CITIZEN COMPLAINTS AGAINST PROBATION DEPARTMENT PERSONNEL

General Statement

It is the policy of the Glenn County Probation Department to accept and investigate all complaints of alleged “misconduct” on the part of Probation personnel which originates from within the department or from outside sources.

It is the intent of the Glenn County Probation Department that all complaints receive prompt and appropriate attention.Complaints will be investigated starting at the supervisor level and through the chain of command as deemed necessary.The investigation and finding should be concluded within 15 working days from receipt of the complaint.

A complaint of “misconduct” is defined as a violation of any law, written departmental policy, rule, county regulation or order.

General or negative statements such as not liking your probation officer, etc., not specific to an act or omission by the Probation Department personnel are not regarded as complaints appropriate for attention under this procedure.Such circumstances may be discussed informally with supervisory personnel.

Anonymous complaints will generally not be taken or investigated.

Legal Authority

California Penal Code Section 832.5 mandates that “each department or agency in this state which employs peace officers shall establish a procedure to investigate citizen complaints against the personnel of such departments or agencies, and shall make a written description of this procedure available to the public.”

PROCEDURE

1.A complaint of misconduct may be made in person, by telephone or in written form by any person or persons who believe misconduct has occurred.A copy of the complaint form can be obtained at the Probation Department located at 541 West Oak Street, Willows, CA95988.

2.The initial complaint may be received by any member of the Probation Department.The complainant complaint shall fill out the complaint form indicating the exact allegations, the complainant’s full name, address and telephone number, as well as names and addresses of other persons having information pertinent to the case.

The completed complaint form shall be immediately forwarded to the immediate supervisor of the person which is the subject of complaint.A copy is also to be forwarded to the Chief Probation Officer.  During the course of the investigation, the complainant will be required to sign the complaint form to verify accuracy of information.

3.The supervisor will receive the complaint and make a preliminary determination as to whether or not the complaint is a legitimate complaint of misconduct as defined.  An immediate investigation will be conducted on legitimate complaints; interviews with the complainant, other person with information pertinent to the case, and the employee whom the complaint is lodged will be informed and interviewed regarding the complaint upon receipt by the department, except when such action may interfere with the investigation.

The supervisor must consult with the Chief Probation Officer immediately on allegations of “criminal activities” to determine if the investigation should be turned over to an appropriate law enforcement agency.  The supervisor, upon completion of the investigation, is to provide a written report to the Chief Probation Officer summarizing the facts relied on to formulate one of the following conclusions:

A.  The complain is unfounded: The alleged incident did not occur, or the person named was not involved.

B.Actions were justified: The act or acts subject of the complaint were justified, lawful and proper.

C.Investigation is non-conclusive: The investigation failed to reveal enough evidence to sustain or disapprove the alleged misconduct.

D.Investigation supports the allegations: The investigation disclosed enough evidence to substantiate the alleged misconduct.

4.The Chief Probation Officer, upon receipt of the complaint and investigation conclusions, will:

A.Accept the findings and conclusions as determined by the investigating supervisor.

B.Cause further investigation to be conduced, if necessary.

C.Take appropriate disciplinary action as deemed necessary in accordance with applicable law, policy, merit system rules, county and labor contract regulations.

D.Provide the accused employee with a copy of the allegations and findings upon completion of the investigation.

E.Inform the complainant upon his/her request of the investigative findings by the department.

F.The complaint and reports of finding relating thereto shall be retained by the Glenn County Probation Department for a period of at least five years, pursuant to Section 832.5 of the California Penal Code.