A complaint may be made by anyone. If the complainant is under the age of 18, we request that the complainant be accompanied by a parent or guardian when coming to the Internal Affairs Unit. The Internal Affairs Unit, the Office of the Independent Police Auditor and the San José Police Department will accept an allegation by phone, letter, e-mail, fax, anonymously, or in person. The complaint may be made at the Department’s Internal Affairs Unit, the Office of the Independent Police Auditor, or any other mutually convenient location. Regardless of where or how the allegation is filed, the investigation is conducted by the San José Police Department’s Internal Affairs Unit.

A complaint may be made 24 hours a day. During normal business hours, the complaint may be submitted to the San José Police Department Internal Affairs Unit at (408) 277-4094 or via fax at (408) 277-3920. After normal business hours, the complaint may be made by calling (408) 277-4631 or by contacting an on-duty Watch Commander through Police Communications at (408) 277-8900. You can also email a complaint to either the Internal Affairs Unit or to the Office of the Independent Police Auditor's office.

Depending upon the level of investigation, the complainant and any witnesses will be interviewed in detail concerning the incident. Their statements will be documented in writing. The Internal Affairs Unit officers will collect evidence pertaining to the complaint. The Internal Affairs Unit supervisor will analyze all the information gathered and determine if the appropriate finding is reached on each allegation. The supervisor then submits the written investigation to the Unit Commander. The Unit Commander reviews the supervisor’s written investigation and approves of the findings in the allegation. Additionally, every allegation of a major Use of Force is reviewed by the Assistant Chief of Police. The investigation is then forwarded to the Independent Police Auditor's Office for audit and review. After the investigation is completed, a closing letter is sent to the complainant.

If an allegation is sustained and discipline is imposed, the Police Department employee may contest that action in a Civil Service hearing or before an Arbitrator. If that happens, the complainant may be asked to testify. If the investigation leads to the filing of a criminal complaint and the matter goes to trial, you may be required to testify in court.

An allegation is sustained when the evidence indicates that it is more likely than not that a violation of the policy or procedure occurred; this standard of evidence is called the “preponderance of evidence.” The available findings to an allegation include:

Unfounded – The investigation conclusively proved that the act or acts complained of did not occur, or the member named in the allegation was not involved in the act or acts, which may have occurred.

Exonerated – The act or acts, which provided the basis for the allegation or complaint occurred, however, the investigation revealed they were justified, lawful, and proper.

Not Sustained – The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation made in the complaint.

No Finding – The complainant failed to disclose promised information needed to further the investigation.

Complaint Withdrawn – The complainant affirmatively indicates the desire to withdraw his/her complaint.

Sustained – The investigation disclosed sufficient evidence to clearly prove the allegation made in the complaint. Mediation: By mutual agreement with all involved parties the case was mediated and the complaint withdrawn.

The San José Police Department, in collaboration with the Office of the Independent Police Auditor, implemented a Voluntary Mediation Program as an alternative process for resolving citizen complaints where the alleged misconduct is minor in nature or where there is misunderstanding about an enforcement action, neglect of duty, or police procedure. The program is completely voluntary and requires that both the citizen and the accused Department member agree to participate in the process and sign a confidentiality agreement. The process provides the citizen and the subject officer with an opportunity to meet in the presence of a trained and independent mediator, so each party can express their concerns about the incident and explain their respective views.

No, state law prohibits the release of this information.

According to the Peace Officer Bill of Rights Government Code Section 3304, investigations into alleged police officer misconduct must be completed within one year of the received date. The San José Police Department has a policy of completing all cases within 300 days of the received date. There are exceptions which may extend or toll this timeline.

The allegations will be considered not as a complaint but as a Non-Misconduct Concern. In Non-Misconduct Concern cases the immediate supervisor of the employee is notified of the complainant’s concern and the supervisor addresses the issues of concern with the Department member. The complainant will be sent a closing letter at the end of the process.