I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer.

II. PURPOSE

The purpose of this policy is to provide guidelines for the investigation and disposition of complaints in a prompt, just and open manner regarding the conduct of employees of the Probation Department consistent with state law.

III. APPLICABILITY

This policy applies to all Probation Department employees.

IV. BACKGROUND

A relation of trust and confidence between employees of the Probation Department and the citizens of the County is essential to effective community corrections.  Probation Department employees must be free to exercise their best judgment in discharging their duties in a reasonable, lawful and impartial manner, without fear of reprisal.  The Probation Department acknowledges its responsibility to establish a system of complaint and disciplinary procedure pursuant to Penal Code Section 832.5 which hold employees accountable for improper conduct, but also will protect them from unwarranted criticism when they discharge their duties properly.

V. GENERAL POLICY

1. Complaints against employees shall be thoroughly and accurately investigated.
2.  The Citizen Complaint form and description of the complaint process shall be posted on the Probation Department website and be available at all Probation Department offices.
3. Citizen Complaints against the Chief Probation Officer, Assistant Chief Probation Officer, Department Administrator, or Chief Deputies will be referred to the County Administrative Office.
4. Complaints may be received:
   1.   In person,
   2.   By telephone; or
   3.  In writing.
5. Complaint forms may be received by anyone. If a complaint is submitted by telephone or in person, personnel receiving the complaint shall complete a complaint form. The complaint form shall be immediately forwarded to the Chief’s Administrative Assistant who will assign the complaint a tracking number and provide a copy of the complaint to the Chief Probation Officer.
6. The complaint form will be referred to the appropriate Chief Deputy, who will inquire and make a recommendation to the Assistant Chief Probation Officer on what level the complaint shall be handled.  The assigned Chief Deputy will communicate results via email of the preliminary investigation within 30 calendar days of the logging of the complaint to the Chief Probation Officer/Assistant Chief Probation Officer
7. Frivolous – totally and completely without merit or for the sole purpose of harassing.
8. Unfounded - the investigation clearly establishes the allegation is not true.
3. Not sustained- the investigation could not establish sufficient evidence to clearly prove or disprove the allegation in the complaint.

4. Exonerated- the investigation established the allegation is true and that the actions of the employee that formed the basis of the complaint are not a violation of law or policy.

5. Sustained- the investigation established the allegation in the complaint is true and the actions of the employee are a violation of law or County/Department policy.

G.         The Chief Probation Officer/Assistant Chief Probation Officer may direct the Professional Standards SDPO/Chief Deputy to investigate any complaint.

 

8. Follow-up contact with the complainant shall be made by the end of the next business day to confirm the Department’s receipt of the complaint.

1. Should an internal investigation be conducted to determine the validity of the complaint, the Chief Deputy who has conducted the initial inquiry shall make a written request for such investigation.  The internal investigation will proceed in accordance with the Probation Department’s Internal Investigation Policy.

10. The assigned Chief Deputy shall ensure that within 30 days of the final disposition of the complaint, the complainant is provided written notification of the disposition.

11. Complaints and related documentation shall be retained for five (5) years for records where there was not a sustained finding of misconduct.

12. Complaints and related documentation shall be retained for fifteen (15) years where there was a sustained finding of misconduct.

13. Complaints and related documentation shall not be destroyed while a request related to that record is being processed or any process or litigation to determine whether the record is subject to release is ongoing.

VI. EXCLUSIVITY

This policy will remain in effect until superseded or suspended in writing by the Chief Probation Officer and can be reviewed as needed.