Public Complaint Process
The Monterey Police Department recognizes it is
critical that we maintain our credibility with the Community as a
professional organization in order to garner the trust, respect, and
support of the people we serve.
To achieve this goal, the
Department employs an internal complaint and quality control system
whereby objectivity, fairness, and justice are assured through
comprehensive, impartial investigations and administrative review. It
is hoped that this process will help:
-
Determine
causes of problems relating to human relations;
-
Remedy
deficiencies, including faulty practices or procedures;
-
Ensure
that proper corrective action is taken;
-
Protect
department personnel from unwarranted criticism; and
-
Provide a
factual basis to defend the City in the event of civil litigation.
Our process reflects
laws that are in place to protect both the Department team member and
the person making an allegation of sub-standard performance or
misconduct. It is our policy that the processing of complaints and any
related investigation is conducted in a fair, objective, and impartial
manner with the goal of establishing the facts and getting to the truth
of the matter. California law specifies that information regarding
personnel complaints is highly confidential and is not to be released
unless there is a compelling business necessity to do so.
UNDERSTANDING THE COMPLAINT PROCESS
Community members making complaints
in person at the Police Department will be requested to meet with a
supervisor to discuss their concerns. If the community member is unable
to meet with a supervisor or chooses not to, they will be asked to give
their name, address, and telephone number so a supervisor can contact
them as soon as possible.
A person making a complaint to a supervisor will be given the option of
having the supervisor handle the matter informally with the employee or
request a MPD Public Complaint Form. This form is provided to
members of the public who wish to file a formal written complaint
against a member of the Department. We will accept Public Complaint
Forms via mail, fax, or other means of delivery; however, we prefer to
meet with members of the public to resolve concerns as expeditiously as
possible. Individuals may ask for the form from the Police Department to
return later, should they choose not to meet with a supervisor.
We take allegations of
misconduct and substandard performance of our employees very seriously
and recognize that community members must have the ability to freely
express their concerns and complaints about the Police Department.
The majority of complaints
we receive are not the result of deliberate acts of misconduct by Police
Department employees. Instead, they are more often issues related to
miscommunication, attitudinal concerns, or factual or judgment disputes
when officers enforce the law by making an arrest or issuing a citation.
Typically, we are able to resolve these types of public complaints by
meeting with the concerned employee for additional training and
coaching.
Complaints that involve
misconduct by Department employees are fully investigated following a
formal process. A senior police manager reviews these allegations of
misconduct and assigns a supervisor or mid-manager to conduct the formal
investigation of this type of complaint. The Chief of Police reviews the
completed investigation, determines the appropriate finding and, if
warranted, what discipline to impose. The subject employee is afforded
all due process rights as required by law throughout the course of the
investigation.
It is important to
understand that all complaints are considered confidential personnel
matters/records and, as such, the Department is prohibited by law (Penal
Code Section 832.7) from releasing such information to the public. Upon
completion of an investigation, we notify complaining parties and
provide them with a prescribed disposition, identifying whether the
allegation(s) was sustained, not sustained, exonerated, or unfounded.
The complaint process is one
aspect of our service to the community that facilitates the maintenance
of our professional standards, while at the same time promotes and
advances our primary function of keeping the Community safe and secure
for all citizens.
We hope that through these
efforts we are able to more fully impress upon the public that the
members of the Monterey Police Department are committed to our Vision
“of being the best public service agency on the Central Coast”, and also
to fulfilling our Mission – “Responsive to All, Second to None, Every
Time”. |