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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Shasta County Grand Jury
• 2001-2002
Railroad Operations in Shasta County Background/reason for Investigation:
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 10 findings
F1
Page 68
Federal regulations {49 C.F.R. 213.9(a)} adopted under the Federal Railroad Safety Act of 1970 establish the maximum allowable operating speeds for all freight and passenger trains for each class of track on which they travel. The maximum allowable operating speed increases with each class of track, with ranges from Class l to Class 9.
F2
Page 68
Union Pacific railroad tracks traveling through Shasta County, including Redding, are Class 4 tracks. The maximum allowable speed for Class 4 tracks is 60 mph for freight trains and 80 mph for passenger trains.
F3
Page 68
Federal law regarding train speed limits preempts any local ordinance.
F4
Page 68
The 1965 City of Redding ordinance limiting train speeds to 45 mph through the city limits has been preempted by federal law and, therefore, is not binding on the railroad.
F5
Page 68
The above notwithstanding, the Union Pacific Railroad has established, by internal policy, a maximum speed limit of 45 mph for all trains traveling through the downtown Redding area.
F6
Page 71
The RPD Commendation or Complaint brochure provides information on other means of recourse if a complainant is dissatisfied with the results of an investigation. The other means referenced include contacting the City Council, City Manager, District Attorney’s Office, the California Department of Justice or the Federal Bureau of Investigation. The brochure does not reference the Grand Jury as an alternate means of recourse.
F7
Page 71
Statistical data on the number of commendations received is not maintained by RPD. However, during the calendar year 2001, the Redding Police Department replied to over 100 letters of appreciation or commendation on behalf of its employees.
F8
Page 72
It is Department policy, when recruiting new officers, to have a member of the public participate on the interview selection panel. In addition to the police academy, successful applicants are required to complete a 10 to 17 week in-house orientation and training program before being allowed to patrol unaccompanied.
F9
Page 72
Police officer recruitment has become more challenging with fewer candidates applying for RPD openings than in previous years. However, some officers are opting to transfer from urban areas at a substantial cut in pay in exchange for the rural life style of the north state.
F10
Page 72
RPD has adopted a “Ride-Along” program that provides the general public an opportunity to ride with a patrol officer for several hours during the normal course of duties. This program enables the participant a first-hand look at local law enforcement in action. Participants must complete a Release of Liability Agreement prior to the ride along.
Recommendations 1
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R1Page 681. In light of more recent federal regulations, the Grand Jury recommends the City of Redding review its 1965 ordinance limiting train speeds. If warranted, the City of Redding should consider repealing said ordinance. RESPONSE REQUIRED: Redding City Council REDDING POLICE DEPARTMENT REASON FOR INVESTIGATION: California Penal Code Section 925a provides that the Grand Jury may at any time examine the books and records of any incorporated city located in the county. Since the Redding Police Department (RPD) had not been the subject of a general investigation for over ten years, the Grand Jury felt it timely to conduct a review with emphasis on citizen complaints and the internal affairs investigation process. Section 832.5(a) of the Penal Code requires, “Each department or agency in this state which employs peace officers shall establish a procedure to investigate citizen’s complaints against the personnel of such departments or agencies, and shall make a written description of the procedure available to the public.” BACKGROUND: The mission of the Redding Police Department is to work in partnership with the community to protect life and property, solve neighborhood problems, and enhance the quality of life in our city. RPD employs 110 sworn peace officers along with 50 full time and 20 part-time civilian staff. The Chief of Police is appointed by and reports to the City Manager. Departmental organization consists of three divisions: Field Operations, Investigations, and Administrative Services, each overseen by a Division Commander with the rank of Captain. RPD’s annual budget of $15.2 million for the 2001/02 fiscal year represents 35% of Redding’s general fund budget. METHOD OF INVESTIGATION: The Grand Jury interviewed: • Redding Chief of Police • RPD Division Commanders • A Shasta County Public Defender • A private investigator • A Shasta County deputy district attorney • A private criminal defense attorney • Shasta County Jail management The Grand Jury obtained and reviewed: • General Orders Manual, Redding Police Department • Instructions Manual, Redding Police Department • Redding Police Department’s Mission Statement • Department organizational charts • Redding Crime Statistics Reports • Redding Police Department informational brochures • Statistical data regarding complaints for the past five years • Statewide citizen complaint statistics • Five typical internal investigation files selected at random FINDINGS: 1. The Redding Police Department has prepared a written description of the department’s procedures to investigate complaints along with instructions on how to commend or complain about a police department employee. The Commendation or Complaint brochure is available in the lobby of RPD. 2. Formal complaints are investigated in accordance with Penal Code Section 832.5 and established RPD procedures. The supervisor taking the complaint provides the complainant with a copy of their statement. The complainant is required to sign a Personnel Complaint and Procedures Report, which defines the right to make a complaint and the law regarding false accusations. The complaint is assigned to an investigating officer who conducts an inquiry and prepares a report of findings. The Chief of Police reviews and approves the results of all internal affairs investigations. Complainants are notified of the disposition of the complaint in writing; however, any disciplinary actions taken against the officer are confidential. The Grand Jury found the internal affairs investigation process to be professional, thorough, objective and well documented. 3. Of the 48 citizen complaints investigated in the past five years, ten were sustained and discipline administered; the remaining 38 were either exonerated, not sustained, or unfounded. The following table is a summary of citizen complaints filed against RPD for the past five calendar years: Year Citizen Complaints Sustained 1997 17 5 1998 11 3 1999 4 2 2000 9 0 2001 7 0 Five-Year Total 48 10 4. During the past five years, the RPD averaged 10 citizens’ complaints per year. The annual statewide rate for citizen complaints against peace officers averaged 57 complaints per 100,000 population, with eight being sustained. 5. Pursuant to section 13020 of the Penal Code, the Redding Police Department must report to the State Attorney General at the end of each calendar year regarding the disposition of citizen complaints. 6. The RPD Commendation or Complaint brochure provides information on other means of recourse if a complainant is dissatisfied with the results of an investigation. The other means referenced include contacting the City Council, City Manager, District Attorney’s Office, the California Department of Justice or the Federal Bureau of Investigation. The brochure does not reference the Grand Jury as an alternate means of recourse. 7. Statistical data on the number of commendations received is not maintained by RPD. However, during the calendar year 2001, the Redding Police Department replied to over 100 letters of appreciation or commendation on behalf of its employees. 8. It is Department policy, when recruiting new officers, to have a member of the public participate on the interview selection panel. In addition to the police academy, successful applicants are required to complete a 10 to 17 week in-house orientation and training program before being allowed to patrol unaccompanied. 9. Police officer recruitment has become more challenging with fewer candidates applying for RPD openings than in previous years. However, some officers are opting to transfer from urban areas at a substantial cut in pay in exchange for the rural life style of the north state. 10. RPD has adopted a “Ride-Along” program that provides the general public an opportunity to ride with a patrol officer for several hours during the normal course of duties. This program enables the participant a first-hand look at local law enforcement in action. Participants must complete a Release of Liability Agreement prior to the ride along. RECOMMENDATIONS: Redding Police Department’s Commendation or Complaint brochure should also reference the Shasta County Grand Jury as an alternate means of recourse. RESPONSE REQUIRED: The Redding City Council RESPONSE INVITED: The Redding Chief of Police COMMENDATIONS: The Redding Police Department is a professional, well-managed and progressive organization that provides exceptional public safety for the community