Law Enforcement Public Complaint Procedures*

Conclusions 40

• CL1 Page 22
  The Sunnyvale Department of Public Safety does not make all of their complaint materials available in all Department of Public Safety websites operated by the City of Sunnyvale.
• CL2 Page 22
  The Sunnyvale Department of Public Safety does not make multilingual complaint materials freely available in hard copy form in their lobby.
• CL3 Page 22
  The Sunnyvale Department of Public Safety complaint materials include reference to the unconstitutional California Penal Code Section 148.6 criminal advisory.
• CL4 Page 17
  The Milpitas Police Department does not make all of their complaint materials available on-line and also freely available in hard copy form in their lobby. 10
• CL5 Page 16
  The Campbell Police Department makes their complaint procedure available only in hard copy form in their lobby.
• CL6 Page 16
  The Campbell Police Department makes their complaint procedure available only in English.
• CL7 Page 16
  The Gilroy Police Department makes their complaint materials available only upon request.
• CL8 Page 16
  The Gilroy Police Department makes their multilingual complaint materials available only upon request.
• CL9 Page 17
  The Los Altos Police Department makes all of their multilingual complaint materials available on-line and also freely available in hard copy form in their lobby.
• CL10 Page 17
  The Los Altos Police Department complaint form includes reference to the unconstitutional California Penal Code Section 148.6 criminal advisory.
• CL11 Page 17
  The Los Gatos/Monte Sereno Police Department does not make all of their complaint materials available on-line and also freely available in hard copy form in their lobby.
• CL12 Page 17
  The Los Gatos/Monte Sereno Police Department complaint materials are only available in English.
• CL13 Page 18
  The Milpitas Police Department does not make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby.
• CL14 Page 18
  The Morgan Hill Police Department does not make their complaint materials freely available in hard copy form in their lobby.
• CL15 Page 18
  The Morgan Hill Police Department complaint materials are available only in English.
• CL16 Page 18
  The Morgan Hill Police Department complaint materials include reference to the unconstitutional California Penal Code Section 148.6 criminal advisory and language that mirrors the California Civil Code Section 47.5 civil advisory.
• CL17 Page 19
  The Mountain View Police Department does not make all of their complaint materials available on-line and also freely available in their lobby in hard copy form.
• CL18 Page 19
  The Mountain View Police Department complaint materials are available only in English.
• CL19 Page 19
  The Mountain View Police Department complaint materials include reference to the unconstitutional California Penal Code Section 148.6 criminal advisory.
• CL20 Page 20
  The San Jose Police Department complaint form provides little guidance to the complainant about what information is needed.
• CL21 Page 20
  The San Jose Police Department does not make all of their complaint materials freely available in hard copy form in all of their lobbies.
• CL22 Page 20
  The San Jose Police Department does not make all of their multilingual complaint materials available on-line and also freely available in hard copy form in all their lobbies.
• CL23 Page 20
  The Santa Clara Police Department does not make all complaint materials available on- line and also freely available in hard copy form in their lobby.
• CL24 Page 21
  The Santa Clara Police Department does not make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby.
• CL25 Page 21
  The Office of the Sheriff does not make their complaint materials freely available in hard copy form in all their lobbies.
• CL26 Page 21
  The Office of the Sheriff does not make multilingual complaint materials freely available in hard copy form in all their lobbies.
• CL27 Page 21
  The Office of the Sheriff complaint materials include language that mirrors California Civil Code Section 47.5 civil advisory.
• CL28 Page 21
  The Sunnyvale Department of Public Safety on-line complaint form provides little guidance to the complainant about what information is needed. 14
• CL29 Page 14
  California Penal Code Section 832.5 requires entities that employ peace officers to establish a procedure: To investigate complaints from the public against their personnel . To make a written description of the complaint procedure available to the public 0 The Grand Jury reviewed and assessed the procedures established by the Office of the Sheriff and the municipal law enforcement agencies within the county for receiving complaints regarding their personnel. The report was prepared using the responses of a survey addressed to and answered by 12 jurisdictions, email clarifications when necessary, a review of their websites, and on-site visits to their offices. All law enforcement agencies surveyed have a procedure to address complaints from the public. Through agencies' responses, web searches, and on-site visits, the Grand Jury determined that the availability to the public of the complaint procedure varied by jurisidiction. Differences between agency were: (a) access to complaint materials in hard copy form or on-line; (b) the existence of a complaint form; and (c) the availability of multilingual complaint materials. 7
• CL30 Page 15
  The Grand Jury recommends that agencies make their complaint materials - complaint procedure and complaint form - available on-line and freely available in hard copy form in their lobby. Additionally, the Grand Jury recommends that agencies make their complaint materials available in multiple languages reflective of their community. The Grand Jury noted that the cities of Campbell and Santa Clara do not provide complaint forms. Complaint forms, when they exist, vary widely among agencies. With the goal of collecting all relevant complaint information, the Grand Jury recommends that all agencies make available a detailed complaint form on-line and freely available in hard copy form in their lobby. The Grand Jury found that the complaint materials of some agencies include reference to California Penal Code Section148.6, which has been held unconstitutional and/or language similar to California Civil Code Section 47.5, which has been called into question. Continued reference to these code provisions presents a risk that citizens will be intimidated and deterred from from filing legitimate complaints. As a result, problems may go unidentifed and uncorrected. The Grand Jury recommends that offending agencies remove reference to California Penal Code Section 148.6 and/or language similar to California Civil Code Section 47.5 from their complaint materials. 8
• CL31 Page 16
  Findings and Recommendations Finding 1 The Campbell Police Department makes their complaint procedure available only in hard copy form in their lobby. Recommendation 1a The Campbell Police Department should make their complaint procedure available on- line. Recommendation 1b The Campbell Police Department should make a complaint form available on-line and also freely available in hard copy form in their lobby. Finding 2 The Campbell Police Department makes their complaint procedure available only in English. Recommendation 2 The Campbell Police Department should make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 3 The Gilroy Police Department makes their complaint materials available only upon request. Recommendation 3 The Gilroy Police Department should make their complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 4 The Gilroy Police Department makes their multilingual complaint materials available only upon request. Recommendation 4 The Gilroy Police Department should make their multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. 9
• CL32 Page 17
  Finding 5 The Los Altos Police Department makes all of their multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. Recommendation 5 None Finding 6 The Los Altos Police Department complaint form includes reference to the unconstitutional California Penal Code Section 148.6 criminal advisory. Recommendation 6 The Los Altos Police Department should remove reference to the unconstitutional California Penal Code Section 148.6 criminal advisory from their complaint form. Finding 7 The Los Gatos/Monte Sereno Police Department does not make all of their complaint materials available on-line and also freely available in hard copy form in their lobby. Recommendation 7 The Los Gatos/Monte Sereno Police Department should make their complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 8 The Los Gatos/Monte Sereno Police Department complaint materials are only available in English. Recommendation 8 The Los Gatos/Monte Sereno Police Department should make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 9 The Milpitas Police Department does not make all of their complaint materials available on-line and also freely available in hard copy form in their lobby. 10
• CL33 Page 18
  Recommendation 9 The Milpitas Police Department should make their complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 10 The Milpitas Police Department does not make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. Recommendation 10 The Milpitas Police Department should make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 11 The Morgan Hill Police Department does not make their complaint materials freely available in hard copy form in their lobby. Recommendation 11 The Morgan Hill Police Department should make their complaint materials freely available in hard copy form in their lobby. Finding 12 The Morgan Hill Police Department complaint materials are available only in English. Recommendation 12 The Morgan Hill Police Department should make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 13 The Morgan Hill Police Department complaint materials include reference to the unconstitutional California Penal Code Section 148.6 criminal advisory and language that mirrors the California Civil Code Section 47.5 civil advisory. Recommendation 13 The Morgan Hill Police Department should remove reference to the unconstitutional California Penal Code Section 148.6 advisory and the language that mirrors the California Civil Code Section 47.5 civil advisory from their complaint materials. 11
• CL34 Page 19
  Finding 14 The Mountain View Police Department does not make all of their complaint materials available on-line and also freely available in their lobby in hard copy form. Recommendation 14 The Mountain View Police Department should make their complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 15 The Mountain View Police Department complaint materials are available only in English. Recommendation 15 The Mountain View Police Department should make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 16 The Mountain View Police Department complaint materials include reference to the unconstitutional California Penal Code Section 148.6 criminal advisory. Recommendation 16 The Mountain View Police Department should remove reference to the unconstitutional California Penal Code Section 148.6 criminal advisory from their complaint materials. Finding 17 The Palo Alto Police Department does not make their complaint materials freely available in hard copy form in their lobby. Recommendation 17 The Palo Alto Police Department should make their complaint materials freely available in hard copy form in their lobby. Finding 18 The Palo Alto Police Department does not make multilingual complaint materials freely available in hard copy form in their lobby. 12
• CL35 Page 20
  Recommendation 18 The Palo Alto Police Department should make multilingual complaint materials freely available in hard copy form in their lobby. Finding 19 The San Jose Police Department complaint form provides little guidance to the complainant about what information is needed. Recommendation 19 The San Jose Police Department should add content guidance to their complaint form. Finding 20 The San Jose Police Department does not make all of their complaint materials freely available in hard copy form in all of their lobbies. Recommendation 20 The San Jose Police Department should make their complaint materials freely available in hard copy form in all their lobbies. Finding 21 The San Jose Police Department does not make all of their multilingual complaint materials available on-line and also freely available in hard copy form in all their lobbies. Recommendation 21 The San Jose Police Department should make all of their multilingual complaint materials available on-line and also freely available in hard copy form in all their lobbies. Finding 22 The Santa Clara Police Department does not make all complaint materials available on- line and also freely available in hard copy form in their lobby. Recommendation 22 The Santa Clara Police Department should make all complaint materials available on- line and also freely available in hard copy form in their lobby. 13
• CL36 Page 21
  Finding 23 The Santa Clara Police Department does not make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. Recommendation 23 The Santa Clara Police Department should make multilingual complaint materials available on-line and also freely available in hard copy form in their lobby. Finding 24 The Office of the Sheriff does not make their complaint materials freely available in hard copy form in all their lobbies. Recommendation 24 The Office of the Sheriff should make their complaint materials freely available in hard copy form in all their lobbies. Finding 25 The Office of the Sheriff does not make multilingual complaint materials freely available in hard copy form in all their lobbies. Recommendation 25 The Office of the Sheriff should make multilingual complaint materials freely available in hard copy form in all their lobbies. Finding 26 The Office of the Sheriff complaint materials include language that mirrors California Civil Code Section 47.5 civil advisory. Recommendation 26 The Office of the Sheriff should remove the language that mirrors California Civil Code Section 47.5 civil advisory from their complaint materials. Finding 27 The Sunnyvale Department of Public Safety on-line complaint form provides little guidance to the complainant about what information is needed. 14
• CL37 Page 22
  Recommendation 27 The Sunnyvale Department of Public Safety should add content guidance to their on- line complaint form. Finding 28 The Sunnyvale Department of Public Safety does not make all of their complaint materials available in all Department of Public Safety websites operated by the City of Sunnyvale. Recommendation 28 The Sunnyvale Department of Public Safety should make their complaint materials available in all Department of Public Safety websites operated by the City of Sunnyvale. Finding 29 The Sunnyvale Department of Public Safety does not make multilingual complaint materials freely available in hard copy form in their lobby. Recommendation 29 The Sunnyvale Department of Public Safety should make multilingual complaint materials freely available in hard copy form in their lobby. Finding 30 The Sunnyvale Department of Public Safety complaint materials include reference to the unconstitutional California Penal Code Section 148.6 criminal advisory. Recommendation 30 The Sunnyvale Department of Public Safety should remove reference to the unconstitutional California Penal Code Section 148.6 criminal advisory from their complaint materials. 15
• CL38 Page 23
  Appendix A California Penal Code Section 832.5 (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. 16
• CL39 Page 24
  This report was PASSED and ADOPTED with a concurrence of at least 12 grand jurors on this 4^{th} day of June, 2013. Steven P. Mc Pherson Forenerson Foreperson Lyn H. Jønnson Foreperson pro tem Chester F. Hayes Foreperson pro tem Thins Vientes Francis A. Stephens Secretary . 17 131
• CL40
  山田学等1件。 Honorable Gregory Scharff MayorCity of Palo Alto250 Hamilton AvenuePalo Alto, CA 94301 Santa Clara CountyCivil Grand Jury191 North First Street San Jose, CA 95113 . ٠

Agency Responses 6

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

No Responses Found 4

Government entities assigned to respond to this report. No response documents have been linked in our database.