injunction
prohibiting the public safety department from taking any punitive action against
the public safety officer.
(2) If the court finds that a bad faith or frivolous action or a filing for an improper
purpose has been brought pursuant to this chapter, the court may order sanctions
against the party filing the action, the parties attorney, or both, pursuant to
Sections 128.6 and128.7 of the Code of Civil Procedure. Those sanctions may
include, but not be limited to, reasonable expenses, including attorney’s fees,
incurred by a public safety department, as the court deems appropriate. Nothing in
this paragraph is intended to subject actions or filings under this section to rules or
standards that are different from those applicable to other civil actions or filings
subject to Section 128.6 or 128.7 of the Code of Civil Procedure.
(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by
a superior court that a public safety department, its employees, agents, or assigns,
with respect to acts taken within the scope of employment, maliciously violated
any provision of this chapter with the intent to injure the public safety officer, the
public safety department shall, for each and every violation, be liable for a civil
penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the
public safety officer whose right or protection was denied and for reasonable
attorney’s fees as may be determined by the court. If the court so finds, and there is
sufficient evidence to establish actual damages suffered by the officer whose right
or protection was denied, the public safety department shall also be liable for the
amount of the actual damages. Notwithstanding these provisions, a public safety
department may not be required to indemnify a contractor for the contractor’s
liability pursuant to this subdivision if there is, within the contract between the
public safety department and the contractor, a “hold harmless” or similar
provision that protects the public safety department from liability for the actions of
the contractor. An individual shall not be liable for any act for which a public safety
department is liable under this section.
3310-PROCEDURES OF PUBLIC AGENCY PROVIDING SAME
RIGHTS OR PROTECTIONS; APPLICATION OF CHAPTER
Any public agency which has adopted, through action of its governing body or its
official designee, any procedure which at a minimum provides to peace officers the
same rights or protections as provided pursuant to this chapter shall not be subject
to this chapter with regard to such a procedure.
3311 – MUTUAL AID AGREEMENTS; EFFECT OF CHAPTER UPON
Nothing in this chapter shall in any way be construed to limit the use of any public
safety agency or any public safety officer in the fulfilling of mutual aid agreements
with other jurisdictions or agencies, nor shall this chapter be construed in any way
to limit any jurisdictional or interagency cooperation under any circumstances
where such activity is deemed necessary or desirable by the jurisdictions or the
agencies involved.
3312 – AMERICAN FLAG; PINS
Notwithstanding any other provision of law, the employer of a public safety officer
may not take any punitive action against an officer for wearing a pin or displaying
any other item containing the American flag, unless the employer gives the officer
written notice that includes all of the following:
(a) A statement that the officer’s pin or other item violates an existing rule,
regulation, policy, or local agency agreement or contract regarding the wearing of
a pin, or the displaying of any other item, containing the American flag.
(b) A citation to the specific rule, regulation, policy, or local agency agreement or
contract that the pin or other item violates.
(c) A statement that the officer may file an appeal against the employer challenging
the alleged violation pursuant to applicable grievance or appeal procedures
adopted by the department or public agency that otherwise comply with existing
law.
San Rafael Police Department
PROFESSIONAL STANDARDS BUREAU
INTERNAL AFFAIRS INVESTIGATION
MANUAL
Page 1
Law Enforcement Code of Ethics
As a law enforcement officer, my fundamental duty is to serve the community; to
safeguard lives and property; to protect the innocent against deception, the weak
against oppression or intimidation and the peaceful against violence or disorder; and to
respect the constitutional rights of all to liberty, equality, and justice.
I will keep my private life unsullied as an example to all and will behave in a manner
that does not bring discredit to me or to my agency. I will maintain courageous calm in
the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful
of the welfare of others. Honest in thought and deed both in my personal and official
life, I will be exemplary in obeying the law and the regulations of my department.
Whatever I see or hear of a confidential nature or that is confided to me in my official
capacity will be kept ever secret unless revelation is necessary in the performance of
my duty.
I will never act officiously or permit personal feelings, prejudices, political beliefs,
aspirations, animosities or friendships to influence my decisions. With no compromise
for crime and with relentless prosecution of criminals, I will enforce the law courteously
and appropriately without fear or favor, malice or ill will, never employing unnecessary
force or violence and never accepting gratuities.
I recognize the badge of my office as a symbol of public faith, and I accept it as a
public trust to be held so long as I am true to the ethics of police service. I will never
engage in acts of corruption or bribery, nor will I condone such acts by other police
officers. I will cooperate with all legally authorized agencies and their representatives in
the pursuit of justice.
I know that I alone am responsible for my own standard of professional performance
and will take every reasonable opportunity to enhance and improve my level of
knowledge and competence.
I will constantly strive to achieve these objectives and ideals, dedicating myself before
God to my chosen profession… law enforcement.
Page 2
TABLE OF CONTENTS
1. Introduction and Purpose - Page 3
2.Formal Internal Affairs Investigations Procedures & Checklist- Page 5
3.Best Practices for Interviews - Page 12
4.Internal Affairs Forms:
Title Form # Page #
Notice of Subject Officer
Interview
IA-01 13
Notice of Witness Interview IA-02 14
Subject Officer Pre-Interview
Notice
IA-03 15-16
Subject Officer Interrogation
Admonition
IA-04 17
Lybarger/Miranda Combo form IA-05 18
Division Commander Comments IA-06 19-20
SB2 Officer Notification IA-07 21
Administrative Leave Notification IA-08 22
Investigators Log IA-09 23
5.Formal Investigations Reporting Template - Page 24
6.Informal Internal Affairs Investigations Procedures - Page 33
7.Public Safety Bill of Rights - Page 36
Page 3
Introduction and Purpose
This manual was prepared to assist first-line supervisors and others who may be charged with
the investigation of internal and external complaints and administrative internal investigations
involving sworn and non-sworn police department personnel. It is intended as a guide, but
should not replace input from management and the agency's counsel.
Statement of Purpose
The goal of an internal affairs investigation is to ensure that the integrity of the department is
maintained through a system of internal discipline where objectivity, fairness, and justice are
assured by intensive, impartial investigations and reviews.
It is hoped that this manual, together with impartial investigations, will help determine real or
potential causes of problems relating to human relations and remedy identified deficiencies;
ensure proper corrective action is taken when appropriate; and, protect personnel from
unwarranted criticism when they perform their duties in an approved and appropriate
manner. Such procedures are intended to do the following:
• Clear those innocent of misconduct.
• Establish the fault of wrongdoers.
• Facilitate prompt and just disciplinary action.
• Reveal faulty practices or procedures.
Working familiarity with the Public Safety Officers' Procedural Bill of Rights Act and applicable
decisional law is essential and is part of this manual.
COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified into one of the following categories:
Informal - A matter in which the Shift Supervisor is satisfied that appropriate action has
been taken by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member or
referred to the Professional Standards Unit, depending on the seriousness and complexity of
the investigation.
Incomplete - A matter in which the complaining party either refuses to cooperate or
becomes unavailable after diligent follow-up investigation. At the discretion of the assigned
supervisor or the Professional Standards Unit, such matters may be further investigated
depending on the seriousness of the complaint and the availability of sufficient information.
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Agency Obligation to Investigate Employee Misconduct
The obligation of a law enforcement agency to investigate alleged or suspected employee
misconduct stems from several sources. For example, Penal Code 832.5 provides:
(a) (1) Each department or agency in this state that employs peace officers shall
establish a procedure to investigate complaints by members of the public against the
personnel of these departments or agencies and shall make a written description of the
procedure available to the public.
The oath of office taken by officials of law enforcement agencies obliges them to
enforce all laws and agency rules and regulations governing employee misconduct. In
addition, the failure to investigate and correct subordinate employee misconduct can provide
the basis for the removal of an official from office or constitute grounds for civil liability.
In carrying out an agency's duty to investigate complaints of employee misconduct,
agency officials conducting an administrative investigation have the legal right to ask
employees, under pain of discipline, any questions that are narrowly, specifically, and
directly related to the employee's performance of his or her official duties as a peace officer.
An employee who fails or refuses to answer such narrow, specific, and direct questions
concerning the performance of his or her duties may be disciplined for insubordination.
As a rule, no constitutional protections against self-incrimination exist in administrative
investigations. However, any incriminating statements, that are the product of such
compulsion, are inadmissible in criminal proceedings against the same employee. Statements
obtained in violation of rights secured by Government Code 3300-3311 might similarly be
inadmissible in an administrative disciplinary proceeding.
Administrative Investigations
The Department's administrative investigations may be conducted by an
investigator assigned to the Professional Standards Bureau, a supervisor within the
employee's division, or who the Division Commander designates. In any case where a
department's investigation could lead to "discipline," i.e., any action which may lead to
dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for
purposes of punishment." (Government Code 3303), the investigation is administrative in
nature and must be conducted in a manner consistent with provisions of the Public Safety
Officers Procedural Bill of Rights Act, (Government Code 3300) and other applicable statutory
and decisional law. The guarantees of the Bill of Rights apply to "All peace officers as defined
in 830.1 and subdivisions (a) and (b) of 830.2 of the Penal Code.” And "All persons employed
by the state of California and designated by law as peace officers." Government Code 3301.
CLICK HERE FOR SAN RAFAEL POLICE DEPARTMENT POLICY MANUAL
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Internal Affairs Formal Investigations Procedures
A complaint, both internal and external-initiated, will be classified as a
formal investigation based on the allegation, if sustained, would seemingly result in
discipline of a Letter of Written Reprimand or higher. These complaints will be
investigated by a supervisor designated by the Division Commander.
Complaint Received
The following will give you the detailed sequence of events that the
investigating officer should follow when investigating an internal affairs complaint
(Lexipol 1011.4):
All complaints will be courteously accepted by any department member and
promptly given to the appropriate supervisor. Although written complaints are
preferred, a complaint may also be filed orally, either in person or by telephone. The
receiving member shall obtain contact information sufficient for the supervisor to
contact the complainant and enter the complaint into the Internal Complaint Tracking
Form, which is the log that tracks all incoming complaints. After completing the Internal
Complaint Tracking Form the receiving member shall direct the complaint to the
supervisor. If the supervisor is not immediately available the receiving member shall
notify the supervisor of the complaint as soon as reasonably possible. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as
appropriate.
Although not required, complainants should be encouraged to file complaints in
person so that proper identification, signatures, photographs, or physical evidence may
be obtained as necessary.
A complainant shall be provided with a copy of the complaining
party's statement at the time it is filed with the Department (Penal Code § 832.7).
Read the complaint!
Determine the specifics of the complaint. Make sure you truly know what the
complainant is saying and what the allegation(s) are. The complaint information from
the Division Captain or Lieutenant will indicate whether the complaint is a Formal or an
Informal investigation. This distinction is important because the two types of
investigations are handled differently. The following instructions will guide you for all
Formal investigations. Refer to the section titled Divisional Investigations for guidance
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Starting the Investigation:
Once assigned an investigation, the investigator should take standard steps to prepare
their investigation, such as:
1. Read all materials included in the packet received by the Lieutenant or Captain.
2. Begin chronologically documenting steps taken, such as the date/time assigned,
and how the investigator was notified. This information is later transferred to the
“Formal Internal Affairs Investigation Report.” This should be documented in an
Investigators Log Form IA-09
3. Identify all parties included in the allegation, and who may need to be contacted
or interviewed.
4. Complete any background research to familiarize yourself with the facts of the
case. This may include researching RIMS/CLETS history, and reviewing incident
reports, video footage, or other evidence.
Subject Officer/Employee
5. Serve the member with the Notice of Investigation. Form IA-01. This form
officially notifies the member that they are under investigation and allows them
to contact the appropriate representative if desired prior to their interview.
a. Use form IA-07 to notify the officer if the complaint has alleged serious
misconduct per PC 13510.8 (SB2) and a report is being forwarded to the
Police Officer Standards and Training (POST). (PSU Lieutenant or
Sergeant will handle)
b. If applicable use form IA-08 if the employee is being placed on
Administrative Leave
Witnesses
a. If there are witnesses that need serving, serve them with Notice of
Witness Interview Form IA-02.
b. Witnesses are NOT entitled to representation. You may interview them
immediately if desired, or provide a short courtesy period prior to the
interview.
When Interviewing Witnesses:
i. Witnesses do not have a right to a representative so make the interview soon
after your contact.
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ii. Order the employee witness not to discuss the case or any aspect of it with
anyone; make sure they understand your order. (Refer to written
instructions.)
iii. The only reports employee witnesses are allowed to see are those they have
prepared, such as arrest or incident reports.
iv. If, during the course of an interview, a witness makes a statement or
otherwise gives you information that leads you to believe they are or could be
guilty of a violation of the San Rafael Police Department Policy Manual or
other policy/statute violation that could lead to discipline, you must stop the
interview and read them the administrative investigations admonishment.
This means if they want a representative, you will have to reschedule the
interview.
6. Schedule interviews as necessary.
7. Research Lexipol policies, Department Directives, or Notices that apply to the
allegation (Example: If the investigation includes an allegation that a member
used harsh or profane language, the applicable Policy is 320 – STANDARDS OF
CONDUCT.)
8. If necessary, complete a list of questions to ask the respective parties during
interviews. Reference Policies, Department Directives, or Notices to understand
the “elements” of the alleged rule violation, to help determine what questions to
ask each party.
9. Serve the Subject Officer/Employee with the Notice of Subject Officer Interview.
Form IA-03.
a. You may need to send an amended form IA-03 if the date/time and
location are not known at the time of initial service.
INTERVIEWS
Interviews:
Note: Recording interviews is highly encouraged.
1. When possible, conduct interviews in this order:
a. Complainant
b. Witness
c. “Named” Officer (Accused member)
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2. Interviews of non-SRPD members can typically be handled via telephonic interview.
The member conducting the investigation shall memorialize efforts to contact
complainants and witnesses.
3. Interviews of SRPD members are usually conducted in person, and shall be
conducted in a private area of the Station or neutral office space.
4. At the beginning of the interview, and once the audio recorder is recording, serve
and read the member with the Interrogation Admonition for Peace Officers Form IA-04
5. Serve and read the member with the Miranda and Lybarger Admonitions Form IA-05
6. Conduct Interview
1. Note on the recording what the allegations are for the record. (stay within the
scope of investigation)
2. Once the above steps have been taken, you may proceed with the content of
your interview. Begin with a few contextual questions, such as having the
member state and spell their name, their badge number, their assignment, etc. If
a non-member establishes their relation to the case (i.e. Citizen who made the
complaint after a traffic stop, etc.)
3. Ask questions specific to the elements of the rule violation to help
definitively prove or disprove the allegation.
4. Ask Questions to:
a. Establish the accused member was on duty or present during the incident.
b. Ask open-ended questions.
c. Ask direct questions.
d. Don’t answer for the accused member. Be patient and let the member talk.
e. The member is required to answer all questions asked of them.
5. At the conclusion of the interview, conduct a “Closing” that will allow the
member the opportunity to provide any evidence that is relevant to the case,
or make a statement if they desire.
6. Notify the member that the case is under investigation, and will be forwarded
to the appropriate Lieutenant or Captain for review when completed.
7. Conduct a Thorough Investigation
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a. Follow these steps to ensure your case file is complete:
• During the course of the investigation, various documents may be
generated or used as evidence.
• Retain these documents for the case file.
• Attach all documents used (photos, RIMS print-outs, etc.)
• Download all recorded interviews to a digital storage device for later
attachment.
8. Once your investigation is complete, utilize the Formal Internal Affairs Investigations
Report template to document the investigation. The Formal Report is written in
memo form, with individual sections to address each portion of the investigation.
a. On the template, replace all the red-highlighted with your investigative
notes
9. Conclusion Section of the Formal Report:
a. Once all investigative steps have been completed, the investigator should
determine a finding for each of the allegations. The finding is based on a
preponderance of evidence. This is usually described as 50.1% of the
evidence indicating that the misconduct occurred or when it is more likely
than not that a violation of policy or procedure has occurred.
10. Apply the facts of the case to the definitions below to determine the finding for
each allegation. The criteria for each finding are:
Definitions:
Each personnel complaint shall be classified with one of the following dispositions:
• Unfounded - When the investigation discloses that the alleged acts did not
occur or did not involve department members. Complaints that are determined to
be frivolous will fall within the classification of unfounded (Penal Code § 832.8).
• Exonerated - When the investigation discloses that the alleged act occurred but
that the act was justified, lawful, and/or proper.
• Not sustained - When the investigation discloses that there is insufficient
evidence to sustain the complaint or fully exonerate the member.
• Sustained - A final determination by an investigating agency, commission,
board, hearing officer, or arbitrator, as applicable, following an investigation and
opportunity for an administrative appeal pursuant to Government Code § 3304
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and Government Code § 3304.5 that the actions of an officer were found to
violate law or department policy (Penal Code § 832.8).
11. The Preliminary Investigation is now Complete and should be forwarded to the
appropriate Lieutenant or Captain for review.
12. The Division Captain will review the report and either send it back for further
investigation or approve the report. Once the report has been approved the
Division Captain will submit to the Chief of Police a Division Commander Comments
Report Form IA-06.
If an employee or their representative requests a copy of their recorded
interview, one must be given to them as soon as is reasonable. During
normal business hours, a copy may be made by a representative of the
Professional Standards Bureau. In most cases where a labor representative
is present, they will also record the interview.
DO NOT GIVE YOUR OPINION AS TO THE OUTCOME OF THE
INVESTIGATION!
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Submitting the Investigation
Follow this procedure to have your investigation approved and returned to the
appropriate Lieutenant or Captain:
1. Assemble all of your case documents in this order:
a. Formal Report
b. Supporting Documents (Photos, Evidence, etc.)
c. Original Documents that arrived with the packet
d. Digital files with audio, video, etc.
2. Present the completed investigation for review to the Division Captain.
3. The Initial Investigative Level portion of the investigation is now
complete. The supervising Lieutenant or Captain will contact the lead
investigator if any additional information is needed.
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Best Practices for interviews:
1. Regarding Accused Civilian employees: Provide a copy of their Weingarten rights
(attached) for their review prior to the interview. Once on the record during the
interview, state that you provided them a copy of their Weingarten Rights, and
have the member confirm this.
2. Union Representatives or Attorneys for members:
a. Witnesses are NOT entitled to representation. You may interview them
immediately if desired, or provide a short courtesy period prior to the
interview. This includes Officers and Non-Sworn Staff.
b. Accused members ARE entitled to representation prior to, and during the
interview. Provide POBOR rights to sworn members (Government Code
Section 3300, et seq.) Weingarten Rights apply to non-sworn members.
Accused members may proceed with their representative, or they may
proceed without representation if they choose. Members are to be
afforded a reasonable amount of time to obtain representation.
c. If a member chooses to go forward without a representative, restate this
information on the recorded interview and have the member confirm they
don’t wish to have a representative present.
d. If a representative objects to a question, allow them to state their
objection, review the question to see if it can be stated a different
way, and if so restate the question. If the question is pertinent to the
interview, acknowledge the objection and order the named employee
to answer the question. There are remedies should your question be
deemed inappropriate.
e. Always give a representative a chance to ask questions or clarify
points at the end of an interview.
f. If a representative requests a break to consult with their client, allow
it, unless it will put you at a disadvantage. A representative should
never tell their client not to answer a question. The only time this will
happen is if the criminal consequences outweigh the administrative
consequences. Once again, be reasonable with employees and their
representatives.
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Formal Internal Investigation
Report Sample Memorandum
(Template)
Page25
To: xxxx
Chief of Police
From: Captain
XXXXXXXXXX
Officer in Charge Assignment
Date: DATE TURNED IN
Subject: INVESTIGATION OF A COMPLAINT AGAINST PERSONNEL
EXECUTIVE SUMMARY
• 3-4 Paragraphs summarizing the incident.
MEMBER:
Named Member
TYPE OF COMPLAINT: (List the appropriate title)
• Alleged Violations
Conduct Unbecoming an Officer Neglect of Duty
Unwarranted Actions
CASE NUMBER:
IA 2020-XXXX
DATE, TIME PLACE OF OCCURRENCE:
When and where it happened
INVESTIGATOR:
Supervisor XXXXX or Sergeant XXXXX #1111 (Put your name here)
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Recommendation as to Disposition Classification (Findings):
THIS SHOULD BE ON IT’S OWN PAGE, one page per subject employee
Based on the information obtained in the course of this administrative investigation, I
recommend the disposition and classification of the complaints (Employee) to be as
follows:
San Rafael Police Department Policy:
• xxxx(e) “UNFOUNDED” Unauthorized possession of, loss of or damage
to
Department property or the property of others
or
endangering it through unreasonable
carelessness or
maliciousness.
• xxxxx(j) “SUSTAINED ” Wrongfully loaning, selling, giving away or
Appropriating any Department property for the
personal use of the employee or any
unauthorized person(s).
• xxx.(n) “NOT SUSTAINED” Work related dishonesty, including attempted
or
actual theft of Department property, services
or the property of others.
Memorandum of Understanding with the City of San Rafael and the San
Rafael POA:
• 23.2(14) “UNFOUNDED” Dishonesty
• 23.2(16) “UNFOUNDED” Use of City equipment, supplies or
identification (e.g.,
badges) for any reason other than for official
City business.
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Sec. 2
IDENTIFIED/INVOLVED PARTIES:
Member:
Officer John Doe #1234
Complainant:
(If the complaint is internally generated, simply list “SRPD.” If external, list the
name of the complainant and their contact info.) Example:
Sarah Smith 1423 34th St.
San Rafael, CA 94122
(415) 555-5556
Witness:
Officer David Brown #2222
Officer Jane Johnson #3333
Mr. Paul Wilson
Citizen / San Rafael Resident 1234 California St.
San Rafael, CA, 94131
(415) 555-5555
Sec. 3
INVESTIGATION CHRONOLOGY:
List the time/dates of the investigative steps you took, i.e.:
4/15/20 at 1400 hrs: I was assigned this case for investigation by Captain
XXXXX. The file I received included the following documentation: XXXXXXX
4/15/20 at 1500 hrs: I reviewed the case file and included documents.
4/15/20 at 1600 hrs: I conducted research through HRMS to determine if
Officer Doe was working on 3/15/20. HRMS showed Officer Doe working from
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1200-2200 hrs. I printed the HRMS report and included it in the case file.
4/16/20 at 1000 hrs: I called Complainant Sarah Smith and conducted a
recorded interview.
4/16/20 at 1100 hrs: I called Witness Paul Wilson and conducted a recorded
interview.
4/17/20 at 1300 hrs: I called Witness Officer Jane Johnson and conducted a
recorded interview. Etc.
(This section is meant to simply keep a chronological record of the steps you
took, and when you took them. Do not document the actual content of
conversations, as that comes later in the investigative findings section.)
Sec. 4
INVESTIGATIVE FINDINGS:
(Your investigation, in a narrative format. This section is meant to
summarize the steps you took, and what information was provided to
you. It should be a big picture summary of what the allegations were,
what each of the Witnesses and Members said, and a description of
any evidence you discovered. Include any other relevant information
here. Write this section like you are writing a police report or a memo.
Include any information to prove or disprove the allegation.)
Example:
On 4/15/20 at 1400 hrs., I was assigned this case for investigation by Captain
XXXXX. Captain XXXXX advised me that I was to complete a station level
investigation regarding a complaint received at, and subsequently forwarded to
me.
Captain XXXXX provided me with a case file containing the following
documents:
1. Case Assignment Memo
2. Report Summary
3. Notification of Investigation Form
4. Handwritten letter signed by Sarah Smith
5. SRPD Parking Citation #123456789
I reviewed the documents and determined that Complainant Sarah Smith had
made a Complaint against Officer John Doe related to rudeness and a parking
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citation. The Complaint consisted of a handwritten letter mailed to Records, and
was related to a parking citation issued by Officer Doe.
I took the following actions during the investigation of this incident:
Review of CAD/RIMS Record of Officer John Doe
I reviewed the xxx record for Officer Doe. The record showed ….. xxxxxx
Review of Complaint Letter
I reviewed the letter and observed the following: XXXXX
Review of Citation #123456789
• I reviewed the citation provided by the Complainant. It appeared to
show that the citation was issued by Officer Doe on XXXXX….
Additional Follow-Up Conducted
I learned that Officer Doe had recorded the initial incident with his BWC. I
reviewed the BWC which showed the following: XXXXXX
Summary of Interview with Complainant Sarah Smith
On 4/16/20 at 1000 hrs., I conducted a recorded telephonic interview with
Complainant Sarah Smith. Smith related to me the following: XXXXX
Summary of Interview with Witness Paul Wilson
On 4/16/20 at 1100 hrs., I conducted a recorded telephonic interview with
Witness Paul Wilson. Wilson related to me the following: XXXXX
Summary of Interview with Witness Officer Jane Johnson
XXXXXXX
Summary of Interview with Named Officer John Doe
XXXXXXX
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(Continue in this manner itemizing and summarizing the various steps
conducted until you have addressed all of the relevant information.)
Sec. 5
STATEMENTS:
All Statements summarized in “Investigative Findings” See audio recordings and
Memorandums for further
List the people here that you interviewed. Include contact information.
Sec. 6
CONCLUSION:
Allegation #1:
In regards to the allegation that Officer Doe violated Department General Order
2.01, Rule 14 when he was alleged to have been discourteous to complainant
when issuing a parking citation:
*SUSTAINED*
Department Lexipol Policy 320 Standards of Conduct - When acting in the
performance of their duties, while on or off duty, members shall treat the public
with courtesy and respect and not use harsh, profane or uncivil language.
Members shall also address the public using pronouns and titles of respect
appropriate to the individual's gender identity as expressed by the individual.
When requested, members shall promptly and politely provide their name, star
number and assignment.
Summary:
On XXXXX date at XXXXX time, SRPD received a complaint from Sarah Smith
stating Officer Doe yelled at her, accused her of parking in a red zone, and
refused to let her move her vehicle. Smith alleged Officer Doe wrote her a
ticket which he then threw at her. Through the course of the investigation I
interviewed two witnesses and observed Body Worn Camera footage, which
produced evidence that:
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Both parties appeared animated during the dispute;
Officer Doe used harsh language, including calling Sarah Smith an “idiot”
Officer Doe did in fact throw her ticket at Sarah Smith
This action brought discredit to the Department.
Therefore, this allegation should be deemed Sustained.
Allegation #2:
In regards to the allegation Officer Doe violated Department Bulletin 19-049 by
hanging up on the complainant who called on the phone:
**Not Sustained**
Department Bulletin 19-049: San Rafael Police Department sworn and non-
sworn members are reminded that they shall be courteous at all times. Often
the public's first contact with the Department is by telephone. When answering
the phone, members shall identify their unit, station or bureau, and give their
rank and name. Members shall then inquire how they may be of service.
Summary:
On XXXXX date at XXXXX time, SFPD received a complaint from Sarah Smith
stating she called XXXXX Station after receiving a citation from Ofc. Doe. Ofc.
Doe came to the phone, and when the complainant stated she was the person
who received a ticket from Officer Doe, Officer Doe hung up the telephone.
There were no independent witnesses to this complaint and Officer Doe denied
the action. There was insufficient evidence to prove or disprove the allegation.
Therefore, this allegation should be deemed Not Sustained.
Investigated By: Approved By:
_______________________ ________________________
Sgt XXXXX #1234 Date: Captain XXXXX #6789 Date:
RECOMMENDATION:
It is recommended that discipline, if deemed necessary, be imposed
according to Department policy and guidelines.
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Sec. 8
ATTACHMENTS:
A. Chronological
B. Documentation (IA Report Summary)
C. List all attachments here…
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Informal Internal Affairs Investigations Procedures
A complaint is determined to be an INFORMAL when the allegation, if
sustained, would seemingly result only in a memo that goes into their supervisory
file but is purged within one year (Also referred to as a 3 X 5). The Lieutenant will
normally assign these complaints to the supervisory level where a sergeant will be
assigned the case.
Informal Complaint Received
Every Informal complaint will be accepted in accordance with Lexipol Policy
1011 (The same as a Formal complaint)
All complaints will be courteously accepted by any department member and
promptly given to the appropriate supervisor. Although written complaints are
preferred, a complaint may also be filed orally, either in person or by telephone. The
receiving member shall obtain contact information sufficient for the supervisor to
contact the complainant and enter the complaint into the Internal Complaint Tracking
Form, which is the log that tracks all incoming complaints. After completing the Internal
Complaint Tracking Form the receiving member shall direct the complaint to the
supervisor. If the supervisor is not immediately available the receiving member shall
notify the supervisor of the complaint as soon as reasonably possible. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as
appropriate.
Although not required, complainants should be encouraged to file complaints in
person so that proper identification, signatures, photographs, or physical evidence may
be obtained as necessary.
A complainant shall be provided with a copy of the complaining party's statement
at the time it is filed with the Department (Penal Code § 832.7).
Once you are assigned an informal complaint, read the complaint thoroughly
and then retrieve any reports or supporting documents associated with the case.
Contact your Lieutenant for a discussion of the issues, and to develop an
investigative plan.
Since an Informal complaint, if sustained, would not result in anything more
than a 3 X 5, the named employee is not entitled to representation during the
interview. Additionally, employees will not be advised of either the Miranda
advisement or the Lybarger and witness admonishments. Employee interviews will
not be recorded either. Note-taking is permissible and recommended.
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The investigation of an informal complaint differs from a formal complaint
only in respect to how employee interviews are conducted, and the reporting
format of the final investigative product. Regardless of whether a complaint is
classified as formal or informal, your diligence in pursuing the facts of the
complaint remains the same.
Informal complaint checklist
1. Read the complaint and retrieve connecting documents.
2. Confer with your Lieutenant
3. Begin and maintain an investigative log.
4. Gather all evidence in the case – photos, records, etc.
5. Interview the complainant and clarify the issues alleged.
6. Schedule interview(s) with witnesses.
7. Schedule interview(s) with the named officer(s).
8. Summarize interviews and begin analysis of complaint(s) based upon facts known
to you.
9. Call your assigned Lieutenant anytime for questions or assistance.
10. Forward your completed report to the Lieutenant for review.
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Informal Investigations Reporting Template San Rafael Police Department
• Nature of Complaint:
• Complainant Summary:
• Named Personnel:
• Witnesses:
• Complaint Background:
• Investigator’s log:
• Interviews:
• Conclusions:
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Public Safety Officers Procedural Bill of Rights Act
Government Code Sections 3300-3312
3300- Title
This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act.
3301- Definition; Legislative findings and declaration
For purposes of this chapter, the term public safety officer means all peace officers specified in
Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e),
830.34, 830.35, except subdivision ©, 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.
The Legislature hereby finds and declares that the rights and protections provided to peace officers
under this chapter constitute a matter of statewide concern. The Legislature further finds and
declares that effective law enforcement depends upon the maintenance of stable employer-employee
relations, between public safety employees and their employers. In order to assure that stable
relations are continued throughout the state and to further assure that effective services are provided
to all people of the state, it is necessary that this chapter be applicable to all public safety officers,
as defined in this section, wherever situated within the State of California.
3302- Political activity: Membership on school board
(a) Except as otherwise provided by law, or whenever on duty or in uniform, no
public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political
activity.
(b) No public safety officer shall be prohibited from seeking election to, or serving as
a member of, the governing board of a school district.
3303-Investigations interrogations; conduct; conditions; representation; reassignment
When any public safety officer is under investigation and subjected to interrogation by his or her
commanding officer, or any other member of the employing public safety department, that could lead to
punitive action, the interrogation shall be conducted under the following conditions. For the purpose of
this chapter, punitive action means any action that may lead to dismissal, demotion, suspension,
reduction in salary, written reprimand, or transfer for purposes of punishment.
(a) The interrogation shall be conducted at a reasonable hour, preferably at a time
when the public safety officer is on duty, or during the normal waking hours for the public safety officer,
unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-
duty time of the public safety officer being interrogated, the public safety officer shall be compensated
for any off-duty time in accordance with regular department procedures, and the public safety officer
shall not be released from employment for any work missed.
(b) The public safety officer under investigation shall be informed prior to the
interrogation of the rank, name, and command of the officer in charge of the interrogation, the
interrogating officers, and all other persons to be present during the
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interrogation. All questions directed to the public safety officer under interrogation shall be asked by and
through no more than two interrogators at one time.
(c) The public safety officer under investigation shall be informed of the nature of the
investigation prior to any interrogation.
(d) The interrogating session shall be for a reasonable period taking into
consideration gravity and complexity of the issue being investigated. The person under interrogation
shall be allowed to attend to his or her own personal physical necessities.
(e) The public safety officer under interrogation shall not be subjected to offensive
language or threatened with punitive action, except that an officer refusing to respond to questions or
submit to interrogations shall be informed that failure to answer questions directly related to the
investigation or interrogation may result in punitive action. No promise of reward shall be made as an
inducement to answering any question. The employer shall not cause the public safety officer under
interrogation to be subjected to visits by the press or news media without his or her express consent nor
shall his or her home address or photograph be given to the press or news media without his or her
express consent.
(f) No statement made during interrogation by a public safety officer under duress,
coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This
subdivision is subject to the following qualifications:
(1) This subdivision shall not limit the use of statements made by a public safety
officer when the employing public safety department is seeking civil sanctions against any public safety
officer, including disciplinary action brought under Section 19572.
(2) This subdivision shall not prevent the admissibility of statements made by the
public safety officer under interrogation in any civil action, including administrative actions, brought by
that public safety officer, or that officer's exclusive representative, arising out of a disciplinary action.
(3) This subdivision shall not prevent statements made by a public safety officer
under interrogation from being used to impeach the testimony of that officer after an in camera review to
determine whether the statements serve to impeach the testimony of the officer.
(4) This subdivision shall not otherwise prevent the admissibility of statements made
by a public safety officer under interrogation if that officer subsequently is deceased.
(g) The complete interrogation of a public safety officer may be recorded. If a tape
recording is made of the interrogation, the public safety officer shall have access to the tape if any
further proceedings are contemplated or prior to any further interrogation at a subsequent time. The
public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to
any reports or complaints made by investigators or other persons, except those which are deemed by the
investigating agency to be confidential. No notes or reports that are deemed to be confidential may be
entered in the officer's personnel file. The public safety officer being interrogated shall have the right to
bring his or her own recording device and record any and all aspects of the interrogation.
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(h) If prior to or during the interrogation of a public safety officer it is deemed that he
or she may be charged with a criminal offense, he or she shall be immediately informed of his or her
constitutional rights.
(i) Upon the filing of a formal written statement of charges, or whenever an
interrogation focuses on matters that are likely to result in punitive action against any public safety
officer, that officer, at his or her request, shall have the right to be represented by a representative of his
or her choice who may be present at all times during the interrogation. The representative shall not be a
person subject to the same investigation. The representative shall not be required to disclose, nor be
subject to any punitive action for refusing to disclose, any information received from the officer under
investigation for noncriminal matters.
This section shall not apply to any interrogation of a public safety officer in the normal course of duty,
counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with,
a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned
solely and directly with alleged criminal activities.
(j) No public safety officer shall be loaned or temporarily reassigned to a location or
duty assignment if a sworn member of his or her department would not normally be sent to that location
or would not normally be given that duty assignment under similar circumstances.
3304-Lawful exercise of rights; insubordination; administrative appeal
(a) No public safety officer shall be subjected to punitive action, or denied promotion,
or be threatened with any such treatment, because of the lawful exercise of the rights granted under this
chapter, or the exercise of any rights under any existing administrative grievance procedure. Nothing in
this section shall preclude a head of an agency from ordering a public safety officer to cooperate with
other agencies involved in criminal investigations. If an officer fails to comply with such an order, the
agency may officially charge him or her with insubordination.
(b) No punitive action, nor denial of promotion on grounds other than merit, shall be
undertaken by any public agency against any public safety officer who has successfully completed the
probationary period that may be required by his or her employing agency without providing the public
safety officer with an opportunity for administrative appeal.
(c) No chief of police may be removed by a public agency, or appointing authority,
without providing the chief of police with written notice and the reason or reasons therefore and an
opportunity for administrative appeal. For purposes of this subdivision, the removal of a chief of police by
a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of
the public agency or appointing authority, for reasons including, but not limited to, incompatibility of
management styles or as a result of a change in administration, shall be sufficient to constitute "reason
or reasons." Nothing in this subdivision shall be construed to create a property interest, where one does
not exist by rule or law, in the job of Chief of Police.
(d) Except as provided in this subdivision and subdivision (g), no punitive action, nor
denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other
allegation of misconduct if the investigation of the allegation is not completed within one year of the
public agency's discovery by a person authorized to initiate an investigation of the allegation of an act,
omission, or other misconduct. This
39
one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after
January 1, 1998. In the event that the public agency determines that discipline may be taken, it shall
complete its investigation and notify the public safety officer of its proposed disciplinary action within
that year, except in any of the following circumstances:
(1) 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.
(2) 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.
(3) If the investigation is a multijurisdictional investigation that requires a reasonable
extension for coordination of the involved agencies.
(4) If the investigation involves more than one employee and requires a reasonable
extension.
(5) If the investigation involves an employee who is incapacitated or otherwise
unavailable.
(6) 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.
(7) 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.
(8) If the investigation involves an allegation of workers’ compensation fraud on the
part of the public safety officer.
(e) Where a predisciplinary response or grievance procedure is required or utilized,
the time for this response or procedure shall not be governed or limited by this chapter.
(f) If, after investigation and any predisciplinary response or procedure, the public
agency decides to impose discipline, the public agency shall notify the public safety officer in writing of
its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of
its decision, except if the public safety officer is unavailable for discipline.
(g) Notwithstanding the one-year time period specified in subdivision (c), an
investigation may be reopened against a public safety officer if both of the following circumstances exist:
(1) Significant new evidence has been discovered that is likely to affect the outcome
of the investigation.
(2) One of the following conditions exist:
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(A) The evidence could not reasonably have been discovered in the normal
course of investigation without resorting to extraordinary measures by the agency.
(B) The evidence resulted from the public safety officer's predisciplinary
response or procedure.
(h) For those members listed in subdivision (a) of Section 830.2 of the Penal Code,
the 30-day time period provided for in subdivision (e) shall not commence with the service of a
preliminary notice of adverse action, should the public agency elect to provide the public safety officer
with such a notice.
3304.5- Administrative appeal
An administrative appeal instituted by a public safety officer under this chapter shall be conducted in
conformance with rules and procedures adopted by the local public agency.
3305- Comments adverse to interest; personnel files; opportunity to read and sign; refusal
to sign
No public safety officer shall have any comment adverse to his interest entered in his personnel file,
or any other file used for any personnel purposes by his employer, without the public safety officer
having first read and signed the instrument containing the adverse comment indicating he is aware of
such comment, except that such entry may be made if after reading such instrument the public
safety officer refuses to sign it. Should a public safety officer refuse to sign, that fact shall be noted on
that document, and signed or initialed by such officer.
3306- Response to adverse comment in personnel file; time
A public safety officer shall have 30 days within which to file a written response to any adverse
comment entered in his personnel file. Such written response shall be attached to, and shall accompany,
the adverse comment.
3306.5-Inspection of personnel files; request for correction of file; time
(a) Every employer shall, at reasonable times and at reasonable intervals, upon the
request of a public safety officer, during usual business hours, with no loss of compensation to the
officer, permit that officer to inspect personnel files that are used or have been used to determine that
officer's qualifications for employment, promotion, additional compensation, or termination or other
disciplinary action.
(b) Each employer shall keep each public safety officer's personnel file or a true and
correct copy thereof , and shall make the file or copy thereof available within a reasonable period of time
after a request therefore by the officer.
(c) If, after examination of the officer's personnel file, the officer believes that any
portion of the material is mistakenly or unlawfully placed in the file, the officer may request, in writing,
that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this
subdivision shall include a statement by the officer describing the corrections or deletions from the
personnel file requested and the reasons
41
supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall
become part of the personnel file of the officer.
(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c),
the employer shall either grant the officer's request or notify the officer of the decision to refuse to grant
the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in
writing the reasons for refusing the request, and that written statement shall become part of the
personnel file of the officer.
3307-Polygraph examination; right to refuse; effect
(a) No public safety officer shall be compelled to submit to a lie detector test against
his or her will. No disciplinary action or other recrimination shall be taken against a public safety officer
refusing to submit to a lie detector test, nor shall any comment be
entered anywhere in the investigator's notes or anywhere else that the public safety officer refused to
take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a
subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the public safety
officer refused to take, or was subjected to, a lie detector test.
(b) For the purpose of this section, "lie detector" means a polygraph, deceptograph,
voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or
electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion
regarding the honesty or dishonesty of an individual.
3307.5-Use of photograph; penalties
(a) No public safety officer shall be required as a condition of employment by his or
her employing public safety department or other public agency to consent to the use of his or her
photograph or identity as a public safety officer on the Internet for any purpose if that officer reasonably
believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his
or her family.
(b) Based upon his or her reasonable belief that the disclosure of his or her
photograph or identity as a public safety officer on the Internet as described in subdivision (a) may result
in a threat, harassment, intimidation, or harm, the officer may notify the department or other public
agency to cease and desist from that disclosure. After the notification to cease and desist, the officer, a
district attorney, or a United States Attorney may seek an injunction prohibiting any official or unofficial
use by the department or other public agency on the Internet of his or her photograph or identity as a
public safety officer. The court may impose a civil penalty in an amount not to exceed five hundred
dollars ($500) per day commencing two working days after the date of receipt of the notification to cease
and desist.
3308-Financial disclosure; right to refuse; exceptions
No public safety officer shall be required or requested for purposes of job assignment or other
personnel action to disclose any item of his property, income, assets, source of income, debts or personal
or domestic expenditures (including those of any member of his family or household) unless such
information is obtained or required under state law
42
or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his
official duties, or is necessary for the employing agency to ascertain the desirability of assigning the
public safety officer to a specialized unit in which there is a strong possibility that bribes or other
improper inducements may be offered.
3309-Search of locker or storage space; consent; search warrant
No public safety officer shall have his locker, or other space for storage that may be assigned to him
searched except in his presence, or with his consent, or unless a valid search warrant has been obtained
or where he has been notified that a search will be conducted. This section shall apply only to lockers or
other space for storage that are owned or leased by the employing agency.
3309.5-Local public safety officers; applicability of chapter; jurisdiction; remedies
(a) It shall be unlawful for any public safety department to deny or refuse to any
public safety officer the rights and protections guaranteed to him or her by this chapter.
(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights
and protections afforded to state public safety officers under this chapter or under Section 832.5 of the
Penal Code.
(c) The superior court shall have initial jurisdiction over any proceeding brought by
any public safety officer against any public safety department for alleged violations of this chapter.
(d) (1) In any case where the superior court finds that a public safety department has
violated any of the provisions of this chapter, the court shall render appropriate injunctive or other
extraordinary relief to remedy the violation and to prevent future violations of alike or similar nature,
including, but not limited to, the granting of a temporary restraining order, preliminary, or permanent
injunction prohibiting the public safety department from taking any punitive action against the public
safety officer.
(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been
brought pursuant to this chapter, the court may order sanctions against the party filing the action, the
parties’ attorney, or both, pursuant to Sections
128.6 and128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to,
reasonable expenses, including attorney's fees, incurred by a public safety department, as the court
deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section
to rules or standards that are different from those applicable to other civil actions or filings subject to
Section 128.6 or 128.7 of the Code of Civil Procedure.
(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a
superior court that a public safety department, its employees, agents, or assigns, with respect to acts
taken within the scope of employment, maliciously violated any provision of this chapter with the intent
to injure the public safety officer, the public safety department shall, for each and every violation, be
liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public
safety officer whose right or protection was denied and for reasonable attorney's fees as may be
determined by the court. If the court so finds, and there is sufficient evidence to establish actual
damages suffered by the officer whose right or protection was denied, the public safety department shall
also be liable for the amount of the actual damages. Notwithstanding
43
these provisions, a public safety department may not be required to indemnify a contractor for the
contractor's liability pursuant to this subdivision if there is, within the contract between the public safety
department and the contractor, a "hold harmless" or similar provision that protects the public safety
department from liability for the actions of the contractor. An individual shall not be liable for any act for
which a public safety department is liable under this section.
3310-Procedures of public agency providing same rights or protections; application of
chapter
Any public agency which has adopted, through action of its governing body or its official designee, any
procedure which at a minimum provides to peace officers the same rights or protections as provided
pursuant to this chapter shall not be subject to this chapter with regard to such a procedure.
3311-Mutual aid agreements; effect of chapter upon
Nothing in this chapter shall in any way be construed to limit the use of any public safety agency or
any public safety officer in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor
shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any
circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies
involved.
3312-American Flag; pins
Notwithstanding any other provision of law, the employer of a public safety officer may not take any
punitive action against an officer for wearing a pin or displaying any other item containing the American
flag, unless the employer gives the officer written notice that includes all of the following:
(a) A statement that the officer's pin or other item violates an existing rule,
regulation, policy, or local agency agreement or contract regarding the wearing of a pin, or the displaying
of any other item, containing the American flag.
(b) A citation to the specific rule, regulation, policy, or local agency agreement or
contract that the pin or other item violates.
(c) A statement that the officer may file an appeal against the employer challenging
the alleged violation pursuant to applicable grievance or appeal procedures adopted by the department or
public agency that otherwise comply with existing law.
Policy
1011
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Personnel Complaints
1011.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the San Rafael Police Department. This policy shall not
apply to any questioning, counseling, instruction, informal verbal admonishment or other routine
or unplanned contact of a member in the normal course of duty, by a supervisor or any other
member, nor shall this policy apply to a criminal investigation.
1011.2 POLICY
The San Rafael Police Department takes seriously all complaints regarding the service provided
by the Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this
policy and applicable federal, state and local law, municipal and county rules and the requirements
of any collective bargaining agreements.
It is also the policy of this department to ensure that the community can report misconduct without
concern for reprisal or retaliation.
1011.3 PERSONNEL COMPLAINTS
Personnel complaints include any allegation of misconduct or improper job performance that, if
true, would constitute a violation of department policy or of federal, state or local law, policy or
rule. Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate department policy or federal,
state or local law, policy or rule may be handled informally by a supervisor and shall not be
considered a personnel complaint. Such inquiries generally include clarification regarding policy,
procedures or the response to specific incidents by the Department.
1011.3.1 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified in one of the following categories:
Informal - A matter in which the Shift Supervisor is satisfied that appropriate action has been
taken by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member or
referred to the Professional Standards Unit, depending on the seriousness and complexity of the
investigation.
Incomplete - A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the Professional Standards Unit, such matters may be further investigated depending on the
seriousness of the complaint and the availability of sufficient information.
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1011.3.2 SOURCES OF COMPLAINTS
The following applies to the source of complaints:
(a)Individuals from the public may make complaints in any form, including in writing, by
email, in person or by telephone.
(b)Any department member becoming aware of alleged misconduct shall immediately
notify a supervisor.
(c)Supervisors shall initiate a complaint based upon observed misconduct or receipt from
any source alleging misconduct that, if true, could result in disciplinary action.
(d)Anonymous and third-party complaints should be accepted and investigated to the
extent that sufficient information is provided.
(e)Tort claims and lawsuits may generate a personnel complaint.
1011.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1011.4.1 COMPLAINT FORMS
Personnel complaint forms will be maintained in a clearly visible location in the public area of
the police facility and be accessible through the department website. Forms may also be available
at other City facilities.
Personnel complaint forms in languages other than English may also be provided, as determined
necessary or practicable.
1011.4.2 ACCEPTANCE
All complaints will be courteously accepted by any department member and promptly given to the
appropriate supervisor. Although written complaints are preferred, a complaint may also be filed
orally, either in person or by telephone. The receiving member shall obtain contact information
sufficient for the supervisor to contact the complainant and enter the complaint into the Internal
Complaint Tracking Form, which is the log that tracks all incoming complaints. After completing
the Internal Complaint Tracking Form the receiving member shall direct the complaint to the
supervisor. If the supervisor is not immediately available the receiving member shall notify the
supervisor of the complaint as soon as reasonably possible. The supervisor, upon contact with
the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so
that proper identification, signatures, photographs, or physical evidence may be obtained as
necessary.
A complainant shall be provided with a copy of the complaining party's statement at the time it is
filed with the Department (Penal Code § 832.7).
1011.4.3 AVAILABILITY OF WRITTEN PROCEDURES
The Department shall make available to the public a written description of the investigation
procedures for complaints (Penal Code § 832.5).
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1011.4.4 HATE COMPLAINTS AGAINST PEACE OFFICERS
Internal complaints or complaints from the public shall be accepted and investigated in accordance
with this policy where it is alleged that an officer has in the previous seven years, and since 18
years of age, engaged in membership in a hate group, participated in a hate group activity, or
advocated any public expression of hate (Penal Code § 13682).
1011.5 DOCUMENTATION
Supervisors shall ensure that all formal and informal complaints are documented on a complaint
form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.
All complaints and inquiries should also be documented in a log that records and tracks complaints.
The log shall include the nature of the complaint and the actions taken to address the complaint.
On an annual basis, the Department should audit the log and send an audit report to the Chief
of Police or the authorized designee.
The Professional Standards Lieutenant shall be responsible for maintaining the complaint log and
issuing appropriate complaint numbers for tracking purposes.
1011.6 ADMINISTRATIVE INVESTIGATIONS
In certain circumstances, investigations may be referred to an independent outside investigator
as authorized by the Chief of Police.
Allegations of misconduct will be administratively investigated as follows.
1011.6.1 SUPERVISOR RESPONSIBILITIES
In general, the primary responsibility for the investigation of a personnel complaint shall rest with
the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor
is the ultimate decision-maker regarding disciplinary action or has any personal involvement
regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that
another supervisor investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.
The responsibilities of supervisors include but are not limited to:
(a)Ensuring that upon receiving or initiating any formal complaint, a complaint form is
completed.
(a)The original complaint form will be directed to the Shift Supervisor of the accused
member, via the chain of command, who will take appropriate action and/or
determine who will have responsibility for the investigation.
(b)In circumstances where the integrity of the investigation could be jeopardized by
reducing the complaint to writing or where the confidentiality of a complainant
is at issue, a supervisor shall orally report the matter to the member's Bureau
Commander or the Chief of Police, who will initiate appropriate action.
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(b)Ensuring that the Internal Complaint Tracking Form has been completed either by the
Supervisor or the receiving member.
(c)Responding to all complainants in a courteous and professional manner.
(d)Resolving those personnel complaints that can be resolved immediately.
(a)Follow-up contact with the complainant should be made within 24 hours of the
Department receiving the complaint unless the complaint involves allegations of
a potentially serious nature
(b)Record the initial interview with the complainant.
(c)If the matter is resolved and no further action is required, the supervisor will note
the resolution on a complaint form and forward the form to the Shift Supervisor.
(e)Ensuring that upon receipt of a complaint involving allegations of a potentially serious
nature, the Shift Supervisor, PSU Lieutenant, and the Chief of Police are notified via
the chain of command as soon as practicable.
(f)Promptly contacting the Personnel Department and the Shift Supervisor for direction
regarding their roles in addressing a complaint that relates to sexual, racial, ethnic or
other forms of prohibited harassment or discrimination.
(g)Forwarding unresolved personnel complaints to the Shift Supervisor, who will
determine whether to contact the complainant or assign the complaint for investigation.
(h)Informing the complainant of the investigator's name and the complaint number (IA
number) after assignment when there is a formal investigation.
(i)Investigating a complaint as follows:
1.Making reasonable efforts to obtain names, addresses and telephone numbers
of witnesses.
2.When appropriate, ensuring immediate medical attention is provided and
photographs of alleged injuries and accessible uninjured areas are taken.
(j)Ensuring that the procedural rights of the accused member are followed (Government
Code § 3303 et seq.).
(k)Ensuring interviews of the complainant are generally conducted during reasonable
hours.
1011.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES
Whether conducted by a supervisor or a member of the Professional Standards Unit, the following
applies to members covered by the Public Safety Officers Procedural Bill of Rights Act (POBR)
(Government Code § 3303):
(a)Interviews of an accused member shall be conducted during reasonable hours and
preferably when the member is on-duty. If the member is off-duty, he/she shall be
compensated.
(b)Unless waived by the member, interviews of an accused member shall be at the San
Rafael Police Department or other reasonable and appropriate place.
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(c)No more than two interviewers should ask questions of an accused member.
(d)Prior to any interview, a member shall be informed of the nature of the investigation, the
name, rank and command of the officer in charge of the investigation, the interviewing
officers and all other persons to be present during the interview.
(e)All interviews shall be for a reasonable period and the member's personal needs
should be accommodated.
(f)No member should be subjected to offensive or threatening language, nor shall any
promises, rewards or other inducements be used to obtain answers.
(g)Any member refusing to answer questions directly related to the investigation may
be ordered to answer questions administratively and may be subject to discipline for
failing to do so.
1.A member should be given an order to answer questions in an administrative
investigation that might incriminate the member in a criminal matter only after
the member has been given a Lybarger advisement. Administrative investigators
should consider the impact that compelling a statement from the member
may have on any related criminal investigation and should take reasonable
steps to avoid creating any foreseeable conflicts between the two related
investigations. This may include conferring with the person in charge of the
criminal investigation (e.g., discussion of processes, timing, implications).
2.No information or evidence administratively coerced from a member may be
provided to anyone involved in conducting the criminal investigation or to any
prosecutor.
(h)The interviewer should record all interviews of members and witnesses. The member
may also record the interview. If the member has been previously interviewed, a copy
of that recorded interview shall be provided to the member prior to any subsequent
interview.
(i)All members subjected to interviews that could result in discipline have the right to
have an uninvolved representative present during the interview. However, in order
to maintain the integrity of each individual’s statement, involved members shall not
consult or meet with a representative or attorney collectively or in groups prior to being
interviewed.
(j)All members shall provide complete and truthful responses to questions posed during
interviews.
(k)No member may be requested or compelled to submit to a polygraph examination,
nor shall any refusal to submit to such examination be mentioned in any investigation
(Government Code § 3307).
No investigation shall be undertaken against any officer solely because the officer has been placed
on a prosecutor’s Brady list or the name of the officer may otherwise be subject to disclosure
pursuant to Brady v. Maryland. However, an investigation may be based on the underlying acts
or omissions for which the officer has been placed on a Brady list or may otherwise be subject to
disclosure pursuant to Brady v. Maryland (Government Code § 3305.5).
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1011.6.3 ADMINISTRATIVE INVESTIGATION FORMAT
Formal investigations of personnel complaints shall be thorough, complete and essentially follow
this format:
Introduction - Include the identity of the members, the identity of the assigned investigators, the
initial date and source of the complaint.
Synopsis - Provide a brief summary of the facts giving rise to the investigation.
Summary - List the allegations separately, including applicable policy sections, with a brief
summary of the evidence relevant to each allegation. A separate recommended finding should
be provided for each allegation.
Evidence - Each allegation should be set forth with the details of the evidence applicable to each
allegation provided, including comprehensive summaries of member and witness statements.
Other evidence related to each allegation should also be detailed in this section.
Conclusion - A recommendation regarding further action or disposition should be provided.
Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached
to the report.
1011.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
Unfounded - When the investigation discloses that the alleged acts did not occur or did not
involve department members. Complaints that are determined to be frivolous will fall within the
classification of unfounded (Penal Code § 832.8).
Exonerated - When the investigation discloses that the alleged act occurred but that the act was
justified, lawful and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the
complaint or fully exonerate the member.
Sustained - A final determination by an investigating agency, commission, board, hearing officer,
or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal
pursuant to Government Code § 3304 and Government Code § 3304.5 that the actions of an
officer were found to violate law or department policy (Penal Code § 832.8).
If an investigation discloses misconduct or improper job performance that was not alleged in
the original complaint, the investigator shall take appropriate action with regard to any additional
allegations.
1011.6.5 COMPLETION OF INVESTIGATIONS
Every investigator or supervisor assigned to investigate a personnel complaint or other alleged
misconduct shall proceed with due diligence in an effort to complete the investigation within one
year from the date of discovery by an individual authorized to initiate an investigation (Government
Code § 3304).
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In the event that an investigation cannot be completed within one year of discovery, the
assigned investigator or supervisor shall ensure that an extension or delay is warranted within the
exceptions set forth in Government Code § 3304(d) or Government Code § 3508.1.
1011.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS
The member conducting the investigation should provide the complainant with periodic updates
on the status of the investigation, as appropriate.
1011.7 ADMINISTRATIVE SEARCHES
Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be
searched as part of an administrative investigation upon a reasonable suspicion of misconduct.
Such areas may also be searched any time by a supervisor for non-investigative purposes, such
as obtaining a needed report, radio or other document or equipment.
Lockers and storage spaces may only be administratively searched in the member's presence, or
with the member’s consent, or with a valid search warrant or where the member has been given
reasonable notice that the search will take place (Government Code § 3309).
1011.7.1 DISCLOSURE OF FINANCIAL INFORMATION
An employee may be compelled to disclose personal financial information under the following
circumstances (Government Code § 3308):
(a)Pursuant to a state law or proper legal process
(b)Information exists that tends to indicate a conflict of interest with official duties
(c)If the employee is assigned to or being considered for a special assignment with a
potential for bribes or other improper inducements
1011.8 ADMINISTRATIVE LEAVE
When a complaint of misconduct is of a serious nature, or when circumstances indicate that
allowing the accused to continue to work would adversely affect the mission of the Department,
the Chief of Police or the authorized designee may temporarily assign an accused employee to
administrative leave. Any employee placed on administrative leave:
(a)May be required to relinquish any department badge, identification, assigned weapons
and any other department equipment.
(b)Shall be required to continue to comply with all policies and lawful orders of a
supervisor.
(c)May be temporarily reassigned to a different shift, generally a normal business-hours
shift, during the investigation. The employee may be required to remain available for
contact at all times during such shift, and will report as ordered.
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1011.9 CRIMINAL INVESTIGATION
Where a member is accused of potential criminal conduct, a separate supervisor or investigator
shall be assigned to investigate the criminal allegations apart from any administrative investigation.
Any separate administrative investigation may parallel a criminal investigation.
The Chief of Police shall be notified as soon as practicable when a member is accused of criminal
conduct. The Chief of Police may request a criminal investigation by an outside law enforcement
agency.
A member accused of criminal conduct shall be advised of his/her constitutional rights
(Government Code § 3303(h)). The member should not be administratively ordered to provide
any information in the criminal investigation.
The San Rafael Police Department may release information concerning the arrest or detention of
any member, including an officer, that has not led to a conviction. No disciplinary action should
be taken until an independent administrative investigation is conducted.
1011.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES
Upon completion of a formal investigation, an investigation report should be forwarded to the Chief
of Police through the chain of command. Each level of command should review the report and
include his/her comments in writing before forwarding the report. The Chief of Police may accept
or modify any classification or recommendation for disciplinary action.
1011.10.1 DIVISION COMMANDER RESPONSIBILITIES
Upon receipt of any completed personnel investigation, the Bureau Commander of the involved
member shall review the entire investigative file, the member's personnel file and any other
relevant materials.
The Bureau Commander may make recommendations regarding the disposition of any allegations
and the amount of discipline, if any, to be imposed.
Prior to forwarding recommendations to the Chief of Police, the Bureau Commander may return
the entire investigation to the assigned investigator or supervisor for further investigation or action.
Once the Division Commander is satisfied that no further investigation or action is required by staff,
the Division Commander may determine the amount of discipline, if any, that should be imposed.
When forwarding any written recommendation to the Chief of Police, the Bureau Commander shall
include all relevant materials supporting the recommendation. Those materials should include
case facts, administrative insight, notice of intent to discipline, and complainant disposition letter
or involved officer disposition memorandum. Actual copies of a member's existing personnel file
need not be provided and may be incorporated by reference.
1011.10.2 CHIEF OF POLICE RESPONSIBILITIES
Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall
review the recommendation and all accompanying materials. The Chief of Police may modify any
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recommendation and/or may return the file to the Bureau Commander for further investigation or
action.
In the event disciplinary action is proposed, the Chief of Police shall provide the member with a
pre-disciplinary procedural due process hearing (Skelly) by providing written notice of the charges,
proposed action and reasons for the proposed action. Written notice shall be provided within one
year from the date of discovery of the misconduct (Government Code § 3304(d)). The Chief of
Police shall also provide the member with:
(a)Access to all of the materials considered by the Chief of Police in recommending the
proposed discipline.
(b)An opportunity to respond orally or in writing to the Chief of Police within five days of
receiving the notice.
1.Upon a showing of good cause by the member, the Chief of Police may grant a
reasonable extension of time for the member to respond.
2.If the member elects to respond orally, the presentation may be recorded by
the Department. Upon request, the member shall be provided with a copy of the
recording.
Once the member has completed his/her response or if the member has elected to waive any such
response, the Chief of Police shall consider all information received in regard to the recommended
discipline. The Chief of Police shall render a timely written decision to the member and specify
the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of
Police has issued a written decision, the discipline shall become effective.
1011.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT
The Chief of Police or the authorized designee shall ensure that the complainant is notified of the
disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint (Penal Code
§ 832.7(f)).
1011.10.4 NOTICE REQUIREMENTS
The disposition of any civilian’s complaint shall be released to the complaining party within 30
days of the final disposition. This release shall not include what discipline, if any, was imposed
(Penal Code § 832.7(f)).
1011.11 PRE-DISCIPLINE EMPLOYEE RESPONSE
The pre-discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the Chief of Police after having had an opportunity to review
the supporting materials and prior to imposition of any recommended discipline. The employee
shall consider the following:
(a)The response is not intended to be an adversarial or formal hearing.
(b)Although the employee may be represented by an uninvolved representative or legal
counsel, the response is not designed to accommodate the presentation of testimony
or witnesses.
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(c)The employee may suggest that further investigation could be conducted or the
employee may offer any additional information or mitigating factors for the Chief of
Police to consider.
(d)In the event that the Chief of Police elects to cause further investigation to be
conducted, the employee shall be provided with the results prior to the imposition of
any discipline.
(e)The employee may thereafter have the opportunity to further respond orally or in
writing to the Chief of Police on the limited issues of information raised in any
subsequent materials.
1011.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE
In the event that a member tenders a written resignation or notice of retirement prior to the
imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by
itself shall not serve as grounds for the termination of any pending investigation or discipline (Penal
Code § 13510.8).
1011.13 POST-DISCIPLINE APPEAL RIGHTS
Non-probationary employees have the right to appeal a suspension without pay, punitive transfer,
demotion, reduction in pay or step, or termination from employment. The employee has the right to
appeal using the procedures established by any collective bargaining agreement, Memorandum
of Understanding and/or personnel rules.
In the event of punitive action against an employee covered by the POBR, the appeal process
shall be in compliance with Government Code § 3304 and Government Code § 3304.5.
During any administrative appeal, evidence that an officer has been placed on a Brady list or is
otherwise subject to Brady restrictions may not be introduced unless the underlying allegations
of misconduct have been independently established. Thereafter, such Brady evidence shall be
limited to determining the appropriateness of the penalty (Government Code § 3305.5).
1011.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS
At-will and probationary employees and those members other than non-probationary employees
may be released from employment for non-disciplinary reasons (e.g., failure to meet standards)
without adherence to the procedures set forth in this policy or any right to appeal. However, any
probationary officer subjected to an investigation into allegations of misconduct shall be entitled
to those procedural rights, as applicable, set forth in the POBR (Government Code § 3303;
Government Code § 3304).
At-will, probationary employees and those other than non-probationary employees subjected to
discipline or termination as a result of allegations of misconduct shall not be deemed to have
acquired a property interest in their position, but shall be given the opportunity to appear before
the Chief of Police or authorized designee for a non-evidentiary hearing for the sole purpose of
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attempting to clear their name or liberty interest. There shall be no further opportunity for appeal
beyond the liberty interest hearing and the decision of the Chief of Police shall be final.
1011.15 RETENTION OF PERSONNEL INVESTIGATION FILES
All personnel complaints shall be maintained in accordance with the established records retention
schedule and as described in the Personnel Records Policy.
1011.16 REQUIRED REPORTING TO POST
The Chief of Police or the authorized designee shall notify POST on the appropriate POST form
within 10 days of certain officer personnel events, including but not limited to (Penal Code §
13510.9):
(a)Termination or separation from employment or appointment. Separation from
employment or appointment includes any involuntary termination, resignation, or
retirement.
1.A POST affidavit-of-separation form shall be executed and maintained by the
Department and submitted to POST as required by Penal Code § 13510.9 and
11 CCR 1003.
(b)Events that could affect an officer's POST certification, such as:
1.Complaints, charges, or allegations of serious misconduct (as defined by Penal
Code § 13510.8).
2.Findings of civilian review boards.
3.Final dispositions of any investigations.
4.Civil judgments or court findings based on conduct, or settlement of a civil claim
against an officer or the San Rafael Police Department based on allegations of
conduct by an officer.
The Chief of Police or the authorized designee shall be responsible for providing POST access
to or duplication of investigation documentation (e.g., physical or documentary evidence, witness
statements, analysis, conclusions) within the applicable timeframe provided in Penal Code §
13510.9.
1011.16.1 NOTIFICATIONS TO POST FOR SERIOUS MISCONDUCT
The Chief of Police or the authorized designee shall report allegations of serious misconduct by
an officer to POST and the report shall include the following (11 CCR 1207):
(a)Name of the Department
(b)Administrative case number
(c)Name, current address, and phone number of the complainant, if available
(d)Name, POST ID, current address, and phone number of the involved officer
(e)A summary of the alleged misconduct including:
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1.A narrative of the allegations
2.Date and time of incidents
3.Location of occurrence
4.Any witness information, if available
5.Summary of arrest or indictment of involved officer
(f)A change in employment status of the involved officer (e.g., administrative leave,
suspension, termination)
(g)Name and contact information of the assigned investigator
The Chief of Police or the authorized designee shall provide updates of the investigation to POST
every 90 days until the final disposition in the method designated by POST (11 CCR 1207).
Upon completion of the investigation, the Chief of Police or the authorized designee shall submit
to POST the final disposition of the investigation as well as investigation materials and the officer's
service record as provided by 11 CCR 1207.
1011.16.2 ADDITIONAL NOTIFICATIONS TO POST FOR SERIOUS MISCONDUCT
Additional notification shall be made to POST (11 CCR 1207):
(a)If the imposed disciplinary action is pending appeal or other review through an
administrative or judicial proceeding:
1.The Department shall provide the name of the body conducting the proceeding.
2.The status of the proceeding, if known.
(b)If criminal charges are pending:
1.The name of the court having jurisdiction over the criminal charges against the
officer.
2.The status of the criminal case, if known.
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
March 20,
2024 Item 3A
TITLE: SAN RAFAEL POLICE DEPARTMENT RECRUITMENT AND SELECTION
PLAN
RECOMMENDATION: Provide feedback.
BACKGROUND:
At the February 21, 2024, meeting of the Police Advisory and Accountability Committee, the
Committee heard a presentation that provided background on the recruitment challenges facing the
San Rafael Police Department (SRPD or Department), a summary of the Department's current
staffing levels and demographics, and an overview of the Department's current recruitment efforts
and selection process. During the meeting, Committee member Alm expressed interest in seeing
the City's Recruitment Plan described in the SRPD Policy 1000, Recruitment and Selection. City
staff noted that the Plan was in draft form and committed to bringing the Recruitment and Selection
Plan to the Committee after the Police Chief and City Manager had reviewed it. We are seeking
your feedback on the Recruitment and Selection Plan at today's meeting. In addition, staff can
respond to any questions related to the February 21, 2024, PAAC meeting.
DISCUSSION:
The Recruitment and Selection Plan is a two-year plan intended to guide the SRPD's efforts to
recruit and attract members to the Department. The Recruitment and Selection Committee Plan is
structured around the following goals:
·Goal 1: Recruit and Hire a Diverse Workforce
·Goal 2: Optimize Technology in Recruitment Efforts
·Goal 3: Personalize the Recruitment Process
·Goal 4: Develop a Recruitment Brand
·Goal 5: Recruit from Within
·Goal 6: Provide Recruitment Incentives
Please note that much of the background and context in the Recruitment and Selection Plan was
presented by City staff at the February 21, 2024, meeting. Therefore, staff recommends that the
Committee direct its feedback on the recruitment goals contained in the Plan.
This section was intentionally left blank.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Submitted by:
Scott Eberle
Lieutenant, San Rafael Police Department
ATTACHMENTS:
1.SRPD Recruitment and Selection Plan
2.Item 3A, Police Advisory and Accountability Committee, February 21, 2024
Sworn-Recruitment Plan 2024-2026
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1
(THIS PAGE INTENTIONALLY LEFT BLANK)
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Table of Contents
Introduction ......................................................................................................................................... 4
Department Staffing Overview ...................................................................................................... 4
Historical Data………………………………………………………………………………………………..5
Marin County Staffing………………………………………………………………………………………6
Staffing breakdown by race and gender………………………………………………………………7
Internal Factors Affecting Recruitment & Retention ........................................................................ 8
Anticipated Retirements ................................................................................................................. 8
Internal Recruitment Efforts............................................................................................................. 8
Recruitment Budget ........................................................................................................................ 8
Testing and Hiring Process .............................................................................................................. 8
External Factors Affecting Recruitment & Retention ........................................................................ 9
Salary and Compensation ............................................................................................................. 9
Attitudes, Perceptions, and Portrayals Toward Police ............................................................... 10
Pension Reform .............................................................................................................................. 10
Recruitment Goals ............................................................................................................................ 11
Goal 1: Recruit and Hire a Diverse Workforce ............................................................................ 11
Objective 1: Recruit Applicants who Represent the City’s Demographic Population…….11
Objective 2: Recruit Female Police Officers ............................................................................ 11
Objective 3: Recruit Current and Former Military Personnel .................................................. 12
Goal 2: Optimize Technology in Recruitment Efforts .................................................................. 13
Objective 1: Create and Launch a Recruitment Website ..................................................... 13
Objective 2: Contemporize and Expedite the Hiring Process ............................................... 13
Objective 3: Create a Recruitment Video .............................................................................. 14
Objective 4: Create Engaging Social Media Recruitment Campaigns .............................. 14
Goal 3: Personalize the Recruitment Process ............................................................................. 15
Objective 1: Provide Concierge Service to Prospective and Current Applicants .............. 15
Goal 4: Develop a Recruitment Brand ........................................................................................ 16
Objective 1: Utilize Traditional Print Advertising ...................................................................... 16
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3
Goal 5: Recruit from Within ........................................................................................................... 16
Objective 1: Leverage Police Cadet Programs ...................................................................... 16
Objective 2: Conduct Focus Group Studies with Current Police Officers ............................ 17
Goal 6: Provide Recruitment Incentives ...................................................................................... 17
Objective 1: Implement Financial Incentives to Entice Applicants ...................................... 17
Conclusion ......................................................................................................................................... 18
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Introduction
Across the United States, law enforcement agencies are facing unprecedented staffing
shortages and challenges in recruiting and retaining qualified employees. Many factors
have contributed to these challenges, including:
• Increases in retirements, resignations, and attrition
• Fewer applicants
• Negative attitudes, perceptions, and portrayals toward police
• Lengthy hiring processes
• Low entry-level salaries
• Increased competition between police agencies
This plan is designed to guide recruitment efforts for sworn positions within the San Rafael
Police Department over the next two years. It will provide an overview of current staffing
levels, identify factors affecting recruitment and retention of sworn employees, and serve to
establish goals, objectives, initiatives, and strategies for the future. Recruitment efforts guided
by this plan will focus on maintaining a staffing level at or above 90% with a goal of being
fully staffed (100%) by the end of 2026.
Department Staffing Overview
As of February 1, 2024, the San Rafael Police Department has 57 of the 68 budgeted sworn
Figure 1: Sworn staffing breakdown by position, as of February 1, 2024
Position Vacant Filled Budgeted
Police Chief 0 1 1
Police Captain 0 2 2
Police Lieutenant 0 4 4
Police Sergeant 0 9 9
Police Corporal 5 4 9
Police Officer 6 37 43
Total 10 58 68
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Figure 2: Sworn staffing five-year historical data
Year Hired Separated Net
2018 4 9 - 5
2019 7 10 - 3
2020 10 4 + 6
2021 3 5 -2
2022 8 6 +2
2023 9 17 -8
6 Year Total 41 51 - 10
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Figure 3: Marin County Staffing as of February 1st, 2024
Agency Number of
sworn officers
budgeted
Number of
openings
Number off
work or on
light duty
due to injury
Number at
Academy
Number on
FTO
Total number not
currently working at
solo officer status
MCSO 197 5
(2.5% of
FTE)
13 8 11 37
(18.8% of FTE)
San Rafael 68 10
(14.7% of
FTE)
5 5 5 25
(36.7% of FTE)
Novato 60 2
(3.3% of
FTE)
3 2 1 8
(13.3% of
FTE)
Central
Marin
42 8
(19.0% of
FTE)
0 1 0 9
(21.4% of FTE)
Mill Valley 22 2
(9.1% of
FTE)
2 1 1 6
(27.3% of FTE)
Sausalito 18
(+2 frozen)
3
(16.6% of
FTE)
0 1 1 8
(27.7% of FTE)
Tiburon 14 0
(0.0% of
FTE)
0 1 0 1
(7.1%% of
FTE)
Fairfax 11
(+1 frozen)
2
(18.2% of
FTE)
0 0 0 2
(18.2% of FTE)
Ross 8 1
(12.5% of
FTE)
1 0 0 2
(25.0% of FTE)
Belvedere 7 1
(14.3% of
FTE)
1 0 0 2
(28.6% of
FTE)
*As of February 1, 2024
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Figure 4: Sworn staffing breakdown by gender, as of February 1, 2024
Gender % of Sworn
2014
# of Sworn
2/1/24
% of Sworn
2/1/24
Difference
(2024 vs
2014)
Male 85% 46 80% -5%
Female 15% 12 20% +5%
Figure 5: Sworn staffing breakdown by race, as of February 1, 2024
Race % of
Sworn
2014
# of
Sworn
2/1/24
% of
Sworn
2/1/24
Difference
(2024 vs
2014)
City
Population1
African
American
1.7% 1 1.7% 0% 1.6%
Asian 6.3% 2 3.4% -2.9% 6.3%
Caucasian 85.7% 40 68.9% -16.8% 55.8%
Hispanic 7.9% 15 25.4% 17.5% 32.5%
1 Data provided by the United States Census Bureau, https://www.census.gov/quickfacts/fact/table/sanrafaelcitycalifornia#
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Internal Factors Affecting Recruitment & Retention
Anticipated Retirements
Figure 6 shows that of the remaining classic PERS employees (3% at 55 retirement formula), 3
are currently eligible for retirement this year with an additional 9 employees eligible for
retirement in the next three to five years. This equates to roughly 20% of the current workforce
that could potentially retire from the organization by the year 2029.
Figure 5: Sworn staffing breakdown by age, as of February 1, 2024
Age # of Sworn % of Sworn
55 in 1-2 Years 3 5.2%
55 in 3-5 years 9 12%
Total (over 50) 12 20.7%
Internal Recruitment Efforts
Studies have shown that many current law enforcement officers were drawn to the profession
by friends or family within law enforcement. Although a dedicated outreach and recruitment
team has been established, every member of the Department is a potential recruiter and
should be supportive of recruitment efforts.
Recruitment Budget
Every effort is made to capitalize on no-cost recruitment advertising options. However,
budget constraints can limit expenditures when it comes to recruitment. The Department
remains selective in appropriating funds to recruitment efforts that will yield the best results.
Testing and Hiring Process
Research has shown that lengthy testing and hiring processes have deterred potential
candidates from applying or caused them to accept positions with other agencies whose
hiring processes are more expeditious. The Department conducts numerous testing on a
monthly basis. Candidates must pass the written exam through the Post Entry Level Law
Enforcement Test Battery (PELLET-B), the physical agility course, and a panel interview before
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9
moving into the background phase. The regular testing has allowed the Department to
maintain a semi constant flow of applicants in the hiring process.
External Factors Affecting Recruitment & Retention
Salary and Compensation
During contract negotiations, the San Rafael Police Association (SRPA) meets with the City of
San Rafael and agrees upon a 10-city salary comparison survey to show how San Rafael
Police salaries compare to those of surrounding agencies. Historically, the Department has
fallen somewhere in the middle of this survey.
Low salaries are one of the most oft-cited reasons for not entering careers in law
enforcement. Competition between law enforcement agencies in hiring qualified
candidates becomes even more challenging when there is a significant and less-than
favorable discrepancy in salary.
As competition between police agencies intensifies, many organizations are now offering
hiring incentives and bonuses to not only attract new applicants, but also to entice current
police officers to leave their respective agency for higher pay and better benefits. Common
incentives include signing bonuses, relocation reimbursements, salary increases for further
education, shift differential pay, housing assistance, tuition reimbursement, and multilingual
pay.
Figure 6: 10-city survey showing compensation and hiring incentives based on Officer Salary, as of February 1,
2024
Agency Officer Monthly Salary
Budgeted Sworn Hiring Incentive
Alameda PD $11,515 88 Yes - $75k for Lateral Officer
Fairfield PD $9,974 126 No
Hayward PD $11,438 197 Yes- $10,000 for traininees
Napa PD $11,514 76 Yes - $15k for Lateral Officer
Novato PD $8,923 60 Yes- $20,000 for Lateral Officer
San Rafael PD $10,301 68 Yes- $25,000 for Lateral
Santa Rosa PD $10,131 190 Yes- $25,000 for Lateral Officer
South San Francisco PD $11,818 83 Yes - $5, 000 for Lateral Officer
Vallejo PD $9,813 132 No
Marin Sheriff $10,826 202 Yes- $10,000 for Lateral Officer
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Attitudes, Perceptions, and Portrayals Toward Police
Controversial incidents involving law enforcement across the United States have led to
scrutiny, distrust, demand for accountability, and movements to reform modern-day policing.
Negative attitudes, perceptions, and portrayals toward law enforcement has made it
difficult for police agencies to attract new applicants and retain current police officers.
The San Rafael Police Department is not unlike other agencies and has had to reexamine
and change established policies and procedures to align with new laws and changes to the
policing profession. Additionally, new legislation has been enacted that is focused on
strengthening policing responsibility and accountability guidelines, raising eligibility
standards, and banning harmful techniques. Increased scrutiny has led to lower morale, an
increase in early retirements and resignations, and a steep decline in the number of
applicants pursuing a career in law enforcement.
Pension Reform
The California Public Employees’ Pension Reform Act (PEPRA) has led to a decline in police
applicants, as those hired on or after January 1, 2013 must work longer for less compensation
at retirement age. In addition, many agencies, San Rafael included, has classic PERS
members paying into their own pension, which has led to earlier retirements.
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11
Recruitment Goals
Goal 1: Recruit and Hire a Diverse Workforce
Objective 1: Recruit Applicants who Represent the City’s Demographic Population
Initiative: The San Rafael Police Department is committed to hiring a culturally diverse
workforce which represents the demographics of the community our police officers serve.
Strategies:
1.2.1 Focus recruitment efforts and campaigns on diverse communities inside and outside of
San Rafael.
1.2.2 Attend job and career fairs in diverse communities inside and outside of San Rafael.
1.2.3 Liaison with high schools and colleges known for diversity to identify potential
candidates who are interested in a career in law enforcement.
1.2.4 Partner with local and county community groups, athletic programs, and recruitment
services to identify potential candidates who are interested in a career in law
enforcement.
1.2.5 Liaison with private security firms to identify potential candidates who are interested in
a career in law enforcement.
1.2.6 Establish and maintain a diverse recruitment team.
Evaluation Criteria: Review quarterly reports from human resources and testing showing the
demographic breakdown of applicants by race. Continue to compare current sworn
demographics to the City of San Rafael demographic population.
Objective 2: Recruit Female Police Officers
Initiative: The San Rafael Police Department seeks to hire more female police officers. Historically,
statistics show that female applicants have failed out of the process because they were unable to
successfully complete the physical agility exam.
Strategies:
1.1.1 Attract female applicants by spotlighting current female San Rafael Police Officers in
advertising and social media campaigns.
1.1.2 Attend events focused specifically on female recruitment and career development.
1.1.3 Consider joining the “30x30” initiative – a pledge to increase the participation of
women in law enforcement to 30% by the year 2030.
1.1.4 Provide practice sessions for the physical agility course to help female candidates
develop the techniques necessary to be successful.
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1.1.5 Establish and maintain a recruitment team that includes female police officers.
Evaluation Criteria: Review quarterly reports showing the number of female applicants, pass/fail rate,
and when applicable, where in the hiring process female candidates failed.
Objective 3: Recruit Current and Former Military Personnel
Initiative: The San Rafael Police Department should seek to recruit candidates who have fulfilled
their military obligations and are interested in a law enforcement career.
Strategies:
1.3.1 Utilize current police officers who are former military to contact military colleagues
and identify potential applicants.
1.3.2 Establish relationships with military recruiters in the area.
1.3.3 Attend job fairs specifically geared towards the military.
1.3.4 Visit military bases and provide recruitment material and personalized recruitment
services.
1.3.5 Consider offering incentives specific to military applicants.
Evaluation Criteria: Keep statistics on military applicants and maintain data on new hires and current
sworn personnel who are former military.
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Goal 2: Optimize Technology in Recruitment Efforts
Objective 1: Create and Launch a Recruitment Website
Initiative: The San Rafael Police Department’s current recruitment website is outdated. A more
contemporary website focused solely on recruitment would align with other agency’s current
recruitment efforts.
Strategies:
2.1.1 Develop a contemporary and mobile friendly “one-stop shop” website for potential
candidates that outlines the hiring process, provides detailed information on salary,
benefits, and career opportunities, provides direct links to apply, and allows
candidates to communicate directly with recruiters and Department staff.
2.1.2 Use the recruitment website address on all social media, marketing, and recruitment
materials.
2.1.3 Add the recruitment website to current staff business cards.
Evaluation Criteria: Review the number of visits to the website, the number of direct inquiries
received from potential candidates, and query applicants on how helpful the website was in the
process.
Objective 2: Contemporize and Expedite the Hiring Process
Initiative: Expedite the hiring process using cloud-based personal history questionnaires.
Strategies:
2.2.1 Evaulate and research additional vendors that provide online police exams.
2.2.2 Maintain monthly, year-round testing with support from City of San Rafael Human
Resources.
2.2.3 Assure the validity of, and periodically audit all testing instruments.
2.2.4 Look into a partnership with online companies that allows applicants to complete
personal history questionnaires (PHQs) and submit all necessary documentation
electronically to the Department. A platform that also tracks progress and allows
investigators to move through background checks in an efficiently
2.2.5 Continue to keep the majority of background investigations contracted with outside
investigators.
Evaluation Criteria: Compare the length of San Rafael’s hiring process to other agencies
especially for applicants who are in the process with more than one police department.
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Objective 3: Create a Recruitment Video
Initiative: Develop a contemporary recruitment video that will attract new police applicants.
Strategies:
2.3.1 Create a recruitment video that personalizes the law enforcement profession and
represents the strong sense of community in San Rafael.
2.3.2 Avoid a militarized and/or tactical theme.
2.3.3 Liaison with the City PIO office to produce, film, and edit the project.
2.3.4 Consider making multiple short vignettes spotlighting different employees of the
Department.
2.3.5 Create a video that represents the diversity of the Department.
2.3.6 Launch video on all social media platforms, including YouTube and City accounts.
Evaluation Criteria: Analyze the number of views the video receives and query applicants on how
much of an effect the video had on their decision to apply with San Rafael.
Objective 4: Create Engaging Social Media Recruitment Campaigns
Initiative: Exploit Department social media pages for recruitment campaigns.
Strategies:
2.4.1 Post regular recruitment ads on Facebook, Instagram, Twitter, and any other
accessible platform.
2.4.2 Create unique social media content that personalizes the profession and spotlights
current San Rafael police officers.
2.4.3 Create social media content that demonstrates the diversity of the San Rafael Police
Department.
2.4.4 Create social media content that promotes community policing efforts.
2.4.5 Post content on sites that offer free job postings such as California P.O.S.T. and LinkedIn.
2.4.6 Continue posting recruit and lateral job postings on GovernmentJobs.com and
CalOpps through City of San Rafael HR accounts.
2.4.7 Appropriate funds from the recruitment budget on a quarterly basis to “boost” and
promote social media recruitment campaigns through paid advertising.
Evaluation Criteria: Track the engagement of social media posts and increases in followers.
Query applicants on how much social media played in their decision to apply with San Rafael.
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Goal 3: Personalize the Recruitment Process
Objective 1: Provide Concierge Service to Prospective and Current Applicants
Initiative: The recruitment staff should personally engage with each potential applicant interested in
a career with San Rafael prior to and throughout the hiring process.
Strategies:
3.1.1 Establish a professional relationship with those interested in pursuing a career with the
San Rafael Police Department and provide them with the necessary tools for success.
3.1.2 Respond immediately to prospective applicants to answer any questions and
address any concerns they may have.
3.1.3 Provide guidance in the hiring process and ensure applicants understand
requirements and application deadlines.
3.1.4 Offer station tours and opportunities to ride with current police officers (schedule
permitting) to prospective applicants prior to them starting the hiring process.
3.1.5 Be accommodating to lateral police officer applicants who have scheduling
conflicts with their current agency.
3.1.6 Host hiring workshops/PELLETB exams to provide prospective candidates with
opportunities to ask questions, engage in conversation with current police officers, and
participate in practical exercises such as mock oral interviews.
3.1.7 Expand recruitment and broaden the applicant pool by establishing relationships
with local colleges and universities, especially those with criminal justice programs,
and offer to provide instruction and guidance in the pursuit of a law enforcement
career.
Evaluation Criteria: Determine the success rate of applicants who established a professional
connection with a recruiter prior to testing compared to those who did not.
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Goal 4: Develop a Recruitment Brand
Objective 1: Utilize Traditional Print Advertising
Initiative: Develop traditional print advertising material with contemporary branding and imagery.
Strategies:
4.1.1 Create traditional flyers with easy-to-read information outlining salary and benefits and
providing QR codes with links to apply.
4.1.2 Outfit the patrol vehicle fleet with “Now Hiring” bumper stickers with the recruitment
website address.
4.1.3 Develop recruitment business cards with the concept of consolidating information
traditionally found on a full-page flyer into a compact format that can be easily
carried and distributed by police officers.
Evaluation Criteria: Query applicants on the impact print advertising had on their decision to
apply with San Rafael.
Goal 5: Recruit from Within
Objective 1: Leverage Police Cadet Programs
Initiative: The Department’s Police Cadet programs should be used as a recruitment pipeline for
current and future vacancies.
Strategies:
5.1.1 Maintain a robust Police Cadet program comprised of individuals interested in
a law enforcement career with San Rafael.
5.1.2 Market opportunities to become a police Cadet in the Colleges and high schools
throughout the school year and during career days, job fairs, work experience courses,
etc.
5.1.3 Focus on succession planning and developing police cadets into Officers.
5.1.4 Structure the cadet programs to provide academic, physical fitness, and technical
training, as well as instruction on developing team building, leadership skills, and self-
discipline.
Evaluation Criteria: Track progress in the recruitment and achievements of police cadets, and
the success rate of each becoming a police officer.
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Objective 2: Conduct Focus Group Studies with Current Police Officers
Initiative: Interview current police officers on the topic of recruitment.
Strategies:
5.2.1 Speak with current San Rafael police officers on what led them to apply with San Rafael.
5.2.2 Identify what challenges current San Rafael police officers see with recruitment.
5.2.3 Solicit input from current police officers on recruitment ideas.
5.2.4 Identify internal issues and concerns with morale and work culture that could have a
negative impact on employee retention. Solicit input and develop strategies to
remedy these issues.
5.2.5 Include current San Rafael police officers in recruitment campaigns and efforts.
5.2.6 Evaluate the current Reserve Program to identify candidates who are interested in, and
qualified for a full-time peace officer certification.
Evaluation Criteria: Document information and implement strategies derived from focus groups.
Goal 6: Provide Recruitment Incentives
Objective 1: Implement Financial Incentives to Entice Applicants
Initiative: Consider implementing financial incentives for recruit and lateral police officers as well as
a bonus for current personnel who recruit new police officers.
Strategies:
6.1.1 Offer a hiring bonus of an agreed upon amount to new recruits, to be paid in increments.
6.1.2 Offer a hiring bonus of an agreed upon amount to lateral police officers, to be paid in
increments.
6.1.3 Offer a hiring bonus of an agreed upon amount to military personnel, to be paid in
increments.
6.1.4 Offer benefit incentives such as increased vacation and/or sick time for lateral police
officers.
6.1.5 Offer a bonus for current Department employees who recruit new police officers.
Evaluation Criteria: Compare the number of applicants and candidates hired following the
implementation of hiring incentives compared to statistics prior to offering incentives.
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Conclusion
The recruitment goals contained in this plan are critical to the success and future of the San
Rafael Police Department. Each goal, objective, initiative, and strategy will be reviewed to
ensure its effectiveness in the Department’s mission to hire a diverse workforce of police
officers to better serve the San Rafael community. The Sworn Recruitment Plan is a living
document and will be updated as necessary, based on the needs of the organization.
The Community Outreach and Professional Services Unit(PSU) Lieutenant will oversee the
implementation of this Sworn Recruitment Plan and track its progress. The Lieutenant will also
be responsible for providing regular updates to the Chief of Police and command staff.
Open Time for Public Expression
Correspondence attached
From:Mary Nahorniak
To:PAAC; Mayor Kate
Cc:Angela Robinson Piñon; Lindsay Lara
Subject:The police PAAC must be given true authority and oversight
Date:Monday, March 4, 2024 1:07:17 PM
Dear Mayor Colin and the Police Advisory and Accountability Committee,
I write to voice some concerns with the PAAC that has been created for the SRPD. I would
like to echo the concerns of alternate committee member Salamah Locks as noted in this
Marin IJ article: that "community" be part of the name of the panel, that it include someone
with a "less-than-positive" experience with law enforcement, and that the committee have the
ability to take action and not be simply an advisory panel. Her call-outs are clear and correct,
and they are what the community asked for after the summer 2022 brutal beating of Julio
Jiminez Lopez in the Canal area. I understand that the bylaws were approved, and I also know
that they can be amended to create a board with real authority, as the community requested.
Additionally, electing the former chief law enforcement official, former District Attorney
Paula Kamena, erodes community trust and makes the committee centered around law
enforcement rather than community-centered. I ask that you reverse this decision and do not
allow more than one member with a law enforcement background to be on the panel at a time.
Many community members demanded transparency, accountability and a pathway to building
trust -- how does this committee and SRPD plan to do this?
Respectfully,
Mary Nahorniak
Member of SURJ (Showing Up for Racial Justice) Marin
From:Jonathan Knight
To:Jonathan Knight
Subject:Police Oversight Committee in San Rafael
Date:Monday, March 4, 2024 1:19:18 PM
I am hopeful that the process is moving forward to create oversight for the San Rafael Police.
It has been a long process and hopefully it will be concluded soon with an effective body in
place. I am concerned that the current draft is not quite there yet. There seems to be too much
involvement from law enforcement in the process and in the draft body. This risks the work of
the advisory committee not being trusted by the community. If it feels like the committee is
not transparent or adequately representing the people most impacted by policing, then the
work will be for not. A weak committee, or a committee that has no real power, erodes the
trust in all of city government. I have heard from community members that have felt left out of
the process and already don't feel represented in this effort at accountability. There is a chance
still to correct course and create the trust that is crucial for the success of the Advisory
Ccommittee.
--
Jonathan Knight