What do police complaints trigger? Here’s how Modesto-area agencies investigate
As police accountability discussions continue across the nation, how law enforcement agencies handle misconduct allegations has come under scrutiny.
In Stanislaus County, agencies follow California law requiring a set procedure to investigate citizen complaints against police officers, sheriff’s deputies and other personnel.
The Modesto Bee examined the complaint policies for the Stanislaus County Sheriff’s Department, as well as police departments in the three largest cities: Modesto, Turlock and Ceres. In the past year, the Sheriff’s Department received an average of about three personnel complaints a month, Capt. Anthony Bejaran said in an email.
The agencies assign either the internal affairs unit or the supervisor of the accused personnel to investigate complaints. Per state policy, they must make every effort to complete investigations one year after receiving a complaint and must notify complainants of the outcome within 30 days of determining it.
How the departments process complaints is largely the same, with some differences.
How to submit a complaint against an officer in Stanislaus County
Members of the public can submit complaints in person, in writing, by email or by phone. The Sheriff’s Department as well as Modesto, Turlock and Ceres police each provide a complaint form on their websites and encourage people to fill them out. If filing a Sheriff’s Department complaint more than 30 days after an incident occurred, residents are asked to explain the delay.
Complaints can involve, but aren’t limited to, allegations of excessive use of force, sexual harassment, use of illegal drugs and discrimination, according to the Modesto Police policy. While agencies typically categorize those subjects as formal complaints warranting an investigation, complaints can be informal if they involve alleged conduct that does not violate department rules or local, state, and federal law.
Examples of informal complaints include rudeness and differences of opinion between residents and officers regarding enforcement. Supervisors respond to informal complaints and may clarify department procedures instead of starting an administrative investigation.
Who handles investigations and what they do
Who conducts an investigation varies among departments and protocol can change when employees file internal complaints against coworkers. For the Sheriff’s Department, the immediate supervisor of the accused personnel handles the investigation unless the supervisor filed an internal complaint, was personally involved in the alleged misconduct, or is responsible for determining any disciplinary action at the end of the process. A member of the Internal Affairs Unit may do the investigation, which involves interviewing the complainant, any witnesses and the accused officer.
At the Modesto Police Department, Lt. Aaron Tait said Internal Affairs handles almost all citizen complaints. He said the unit, which he works for, takes an average of four months to investigate a complaint and works independently from the rest of the agency.
“It’s the unit that’s designed to hold our organization and the city accountable and allow as much transparency as we possibly can,” Tait said.
Meanwhile, the Turlock Police Chief assigns either the Division Commander or the Professional Standards Unit to investigate formal complaints, according to the agency’s policy. The process may involve gathering evidence, searching an officer’s assigned desk or vehicle, as well as tests for alcohol or drugs if there is reasonable suspicion of misconduct.
If a citizen makes serious criminal allegations, the chief may request an outside law enforcement agency conduct a separate criminal investigation. Otherwise a separate detective may investigate criminal allegations separately from the administrative investigation, per policy.
The Ceres Police Chief likewise may direct the administrative sergeant to investigate severe complaints, while a watch commander or patrol lieutenant investigates less serious allegations, Sgt. Greg Yotsuya said in an email. If the chief decides to put accused personnel on administrative leave, the subject of the investigation may be reassigned to a different shift.
How alleged misconduct investigations can end
The results can be generally classified primarily in four ways:
- Sustained: The investigation determined sufficient evidence showed the act occurred and qualifies as misconduct.
- Not sustained: The investigation determined there is not enough evidence to sustain the complaint or fully exonerate the member.
- Exonerated: The investigation determined the alleged act occurred, but was justified, lawful, or proper.
- Unfounded: The investigation determined the alleged acts did not occur or department employees were not involved.
- Other: This additional designation used by Modesto Police includes situations where an employee was only a witness.
Disciplinary actions after an investigation can range from a verbal warning, counseling letter, letter of reprimand, suspension from duty, demotion and termination, Yotsuya said. Every complaint investigation can prompt a change in training and department policy, Tait said.
While the process for classifying results and making disciplinary recommendations varies among the Sheriff’s Department and the three police departments, the sheriff or chief usually has the final say.
For the Sheriff’s Department, the investigative report goes up the chain of command for review until the division commander or discipline review board make recommendations on the conclusion. The division commander of the accused Turlock Police employee also gives recommendations to the chief after the Special Operations Division Commander checks how thorough an investigative report is.
The four agencies must tell complainants about the investigation’s outcome, but not any disciplinary information, within 30 days of the final decision. The conclusion isn’t necessarily the only notification, however, as Modesto and Ceres policies encourage investigators to provide periodic status updates.
Further questions about how the Sheriff’s Department and Modesto Police handle citizen complaints can be directed to their internal affairs units, at 209-567-4455 and 209-572-9615 respectively.
This story was originally published June 30, 2020 at 7:06 AM.
