Citizen’s Inquiry and Complaint Process
Submit a complaint online
Fillable forms are available in six languages to download and submit via email at police@santaclaraca.gov or mailed to Santa Clara Police Department, Attn: Internal Affairs, 601 El Camino Real, Santa Clara, CA 95050.
What is a Citizen’s Inquiry?
A Citizen’s Inquiry is any contact with a citizen in reference to an issue of concern that does not require a formal investigation. The Citizen’s Inquiry process seeks to resolve the issue at an informal level, to the satisfaction of the citizen, by means of discussion, explanation or clarification. Citizen’s Inquiries are generally handled by an on-duty supervisor. A Citizen’s Inquiry that is not resolved can become a Citizen’s Complaint.
What is a Citizen’s Complaint?
A Citizen’s Complaint is a formal documentation involving:
1. a complaint against Personnel;
2. a complaint against Department policy or procedure;
which was not resolved at the Citizen’s Inquiry level or because the nature of the allegation may require an administrative and/or criminal investigation. Once the complaint is received, it will be reviewed by a supervisor and assigned to the direct supervisor of the involved employee. The investigation will usually include a review of all applicable reports, policies and procedures, examination of any evidence or medical records and interviews with involved parties and witnesses.
How long will it take?
A simple complaint might take only a day to complete, while a complex complaint might take several months to investigate and review. You will be notified on the progress of the investigation.
What will happen at the end of the investigation?
The Chief of Police reviews every Complaint. If the Chief determines that an employee violated Department policy or procedures, appropriate corrective action will be taken. The Chief’s review will also include looking for ways to improve policies, procedures, and training. This review is to assure that the investigation was handled thoroughly and objectively. At the end of the investigation, you will receive written notification of the findings. State Law prohibits us from releasing specific details concerning personnel actions.
Notification of Findings
You will receive written notification of the Chief’s findings in the following form.
For Personnel complaint findings:
- Sustained - A final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Government Code § 3304 and Government Code § 3304.5 that the actions of an officer were found to violate law or department policy (Penal Code § 832.8).
- Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member.
- Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper.
- Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded (Penal Code § 832.8).
- Citizen Inquiry - When the investigation was about conduct or performance that, if true, would not violate department policy or rule, federal, state or local law, or the investigation was about conduct or performance in which the Office of the Chief of Police is satisfied that the allegation has been appropriately addressed by the supervisor of the accused member.
- No Finding - When there is insufficient information available to conduct the investigation.
For Policy/Procedural findings: In complaints against Department policy/ procedures, the Chief may find that the policy or procedure is either: appropriate as written OR needs revision. Complaints sustained against policy/procedures will be sustained against the Department and not the officers involved.
