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A complaint is an expression of dissatisfaction with the conduct or services
of a San Jose Police Officer or disagreement with a San Jose Police Department
(SJPD) policy. The complaint must involve violations of the law or of the SJPD
policies and procedures. A complaint involves an administrative process where
discipline may be imposed by the SJPD.
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Who may file a complaint? |
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Any member of the public may file a complaint. The complaint should contain
allegations of misconduct by a San Jose police officer.
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When may a complaint be filed? |
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With only a few exceptions a complaint must be filed within a year of the
date when the incident occurred.
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Where may a complaint be filed? |
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A complaint may be filed at the Office of the Independent Police Auditor (IPA)
(408) 794-6226 or at the Internal Affairs Unit of the Police Department (408) 277-4094.
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How is a complaint filed? |
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A complaint may be initiated by contacting the IPA by phone, letter, electronic mail,
or in person. However, the complainant must be available for an interview and to sign
some required forms.
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Who conducts the investigation? |
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Regardless of where the complaint is initiated, either at the IPA or the Internal Affairs Unit,
it is always investigated by Internal Affairs (IA) and monitored by the IPA. Typically,
the investigator will retrieve police reports and other physical evidence if available.
The investigator will usually interview the complainant, witnesses and the subject officer(s).
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How are the allegations proven? |
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The allegations must be proven by a preponderance of the evidence. This means that,
considering all the evidence, it must be more likely than not that the misconduct occurred.
If the allegations are proven, the case will be sustained and discipline may be imposed on
the subject officer.
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How much time does it take to complete a case? |
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If the complaint involves allegations where the complainant required emergency medical care (Class I),
the investigation should be completed within 180 days of the filing of the complaint.
All other cases (Class II) should be completed within 300 days or less.
Complainants receive periodic written notice of the status of their case and once the case
is completed, the investigator will notify the complainant of the finding in the case.
The complainants may call the IA or the IPA office with questions about their case.
State law prohibits the IPA or the IA from revealing details of the investigation to the
complaint; however, the IPA is privy to this confidential information. The IPA monitors
the case through the investigative stage and after the investigation is completed will
review the file to insure that the evidence supports the finding and that the investigation
was conducted in an objective, thorough, and fair manner. If the IPA does not concur with
an investigation or its findings the IPA will appeal the case to the City Manager to whom
the Chief of Police reports to. The IPA is an independent office that reports directly to
the Mayor and City Council.
