In all, the Civil Grand Jury completed detailed inspections of the condition & management of

Complaint procedures regarding how to file a complaint against a department employee are available on the LAPD’s website.52 The Complaint Form used by the LAPD was last updated in July, 2012 (see APPENDIX B).

Since 2001, the Section 148.6 Advisement has not been printed or made available to civilians filing a complaint with the LAPD. 48 https://csm.ca.gov/history.php 49 https://csm.ca.gov/matters/00-TC-26/20.pdf 50 https://csm.ca.gov/matters/00-TC-26/5.pdf 51 https://csm.ca.gov/decisions/00tc24pg.pdf 52 https://www.lapdonline.org/information-on-how-to-file-a-complaint/ 119 7.2 California Civil Code 47.5 is not cited by either LAPD or LASD

Section 47.5 is cited to the public by other law enforcement agencies; the Riverside County Sheriff’s Department is an example.53 The Civil Grand Jury was unable to find any advisement regarding Section 47.5 contained anywhere within LAPD’s or LASD’s complaint process. 7.3 There is no general admonition cited or requested on Complaint Forms

There is no language contained in any part of LAPD’s or LASD’s Complaint Forms, or noted in the complaint process, that seeks to deter anyone from filing a knowingly false complaint. Some law enforcement agencies; the Orange County Sheriff’s Department for example,54 include an advisement on their complaint form stating: “By signing this form, I certify that the statements contained in it are true and correct to the best of my knowledge and belief.” 7.4 Complaint Form and procedures need to be operational – LASD

The Department webpage containing the LASD Personnel Complaints Policy has not been operational since at least September 2021.55 It is unknown when that information might become available to the public again.56 7.5 Current Problems with LASD information and datasets – Handbook

The current Service Comment Report Handbook: Handling Public Complaints is seriously out of date with the copy furnished to the CGJ by the LASD dated June 23, 2011. Also, according to the LASD Discovery Unit, a revised and updated Handbook is expected to be published during the latter half of 2022. 7.6 Current problems with LASD information and datasets – complaint resolution categories need to be more compatible with California Codes

Under the CPC, the categories for complaint resolution are as follows: Sustained, Not-Sustained, Unfounded, and Exonerated. These categories do not match those used by LASD, which are: Conduct Appears Reasonable, Conduct Could Have Been Better, Conduct should Have Been Different, Exonerated, Pending, Resolved – Conflict Resolution, Service Only – Review Complete – No Further Action, Unable to Determine, Service Review Terminated. This lack of conformity makes it difficult to get an accurate depiction when comparing State and County complaint data. This is one of the issues the Federal Monitor is working to resolve beginning 53 https://www.riversidesheriff.org/663/Transparency 54 https://www.ocsheriff.gov/sites/ocsd/files/2021-10/Complaint%20Form-English.pdf 55 https://lasd.org/pdfjs/web/PublicComplaintsDT.pdf 56 https://lasd.org/public-complaint/; https://lasd.org/commendation complaint.html 120 with the Antelope Valley Sheriff’s area. Once completed and resolved it will then be expanded to the remaining areas of the LASD. 7.7 Current problems with LASD information and datasets – overlap

There is no consistent and easily understandable process for identifying the various resolution categories of complaints received by the LASD. This often leads to complaints being misclassified, or complaint classifications that don’t match with State of California definitions. 7.8 Both LAPD and LASD need more accurate data to truly reflect the cost incurred from processing and investigating knowingly false complaints.

The cost amounts that are recovered from the State of California via the SB 90 Mandated Costs Program are only a partial recovery of expenditures. Every cost item that can be recovered, should be recovered, inclusive of management expenditures to incidental costs. Currently, there isn’t a centralized methodology, database, or mechanism to document the total associated and/or recoverable costs of investigating knowingly false complaints. 7.9 Indirect Costs need to be more clearly defined and calculated

Recovery of costs through the SB 90 mandated program is limited. At the local level, every cost that is remotely connected to investigating and processing a knowingly false complaint needs to be identified and added to the cost recovery efforts. 7.10 LAPD and LASD do not provide financial assistance to officers and deputies bringing defamation actions.

Since there is currently no process in place for officers or deputies bringing an action for defamation under California Civil Code Section 47.5 to receive reimbursement for legal costs directly from their department, or as an employee benefit that would cover the cost of filing a legal action against the person making a knowingly false complaint, officers or deputies, due to litigation cost concerns, may be dissuaded from taking action, even if it has merit.