Internal Affairs Unit Compliment and Complaint Process
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Compliments and Commendations
Everyone enjoys receiving recognition for their efforts and there is no question that most of the 1800 employees of the San Jose Police Department are doing an outstanding job in our fast growing city.
We realize that many of our residents and visitors to San Jose would like to know how to compliment our employees for a job well done.
Compliments and Commendations, either verbal or written, are one of the best ways to let our employees know that you appreciate their good work and extraordinary customer service. A commendation for an employee of the San Jose Police Department is most often sent to the Chief of Police. You may also advise the employee's supervisor or a Watch Commander. Your compliments may be made in person, by phone, by email or fax, or through a letter or informal note to the San Jose Police Department.
A compliment or commendation may address any event that you feel demonstrates any effort on the part of the employee that deserves special recognition. This may include such acts as: unusual courtesy or compassion, significant life saving measures, or other extraordinary acts.
All compliments and commendations are formally documented and the affected employees and their supervisors will be notified.
What is a complaint?
A complaint is an allegation by a member of the public in which the complainant is dissatisfied with a department member’s actions or the San Jose Police Department itself. The allegation must involve violations of law or of the SJPD policies and procedures. A complaint involves an administrative process where discipline may be imposed by the SJPD. This must not be confused with criminal charges, which are filed by the District Attorney’s office or a civil suit, which is brought against the City of San Jose for damages.
Who conducts the investigation?
Regardless of where the complaint is initiated, either at Office of the Independent Police Auditor (IPA) or the Internal Affairs Unit (IA), it is always investigated by IA or another unit of the Police Department. Typically, the investigator will retrieve police reports, medical records, photographs, and other physical evidence if available. The investigator may also interview the complainant, witnesses and the subject officer. The IPA does not conduct the investigation but does oversee the entire complaint process.
How are the allegations proven?
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.
How much time does it take to complete a case?
If the complaint involves an allegation of unnecessary force, where the complainant required emergency medical care, the investigation should be completed within 180 days of the filing of the complaint. IA strives to complete all other types of cases within 300 days.
Notification
Complainants will 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.
Review by the IPA
State law prohibits the IPA or IA from revealing details of the investigation to the complainant; however, the IPA is privy to these details. The IPA monitors the investigations and reviews the findings after the investigation has been completed by IA. If the IPA does not concur with an investigation or its findings she will review the case with the IA commander. The IPA is an impartial body; she does not defend the Police Department nor does she act as an advocate for the complainants. A complainant may contact the IA Commander or the IPA to discuss the investigative steps taken in their case.