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Findings 7 findings
F1
Marin County law enforcement agencies have procedures for Citizen Complaints that could act as deterrents to participation in the complaint process.
F2
Some Marin County law enforcement agencies employ procedures and admonitions that have been held to be unconstitutional.
F3
Some Marin County law enforcement agencies’ complaint procedures require face-to-face contact with law enforcement officers, which may deter citizens from using the Citizen Complaint process.
F4
Not all Marin County law enforcement agencies provide written policies, procedures and Citizen Complaint forms in English and Spanish.
F5
Not all Marin County law enforcement agencies accept and investigate anonymous Citizen Complaints.
F6
Information about and access to the Citizen Complaint procedure is difficult to find on Marin County law enforcement agency websites.
F7
Marin County law enforcement agencies do not publish the number, the nature or the disposition of Citizen Complaints. U.S, Department of Justice Office of Community Oriented Policing Services, Standards and Guidelines for Internal Affairs (2009)
Recommendations 14
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R1Every Marin County law enforcement agency should have a clear and full description of the law enforcement agency’s policy and procedures for handling Citizen Complaints on its website that is accessible by a direct link from the law enforcement agency’s home page to a clearly identified “Citizen Complaints” folder.
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R2All Marin County law enforcement agencies should accept the filing of Citizen Complaints online.
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R3A clear and full description of the law enforcement agency’s policy and procedures along with forms for filing Citizen Complaints should be available to the public in the lobby of each law enforcement agency.
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R4Written policies and procedures, as well as Citizen Complaint forms, should be available to the public in English, Spanish and other languages appropriate to the community.
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R5Marin County law enforcement agency personnel should be trained in the agency’s Citizen Complaint policy and procedures in order to fully describe them to members of the public.
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R6All public-facing law enforcement personnel should present an open and welcoming attitude to any inquiry about the Citizen Complaint process.
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R7No policy, procedure or form for handling Citizen Complaints should have any language based in whole or in part on California Penal Code Section 148.6 and/or California Civil Code of Civil Procedure Section 47.5, nor should a complainant be required to acknowledge that they have read and understood such language.
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R8A person who initiates a Citizen Complaint should not be required to verify or certify the contents of the complaint form.
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R9The identification of the complainant on the Citizen Complaint form should be optional.
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R10The signature of the complainant should not be required on the form.
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R11Anonymous Citizen Complaints, and complaints initiated by minors, should be accepted and investigated in accordance with the agency’s procedures.
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R12Members of the public who desire information regarding a law enforcement agency’s policy, procedures and Citizen Complaint forms should not be required to discuss their involvement, identity or situation before the materials are provided.
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R13All Marin County law enforcement agencies should incorporate within their policies and procedures an appeal process that allows the complainant to appeal the disposition to an entity outside of the law enforcement agency.
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R14Marin County law enforcement agencies should publish on their websites and annually update the number, nature and disposition of Citizen Complaints.