Cal. Code Regs. Tit. 9, § 4325 - Complaints Against Police Officers

(a) Each facility may require individuals and the public that complain against a police officer employed by the hospital to set forth such complaint in writing. The facility may offer an optional complaint form. The optional complaint form and the written complaint shall include the following information:

1. The written complaint shall include at least the following information:

a. Name and contact information of the complainant

b. Name and contact information of witnesses to the event

c. Information about the location of the incident

d. Information about the officer or officers involved

e. A description of the event or incident that led the complainant to file the form

f. Relevant time or date information which relates to the incident.

g. Signature of the complainant and date of signature

h. Any other relevant information about the event or incident that led the complainant to file the form

(b) An investigation of each complaint shall be initiated within a reasonable time after receipt based on and subject to staffing limitations and workloads, and the complexity of the complaint. The investigation shall consist of the following procedures:

1. Examination of relevant documents

2. Interviewing relevant witnesses

3. Interviewing the complaining party and the peace officer who was implicated in the complaint

4. Examining other relevant evidence

(c) The disposition of the investigation shall be one of the following four findings based on the outcome of the investigation:

1. Unfounded--The action complained of did not occur, or the employee accused was not involved.

2. Exonerated--The action complained of did occur, but was justified, lawful and/or proper.

3. Not Sustained--The investigation failed to confirm the validity of the allegation.

4. Sustained--The action complained of occurred, and it was improper, unlawful, or unacceptable.

Notes

Cal. Code Regs. Tit. 9, § 4325

1. New section filed 8-9-2010; operative 8-9-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 33).

Note: Authority cited: Sections 4005.1, 4027 and 4101, Welfare and Institutions Code. Reference: Sections 832.5 and 832.7, Penal Code.

1. New section filed 8-9-2010; operative 8-9-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 33).