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The Unit Commander reviews the supervisor’s written investigation and approves of the findings in the allegation. The Internal Affairs Unit officers will collect evidence pertaining to the complaint. The process provides the citizen and the subject officer with an opportunity to meet in the presence of a trained and independent mediator, so each party can express their concerns about the incident and explain their respective views.What happens after a complaint is filed?According to the Peace Officer Bill of Rights Government Code Section 3304, investigations into alleged police officer misconduct must be completed within one year of the received date. The Department will not tolerate retaliation.How is an allegation proven, what are the possible findings?If an allegation is sustained will discipline information be provided in the closing letter?It shall be the policy of the Internal Affairs Unit to receive allegations from members of the public in a courteous and professional manner. All complaints are reviewed by IAG to determine the appropriate investigative entity. Internal affairs investigators are bound by stringent rules when conducting their investigations. An officer can anticipate multiple and/or consecutive investigations for serious matters.Being arrested for a crime does not necessarily mean you will be convicted. Internal Affairs Group is responsible for investigating the more serious complaints of misconduct. The program is completely voluntary and requires that both the citizen and the accused Department member agree to participate in the process and sign a confidentiality agreement. There are exceptions which may extend or toll this timeline.The allegations will be considered not as a complaint but as a Non-Misconduct Concern. It is the mission of the Office of Internal Affairs (OIA) to uphold the best interest and confidence of the public and department employees. There was no Fifth Amendment violation, either, as the deputies were not compelled to answer internal affairs questions or asked to waive their rights against self-incrimination. Once a complaint is received, it is the responsibility of the involved employee's Commander to ensure a thorough investigation is conducted. They are not permitted to confer with a California internal affairs defense attorney. It may not be clear if the employing law enforcement agency acts as an employer or enforcer. You may write to the local Office of Internal Affairs (Sacramento, Bakersfield, Rancho Cucamonga) within your region or inform a Department supervisor or manager. You can also email a complaint to either the Internal Affairs Unit website at: http://www.sjpd.org/cop/IA.html or to the Office of the Independent Police Auditor's office at: https://www.sanjoseca.gov/your-government/appointees/independent-police-auditor.Will I have to testify if I make a complaint?The San José Police Department believes in the right of all persons to report potential misconduct by Department members without fear of retaliation. The supervisor then submits the written investigation to the Unit Commander. We cover:Let’s look at two examples.The deputies were not impermissibly “seized” just because their employer (a law enforcement agency) ordered them to remain at a location and be questioned. Their statements will be documented in writing. Any person can file a complaint against a member of the San José Police Department (SJPD). The complaint may be filed with the San José Police Departmentâs Internal Affairs Unit (IA), the Office of the Independent Police Auditor (IPA) or through any Police Department member.A complaint may be made by anyone.