Who may make a Complaint?
Any person who witnessed an incident, who feels the Police Department treated him or her in an adverse manner, or has direct/or well founded knowledge of inappropriate actions by any police employee, may make a complaint.

How do you make a Compliment or Complaint?
A compliment, or complaint may be made verbally or in writing at any time of the day or night to any police supervisory personnel. Usually, an explanation of the situation in person, by telephone, or by mail is all that is needed to initiate a review or investigation of the matter. If you call or come to the Police Department, you will be referred to an on-duty supervisor.

Call:
510/790-6800, then dial "O" to speak to a clerk and request the Watch Commander, or

Write:
Chief of Police
Fremont Police Department
2000 Stevenson Blvd.
Fremont, CA 94537
E-mail: csteckler@fremont.gov

Compliments
A compliment will be reviewed, and a copy will be made and given directly to the employee. In some cases, a Supervisor's or Staff Commendation may also be written and attached to the compliment. Often times, a compliment will be shared with other members of the Department.

Complaint Procedure
When making a complaint, please try to include as much of the following information as possible, such as employee(s) name, badge number, and/or vehicle number. If you do not have this information, simply explain what happened by providing the date, time, and location of the incident. If you telephone, or come into the Police Department, the supervisor receiving the complaint will ask you to provide as much information as possible regarding the incident.

If you are involved in, or witnessed the incident, it is extremely important to the investigation that you provide a statement. Your statement may be tape recorded, and in some cases, will be included as part of the "Citizen Report Form." During the initial interview, the supervisor may be able to explain the employee's actions to your satisfaction.

During the interview, the following things may occur:

• The supervisor may be able to explain what happened.
• The complaint may be issued a case number.
• The complaint may be assigned to a supervisor or the Office of Professional Standards and Accountability.
• With your knowledge, you may be voice recorded or videotaped.
• You will be asked for names of witnesses that may know facts about your complaint.
• At some point during the interview, you may be asked to take a polygraph examination (lie detector test). A police officer may be asked to take a polygraph examination, but California State law prevents our directing a police officer to take a polygraph.

After a thorough investigation, your complaint will be classified with one of the following dispositions:

• Sustained: The allegation is shown to be true.
• Not Sustained: The allegation can neither be proved nor disproved and no further action is to be considered.
• Unfounded: The allegation has no basis of fact, or has been disproved through the investigation.
• Exonerated: Action complained of did occur, but was lawful, justified, and appropriate under the circumstances in this case.
• No Finding: The complaining party and/or witnesses fail to cooperate after the investigation has commenced, the complainant withdraws the complaint, or the complainant is no longer available for clarification.
• Failing of Policy and/or Training:Where it is evident that in following department policy the employee was placed in a position where the rights of the complainant were violated, and/or the employee's training or lack thereof, unreasonable caused the harm which is the basis of the complaint.

If it is determined, as a result of the investigation, that the actions of police personnel were improper or illegal, the personnel involved will be disciplined pursuant to established procedures of the Department and City, and/or the case may be referred to the District Attorney for possible criminal action.

Within fifteen (15) days after completion of the investigation, you will be notified either by telephone or by mail of the disposition or status of your complaint, unless you tell us such notification is not desired.

Pursuant to California Penal Code Section 823.8, you will not receive any information regarding disciplinary, or corrective actions imposed on the employee resulting from the investigation. By law, this information is deemed confidential and may not be disclosed.

Some investigations take a longer period of time to complete because of the number of witnesses who must be contacted and because of police employees work shifts. In any event, you will be kept abreast of the status of the investigation with a telephone call, or by U.S. mail every ten (10) days.

If you are not satisfied with the disposition in the matter, you may contact the Office of the Chief of Police or the following agencies:

District Attorney's Office
39439 Paseo Padre Parkway
Fremont, CA 94538
Phone: 510/795-2500

Federal Bureau of Investigations (FBI)
22320 Foothill Boulevard
Hayward, CA 94550
Phone: 510/886-7447

Will you have to testify?
A complainant generally does not have to testify in any formal hearing. The exceptions to this are if you inform us of actions taken by employees that are of a criminal nature, and the investigation of your complaint is sustained. There may be a chance that your testimony would be used in a court proceeding against an employee, if the District Attorney chooses to file a criminal complaint.

Employees are entitled to an administrative appeal to any imposed disciplinary action. If your complaint is sustained and the employee is disciplined and then appeals the discipline, you may be contacted and requested to testify in an administrative hearing before an arbitrator.

Remember. . .

• You need not be a part of an incident to make a complaint.
• You do not have to know any of the persons involved.
• You may make a complaint as a witness to an incident.
• If you believe you have a valid complaint, constructive criticism, or police personnel have conducted themselves improperly . . . you can report it.

  Our goal is to give YOU the best possible police service and quality of personnel.

In Summary
Your valid complaints and criticisms help us to protect the community from possible misconduct by police employees. At the same time, a thorough and impartial investigation procedure helps protect police employees from unwarranted charges when they perform their duties properly.