HomeMy WebLinkAboutPersonnel Complaints-Policy 1008Policy
1008
Albany Police Department
Albany PD Policy Manual
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 1
Personnel Complaints
1008.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the Albany Police Department. This policy shall not apply
to any questioning, counseling, instruction, informal verbal admonishment or other routine or
unplanned contact of a member in the normal course of duty, by a supervisor or any other member,
nor shall this policy apply to a criminal investigation.
1008.2 POLICY
The Albany Police Department takes seriously all complaints regarding the service provided by
the Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this
policy and applicable federal, state and local law, municipal and county rules and the requirements
of any collective bargaining agreements.
It is also the policy of this department to ensure that the community can report misconduct without
concern for reprisal or retaliation.
1008.3 PERSONNEL COMPLAINTS
Personnel complaints include any allegation of misconduct or improper job performance that, if
true, would constitute a violation of department policy or of federal, state or local law, policy or
rule. Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate department policy or federal,
state or local law, policy or rule may be handled informally by a supervisor and shall not be
considered a personnel complaint. Such inquiries generally include clarification regarding policy,
procedures or the response to specific incidents by the Department.
1008.3.1 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified in one of the following categories:
Informal - A matter in which the Shift Supervisor is satisfied that appropriate action has been
taken by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member or
referred to the Professional Standards Officer, depending on the seriousness and complexity of
the investigation.
Incomplete - A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the Professional Standards Officer, such matters may be further investigated depending on the
seriousness of the complaint and the availability of sufficient information.
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 2
1008.3.2 SOURCES OF COMPLAINTS
The following applies to the source of complaints:
(a)Individuals from the public may make complaints in any form, including in writing, by
email, in person or by telephone.
(b)Any department member becoming aware of alleged misconduct shall immediately
notify a supervisor.
(c)Supervisors shall initiate a complaint based upon observed misconduct or receipt from
any source alleging misconduct that, if true, could result in disciplinary action.
(d)Anonymous and third-party complaints should be accepted and investigated to the
extent that sufficient information is provided.
(e)Tort claims and lawsuits may generate a personnel complaint.
1008.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1008.4.1 COMPLAINT FORMS
Personnel complaint forms will be maintained in a clearly visible location in the public area of
the police facility and be accessible through the department website. Forms may also be available
at other City facilities.
Personnel complaint forms in languages other than English may also be provided, as determined
necessary or practicable.
1008.4.2 ACCEPTANCE
All complaints will be courteously accepted by any department member and promptly given to
the appropriate supervisor. Although written complaints are preferred, a complaint may also be
filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If
a supervisor is not immediately available to take an oral complaint, the receiving member shall
obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so
that proper identification, signatures, photographs, or physical evidence may be obtained as
necessary.
A complainant shall be provided with a copy of the complaining party's statement at the time it is
filed with the Department (Penal Code § 832.7).
1008.4.3 HATE COMPLAINTS AGAINST PEACE OFFICERS
Internal complaints or complaints from the public shall be accepted and investigated in accordance
with this policy where it is alleged that an officer has in the previous seven years, and since 18
years of age, engaged in membership in a hate group, participated in a hate group activity, or
advocated any public expression of hate (Penal Code § 13682).
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 3
1008.4.4 AVAILABILITY OF WRITTEN PROCEDURES
The Department shall make available to the public a written description of the investigation
procedures for complaints (Penal Code § 832.5).
1008.5 DOCUMENTATION
Supervisors shall ensure that all formal complaints are documented on a complaint form. The
supervisor shall ensure that the nature of the complaint is defined as clearly as possible.
All complaints and inquiries should also be documented in a log that records and tracks complaints.
The log shall include the nature of the complaint and the actions taken to address the complaint.
On an annual basis, the Department should audit the log and send an audit report to the Chief
of Police or the authorized designee.
1008.6 ADMINISTRATIVE INVESTIGATIONS
Allegations of misconduct will be administratively investigated as follows.
1008.6.1 SUPERVISOR RESPONSIBILITIES
In general, the primary responsibility for the investigation of a personnel complaint shall rest with
the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor
is the ultimate decision-maker regarding disciplinary action or has any personal involvement
regarding the alleged misconduct. The Chief of Police or the authorized designee may direct
another supervisor or qualified outside investigator to investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.
The responsibilities of supervisors include but are not limited to:
(a)Ensuring that upon receiving or initiating any formal complaint, a complaint form is
completed.
1.The original complaint form will be directed to the Shift Supervisor of the accused
member, via the chain of command, who will take appropriate action and/or
determine who will have responsibility for the investigation.
2.In circumstances where the integrity of the investigation could be jeopardized by
reducing the complaint to writing or where the confidentiality of a complainant
is at issue, a supervisor shall orally report the matter to the member's Division
Commander or the Chief of Police, who will initiate appropriate action.
(b)Responding to all complainants in a courteous and professional manner.
(c)Resolving those personnel complaints that can be resolved immediately.
(a)Follow-up contact with the complainant should be made within 24 hours of the
Department receiving the complaint.
(b)If the matter is resolved and no further action is required, the supervisor will
note the resolution on a complaint form and forward the form to the Professional
Standards Officer.
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 4
(d)Ensuring that upon receipt of a complaint involving allegations of a potentially serious
nature, the Professional Standards Officer and the Chief of Police are notified via the
chain of command as soon as practicable.
(e)Promptly contacting the Department of Human Resources and the Professional
Standards Officer for direction regarding their roles in addressing a complaint
that relates to sexual, racial, ethnic or other forms of prohibited harassment or
discrimination.
(f)Forwarding unresolved personnel complaints to the Shift Supervisor, who will
determine whether to contact the complainant or assign the complaint for investigation.
(g)Informing the complainant of the investigator's name and the complaint number within
three days after assignment.
(h)Investigating a complaint as follows:
1.Making reasonable efforts to obtain names, addresses and telephone numbers
of witnesses.
2.When appropriate, ensuring immediate medical attention is provided and
photographs of alleged injuries and accessible uninjured areas are taken.
(i)Ensuring that the procedural rights of the accused member are followed (Government
Code § 3303 et seq.).
(j)Ensuring interviews of the complainant are generally conducted during reasonable
hours.
1008.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES
Whether conducted by a supervisor or the Professional Standards Officer, the following applies to
members covered by the Public Safety Officers Procedural Bill of Rights Act (POBR) (Government
Code § 3303):
(a)Interviews of an accused member shall be conducted during reasonable hours and
preferably when the member is on-duty. If the member is off-duty, he/she shall be
compensated.
(b)Unless waived by the member, interviews of an accused member shall be at the Albany
Police Department or other reasonable and appropriate place.
(c)No more than two interviewers should ask questions of an accused member.
(d)Prior to any interview, a member shall be informed of the nature of the investigation, the
name, rank and command of the officer in charge of the investigation, the interviewing
officers and all other persons to be present during the interview.
(e)All interviews shall be for a reasonable period and the member's personal needs
should be accommodated.
(f)No member should be subjected to offensive or threatening language, nor shall any
promises, rewards or other inducements be used to obtain answers.
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 5
(g)Any member refusing to answer questions directly related to the investigation may
be ordered to answer questions administratively and may be subject to discipline for
failing to do so.
1.A member should be given an order to answer questions in an administrative
investigation that might incriminate the member in a criminal matter only after
the member has been given a Lybarger advisement. Administrative investigators
should consider the impact that compelling a statement from the member
may have on any related criminal investigation and should take reasonable
steps to avoid creating any foreseeable conflicts between the two related
investigations. This may include conferring with the person in charge of the
criminal investigation (e.g., discussion of processes, timing, implications).
2.No information or evidence administratively coerced from a member may be
provided to anyone involved in conducting the criminal investigation or to any
prosecutor.
(h)The interviewer should record all interviews of members and witnesses. The member
may also record the interview. If the member has been previously interviewed, a copy
of that recorded interview shall be provided to the member prior to any subsequent
interview.
(i)All members subjected to interviews that could result in discipline have the right to
have an uninvolved representative present during the interview. However, in order
to maintain the integrity of each individual’s statement, involved members shall not
consult or meet with a representative or attorney collectively or in groups prior to being
interviewed.
(j)All members shall provide complete and truthful responses to questions posed during
interviews.
(k)No member may be requested or compelled to submit to a polygraph examination,
nor shall any refusal to submit to such examination be mentioned in any investigation
(Government Code § 3307).
No investigation shall be undertaken against any officer solely because the officer has been placed
on a prosecutor’s Brady list or the name of the officer may otherwise be subject to disclosure
pursuant to Brady v. Maryland. However, an investigation may be based on the underlying acts
or omissions for which the officer has been placed on a Brady list or may otherwise be subject to
disclosure pursuant to Brady v. Maryland (Government Code § 3305.5).
1008.6.3 ADMINISTRATIVE INVESTIGATION FORMAT
Investigations of formal personnel complaints shall be detailed, complete and essentially follow
this format:
(a)Introduction
•Include the identity of the employee(s), the identity of the assigned
investigator(s), the initial date and source of the complaint.
(b)Synopsis
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 6
•Provide a very brief summary of the facts giving rise to the investigation.
(c)Summary of Allegations
•List the allegations separately (including applicable policy sections)
(d)Victim/Complainant Interview(s)
•Include a comprehensive summary of victim/complainant statements.
(e)Witness Interview(s)
•Include a comprehensive summary of witness statements.
(f)Accused Interview(s)
•Include a comprehensive summary of accused employee statements.
(g)Evidence as to Allegations
•Each allegation should be set forth with the details of the evidence applicable
to each. A separate recommended disposition should be provided for each
allegation.
(h)Conclusion and Recommendations
•A recommendation regarding further action or disposition should be provided.
(i)Exhibits
•A separate list of exhibits (recordings, photos, documents, transcriptions, etc.)
should be attached to the report.
1008.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
Unfounded - When the investigation discloses that the alleged acts did not occur or did not
involve department members. Complaints that are determined to be frivolous will fall within the
classification of unfounded (Penal Code § 832.8).
Exonerated - When the investigation discloses that the alleged act occurred but that the act was
justified, lawful and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the
complaint or fully exonerate the member.
Sustained - A final determination by an investigating agency, commission, board, hearing officer,
or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal
pursuant to Government Code § 3304 and Government Code § 3304.5 that the actions of an
officer were found to violate law or department policy (Penal Code § 832.8).
If an investigation discloses misconduct or improper job performance that was not alleged in
the original complaint, the investigator shall take appropriate action with regard to any additional
allegations.
ADDITIONAL COMPLAINT DISPOSITIONS
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 7
Without Merit - The allegation of misconduct is totally without merit or for the sole purpose of
harassing an employee. Without merit is synonymous with "frivolous" as cited in 832.5 (c) P.C.
and 128.5 of the Code of Civil Procedure.
Resolved through Mediation - The Chief of Police may authorize mediation of any complaint if all
parties voluntarily agree to such a process. In these instances, the complaint is removed, without
investigation, from the disciplinary process to allow a neutral third-party to facilitate a discussion/
mediation. By agreeing to enter this process, the complaint is closed against the officer and is
considered "Resolved through Mediation."
Withdrawn - When the complainant expresses a voluntary desire to withdraw the complaint, or
the complaint investigator determines conditions exist to merit this disposition.
A complainant may withdraw his/her complaint at any stage of the complaint process. Withdrawal
will bring the complaint investigation to an end and the file will be closed. If a complainant chooses
to withdraw a complaint, the investigator must notify the Chief of Police in writing, giving sufficient
documentation of the reason/s for withdrawal. The Chief of Police may grant withdrawal of the
complaint if he/she is satisfied that the withdrawal was made voluntarily and for good cause.
The investigator may also recommend a complaint disposition of withdrawn, by providing such
written recommendation to the Chief of Police, if any of the following conditions apply:
•The subject matter of the complaint has been, or is likely to be, dealt with by another
body or statutory authority, or the Chief of Police.
•The complainant fails to reply to any correspondence, phone calls or attempts to
contact over a reasonable amount of time.
•The subject employee of the complaint is no longer subject to administrative
compulsion to participate in the investigation
The Chief of Police may refuse to accept withdrawal of any complaint. Any complaint given a
disposition of withdrawn requires the Chief of Police provide a written explanation to all involved
parties, in writing, within 30 days. Complaints receiving any disposition found in this subsection
are not reportable to the Department of Justice under the requirements found in 13012(e) P.C.
1008.6.5 COMPLETION OF INVESTIGATIONS
Every investigator or supervisor assigned to investigate a personnel complaint or other alleged
misconduct shall proceed with due diligence in an effort to complete the investigation within one
year from the date of discovery by an individual authorized to initiate an investigation (Government
Code § 3304).
In the event that an investigation cannot be completed within one year of discovery, the
assigned investigator or supervisor shall ensure that an extension or delay is warranted within the
exceptions set forth in Government Code § 3304(d) or Government Code § 3508.1.
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 8
1008.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS
The member conducting the investigation should provide the complainant with periodic updates
on the status of the investigation, as appropriate.
1008.7 ADMINISTRATIVE SEARCHES
Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be
searched as part of an administrative investigation upon a reasonable suspicion of misconduct.
Such areas may also be searched any time by a supervisor for non-investigative purposes, such
as obtaining a needed report, radio or other document or equipment.
Lockers and storage spaces may only be administratively searched in the member's presence,
with the member’s consent, with a valid search warrant or where the member has been given
reasonable notice that the search will take place (Government Code § 3309).
1008.7.1 DISCLOSURE OF FINANCIAL INFORMATION
An employee may be compelled to disclose personal financial information under the following
circumstances (Government Code § 3308):
(a)Pursuant to a state law or proper legal process
(b)Information exists that tends to indicate a conflict of interest with official duties
(c)If the employee is assigned to or being considered for a special assignment with a
potential for bribes or other improper inducements
1008.8 ADMINISTRATIVE LEAVE
When a complaint of misconduct is of a serious nature, or when circumstances indicate that
allowing the accused to continue to work would adversely affect the mission of the Department,
the Chief of Police or the authorized designee may temporarily assign an accused employee to
administrative leave. Any employee placed on administrative leave:
(a)May be required to relinquish any department badge, identification, assigned weapons
and any other department equipment.
(b)Shall be required to continue to comply with all policies and lawful orders of a
supervisor.
(c)May be temporarily reassigned to a different shift, generally a normal business-hours
shift, during the investigation. The employee may be required to remain available for
contact at all times during such shift, and will report as ordered.
1008.9 CRIMINAL INVESTIGATION
Where a member is accused of potential criminal conduct, a separate supervisor or investigator
shall be assigned to investigate the criminal allegations apart from any administrative investigation.
Any separate administrative investigation may parallel a criminal investigation.
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 9
The Chief of Police shall be notified as soon as practicable when a member is accused of criminal
conduct. The Chief of Police may request a criminal investigation by an outside law enforcement
agency.
A member accused of criminal conduct shall be advised of his/her constitutional rights
(Government Code § 3303(h)). The member should not be administratively ordered to provide
any information in the criminal investigation.
The Albany Police Department may release information concerning the arrest or detention of any
member, including an officer, that has not led to a conviction. No disciplinary action should be
taken until an independent administrative investigation is conducted.
1008.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES
Upon completion of a formal investigation, an investigation report should be forwarded to the Chief
of Police through the chain of command. Each level of command should review the report and
include their comments in writing before forwarding the report. The Chief of Police may accept or
modify any classification or recommendation for disciplinary action.
1008.10.1 DIVISION COMMANDER RESPONSIBILITIES
Upon receipt of any completed personnel investigation, the Division Commander of the involved
member shall review the entire investigative file, the member's personnel file and any other
relevant materials.
The Division Commander may make recommendations regarding the disposition of any
allegations and the amount of discipline, if any, to be imposed.
Prior to forwarding recommendations to the Chief of Police, the Division Commander may return
the entire investigation to the assigned investigator or supervisor for further investigation or action.
When forwarding any written recommendation to the Chief of Police, the Division Commander
shall include all relevant materials supporting the recommendation. Actual copies of a member's
existing personnel file need not be provided and may be incorporated by reference.
1008.10.2 CHIEF OF POLICE RESPONSIBILITIES
Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall
review the recommendation and all accompanying materials. The Chief of Police may modify any
recommendation and/or may return the file to the Division Commander for further investigation
or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff, the
Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the
event disciplinary action is proposed, the Chief of Police shall provide the member with a pre-
disciplinary procedural due process hearing (Skelly) by providing written notice of the charges,
proposed action and reasons for the proposed action. Written notice shall be provided within one
year from the date of discovery of the misconduct (Government Code § 3304(d)). The Chief of
Police shall also provide the member with:
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 10
(a)Access to all of the materials considered by the Chief of Police in recommending the
proposed discipline.
(b)An opportunity to respond orally or in writing to the Chief of Police within five days of
receiving the notice.
1.Upon a showing of good cause by the member, the Chief of Police may grant a
reasonable extension of time for the member to respond.
2.If the member elects to respond orally, the presentation may be recorded by
the Department. Upon request, the member shall be provided with a copy of the
recording.
Once the member has completed his/her response or if the member has elected to waive any such
response, the Chief of Police shall consider all information received in regard to the recommended
discipline. The Chief of Police shall render a timely written decision to the member and specify
the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of
Police has issued a written decision, the discipline shall become effective.
1008.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT
The Chief of Police or the authorized designee shall ensure that the complainant is notified of the
disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint (Penal Code
§ 832.7(f)).
1008.10.4 NOTICE REQUIREMENTS
The disposition of any civilian’s complaint shall be released to the complaining party within 30
days of the final disposition. This release shall not include what discipline, if any, was imposed
(Penal Code § 832.7(f)).
1008.11 PRE-DISCIPLINE EMPLOYEE RESPONSE
The pre-discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the Chief of Police after having had an opportunity to review
the supporting materials and prior to imposition of any recommended discipline. The employee
shall consider the following:
(a)The response is not intended to be an adversarial or formal hearing.
(b)Although the employee may be represented by an uninvolved representative or legal
counsel, the response is not designed to accommodate the presentation of testimony
or witnesses.
(c)The employee may suggest that further investigation could be conducted or the
employee may offer any additional information or mitigating factors for the Chief of
Police to consider.
(d)In the event that the Chief of Police elects to cause further investigation to be
conducted, the employee shall be provided with the results prior to the imposition of
any discipline.
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 11
(e)The employee may thereafter have the opportunity to further respond orally or in
writing to the Chief of Police on the limited issues of information raised in any
subsequent materials.
1008.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE
In the event that a member tenders a written resignation or notice of retirement prior to the
imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by
itself shall not serve as grounds for the termination of any pending investigation or discipline (Penal
Code § 13510.8).
1008.13 POST-DISCIPLINE APPEAL RIGHTS
Non-probationary employees have the right to appeal a suspension without pay, punitive transfer,
demotion, reduction in pay or step, or termination from employment. The employee has the right to
appeal using the procedures established by any collective bargaining agreement, Memorandum
of Understanding and/or personnel rules.
In the event of punitive action against an employee covered by the POBR, the appeal process
shall be in compliance with Government Code § 3304 and Government Code § 3304.5.
During any administrative appeal, evidence that an officer has been placed on a Brady list or is
otherwise subject to Brady restrictions may not be introduced unless the underlying allegations
of misconduct have been independently established. Thereafter, such Brady evidence shall be
limited to determining the appropriateness of the penalty (Government Code § 3305.5).
1008.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS
At-will and probationary employees and those members other than non-probationary employees
may be released from employment for non-disciplinary reasons (e.g., failure to meet standards)
without adherence to the procedures set forth in this policy or any right to appeal. However, any
probationary officer subjected to an investigation into allegations of misconduct shall be entitled
to those procedural rights, as applicable, set forth in the POBR (Government Code § 3303;
Government Code § 3304).
At-will, probationary employees and those other than non-probationary employees subjected to
discipline or termination as a result of allegations of misconduct shall not be deemed to have
acquired a property interest in their position, but shall be given the opportunity to appear before
the Chief of Police or authorized designee for a non-evidentiary hearing for the sole purpose of
attempting to clear their name or liberty interest. There shall be no further opportunity for appeal
beyond the liberty interest hearing and the decision of the Chief of Police shall be final.
1008.15 RETENTION OF PERSONNEL INVESTIGATION FILES
All personnel complaints shall be maintained in accordance with the established records retention
schedule and as described in the Personnel Records Policy.
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 12
1008.16 REQUIRED REPORTING TO POST
The Chief of Police or the authorized designee shall notify POST on the appropriate POST form
within 10 days of certain officer personnel events, including but not limited to (Penal Code §
13510.9):
(a)Termination or separation from employment or appointment. Separation from
employment or appointment includes any involuntary termination, resignation, or
retirement.
1.A POST affidavit-of-separation form shall be executed and maintained by the
Department and submitted to POST as required by Penal Code § 13510.9 and
11 CCR 1003.
(b)Events that could affect an officer's POST certification, such as:
1.Complaints, charges, or allegations of serious misconduct (as defined by Penal
Code § 13510.8).
2.Findings of civilian review boards.
3.Final dispositions of any investigations.
4.Civil judgments or court findings based on conduct, or settlement of a civil claim
against an officer or the Albany Police Department based on allegations of
conduct by an officer.
The Chief of Police or the authorized designee shall be responsible for providing POST access
to or duplication of investigation documentation (e.g., physical or documentary evidence, witness
statements, analysis, conclusions) within the applicable timeframe provided in Penal Code §
13510.9.
1008.16.1 NOTIFICATIONS TO POST FOR SERIOUS MISCONDUCT
The Chief of Police or the authorized designee shall report allegations of serious misconduct by
an officer to POST and the report shall include the following (11 CCR 1207):
(a)Name of the Department
(b)Administrative case number
(c)Name, current address, and phone number of the complainant, if available
(d)Name, POST ID, current address, and phone number of the involved officer
(e)A summary of the alleged misconduct including:
1.A narrative of the allegations
2.Date and time of incidents
3.Location of occurrence
4.Any witness information, if available
5.Summary of arrest or indictment of involved officer
Albany Police Department
Albany PD Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2025/08/25, All Rights Reserved.
Published with permission by Albany Police Department
Personnel Complaints - 13
(f)A change in employment status of the involved officer (e.g., administrative leave,
suspension, termination)
(g)Name and contact information of the assigned investigator
The Chief of Police or the authorized designee shall provide updates of the investigation to POST
every 90 days until the final disposition in the method designated by POST (11 CCR 1207).
Upon completion of the investigation, the Chief of Police or the authorized designee shall submit
to POST the final disposition of the investigation as well as investigation materials and the officer's
service record as provided by 11 CCR 1207.
1008.16.2 ADDITIONAL NOTIFICATIONS TO POST FOR SERIOUS MISCONDUCT
Additional notification shall be made to POST (11 CCR 1207):
(a)If the imposed disciplinary action is pending appeal or other review through an
administrative or judicial proceeding:
1.The Department shall provide the name of the body conducting the proceeding.
2.The status of the proceeding, if known.
(b)If criminal charges are pending:
1.The name of the court having jurisdiction over the criminal charges against the
officer.
2.The status of the criminal case, if known.