PUBLIC COMPLAINT INSTRUCTION SHEET

TO WHOM IT MAY CONCERN:

The Springdale Police Department can only solve problems within the community with the help of the public. This help and cooperation can be damaged when the public has been, or believes that the police department has treated them improperly or unfairly. It is the job of the administrators of the Springdale Police Department to investigate complaints in an effort to improve the quality of police services. The following questions and answers are designed to provide information to any person who wishes to make a complaint against any member of the Springdale Police Department

DOES THE DEPARTMENT WANT COMPLAINTS?

No department likes to receive complaints, but if this department or any of its members have failed to perform their duties fairly or properly, we want to know. This is how problems are remedied and services are improved.

WILL YOU INVESTIGATE MY COMPLAINT?

The Springdale Police Department shall investigate all complaints against the Springdale Police Department or its members. The Springdale Police Department shall have the right to investigate any serious anonymous or unsigned complaint, but if no substantiating evidence is discovered, the complaint shall be considered unfounded.

WHO SHOULD I GO TO FIRST?

The most efficient way to make a complaint is to come to the Springdale Police Department between 8 AM and 4 PM if possible. Inform the dispatcher that you would like to make a complaint. The dispatcher will put you in contact with the proper person based upon a procedure established by the department. If that time is not convenient, complaint forms are available in the lobby of the Springdale Police Department 24 hrs. a day/7 days per week.

DO I HAVE TO COMPLAIN IN PERSON?

No, complaints will be accepted by mail or phone, however, you will be asked to give a written statement if you initially call in a complaint by phone.

IF I AM UNDER 18 YEARS OLD DO I STILL HAVE A RIGHT TO COMPLAIN?

Yes, but we prefer that you bring a parent/guardian with you when you come to make a complaint.

WILL I HAVE TO WRITE OUT MY COMPLAINT?

We encourage written complaints. Written complaints tend to contain more detail. If assistance is required to fill out the complaint, someone else may write out the complaint for you.

HOW CLOSELY WILL YOU INVESTIGATE MY COMPLAINT?

Complaints will be investigated very thoroughly. We want to find out what went wrong, if anything, and correct the problem so our working relationship with the public can be restored.

CAN I GET IN TROUBLE FOR MAKING A COMPLAINT?

Not if you are telling the truth. Prosecution may be considered in cases where the complaint is a malicious or false allegation. It will be legally improper and unethical to even attempt to bring charges against a person who has filed a complaint in good faith.

WHAT WILL HAPPEN TO THE OFFICER?

What happens to the officer depends on the circumstances of the complaint. The Springdale Police Department has a discipline policy, which outlines the types of discipline that can be given to a member of the department. The Chief of Police or his designee may contact you when the investigation is completed.

WHAT IF I AM NOT SATISIFED WITH THE INVESTIGATION?

If you are not satisfied with the results of the investigation, you may contact the City Administrator, who is the next step above the Chief of Police in the command structure. Other options available are your representative on City Council, or, if applicable, the County Prosecutor or a private attorney.

Sincerely,

Colonel Michael E. Laage, CLEE

Chief of Police

POLICE / CITIZEN COMPLAINT FORM

Subject of Investigation:___________________________________________________

LAST NAME FIRST INITIAL

Complainant’s Name: Home Address: Home Phone:

_____________________ __________________________ __________________

LAST FIRST NUMBER STREET

__________________________ __________________

CITY / STATE ZIP WORK PHONE

_________________________ CELL PHONE

===================================================================================================

WITNESSES OR OTHER COMPLAINTANTS:

_____________________ __________________________ __________________

LAST FIRST NUMBER STREET PHONE (HOME)

_____________________ __________________________ __________________

LAST FIRST NUMBER STREET PHONE (HOME)

_____________________ __________________________ __________________

LAST FIRST NUMBER STREET PHONE (HOME)

(If additional space for witnesses is needed, attach separate sheet.)

DATE AND TIME OF INCIDENT: _________________________________________________

LOCATION OF INCIDENT: ______________________________________________________

DETAILS OF THE COMPLAINT (Please be specific): _________________________________

POLICE / CITIZEN COMPLAINT FORM PAGE -2-

Details of the Complaint: (continued)

____________________________________________________________________________

___________________________________________________________________________

____________________________________________________________________________

SECTION 2921.15: “MAKING FALSE ALLEGATION OF PEACE OFFICER MISCONDUCT”

(A) As used in this section, “peace officer” has the same meaning as in section 2935.01 of the Revised Code.

(B) No person shall knowingly file a complaint against a peace officer that alleges that the peace officer engaged in misconduct in the performance of the officer’s duties if the person knows that the allegation is false.

(C) Whoever violates division (B) of this section is guilty of making a false allegation of peace officer misconduct, a misdemeanor of the first degree.

POLICE / CITIZEN COMPLAINT FORM PAGE -3-

I, ______________________________, do hereby affirm that the foregoing information provided by me is true and complete, to the best of my knowledge and belief. I understand that any false, misleading or untrue statements, accusations or allegations, herein made by me, either orally or in writing, to any person(s) investigating this complaint, may subject me to civil and/or criminal prosecution.

I realize that it may not become necessary, during the investigation of this complaint, for me to meet with a member(s) of the Springdale Police Department to discuss this complaint either in the presence or absence of the accused department member(s) at the discretion of the department. I hereby accept the premise that if action is initiated through a court or administrative hearing, as a result of my complaint, my testimony before these hearings may be required. I hereby agree to make myself available to the aforementioned court or administration hearing when requested to do so.

X_______________________________ _______________________

Complainant’s Signature Date / Time

Sworn to before me, this ____________ day of _________________________, __________.

SEAL _________________________________

Notary Public

--------------------------------------------------------(Please cut along perforated line)------------------------------------------------------

Complaint Receipt

The Springdale Police Department acknowledges the receipt of a complaint filed against one of

its member(s) on ____________________________, by _______________________________

(DATE) (COMPLAINANT)

of __________________________________________________________________________.

(ADDRESS)

Your complaint will be brought to the attention of the Chief of Police and he will assign a special investigator to gather all of the facts. Once the investigator has filed his report, it will be carefully reviewed by senior police officials, including the Chief of Police, and a final disposition will be made.

A representative of the police department will notify you as to the final disposition of your complaint, usually within a period of thirty days from the date shown below.

_______________________ _______________________________________

(DATE/TIME) (SIGNATURE OF ACCEPTING DEPARTMENT MEMBER)

CITIZEN COMPLAINT FORM PAGE -4-

========================================================================

FOR POLICE DEPARTMENT INTERNAL USE ONLY. TO BE COMPLETED BY THE ACCEPTING DEPARTMENT MEMBER.

Accepting Department Member: __________________________________________________

(Supervisor / Acting Supervisor)

Date / Time: ___________________________________.

Accepting Member’s Observation of the Complaint. (Citizen complaint only).

Include physical observation as well demeanor, attitude, etc.

____________________________________________________________________________

X_____________________________________________

(SIGNATURE OF ACCEPTING DEPARTMENT MEMBER)

Department Member Under Investigation: Rank Current Assignment

_________________________________ ______ ___________________

___________________________________________________________________________

Name of Member’s Immediate Supervisor Rank Current Assignment

at time of incident:

_________________________________ _______ ___________________

CITIZEN COMPLAINT FORM PAGE -5-

Date Investigation Initiated: Date Terminated: Date of Final Report:

Investigator’s Final Determination:

____ Substantiated ___ Unfounded ____ Inconclusive

Investigator’s Comments:________________________________________________________

____________________________________________________________________________

(All pertinent investigative data to be attached with report)

TO BE COMPLETED BY THE CHIEF OF POLICE

Date of final review: Signature of Chief of Police:

_______________________________ ___ ____________________________

Chief’s Recommendation / Disposition:

____ Substantiated ___ Unfounded ____ Inconclusive

Final Action:

____ None Taken ___ Counseling ____ Oral Reprimand (Chief’s)

____ Written Reprimand (Chief’s) ___ Referred to Mayor’s Office for Disciplinary Hearing

____ Other

Comments Attached: ______ Yes _____No

Complainant Notified By: ___________________________ ______________________

(DATE / TIME)

Accused Notified By: ______________________________ ______________________

(DATE / TIME)