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HomeMy WebLinkAboutNB 10 PROB RESO CTR 11-20-89DATE: NOVEMBER 16, 1989 NEW BUSINESS NO. 10 ~ TO: HONORABLE MAYOR AND CITY COUNCIL FROM: WILLIAM A. HUSTON, CITY MANAGER SUBJECT: PROBLEM RESOLUTION CENTER Mr. Berklee Maugham has suggested that the City Council create a "Problem Resolution Center" that would mediate matters involving residents and City staff. A copy of Mr. Maugham's proposal is attached. It is staff's opinion that the City does not receive an inordinate amount of citizen complaints about City services, and that when complaints are received, there are a variety of means for resolving them. When a complaint or disagreement arises, there are generally three ways of resolving the matter: 1. Administrative - The complaint or disagreement is handled at the staff level by the appropriate department. Every effort is made to resolve the situation in a fair and timely manner. 2. City Code/Policy - Disagreements about the application or interpretation of municipal code requirements are handled by the authorized commission or board, such as the Planning Commission, Parks and Recreation Commission, License and Permits Board, Building Permit Appeals Board, etc. 3. State Mandates - Complaints about police personnel are handled through a procedure mandated by State law. Attached to this report is information which describes the various code requirements and administrative procedures which are currently in place to handle complaints or disagreements. Notwithstanding all of the above, the City Council has always had the prerogative to mediate' issues that have not been resolved through formal procedures. Over the years, experience has shown that most complaints have been resolved through the procedures described above. There are, however, times that a matter can only be resolved through the direct involvement of the City Council because of policy implications. PROBLEM RESOLUTION CENTER November 16, 1989 Page 2 As the City Council is aware, the City has made a commitment to train all City employees in public contact skills. Over two hundred City employees have participated in a program which provides them with skills in dealing with the public in a responsible and professional manner. The program stresses that citizens are the City's customers. Staff is also evaluating computer software programs which assist in keeping track of citizen complaints from receipt through final resolution to ensure that the complaint is properly handled. From staff's perspective, there are three key issues regarding the proposed Problem Resolution Center: 1. it would duplicate the means that already exist for handling citizen complaints and disagreements; 2. disagreements on some matters (e.g. building and fire codes) entail technical analysis and expertise to make judgments and recommendations on how to resolve the issue; and, 3. staff support would be necessary; current staffing is based upon the City's work program as set forth in the approved 1989-90 budget. Providing staff support to a Problem Resolution Center would affect the ability of staff to complete the City Council approved 1989-90 work program. If there is a perception that staff is not being responsive to citizen complaints, it would be my recommendation that efforts be concentrated on improving the procedures described above for resolving complaints. Staff would also concentrate on efforts to prevent complaints from occurring where it appears there is a pattern or particular service about which citizens are concerned. WAH/dms Attachment THE CITY COUNCIL WANTS TO KNOW IF THEY SHOULD ESTABLISH A RESOLUTION CENTER? A group of residents ~:ave proposed 'that the City Council establish "The To.s'tJ.n City Reso!ul:ion Center," for a one year trial basis. Even 'though residents ]nay go directly to the City Cou. nci.]., the l~.eso.].'ut.ion Cen't:er would be a volunteer and city staff disputes. The Resolution Center, five member Board, would be composed of a chairman, vice chalrman, secretary, and 'two members. Each City Counc:i. 1 Member' wii. lj[ appoin't one ]'a(.~l~b[.~]7 of the board from res_ident volunteer~', homeowners associations service clubs, business, senior c:[tizens, etc. The Board Members may not serve more than four vears. Board Members serve without pay. ~he Resolution Center will only address problems of citizens - that have been unable to get resolution ]Dy working with the city staff. The Resolution Center will insure that every effort is made 'to see that ¢;itize'ns first seek the proper channels within the city services. In those cases where there is an irreconcilable resolution to the problem, the people will be invited to present their problem, in writing, to the Resolution Center. The written correspondence will contain a statement of 'the .problem (s) , recommend solutions, a summary of responses by 'khe c. ity' ..:~'tai:f, why the resident (s) feels tile results were not satisfactory, and how long they have been trying to resolve the. problem.. At a meetinEr wi. th the invo_].ved ]:',-'~:.'.~:idents ~]nd city staff the the cJ. tizen (s) a[~cf, city :~'ta.t'tj. Ik l.'h.~s is not possible the Board w.~ll p.repare, w:[ thin two weeks, a recommended solution t:o tho How do you feel about es'tab/ishinq,, a ;{esolution Center? Please send you opinion to the City C.].,.'-.'rk of Tustin. City Clerk City of Tustin 300 Centennial Way Tustin, California 92680 I am in favor o:F: ,::,~ iR. eoo'Lu.'b:[on Ccn'l:e.t' fo.]:' '~he City of T u s t i n. I am against a Resolution Center :for the City of T'us t i n. Com]~erlt$: Signature Address Note- Unsigned ballots will not be counted. 0 E~ 0 0 Z ~ 0 o 0 H O~ ~ 0 0 H [-1 o Ew 0 0 ~ o~ ¢4 0 O~ Z 0 0~ Planning Commission State law requires that the legislative body of each county and city establish a planning agency. According to Section 65101 of the Government Code of California, the functions of the agency are: 1. It shall develop and maintain a general plan; · It shall develop such specific plans as may be necessary or desirable; · It shall periodically review the capital improvement program of the county or city; · It shall perform other functions as the legislative body may provide. The state code has many sections regarding planning agency responsibilities including adoption and revision of general and specific plans, zoning ordinances, conditional use permits, annexations, and a whole host of other development-related issues. Attached is a reference regarding the appeals process for planning issues. RAW:PLNNGCOM.WP 2 3 4 5 6 7 8 10 1! 12 3 !4 15 16 17 3.8 ~9 20 2! 22 23 24 ~6 27 28 ORDINANCE NO. 874 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE ESTABLISHMENT, COMPOSITION, JURISDICTION, DUTIES AND TERMS OF OFFICE OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN. The City Council of the City of Tustin does ordain as follows: 1. Part 1 of Chapter 5 of the Tustin City Code, commencing with Section 1511, is hereby amended to read as follows: PART 1 PLANNING COMMISSION 1511 PLANNING COMMISSION AUTHORITY a. The Planning Commission of the City of Tustin is hereby established, with composition, jurisdiction, duties, terms of office and other characteristics as provided by law and as specified herein. b. State Regulation. Subject to the provisions of State Law the Planning Commission shall be, and it hereby is declared to be, regulated by the provisions of the Government Code of the State of California, statutes of the State of Calif- ornia, and such amendments thereto as may be adopted here- after from time to time. 1512 MEMBERS The Planning Commission shall consist of five (5) members who shall be registered voters of the City during all times they hold office. 1513 APPOINTMENT-TERM Members of the Planning Commission shall be appointed by the the City Council. The members shall serve for terms of two (2) years ending on July 1 of even-numbered years provided that the first members of the Planning Com'mission shall serve from the time of their appointment until July 1, 1984 and until their respective successors are appointed and qualified. They shall be subject to removal by motion of the City Council adopted by at least three (3) affirmative votes. A member of the Planning Commission 2hall automatically be deemed removed from office upon filing for or announcing his or her candidacy for any elective office or upon the occurrence of three (3) successive unexcused absences from Planning Commission meetings, or upon more than five (5) absences within any six (6) consecutive month period. -1- : 10 11 12 16 17 18 19 2O 21 22 2~ 25 27 28 1514 COMPENSATION OF MEMBERS Each of the members of the Planning Commission shall receive compensation of Twenty-Five Dollars ($25.00) for each meeting attended, not to exceed Fifty Dollars ($50.00) per month. 1515 MEETINGS The Planning Commission shall hold its regular meetings on the second and fourth Mondays of each month at 7 30 o'clock p.m. in the Council Chambers, except when such a day falls on a legal holiday, in which event the Planning Commission shall meet at 7:30 o'clock p.m. on the first weekday following which is not a legal holiday. The Planning Commission may meet at such other times and places as hereafter may be determined from time to time by the Planning Commission to be necessary or convenient. 1516 PLANNING AGENCY Pursuant to the provisions of Section 65100 of the California Government Code, the Planning Commission of the City is established as the "Planning Agency" of the City. The Community Development Department shall assist the Planning Agency in the performance of all its duties as may now or hereafter be provided for by law. 1517 The Planning Commission may by motion regularly adopted make such requests and give such directions to the Community Development Department staff as are consistent with policies established by the City Council and within the budgetary limitations of the Department. 2. Section 9294, APPEALS, is hereby amended to read as follows: .~. 9294 APPEALS a. APPEAL OF DECISIONS Any person may appeal any order, requirement, decision or determination of the Planning Commission to the City Council in the manner set forth in this section unless the Jurisdiction of the Planning Commission is otherwise specifically declared by ordinance to be final and conclusive. Appeals shall be made in writing and filed with the City Clerk ~, prior to 5:00 p.m. of the day of the first regular meeting . ~J of the City Council following the Planning Commission action ~I to be appealed, together with a filing fee in an amount as prescribed from time to time by the City Council by resolution. -2- 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. FINALITY OF PLANNING COMMISSION ACTIONS A record of each action of the Planning Commission shall be placed on the agenda of the City Council at its first regular meeting following the action of the Planning Commission, together with a copy of the staff report thereon. The action of the Planning Commission shall become final unless at said meeting of the City Council an appeal is requested by the City Council and/or unless an appeal has been filed by any other person prior to said meeting, as prescribed in para- graph a. above. ., C. APPEA'L PROCEDURES Upon any appeal being duly filed by any person as here- in provided or by the City Council as herein provided, the City Clerk shall set a time for hearing by the City Council which shall be a date within twenty (20) days of the filing of the appeal. Notice of such hearing shall be given as set forth in Section 9296 of this Code. The City Clerk shall also notify the Planning Commission of the appeal. d. CITY'COUNCIL DECISION ON APPEAL At the close of the hearing on an appeal, the City Council may reverse or modify the decision of the Plan- ning Commission and/or remand the matter to the Plan- ning Commission for further proceedings in accordance with directions of the City Council. If the City Coun- cil does not take any action of reversal, modification and/or remand of the decision of the Planning Commis- sion within sixty (60) days after the filing of appeal thereon, the Planning Commission's action on the matter shall be final. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, this 1st day of November , 1 9 8 2. MAYOR ,..."' ATTEST: c ,mm JGR: cas: R: 1 0/6/82 (R-3) CASE NO. i i mm ........... COMPLAINT FORM RECEIVING DEPARTMENT RECEIVED BY ADDRESS OF COMPLAINT NATURE OF COMPLAINT REQUESTED ACTIONS D'ATE~RECEIVED DEPARTMENT REFERRED"'TO COMPLAINI:ANT ADr .... 'S PHON~ NUMBER ii ( DEPARTMENT DATE FOLLOW UP ACTIONS ACTION SIGNED :)ATE '-' OSED ~EHAk,~ · SIGNED: ..... Communi:y Developmeni Deparimen: INTRODUCTION TO ENFORCEMENT PROGRJ)uM Department P. ol icy The Community Development Department is responsible for the administration and enforcement of City Zoning and Building Codes and other miscellaneous sections of the Municipal Code. It is the intent of the Department to achieve compliance by traditional means of inspection, notification, granting of reasonable time. to comply, and reinspection. Notice and Order procedures should be used only after all reasonable means to gain compliance have failed or, with proper justification (i.e., immediate hazard), at the discretion of the Director of the Community Development Department. B. Purpose ® To gain compliance with state and local codes, ordinances, and regulations, when all reasonable efforts have been unsuccessful. A course of action to be taken when a condition exists that causes an immediate and/or ext'reme threat to life or property. · Standardization of the procedural steps for correcting violations of state and local codes, ordinances and regulations· Co Mate,r, tal s,,Helpful,, in Undertaking ,an ,Enforc,emen: Ac:ion . 1. Tustin Municipal Code 2. Uniform Building Code 3. Uniform Code for the Abatement of Dangerous Buildings 4. Uniform Administrative Code 5. Uniform Housing Code · Uniform Plumbing Code 7. Uniform Mechanical Code 8. National Electrical Code (Note- When handling an issue which involves items 2-8, consult the Building Official). D. Staff Demeanor The manner in which the staff conducts themselves with a violator is of paramount importance. It has an effect on the violator's, attitude throughout the duration of the enforcement period and a strong bearing'on, ~,roducti on to .~'orcement Program page two public opinion concerning this Department. A courteous and businesslike demeanor must be displayed; at no time should staff enter into an argument. Remember, most violators blame staff or the City, nos themselves. An alert, confident manner and a reasonable attitude may affect the violator in a positive manner, crea'ting a more favorable atmosphere for the voluntary correction of the violation. E. Administrative Reporting Each month a report shall be prepared, directed to the Communi~cy Development Director, showing the previous month's code enforcement activities. All violations are to be listed by address and their status shown by date. The status shall range from the date the complaint was received, to when an informal letter was mailed to the owner/tenant, to the time the violation was abated and case closed. (See Attachment for example. ) .roduction to Enforcement Program page three II. ENFORCEMENT PROCEDURES A. Initial Inspection And Follow-Up · If a violation is reported to the City or observed in the field, the staff member taking the report shall refer the matter to the Code Enforcement Officer who will t~en proceed to take the required action to correct the violation. · The Code Enforcement Officer shall make a follow-up visit to the site to determine if a violation does exist and take pictures. If a hazardous building or structure appears to be involved, staff should also refer the matter to the Building Official who will undertake an 'additional inspection. · If a violation does exist, make a case folder (address on exterior of folder) and take the following steps- a) If the violation consists of one or any combination of the following' · '2. · 0 5~ Debris and overgrown weeds (Tustin City Code, Sections 4400 and 5500) Banners, "A" frame signs, flags or any other temporary advertisement in storefront windows (Tustin City Code 9421). See attachment for Temporary Use Permit Regulations and Requirements. Storage of abandoned' or inoperable vehicles in the public view (Tustin City Code, Sections 4500 and 5500) Permanent business identification signs (Tustin City Code, Sections 9400 and 9499) Sign maintenance (Tustin City Code, Section 9443) Parking regulations (i.e. RV's, automobiles, Tust~n City Code, Section 9297) Any other violation under the Public Nuisance Code Section '5500, Nuisance Abatement Regulations. Staff shall, in the field if possible, notify the property owner or occupant (violator) of the existence of the violation and specify action(s) necessary to correct it (write up a courtesy zoning violation notice, see Exhibit ). If the violator is not available, an informal letter wi~F~- e'~ent describing the violatiOn, corrections that' are required, and date by which correction should be completed (see Attachment 2). troduction to _nforcement Program page four If the violator agrees in a very positive manner to comply with the requested action, staff may simply record the violation in the file and make a return visit at an agreed-upon date to insure that the violation was corrected. If the violation is corrected, send a note to the violator thanking them for their cooperation (see Attachement 3). If the violation is not corrected, the staff member shall complete and issue a formal Warning Notice (See Section II.B.). A formal Warning Notice may be given after the first visit if City staff believes that the violation is severe and should be quickly abated. be If the violation involves animals and fowl, refer to Sections 4200 and 4299 of the TUstin City Code and follow step 2 (a) above. If the ~'V'i°lation is not addressed in the City Code, contact Orange County Animal Control (the City contracts with the County for Animal Control Services). Ce If a hazardous building or str~cture is involved, or there are conditions present on the property which are hazardous to the health and safety of residents on the premises or in the vicinity (see Attachment i for possSble hazardous conditions), a Notice and Order letter shall be issued' (see Section II.C.). (Note- You may also contact the Police, Health or Fire Departments in any of the above matters, if you think it is appropriate for the situation.) de Notify the complaintant of any actions tak'en by the City (see form letter included as Attachment 9). B. Warning Notices (See Attachment 4) . Warning Notices shall indicate: The address of the violation, name and mailing address of the property owner (if not residing on the 'property), legal description: and Assessor'~s' Number 'of subject property,, the specific nature of the problem and/or complaint, the applicable Municipal Code Section(s) that is in violation, necessary measures or actions to' correct the violation, and a reasonable time and/or date in which to correct the violation. The time limit for compliance will vary, depending upon the nature of the violation and shall be a reasonable period for the violator to correct the violation (15 to ~0 days ~s normally standard for most violations (see At.tachment 4). ' ntroduction to Znforcement Program page five 2. Mail the original by regular mail, retain one copy of the Warning Notice for the case file and one copy for the "tickler" file. . If the violator contacts staff upon receiving the Warning Notice, indicating a willingness to comply if additional time is granted, staff shall grant all reasonable requests. Violator shall be asked to describe in writing when and how the violation will be corrected; if appropriate, send a follow-up letter confirming the conversation. All such discussions and/or correspondence shall be recorded in the case file. If the violation is not corrected within the stated period of time and the violator has no reasonable explanation for failure to correct t~e violation, a Notice and Order letter shall be issued {see Section II.C.). Notice And Order {See Attachment 5) ® The Notice and Order letter shall include the same owner and property information as..for Warning Notices (see Section II.B.I, above). In addition, the Notice and Order ~hall contain a narrative description of the violator's right to appeal, and a statement advising that if corrections are not made and an appeal filed within a spec.ified period of time, then the City Shall proceed to correct the violation and charge the cost to the property owner. . City staff shall mail the original Notice and Order by certified mail {return receipt requested} to the owner and retain copies for the case and "tickler" files. Proof of Service of the Notice shall be signed and put in the file {see Attachment 6}. When the green mailing receipt is returned from the Postal Service, it should be retained and put in the case file. This proves that the Notice and Order was received by the violator. If, upon receipt of the Notice and Order, the violator contacts staff and asks for an extension, extensions for performance of corrections should be granted for all reasonable requests (serious public health and safety problems may not be appropriate). Prior to granting an extension, staff should request a written commitment from the violator, stating when and how the violation{s} will be -corrected. All verbal conversations and correspondence shall be recorded in'the case files. Staff shall follow-up with a letter which grants an troduction to _,~forcement Program page six extension for performance of the work and also informs the violator of his/her waiver of rights .to an appeal (if the 30-day appeal period explained in Section II.C.3 has expired). ® A. ppeal proces..s For appeal process, as stated below. please see appropriate section of the Cit~ Code Abandoned inoperative vehicle appeals ................. 4513 Ambulance permit denial or revocation ................. 3456.d Applicants for employment ............................. 1731.b See: OFFICERS AND EMPLOYEES Dance hall permits ............ , ....... ' ................ 3212.i Entertainment permi ts ................................. 3222.e Fire code and amendments ......................... 5130 et seq. See: FIRE CODE License and permit.board appeals ...................... 1536 Pool Hall or Billiard hall license appeals ............ 3303.e Private patrol operator decisions re: licenses, etc .... 3527 Sign Controls .................................... 9410 et seq. See: SIGNS AND BILLBOARDS Subdivis'ion regulations .......................... 9310 et seq. See: SUBDIVISIONS Taxicab license or permit appeals ..................... 34t2.j Other taxi cab requirements. See: TAXATION Transient occupancy tax grievances ..................... ¢416 Zoning regulations. See: ZONING Abatement Procedures ii ! i! i · Refer to all provisions of Regulations. The following, for Nuisance Abatement: the Municipal Code for Nuisance Abatement .. however, is a brief summary of procedures le Based upon the recommendation of the Community Development Director, Fire Chief, Director of Public Works, Building Official, Health Official or other appropriate official that any premises in the City Constitutes a public nuisance, then the City Council may by resolution, or the City Manager may by appropriate directive, declare an intention to conduct a public hearing to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. ' ntroduction to .nforcement Program page seven 2, · ® Staff shall proceed as follows' a) Within thirty (30) days the City Clerk shall serve the owner of the affected premiSes a certified copy of the resolution, and a notice of the time and place of hearing before the Council, at least 10 days before the hearing. b) The City Clerk shall post on the premises a certified copy of such resolution and a notice of the time and place of hearing before t~e Council at least 10 days before hearing. c) Public hearing. d) Owner is served a certified copy of resolution to abate nuisance. If nuisance is not completely abated by the owner as directed within · the abatement period, the City shall immediately have the nuisance abated by City personnel or private contract. . The personnel or persons who abate the nuisance shall keep an account of the cost of abatement. This special assessment shall be collected at the same time in the same manner as ordinary municipal taxes are collected. Parks and Recreation Commission Parks and Recreation Commission has been established by Ordinance No. 1009 of the City Council. According to the Ordinance, "The Parks and Recreation Commission shall serve as an advisory body to the City Council and the Community Services staff on all matters relating to parks, park design and development, recreation, and community services." The Commission meets and advises on all such matters and has been a good resource for staff and the community. The Commission prioritizes Department goals each year to begin the budget process. In this way, staff receives advice from the citizens directly. RAW:PRKSREC.WP DATE: TO: FROM: SUBJECT: File Administrative Services Director COMPLAINT PROCEDURE: COMMUNITY SERVICES AND ADMINISTRATIVE SERVICES Generally, all staff members are encouraged to resolve complaints at as low a level as possible. Given general policy direction and the parameters of sound judgement, staff members are free to do whatever they can to solve citizen's problems. Clearly, the staff cannot change City policy or law. In that case, the citizen is encouraged to go up the chain of command ultimately to the City Council. In Administrative Services, complaints usually revolve around unsuccessful job applicants. The procedure requires that an applicant file a written statement to appeal a decision on any phase in the selection process. In this way the Director of Administrative Services responds to all such appeals. In the Community Services area, complaints are more varied, including non-resident fees, quality of programs and classes, likes or dislikes regarding instructors, location of classes, fees and insurance requirements for building facility rental, et cetera. Again, all staff members are encouraged to investigate and handle the complaint at as low of staff level as possible. Unresolved complaints are handled by the Division Head, and are reported to the Director if necessary. RAW: CMPLNTPR. WP City of Tustin APPLICATION ACCEPTANCE POLICY Administrative Services Please read this page thoroughly before completing the application materials you have received. 1. THE EMPLOYMENT OPPORTUNITY FLYER The Employment Opportunity Flyer is designed to provide all information necessary for accurate completion of the application materials. Please read the flyer carefully before you begin writing on the application. If you have questions after you have read the flyer, please call for additional or specific information. 2. THE EMPLOYMENT APPLICATION Applicants must complete the· attached City of Tustin application ~and supplemental application, if required, in order to be considered for employment. All materials must be submitted on or before the Final Filing Date listed on the Employment Opportunity Flyer. In order that applications may be ~photocopied for further use, it is required that all materials be typewritten or printed in black ink. RESUMES ' The City of Tustin prefers not to accept resumes or other unsolicited materials unless specifically-requested on the Employment Opportunity Flyer. Unsolicited' materials may be discarded with a notation on applicati6n. Additional information or supplemental material may be requested at a later time. 4. SELECTION PROCESS The selection process for each position will vary according to the nature of the position and the required knowledges and skills. Information regarding the selection process for each position is listed on the Employment Opportunity Flyer. 5. EXAMINATION PROCESS Ail application materials and examination papers submitted by an applicant are the property of the City and are confidential records. Applicants may review their examination records upon request. 6. APPEALS PROCEDURE Ar~=!icants may, within five working days of receipt of notification E ination results, file a written statement as an appeal of the decision on any phase of the selection process. The appeal should be directed to the Director of Administrative Services and be submitted to the Administrative Services Department. All appeals will be answered in writing within a reasonable period of time. THANK YOU FOR APPLYING WITH THE CITY OF TusTIN 300 Centennial Way · Tus~n, Cali~mia 92680 · (714) 544-8890 · RECEIVED _. DATE: September 14, 1989 TO: FROM: SUBJECT: Royleen White, Director of Administrative and Community Services Bob Ledendecker, Director of Public Works/City Engineer Departmental Citizen Complaint Procedures VERBAL COMPLAINTS (TELEPHONE/WALK-IN) REGARDING FIELD SITUATIONS The complaint is taken by a staff member and is to include the name, telephone number and address of the complaintant. IF EMERGENCY (SAFETY RELATED): complaint immediately referred to appropriate field division or stand-by personnel for immediate remedial action to mitigate the safety hazard. A work order is written for permanent corrective action at the earliest possible time. IF NON EMERGENCY : a work order is written and corrective action scheduled in accord with the urgency and nature of the complaint. If the corrective action is not scheduled for immediate response, the complaintant is notified of the appropriate corrective action to be taken and the time for schedul ed acti on. WRITTEN COMPLAINTS The written complaint is forwarded to the appropriate management staff to address the complaint and/or direct the work for corrective action. The management staff writes a response to the complaintant explaining the situation complained of or action taken/to be taken. FRANCHISE COMPLAINTS Franchise complaints (cable television and refuse collection) written or verbal are referred to the Administrative Assistant who discusses the complaint with the complaintant and then either: works with the franchisee to resolve the situation in accord with the franchise agreement or explains the limits of the franchise agreement to the complaintant. EMPLOYEE COMPLAINTS REGARDING EMPLOYEES: Complaints are referred to the Administrative Assistant and/or the employee's supervisor for investigation and resolution. FROM EMPLOYEES: Complaints are referred to the Administrative Assistant for investigation and resolution. Bob Ledendecker Director of Public Works/City Engineer The Audit Committee The Audit Committee was established by Ordinance No. 1022. which states, "The Audit Committee shall perform duties of oversight, review, investigation and reporting, and shall provide recommendations to the City Council on matters of finance, investment, and audit as shall be prescribed by the City Council from time to time." In a policy and procedure statement it is further posited that "the City Council has determined that citizen participation in the audit and financial reporting process would provide a vital link in insuring the quality of the audit and the resulting annual financial report of the City." Some other responsibilities assigned to the Committee are: · Review and advise on the selection of external auditors and on the proposed use of independent auditors for management, advisory and other non-audit services. · · Review and advise on the scope of the audit. Review and advise on any accounting issues which may arise during the audit. 4. Review and comment on the progress of the external audit. · Review, evaluate and comment on the City's annual financial report and other City financial statements. · Review and evaluate the auditor's management letter and management's response thereto, including the adequacy of the management's attention to recommended corrective action. · Inquire into and obtain answers on any issue or item in question included in the financial statements. · Maintain a public record of proceedings and report to the City Council at least annually. RAW:AUDITCMT.WP TO: FROM: SUBJECT: ROYLEEN~HITE~ j SERVICE: RONALD ~~~~9IRECTOR OF FINANCE DEPARTME]~JCOMPLAINT RESOLUTION DIRE~:TOR COMMUNITY AND ADMINISTRATIVE RECEIVED An,",/l!~ L?.Tn '-.T~ U;' .~,E~V.t"..,F_s Basically, the majority of our department's complaints are external and relate to. water billing, trash fees and some property tax complaints. Almost all of our water billing problems stem from the turn off's generated by non-payment of water bills. Not only are people upset because their water is off, but because we charge them a $15.00 reconnect fee, $25.00 if we turn their service back on after 5:00 p.m. Staff has been given the latitude to credit the reconnect fee if they feel its warranted, but in most cases the fee stands, and we attempt to convince people that we do incurr significant costs when we must take extreme measures to collect our water bills. I think we've successfully limited the number of complaints that leave our department and go to the City Manager or City Council. Ail trash fee and property tax complaints I generally handle and once the problem is understood they get settled quickly. I can't think of any other problems with our customers that would impact your study. RAN:is Police Department Complaints Complaints regarding police personnel are governed by the State code. The code is attached, as are departmental General Orders. RAW:PDCMPLNT.WP ment after January 1 1975; training; proficiency test; ~rogram; compari- son of presentm ,~referential enroll- ment in community college courses: report to legislature (a) Except as provided in subdivision (b), any sheriff, undersheriff, or deputy sheriff of a county, any policeman' of a city, and any policeman of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, for the purposes of the prevention and detec- tion of crime and the general enforcement of the criminal laws of this state, shall successfully com- plete a course of training prescribed by the Commis- sion on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. (b) For the purpose of standardizing the training required in subdivision (a). the commission shall develop a training proficiency testing program, in- cluding a standardized examination which enables comuarisons between presenters of such training and't2) development of a dam base for subsequent training programs. Presenters approved by the commission to provide the training required in subdi- vision (a) shall administer the standardized examina- tion to all graduates. Nothing in this subdivision shall make the completion of such examination a condition of suceessfui completion of the training required in.subdivision (a). (e) Notwithstanding subdivision (c) of Section 84500 of tim Education Code and any regulations adopted pursuant timreto, community' colleges may give preference in enrollment to employed law en- forcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforce- ment trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for such courses shall be reported for state aid. (d) Prior to July [, 1987, the commission shall make a report to ~he Legislature on academy profi- ciency testing scores. This report shall include an evaluation of the correlation between academy profi- Stats.1978, e. 12(;0, § 2; Stats.1984, e. 43, § Amendment of this secti~- hy § 2 of Stats. 1078, ~. 1i93, failed to become operative under rms of § 3 of that act. § 832.4. Undersheriffs, deputy sheriffs, city and district policemen; employment after Jan. 1, 1974; basic certificate within 18 months Any undersheriff or deputy sheriff of a county, any policeman of a city, and any policeman of a district authorized by statute to maintain a police department, who is first employed after January 1, 1974, and is responsible for the prevention and detection of crime and the general enforcement of the criminal laws of this state, shall obtain the basic certificate issued by the Commission on Peace Offi- cer Standards and Training within 18 months of his employment in order to continue to exercise the powers of a peace officer after the expiration of such 1S-month period. (Added by Stats.1973, c. 478, § 1. Amended by Sta~,~.1974, e. 1006, § 3; Stats.1980, e. 13,10, § 23.) § $32.5. Citizens' complaints against personnel; investigation; description of proce- dure: retention of records (a) Each department or agency in this state which employs peace officers shall establish a procedure to investigate citizens' complaints against the person- nel of such departments or agencies, and shall make a written description of the procedure available to the public. (b) Complaints and any reports or findings relat- ing thereto shall be retained for a period of at least five years. (Added by Stats.1974, c. 29, § 1. Amended by gtats.1078, e. 630, § 4.) {} 832.6. Deputies or appointees as reserve or auxiliary officers; powers of peace officer: conditions (a) On or after January 1, 1981, every person deputized or appointed as described in subdivision (a) of Section 830.6 shall have the powers of a peace officer only when such person is: (1) Deputized or appointed pursuant to paragraph (1) of subdivision (a) of Section 830.6 and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state, whether or not working alone, and the person has 346 Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 INTERNAL INVESTIGATIONS 410.0 410.1 410.2 PHILOSOPHY A relationship of trust and confidence between members of the Department and the community they serve is essential to effective law enforcement. Law enforcement officers must be free to exercise their best judgement and to initiate enforcement action in a responsible, lawful, and impartial manner without fear .of reprisal. So, too, enforcers of the law have a special obligation to respect meticulously the rights of all persons. The Tustin Police Department acknowledges its responsiblity to establish a complaint system and disciplinary procedures which not only will subject the officer to corrective action when he conducts himself improperly, but will also protect him from unwarranted criticism when he discharges his duties properly. It is the purpose of these procedures to provide a prompt, just, open and expeditious disposition of complaints regarding the conduct of members and employees of this Department. POLICY It shall be the policy of the Tustin Police Department to accept, record and thoroughly investigate all complaints of alleged misconduct on the part of the Police and non-sworn personnel which emanate from within the Department or from members of the public. Further, it shall be the policy of the Tustin Police Department to accept, record and thoroughly investigate all complaints or expressions of dissatisfaction made by members of the public which do not necessarily concern a particular employee, but concern Department policy, procedure or service. "Formal" and "informal" complaints are synonymons. DEFINITIONS A. Misconduct As used in this order, misconduct includes the following situations and/or circumstances: 1. Commission of a criminal offense. - 116 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 2. Violation of lawful order, directive, Department policy, pro- cedure, rule or regulation. 3. Neglect of duty. 4. Conduct which brings the Department into disrepute or reflects discredit upon the employee as a member of the Department, or that which impairs the operation or efficiency of the Department. B. SERVICE COMPLAINT A service complaint is defined as an expression of dissatisfaction with Department policy, procedure or service not directed at a parti- cular employee. Examples of service complaints include: 1. Excessive time taken to answer a call, or no response at all. 2. Citizen calls to complain of citation procedure for traffic viola- tions, juvenile offenders or misdemeanants. 3. CCtizen complaints regarding patrol practices in a certain area, i.e., too little, too much, too aggressive, not a§gressive enough, etc. 4. Citizen complaints of a particular problem which the police have failed to contain or curb properly. C. PUNITIVE ACTION Punitive action is any action which may lead to dismissal, demotion, suspension, reduction in salary, or written reprimand. D. PUBLIC SAFETY OFFICER The term public safety officer, or officer, means all peace officers as defined in Section 830.1 and subsections (a) and (b) of Section 830.2 of the Penal Code. E. COMPLAINANT The person who files a complaint with the Department alleging miscon- duct by a member or members of the Department, or who files a service complaint against the Department. This includes any aggrieved party and any person or group who assists him in filing the complaint. 117 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 F. EMPLOYEE Both sworn and civilian employees of 'the Department including temporary positions and Reserve Police Officers. G. WATCH COMMANDER The sworn employee in charge of a Field Operations Division shift or watch. H. FIELD SUPERVISOR The sworn employee who has direct line supervision over employees on a Field Operations.Division shift or watch. I. INVESTIGATOR Any sworn employee designated to investigate a complaint against an employee or this Department. J. EXONERATED The disposition assigned to a complaint where the incident com- plained of occurred but was lawful and proper. K. NOT SUSTAINED The disposition assigned to a complaint where there is insufficient evidence either to prove or disprove the allegation. L. UNFOUNDED The disposition assigned to a complaint where the allegation com- plained of is false or not supported by the evidence. M. SUSTAINED The disposition assigned to a complaint where the allegations are supported by a preponderance of the evidence. N. MISCONDUCT NOT BASED ON THE COMPLAINT The disposition assigned to a complaint when the concerned employee is guilty of misconduct that is not part of the original complaint. - 118 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 O. SUSPENDED The disposition assigned to a complaint when the complaining party and/or witness fail to cooperate after the investigation has commenced and this prohibits the Department from arriving · at the facts. P. DISMISSAL The termination of employment with the Department. Q. RULES AND REGULATIONS The administrative acts promulgated by the Chief of Police which are designed to regulate Departmental standards of conduct and appearance. R. SUSPENSION The temporary removal of a member from active employ)nent for a definite period of time. S. WITNESS A person who can produce evidence relevant to an alleged major violation or infraction. 410~3 PROCEDURE A. Receiving Complaint 1. A complaint from any person regarding the Tustin Police Department or its personnel shall be received and recorded by the on-duty Watch Commander. The on-duty Watch Commander receiving the initial complaint information shall decide upon one of the following options: a. Handle minor complaints to completion himself. Example: complaint of minor nature requiring limited investigation. - 119 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INYESTIGATIOUS 410 b. Forward initial complaint with basic information to the watch commander of concerned personnel for further investigation. Example: more complicated investigation of ltlntted severity, requiring in-depth interviews of witnesses and officers. c. Initiate and complete investigation himself. Example: complaint of major concern requiring immediate action such as serious negligence and/or criminal activity. d. Handle indepth initial investigation himself. If necessary, complaint may be forwarded to the concerned personnel's supervisor for additional follow-up investigation. e. In the event a complaint is directed against the on duty Watch Commander, the Field Operations Division Commander shall receive, record and investigate the complaint. In his absence any other Lieutenant or Officer of higher rank may accept the complaint. f. In the event a complaint is directed against a Division Commander, the Chief of Police or his designate shall receive, record, and investigate the complaint. 2. Persons under eighteen (18) years of age may file a complaint when accompanied by a parent, guardian or responsible adult. It is recommended that an adult be involved if available. Parents should be notified as soon as possible. The intent is . to insure that a responsible person is aware that a complaint was made and accepted. If the Department is unable to contact a responsible adult, the complaint should be received for further admi.nistrative evaluation. 3. Persons telephoning complaints about personnel or services of this Department shall be asked to come to the station immediately to register their complaint. If the complainant is unable to immediately respond, an appointment shall be made for his arrival at the station at the earliest possible date. Under special - 120 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 circumstances Idetermined by the Watch Commander) the Watch Commander or the Field Supervisor shall proceed to the complainant's location to accept and/or disccuss the complaint in person. The person receiving a telephonic complaint shall attempt ' to record data such as the name, age address, phone numbers of the complainant and any oti~er person involved, the nature of the complaint and other pertinent information. 4. Letters making complaints ~gatnst personne] or services Of this Department shall be recorded and acted upon promptly, if there is sufficient information with which to proceed. In the event the letter does not contain sufficient information with which to proceed, the complainant shall be contacted by the appropriate persons (see A) and shall be requested to come to the station in. order to discuss the complaint in detail. In the event the complainant is unable to comply with the request, the appropriate person shall proceed to the complainant's location, if practical, and accept and/or discuss the complaint. The signed letter will suffice as a signed statement of fact. 5. It is imperative in the matter of personnel complaints that the complainant be informed that allegations will be diligently investigated and that if the investigation discloses the complaint to be false, the complainant my be subject to criminal prosecution and civil litigation by the aggrieved party. The complainant should also be informed that he may be requested to submit to a polygraph examination as part of the personnel investigation. B. Notifications Necessary Concerning Complaints l. The Chief of Police and the concerned Division Commander shall be notified in writing of any and all complaints lodged no later than 0900 hours of the working day following receipt of the complaint~ 2. The Watch Command or officer receiving shall thereafter prepare a summary statement of each complaint, and initial investigative steps taken. Oistribution shall be: a. Original to the Chief of Police b. Copy to the concerned Division Commander. - 121 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 3. Upon receipt of a complaint, the office of the Chief of Police will assign a case number. This number shall be affixed on all items attached to the complaint and investigative report. The Investigation of Complaints 1. Timeliness of Completion a. As a general rule, each complaint investigation shall be completed and submitted to the Chief of Police in five (5) days or less from the time the complaint is received. b.. An extension of time may be granted by the concerned Division Commander or Chief of Police only. Exception: Where the complaint is of a nature as to require immediate investigtion and the concerned Division Con~nander is not available, the Watch Commander shall immediately assign an investigator for this purpose. 2. The officer assigned to investigate alleged acts of misconduct, or service complaints, shall conduct a thorough, accurate and objective investigation. Such investigation shall include formal statements from all parties involved, the gathering and preservation of any physical evidence relative to the case, and all other information bearing on the matter. 3. The employee under investigation shall be notified of the allegations as soon as possible and given the opportunity to assist. Exception: ' If the notification of the accused employee would hinder the investigation, the complaint shall remain confidential. 4. All investigations performed pursuant to this order shall be completed within reasonable time and shall be done under circumstances divoid of intimidation or coercion. The Division Commander shall assign'a due date on all investigations, not to exceed fifteen (15) calendar days from the date of the complaint. - 122- Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 Requirements of Police Employees in Relationship to Internal ~dministratlve"Investigatlons The question of whether police employees are obligated to give statements for the purpose of an internal administrative investi- gation has been clearly defined in Federal and State courts of law. An employee may be discharged for refusing to answer questions directly related to the investigation or interrogation. If he chooses to answer, the statements are secure fr~m use in criminal prosecution. 1. Every Department employee shall answer questions, submit to special examinations, interviews, interrogations, lineups, or · all, upon the request or order of the Chief of Police or his designate. 2. When an employee is being questioned, interviewed or interro- gated in an administrative investigation concerning alleged misconduct, the employee shall answer, truthfully, all ques- tions concerning the investigation posed to him by the as- signed investigator. If the employee refuses to answer such questions, he will be informed that his refusal to answer may become the subject for disciplinary action. A sworn employee may request that his initial interrogation, relating to an administrative investigation, be delayed for a maximum of 24 hours so that he may arrange for his representa- ~ be present. Delays longer than 24 hours may be authorized by the Chief of Police. 3. City owned desks, lockers, storage space, rooms, offices, equipment, work areas, and vehicles are the sole property of the City of Tustin and are subject to inspection at any time the Chief of Police deems it necessary. Private property may be stored in areas thus mentioned, although privacy shall not be expected by the employee. Exception: No sworn member of this Department shall have his locker, or other space for storage that may be assigned to him searched except in his presence, or with his consent, or unless a valid search warrant has been obtained, or in the case of admini- strative investigations, where he has been notified that a search will be conducted. - 123 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 All telephone calls made or received on a Department or City telephone, and all radio transmissions made or received on Department or City owned radios, are the business of the Chief of Police and are not confidential to him or his authorized agents. Due to the nature of complex problems which face law enforcement agencies and the need for accuracy in reporting, those using Department or City owned telephones or radios may expect monitoring and/or recording of incoming and outgoing message traffic. E. Investigation of Sworn Police Department Employees When any sworn employee comes under investigation and is subject to interrogation which could lead to punitive action, the gu~--~-T-~- lines listed in the Government Code, ChapteW'"'9'.7, 'Sections 3300 through 3311,.shall apply~ A copy of the applicable sections are attached to this order. Any sworn employee subject to any investigation as described in Government code sections 3300 through 3311 is subject to and required to follow and obey all rules, regulations, proce- dures, orders, general orders, and any other directive of the Chief of Police and/or the City of Tustin. 2. All other employees of the Tustin Police Department are also subject to and required to follow the same rules, regulations, procedures, general orders, and any directive of the Chief of Police and /or the City of Tustin. Although an employee under investigation is represented by an attorney or other representative he/she is still required to follow and obey those items listed "1 & 2" of this section. F. Investigation of'Non-Sworn Police Department Employees Although the Government Code sections noted in VI above specifi- cally refers to sworn employees only, the following sections of Chapter 9.7 of the Government Code shall be interpreted as apply- ing to non-sworn and reserve police department employees. The words "police department employee" should be substituted for "public safety officer". 1. Section 3302. - 124 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 2. Section 3303, subsections a, b, c, d, f and g. 3. Section 3304. 4. Section 3305. In general, non-sworn will be held accountable for everything that a sworn member is. Use of Polygraph Examination During Administrative Investigations A polygraph examination shall be requested only if all other methods of investigation have failed to resolve the issue. The request shall be made by the assigned investigator to the Chief of Police through the chain of command. Prior to any employee submitting to a polygraph examination, the employee's accuser will be requested to submit to a poly- graph examination. This provision does not preclude, the em- ployee from requesting a polygraph examination as a defense to the accuser's claim. A polygraph examination shall be completed within a reasonable time and shall be performed under circumstances devoid of in- timidation or coercion. 4. The polygraph examination shall be administered in accordance with the guidelines set forth in Government Code #3307. H. Allegations of a Crime When the allegations indicate a crime and the evidence is such that, had the action been by a private citizen, it would result in his arrest, the investigator will immediately inform the concerned Division Commander and the Chief of Police to determine whether: 1. The accused should be arrested forthwith. 2. A warrant for his arrest should be first obtained. 3. Criminal action should be delayed, pending further investiga- tion. 4. The accused should be taken into protective custody, pending a decision by the Chief of Police. - 125 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 (a) Protective custody defined: When an employee is physically or mentally incapable of properly caring for himself. Maximum discretion should be used in this type of situation. 5. He should be relieved of all weapons in the interest of safety. Arrest of an Employee 1. When an employee of this Department has been arrested by this Department or another jurisdiction, the Chief of Police and the appropriate Division Commander shall be notified in~nedi- ately. a. The appropriate Division Commander or his designate shall proceed to the place of confinement and advise the em- ployee that he is suspended effective immediately, pending further investigation. The employee shall be relieved of Departmental property in his immediate possession and such property shall be delivered to the Chief of Police. Steps will be taken immediately to obtain the Departmental badge and identification card of the concerned employee if it is not in his immediate possession. b. An immediate investigation shall be conducted by an appro- priate member of the Division assigned by the concerned Division Commander and the results communicated to the Chief of Police and Division Commander as soon as pos- sible. c. If investigation discloses the arrest was unwarranted, the employee will be reinstated without loss of pay or bene- fits. If the arrest'was warranted, Departmental action shall be initiated immediately through the Chief of Police or Divi- sion Commander. J. Completed Investigation Submitted to the Chief of Police 1. Upon completion of an investigation, a written report shall be directed to the Chief of Police through the chain of command. 2. The written report should be prepared in the following manner: - 126 - ... Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 a. Summary of the nature of the complaint. b. Complainant's full name, address, telephone number, business name, business address, business telephone number, record with Tustin P.D. or other agencies, and other complaints reported by the complainant. c. Identification, etc. of all witnesses~ d. Accused employee's name, rank, assigned shift, days off, and present status, (i.e., vacation, school, etc). e. Report should be written in the first person. f. Last names of complainant, witnesses, and officer should be prefaced above their statements. Example: "Interview of Mrs. Jones" 9- State the date, time, and location of interview. h. Occassionally preface the last names of sworn members of the Department with the title "Officer" to avoid any con- fusion. i. Evidence such as photographs, tape recordings, sketches, medical reports, legal documents, arrest reports, etc., should be attached to the report and submitted to the con- cerned Division Commander. In alleged criminal matters, evidence shall be handled as in other criminal cases, in- dicating chain and location of evidence. 3. Review and Recommendation Process a. Upon completion, the investigation shall not be presented to the concerned personnel for review. At this stage, the investigation shall include a determination of fault. b. The investigation shall undergo a predisctplinary conference for the purpose of recommending proposed discipline. The conference shall be attended by the investigating supervisor, his/her immediate supervisor (when appropriate), and the concerned Division Commander. The conference shall be conducted within 24 hours of the completion of the investigation. If the appropriate - 127 - Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 4. Co In incl a. b. c. e~ Division Commander is not available, the other Division Commander will participate in the conference. Upon completion of the conference, the concerned personnel shall be presented with the investigation, determination of fault, and recommended disciplinary action, by the investigating supervisor. Upon completion of "b" above, the investigation sh~ll be forwarded to the Chief of Police for final review and processing. the final recommendation, each allegation should be uded as follows: Unfounded - allegation is false or not factual. Exonerated - incident occurred but was lawful and proper. Sustained - the allegation is supported by sufficient evi- Oence to justify a reasonable conclusion of guilt. Indicate the specific violation by number and description of the Department Order, any violation of City, State, or Federal law, etc. Not sustained - insufficient evidence either to prove or d~sprove the allegations. It is this type of conclusion that an investigator is encouraged to avoid. Even though it is occasionally impossible to gather enough evidence to preclude this finding, the results amount to an inconclu- sive resolution of the matter. These situations are ex- tremely undesirable, for if the accused employee is in fact guilty of the alleged misconduct, he goes undisci- plined. Conversely if he is not guilty, but the victim of a malicious charge, he is nevertheless subjected to an emotionally traumatic injury, only to see the matter un- resolved. Despite these unpleasant considerations, this disposition is sometimes unavoidable, for a positive find- ing must be supported by evidence. Misconduct not based on the'complaint - the concerned em- 'ployee is guilty of misconduct that is not part Of the original complaint. - 128 - ,, Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 f. Suspended - the complaining party and/or witnesses fail to cooperate after the investigation has commenced, and this prohibits the Department from arriving at the facts. 5. The report will be signed by each investigator completing such report. 6. Total time spent on investigation, such as travel, interviews, dictation and typing should be noted in the lower left hand corner. This shall include time spent by any employees interviewed. 7. Directly above the entry for "Time Spent" a space will be provided for the signature of the employee reported on, e.g. ~fficer J IR. Jones #99~ have read and understand the above. 1. This signature shall be below, and after, the review and signature of any concerned investigatOrs br superior offi- cers. Exception: Investigations that have been classified as Confidential shall be submitted to the Chief ~f Police without the review of the concerned employee. K Completed Investigation Received by the Chief of Police 1. Upon the receipt of a completed investigation, the Chief of Police may: a. Order further investigation if necessary. b~ Make a determination that the charges are unfounded or not sustained or that the employee was exonerated. c. Make a determination that the charges were sustained if the employee was other than a permanent employee. d. Make tentative determination that the charges were sus- tained in the case of a permanent employee and inform the employee of his pre-disciplinary hearing. 2. Follow guidelines set forth under current law and the Rules and Regulations of the City of Tustin. - 129- Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 L. Disposition 1~ Upon the completion of an investigation, and a disposition by the administration, the Chief of Police or his designate will review the report and prepare a summary for the involved employee's personnel file. The summary shall cmnmence with the disposition of the complaint in capital letters, i.e., SUSTAINED, UNFOUNDED, etc. At the base of the summary the disposition shall again be indicated in capital letters. The complete investigation sh~ll be maintained and filed in thc office of the Chief of Police and only the summary shall be placed in the employee's file. 2. When there is more than one employee involved, individual sum- maries will be prepared for each employee regarding his in- volvement'and the disposition. This one sheet of paper will then be placed in his personnel file. Each employee involved in a complaint will receive a copy of the sumaary. 3. Prior to the disposition being placed in the concerned person- nel file, the employee investigated will be shown the written disposition of the Chief of Police or Division Commander. The employee will indicate that he has read the document, and sign and date the document. 4. Due to their extreme confidentiality and personal nature, per- sonnel records shall be considered personal and private re- cords of the Chief of Police. He will maintain the integrity of these files and no information will be released to unau- thorized persons without his express approval or unless by court order. M. Notification to Complainant Notification to the complainant will be made at the final con- clusion and disposition of an investigation. The Chief of Police will inform the complainant in writing of the official position of the City. PUBLIC SAFETY OFFICERS' BILL OF RIGHTS G.C. 3300-3311 410.4 3300. This chapter is known and may be cited as the Public Safety Officers Procedural Bill or Rights Act. 3301. (Revised Effective January 1, 1979) For purposes of this chapter, - 130 - GENERAL ORDERS Revised May 1, 1986 INTERNAL INYESTIGATIONS 410 the term public safety officer means all peace officers, as defined in Section 830.1 and subdivisions (a) and (b) of Section 830.2 of the Penal Code, including peace officers who are. employees of a charter ct ty or county. The term public safety officer also means all persons employed by the State of California and designated by law as peace officers. The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitutes a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that such stable relations are continued throughout the State and to further assure that effective services are provided to all people of the State, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California. 3302. Except as otherwise provided by law, or whenever on duty or in uniform, no public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political activity. 3303. (Revised Effective January 1, 1979) When any public safety offi- i ation and subjected to interrogation by his command- ~er i~_~nder ~Ve;nt~ther member of the employing p?lic s~Y ~r~ ~ng ott!~e[, ~ .,~ ~-d to ,unitive action, such incerrogac?~  ent, wnlcn cou~u ,~ .~ · · u ose oT ~nls ~-o~- onducted under the follow~ng conditions. For the p rp ter, punitive action is defined as any action which may lead to dis- missal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. (a) The interrogation shall be conducted at a reasonable hour, pre- ferably at a time when the public safety officer is on duty, or during the normal waking hours for the public safety officer, unless the se- riousness of the investigation requires otherwise. If such interroga- tion does occur during off duty time of the public safety officer be- ing interrogated, the public safety officer shall be compensated for such off duty time .in accordance with regular department procedures, and the public safety officer shall not be released from employment for any work missed. (b) The public safety officer under investigation shall be informed prior to such interrogation of the rank, name and con,hand of the offi- cer in charge of the interrogation, and interrogating officers, and all other persons to be present during the interrogation. All ques- tions directed to the public safety officer under interrogation shall be asked by and through no more than two interrogators at one timeL - 131- .. Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 (c) The public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation. (d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated~ The person under interrogation shall be allowed to attend to his own personal physical necessities. (e) The public safety officer under' interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The elnployer shall not cause the public safety officer under interrogation to be subjected to visits by the press or news media without his express consent nor shall his home address or photograph be given to the press or news media without his express consent. (fl The complete interrogation of a public safety officer may be re- corded. If a tape recording is made of the interrogation, the public safety officer shall have access to the tape if any further proceed- ings are contemplated or prior to any further interrogation at a sub- sequent time. The public safety officer shall be entitled to a tran- scribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports which are deemed to be confidential may be entered in the officer's personnel file. The public safety officer being interro- gated shal] have the right to bring his own recording device and re- cord any and all aspects of the interrogation. {gl If prior to or during the interrogation of a public safety offi- cer it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his constitutional rights. (h) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters which are likely to re- sult in punitive action against any public safety officer, that offi- cer, at his request, shall have the right to be represented by a rep- resentative of his choice who may be present at all times during such interrogation. The representative shall not be a person subject to the same investigation, lhe'representative'shall'not be required to disclose, nor'be subject'to any punitive actlon'tor retusing to dis, ~ any 'intormation received ~rom the b~tlcer under investigation ~ noncrlm~na)-'~tlS~'6'~-[. - 132- 3304. Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 This section shall not apply to any interrogation of a public safety officer in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. ii) No public sdfety officer shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. ia) No public safety officer shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any exist- ing administrative grievance procedure. Nothing in this section shall preclude a head of an agency from ordering a public safety officer to cooperate with other agencies involved in criminal investigations. If an officer fails to com- ply with such an order, the agency may officially charge him with insubordination. (b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by a public agency without provid- ing the public safety officer with an opportunity for adminstra- rive appeal. 3305. No public safety officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the public safety officer having first read and signed the instrument containing the adverse com- ment indicating he is aware of such con~nent, except that such entry may be made if after reading such instrument the public safety officer re- fuses .to sign it. Should a public safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed by such of- ricer. 3306. A public safety officer shall have 30 days within which to file a written response to any adverse coherent entered in his personnel file. Such written response shall be attached to, and shall accompany, the ad- verse comment. 3307. No public safety officer shall be compelled to submit to a poly- graph examination against his will. No disciplinary action or other recrimination shall be taken against a public safety officer refusing to - 133- Revised May 1, 1986 GENERAL ORDERS INTERNAL INVESTIGATIONS 410 submit to a polygraph examination, nor shall any con~nent be entered anywhere in the investigator's notes or anywhere else that the public safety officer refused to take a polygraph examination, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the public safety officer refused to take a polygraph examination. 3308. No public safety officer shall be required or requested for purposes of job assignment or other personnel action to disclose any item of )lis property, income, assets, source of income, debts, or personal or domestic expenditures (including those of aw~ number of his family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his official duties, or is necessary for the employing agency to ascertain the desirability of assigning the public safety officer to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. 3309. No public safety officer shall have his locker, or other space for storage that may be asigned to him searched except in his presence, or with his consent, or unless a valid search warrant has been obtained or where he has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. 3310. Any public agency which has adopted, through action of its govern- ing body or its official designee, any procedure which at a minimum pro- vides to peace officers the same rights or protections as provided pur- suant to this chapter shall not be subject to this chapter with regard to such a procedure. 3311. Nothing in this chapter shall in any way be construed to limit the use of any public safety agency or any public safety officer in the ful- filling of mutual aid agreements with other jurisdictions or agencies nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies in- volved. Section 2. There are no local costs in this act that require reimburse- ment under Section 2231 of the Revenue and Taxation code because there are no duties, obligations or responsibilities imposed on local entities in the 1975-76 fiscal year by this act. However, there are state man- dated local costs in this act in the 1976-77 fiscal year and subsequent years that require reimbursement under Section 2331 of the Revenue and Taxation Code which can be handled in the regular budget process. - 134 -