What is a Complaint

The complaints alleged here represent the opinions of the author.  Investigation into circumstances, actions, and findings continually evolve so please be mindful that some of the content found here might still be a work in progress.

What is a Complaint: The Free Existence ; PoliceCrimes.com

California Penal Code 832.5(a)(1) (state law) demands each department or agency in this state that employs peace officers shall establish a procedure to investigate complaints by members of the public against personnel of these departments or agencies, and shall make a written description of the procedure available to the public.  (source: leginfo.ca.gov)

Subsection 832.5(b) of the law directs that complaints and any report or findings relating to these complaints shall be retained for a period of at least five years.  All complaints retained pursuant to this subdivision may be maintained either in the peace or custodial officer’s general personnel file or in a separate file designated by the department or agency as provided by department or agency policy, in accordance with all applicable requirements of law.  However, prior to any official determination regarding promotion, transfer, or disciplinary action by an officer’s employing department or agency, the complaints described by subdivision (c) shall be removed from the officer’s general personnel file and placed in a separate filed designated by the department or agency, in accordance with all applicable requirements of law.

Subsection 832.5(c) states complaints by members of the public that are determined by the peace or custodial officer’s employing agency to be frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or unfounded or exonerated, or any portion of a complaint that is determined to be frivolous, unfounded, or exonerated, shall not be maintained in that officer’s general personnel file. However, these complaints shall be retained in other, separate files that shall be deemed personnel records for purposes of the California Public Records Act Division 7 of Title 1.

  • Frivolous: (1) Unworthy of serious attention; trivial. (2) Inappropriately silly.
  • Unfounded: Not based on fact or sound evidence; groundless.
  • Exonerated: (1) To free from blame. (2) To free from responsibility, obligation or task.