FAQs • Daly City, CA • CivicEngage

What is the definition of an allegation, complaint, and misconduct?

Allegation - An allegation is an unproven accusation that a member of the Police Department violated Department or City policy procedure, rules, regulations, or the law.
Complaint - A complaint is an expression of dissatisfaction that contains an allegation, which if proven to be true, demonstrates misconduct.
Misconduct - Misconduct is an act or omission by a Department member that is a violation of Department or City policy, procedure, rules, regulations, or the law, which if proven true may result in disciplinary action.

▼
Police - Internal Affairs Unit

An allegation will be accepted by:

2. Who conducts the investigation?: Regardless of where the allegation is filed, the investigation is conducted by the Daly City Police Department’s Internal Affairs Unit.

3. How is an allegation proven?: An allegation is sustained by a preponderance of the evidence. Preponderance means proof that more likely than not the alleged conduct occurred.

4. How much time does it take to complete a case?: According to the Peace Officer Bill of Rights Government Code Section 3304, allegations against police officers must be completed within one year of the received date. The Daly City Police Department has a policy of completing all cases within 300 days of the received date.

5. How will a member of the public be notified of the case outcome?: After the investigation is completed, the case is forwarded from the Internal Affairs Unit to the Chief of Police for audit and review. Once there is agreement that the case has been completed in a thorough, fair and objective manner, a disposition letter will be sent to the complainant.

Allegation - An allegation is an unproven accusation that a member of the Police Department violated Department or City policy procedure, rules, regulations, or the law.
Complaint - A complaint is an expression of dissatisfaction that contains an allegation, which if proven to be true, demonstrates misconduct.
Misconduct - Misconduct is an act or omission by a Department member that is a violation of Department or City policy, procedure, rules, regulations, or the law, which if proven true may result in disciplinary action.

The findings include:

8. If an allegation is sustained, will discipline information be provided in the disposition letter?: No, state law prohibits the release of this information.