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Got a Gripe? Fill Out a Form

Investigation of misconduct takes six months to a year

The way the system is currently set up, residents who feel they have been treated unfairly by a police officer can file a complaint with the San Jose Police Department or the independent police auditor. Complaints can be filed in person, by mail, by fax or over the phone. They must be made within 12 months of the incident.

Residents will be given a copy of their complaint to check for accuracy. Typically, investigations are completed between six months and a year. A notice will be sent to the complainant informing them of the outcome of the investigation.

Residents can ask the auditor to sit in on their interview with the police as well as the remainder of the investigation. The auditor sits in on all investigations of complaints alleging unnecessary force.

If residents are dissatisfied with the outcome of the investigation, they can discuss their concerns with the auditor or Lieutenant Mike O'Conner, the officer in charge of the SJPD's Professional Standards and Conduct Unit.

Neither the resident nor the auditor can appeal the department's decision. However, the investigation can be reopened if the complainant provides new evidence or the auditor determines that existing evidence was flagrantly disregarded.

The Office of the Independent Police Auditor is located at 4 N. Second St., Suite 650, San Jose, 95113. Phone number is 408/977-0652; fax is 408/977-1053. Validated parking is available in the Third Street garage. The office is open 8am-5pm, but residents can make an appointment to come in after hours.

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