July 23, 2008   

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Citizen Complaints

Background

The Madera Police Department believes that an effective relationship with our community is built on trust and confidence. Public safety employees have an obligation under the law to respect the rights of all persons. However, they must also be free to exercise their best judgment and initiate such action as is reasonable, lawful, and impartial without fear of reprisal. The Department acknowledges it’s responsibility to uphold a system of citizen complaint and possible subsequent officer disciplinary procedures. This agency is responsive to the community and will ensure our employees conduct themselves appropriately. To this end, the Chief, Commanders and Sergeants welcome constructive criticism of the department and it’s procedures, and valid complaints on it’s members.

Policy

It is the policy of the Madera Police Department to accept, record and investigate any complaint from any member of the public. Complaints, recorded on a "Citizen Complaint" form, will be accepted at any time, on any member of the department. These include complaints conveyed to another source and transmitted to the department. "Anonymous" complaints against personnel will be accepted as long as all three of the following elements are present:

(1) the complaint contains sufficient information for the department to reasonably identify the involved personnel, and

(2) it provides sufficient information to preliminarily determine that some misconduct or inappropriate behavior is being alleged, and

(3) it contains information which reasonably permits the department to initiate an investigation.

"Third party" complaints against personnel will be accepted if they contain all of the elements of "anonymous" complaints and any one of the following:

(1) are from the parents/guardians of involved juveniles, or

(2) the alleged misconduct or inappropriate behavior has been witnessed by the third party, or

(3) the allegations of a non-witnessing third party are sufficient, if established as accurate, to support discipline of suspension/termination.

Persons under eighteen (18) years of age making complaints will be asked to have a parent or guardian present at the time the complaint is made. Generally, complaints will not be accepted from persons who are intoxicated. This is not designed to discourage complaints, but rather to ensure that all the facts and circumstances are accurately recorded. Persons who are intoxicated at the time they wish to file the complaint will be re-contacted at a later time.

The person receiving the complaint will ask you to provide as much information as possible. The complaint will then be investigated in a timely, professional manner by a department supervisor. The investigation may consist of taking statements from all persons concerned and collection of physical evidence or other related information. Each allegation will be objectively examined on its own merits. Complainants will be provided a copy of their statement at the time the complaint is taken. Complainants may also be asked to submit to a polygraph examination as part of an investigation.

Complainants should understand that if they knowingly make false accusations they may be liable to criminal and/or civil recourse under provisions of the law. Complainants will be notified of the disposition in writing within thirty (30) days of the disposition of the complaint. If it is determined an employee acted improperly, he or she will be subject to discipline by the department. If the employee action is criminal, it will be referred to the office of the District Attorney.

Procedure

A Citizen Complaint form may be obtained at the bottom of this web page or by obtaining the form directly from the Madera Police Department at 330 South C Street, Madera, CA 93638,
(559) 675-4200
The report must be submitted in person to the Madera Police Department

Get the Citizens' Complaint Form

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