A Message from the Sheriff 

I am proud to serve as your Sheriff.  As Sheriff, it is my obligation to provide everyone in San Diego County with the highest quality public safety services.  Every member of the Sheriff's Department is accountable for their actions or inactions and abidance to policy and the law.  I hope that you will never need to complain about our services.  Should you need to, however, you can be sure that your complaint will be given full and complete consideration.  Law enforcement legitimacy only exists when those that we serve trust us.  I am committed to working in partnership with our communities and serving our public. 

KELLY A. MARTINEZ, SHERIFF

HOW A PERSONNEL COMPLAINT IS HANDLED (THE INVESTIGATION PROCESS)

All complaints are reviewed by Internal Affairs before being assigned for investigation. However, not all complaints are investigated by Internal Affairs. Depending on the misconduct alleged, personnel complaints may be investigated by an Internal Affairs investigator or at the station/facility/command level. Complaints not investigated by Internal Affairs are assigned to the accused employee's command of assignment for investigation.

Your complaint will be investigated by a Sheriff's Department Supervisor. You may be contacted by an investigator or supervisor who will interview you in more detail about your concerns. When appropriate, the investigation may include interviews of witnesses and Department personnel; a review of Department records, policies, and procedures; an inspection of medical records, photographs, video and other evidence; and legal analysis.

Investigation of a personnel complaint and the subsequent case review (including the administration of discipline when warranted) are very time-consuming and involved processes. Please be patient. After the complaint has been thoroughly investigated, and the appropriate action has been taken, you will be notified in writing of the results. In most cases, California law prohibits the Department from disclosing details of personnel investigations or any disciplinary action taken.

You will be notified by mail that the investigation has been completed and you will be told the disposition. You will not be told the amount or type of discipline, if any. The letter you receive will list one or more of the following decisions relative to the allegations:

• SUSTAINED: A true finding supported by facts.
• NOT SUSTAINED: Facts revealed do not substantiate the allegation, insufficient evidence available.
• UNFOUNDED: Not true. Actions alleged did not occur.
• EXONERATED: Allegation is true but actions were lawful or within policy.
• RESOLVED: No other method available to close case. (Examples: Unable to locate complainant, employee has separated from employment, etc.)

CRIMINAL CHARGES AND THE COURTS

Many times people who have received a citation or were arrested feel they are not guilty of the charge. However, the validity of the citation or arrest and the guilt or innocence of the person involved must be determined by a Court of law, not the Sheriff’s Department. Only the Court is empowered by law to adjudicate such matters. The filing of a complaint will not stop a criminal investigation, prosecution or the citation process.

WHERE AND HOW TO FILE A COMPLAINT

A complaint can be filed in person at any Sheriff's Station or facility. Although it is not required, the Department encourages community members to make these reports in person so a supervisor has an opportunity to do a thorough initial assessment of your complaint. Complaints should be filed within 30 days of the corresponding incident.

Anonymous and third-party complaints are also accepted and will be investigated to the extent that sufficient information is provided. However, if you choose to not provide your contact information, the investigators will be unable to ask you follow-up questions that might be needed for a thorough, complete investigation.

If you do not wish to report your complaint in person, you may obtain a “Complaint Form” from any Sheriff's Station or facility.

California Code, Penal Code - PEN § 148.6
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CIVILIANS' COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CIVILIAN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS.

IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.

I have read and understand the above statement. Click on this link to proceed with filing a complaint.