1. Policing the Police

The availability of forms for making citizen complaints for some police departments could be improved. All twelve police departments met the basic requirement that they establish a procedure to investigate complaints by members of the public against their police personnel. As Exhibit 1 shows, only three of the police departments had clear signage showing the location of complaint forms in the police station. None of the police departments had signage in languages other than English. All twelve of the police departments had complaint forms available in their police stations. However, the complaint form was only freely available at five of the police departments. For the other seven police departments, a person wanting to make a complaint would have to request the complaint form. This request may be made to the police personnel at the reception area or may require the person to obtain the form from a police supervisor or the watch commander. This practice may tend to discourage persons from making a complaint. However, the rationale provided by most police departments for this practice was to ensure there was not a simple misunderstanding rather than an actual complaint. Others stated that they encourage persons making complaints to talk with a supervisor or the watch commander, so they can get a complete and intelligible statement, including any evidence such as video or photos. Only four of the police departments had complaint forms available at other public facilities like city hall, libraries, and community centers. One police department stated that forms were also available through the local chapter of the National Association for the Advancement of Colored People (NAACP). 14 2017-2018 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT Exhibit 1 Availability of Citizen Complaint Forms Signage Access to Complaint Form Website Signage in Other Police Clear Police Freely Multiple Multiple Multiple Public English Department Signage Station Available Languages Languages Languages Facilities Bell Gardens No No Yes No No Yes No No Burbank Yes No Yes Yes Yes Yes Yes Yes Culver City No No Yes No No Yes No No El Monte No No Yes No No Yes No No Glendale No No Yes No Yes Yes Yes Yes Inglewood Yes No Yes Yes No Yes Yes Yes Pasadena Yes No Yes Yes Yes Yes Yes Yes Pomona No No Yes No Yes No Yes No San Fernando No No Yes Yes No Yes No No South Gate No No Yes No No Yes Yes No Torrance No No Yes Yes No Yes Yes Yes West Covina No No Yes No No No No No Two of the police departments provide the complaint form in English only. Ten of the police departments provided complaint forms in multiple languages that included English, Spanish, Armenian, Japanese, Korean, Chinese, French and Indonesian. Some departments stated that if a person wants to file a complaint and does not speak English they will provide an interpreter. Five of the police departments did not provide the complaint form on their website. Of the seven that did provide the complaint form on their website, all but one provided the complaint form in multiple languages. B. Convenience of Making Citizen Complaints For a citizen police complaint system to be effective, it should be fairly convenient and straightforward for an individual to make a police complaint. This includes providing multiple ways for a complaint to be filed, including in person, through the mail, by telephone, or completing the complaint form online. It also includes allowing persons to make complaints anonymously.

The convenience of making citizen complaints could be improved for some police departments. As Exhibit 2 shows, all the police departments accepted complaints in person. All but one police department (San Fernando) accepts complaints through either the mail or telephone. San Fernando accepts complaints by mail, but does not accept complaints over the telephone. Only two of the police departments (Burbank and Torrance) had a capability on their website to file a complaint. Some people may want to remain anonymous when making a complaint. Anonymous complaints can provide valuable information. As Exhibit 2 shows, all of the police departments 2017-2018 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 15 allow persons making a complaint to remain anonymous, although all encourage them to identify themselves, so they can get statements and information from them and follow up with them. Exhibit 2 Convenience of Making Citizen Complaints Ways of Making Complaints Police Department In Person By Mail By Telephone Online Anonymously Bell Gardens Yes Yes Yes No Yes Burbank Yes Yes Yes Yes Yes Culver City Yes Yes Yes No Yes El Monte Yes Yes Yes No Yes Glendale Yes Yes Yes No Yes Inglewood Yes Yes Yes No Yes Pasadena Yes Yes Yes No Yes Pomona Yes Yes Yes No Yes San Fernando Yes Yes No No Yes South Gate Yes Yes Yes No Yes Torrance Yes Yes Yes Yes Yes West Covina Yes Yes Yes No Yes C. Admonitions/Warnings on Citizen Complaint Forms Some individuals may be reluctant to file a complaint for fear of reprisal from the officer or officers they are complaining against or the police department itself. Ideally, the complaint form and process should not in any way intimidate or discourage persons from making complaints.

Some police departments include admonitions/warnings that may intimidate or discourage persons from making complaints on complaint forms or related materials. As Exhibit 3 shows, two police departments (South Gate and Torrance) include the warning, Penal Code 148.6, that a complainant making a false claim against a police officer can be prosecuted for a misdemeanor. As Exhibit 3 shows, only one police department (Torrance) includes the warning from California Civil Code 47.5, which indicates that a peace officer may bring a civil action for defamation against an individual who has filed a complaint with the officers employing agency alleging misconduct, criminal conduct, or incompetence, if the complaint is false, the complaint was made with the knowledge that it was false and that it was made with spite, hatred or ill will. The knowledge that the complaint was false may be proven by a showing that the complainant had no reasonable ground to believe the statement was true and that the complainant exhibited a reckless disregard for ascertaining the truth. 16 2017-2018 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT Exhibit 3 Warnings When Making Citizen Complaints False Claim Defamation Perjury Possible Polygraph Police Department Warning Warning Warning Warning (PC146.8) (CC47.5) Bell Gardens No No No No Burbank No No No No Culver City No No No No El Monte No No No No Glendale No No Yes No Inglewood No No No No Pasadena No No Yes No Pomona No No No No San Fernando No No No No South Gate Yes No No No Torrance Yes Yes No No West Covina No No No Yes Another warning against making a false claim is that requiring the complaint form be signed under “penalty of perjury.” Two police departments (Glendale and Pasadena) include such statements on their complaint forms. The Glendale form states: “I declare under penalty of perjury that the statements I have made are truthful and accurate to the best of my ability.” The Pasadena Police complaint form states: “I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing information I have provided regarding this complaint is true and correct”. Perjury can be charged as a misdemeanor or a felony. A final warning that may intimidate or discourage persons from making complaints is the potential to be subjected to a polygraph examination. Only one police department (West Covina) includes this warning. The West Covina Police complaint brochure states: “In certain cases where we can't find the truth any other way, you may be asked to take a polygraph examination. The same is true for our officers.” D. Communication with Complainants A meaningful and effective citizen police complaint system requires clear and thorough communication with those making complaints. A key element of this communication is information on the procedure for receiving and investigating complaints. The California Penal Code Penal Code 832.5(a)(1) requires that every police department 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. 2017-2018 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 17

The Bell Gardens and San Fernando police department were not in compliance with the requirement that they make a written description of the procedure for investigating complaints available to the public. As shown in Exhibit 4, ten of the police departments had written descriptions of the procedure available to the public as required by the penal code. Two police departments (Bell Gardens and San Fernando) had no written procedures available and are not in compliance with the Penal Code 832.5(a)(1) requirement. Effective communication with complainants also requires that complainants have an opportunity to provide complete information on the incident that generated the complaint. This requires that the complaint form include all the pertinent information, including a description of what occurred to generate the complaint.

The El Monte and South Gate police department complaint form do not provide an opportunity for the complaining party to provide a statement or description of what occurred to generate the complaint. As Exhibit 4 shows, ten of the police department’s complaint forms included the appropriate content, including a description of what occurred to generate the complaint. The complaint form for two police departments (El Monte and South Gate) did not provide an opportunity for the complaining party to provide a statement or description of what occurred to generate the complaint. Ideally, persons making a complaint would have the ability to make a complaint without attempts to resolve the complaint prior to it being accepted and logged. As Exhibit 4 shows, ten of the police departments attempt to resolve complaints prior to them being accepted and logged. When asked for the rationale for this practice one police department stated: “When people come into the lobby and say they want to make a complaint about an officer and a watch commander is available, we have face time with them. Often time complaints are about why did they get a ticket or why was my son arrested, and so forth. This face times allows for an explanation and many times the person is satisfied. We don’t like to load our complaint log with items that have nothing to do with policy violations or criminal violations.” Two police departments stated they do not make such attempts to resolve complaints prior to their acceptance and logging. The California Penal Code 832.7(b) requires that each police department receiving a citizen complaint release to the complaining party a copy of their statement, in his or her own words, at the time the complaint is filed. 18 2017-2018 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT