Q. Who can file a complaint?
A. Anyone who receives information that a Police Department employee has acted in an improper manner in the delivery of service to this community is encouraged to file a complaint.
Q. Who do I contact regarding a complaint?
A. You may contact the on-duty Watch Commander, the Professional Standards Unit (Internal Affairs), or any other supervisor.
Watch Commander: (714) 960-8800, anytime
Professional Standards Unit: (714) 536-5913 or (714) 536-5939 during normal business hours. You may also email the unit at psu@hbpd.org.
Q. How do I file a complaint?
A. A complaint may be filed by contacting the Police Department, and furnishing complete details of the incident, including the names of any other involved parties. The complainant does not always have to go to the Police Department to file the complaint. To accommodate the complainant, the Police Department will often make arraignments to have a supervisor meet the complainant at their residence, place of employment, or other agreeable location.
Q. Do I have to file a complaint in person?
A. No. While personal contact is preferred, initial complaints may be made by telephone, letter, or e-mail. However, it will be necessary to complete a written statement and be available for a personal interview following the filing of the initial complaint.
Q. Can I give the information to someone other than in Police?
A. Complaints should be lodged with a supervisor of the Police Department. Complainants can have confidence that the investigation will be handled in the utmost professional manner. However, if necessary, information can be provided to the Office of the City Administrator or a member of the City Council. Information that is of a criminal nature can be given to the Orange County District Attorney's Office.
Q. Will my complaint be accepted?
A. All complaints of improper service or conduct, which are a violation of law or policy, will be accepted and investigated.
Q. Who investigates the complaint?
A. A Police Department supervisor will investigate the complaint. The supervisor may be the direct supervisor of the involved employee, or may be a supervisor from the Professional Standards Unit.
Q. How long will the investigation take?
A. In order to maintain public trust and to provide professional service to the community, a thorough and objective investigation will be conducted. The purpose of the investigation is to disclose the detailed truth of the incident. Every reasonable effort will be expended to satisfactorily complete the investigation within 90 calendar days. If more than 90 days are needed to complete the investigation, the complainant will receive written notification from the investigation supervisor regarding the delay.
Q. Who approves the results of the investigation?
A. The Chief of Police reviews all citizen complaint investigations. After considering all available information, the Chief of Police makes the final decision on the validity of the complaint. If the complaint is sustained, verifying an act of misconduct occurred, the Chief of Police will take the appropriate action to remedy the situation.
Q. What can happen to the Police Department employee?
A. If a complaint is sustained, disciplinary action imposed upon employees range from training and counseling to an official reprimand to dismissal. If the misconduct was criminal in nature, the matter may be referred to the District Attorney's office for review.
Q. How can the complainant assist with the investigation?
A. The complainant can assist the investigation by cooperating with the investigator. Frequently, complainants and witnesses fail to return investigators' telephone calls and letters, or fail to keep interview appointments. This results in unnecessary delays in completing the investigation, or worse, a completed investigation that does not include critical complainant and witness statements.
Q. What if I have questions regarding an investigation?
A. Questions about an investigation, including the disposition, should be directed to the Professional Standards Unit. While some of the information may be confidential, the Professional Standards Unit can often answer specific questions.
Q. Will I be notified about the complaint results?
A. California law does not permit the release of the contents of a citizen's complaint investigation since these matters are deemed to be confidential. However, the complainant will be notified in writing, within 30 days of the complaint's final disposition.
Q. How are investigations ranked?
A. The disposition categories are:
- Unfounded: The investigation proves the event did not occur.
- Exonerated: The investigation proves the event occurred but the act was justified and proper.
- Not Sustained: The investigation discloses insufficient evidence to sustain the complaint.
- Sustained: The investigation proves the act complained of did occur and constitutes misconduct or improper job performance.
Q. What if I am dissatisfied with the results of the investigation?
A. Many times the complainant's dissatisfaction can be remedied by talking to a Professional Standards Units supervisor. If a solution is not reached, the complainant may contact the Chief of Police directly or in some cases the Office of the Orange County District Attorney or the Grand Jury.
Q. There is a construction project underway adjacent to my property that is generating noise and dust. What can I do?
A. Concerns regarding noise and dust associated with construction on public property should be referred to the Public Works Construction Manager at (714) 536-5431. If the construction appears to be taking place on private property, you should call the Building and Safety Department at (714) 536-5241.
Q. Why is it taking so long to investigate my case?
A. Every case is unique. Some require follow-up interviews, processing of physical evidence, search warrants, etc. In some cases, the victim not providing additional requested information causes the delay. Don't rely on the detective to keep you posted throughout the investigation.
If you have a question, call the investigation unit at (714) 536-5951, Monday - Friday. Give the Investigative Aide your case number (often referred to as a DR number). You will be told which investigator is assigned to your case and will help to put you in touch with him/her.
Q. I filed a crime report several weeks ago and have not heard from a detective. Why?
A. Investigators usually will not re-contact a victim unless the report leaves unanswered questions. If you feel you have additional information for the investigator, you can call (714) 536-5951(Monday through Friday).
Q. I have been assigned a detective, but I haven't received regular updates on the status of my case. Why is this?
A. The detective who has been assigned to your case is an experienced police officer who was specially selected for their assignment. Detectives receive additional training to develop the expertise needed to successfully investigate your case. Many investigations are extensive and complex, and detectives are assigned to work several cases at once. In order to manage their cases in a timely basis, detectives usually contact victims only when there are substantive changes in the case status. However, please feel free to contact your detective if you have any questions regarding the status of your case.
Q. I placed an order on-line and did not receive the product. I think it may have been a scam. What should I do?
A. Most Internet transactions can involve buyers and sellers in different states. Local police do not have the staffing, budget or authority to go out of state on those investigations. You can file a complaint through the Internet Fraud Complaint Center. Our Police Department may be able to assist you on transactions within California.
CRIME VICTIMS
Q. I am the victim of a crime and want to know why the detective has not arrested the identified suspect.
A. There are many reasons why a detective may decide to not arrest a suspect immediately. If the crime was a misdemeanor, California law states peace officers, including detectives, are generally prohibited from arresting adults, unless the crime occurred in the officer's presence.
Sometimes arresting the suspect might actually hamper some cases. When a suspect is arrested, there are time issues that need to be adhered to. The United States Constitution clearly states that defendants are afforded a speedy trial. Once a suspect has been arrested, the detective must comply with this constitutional standard. This may require the detective to forego a complete investigation to comply with this standard.
Additionally, an arrested person has rights regarding custodial interrogation. Non-custodial interrogation often results in a more complete investigation.
Q. I think I may be the victim of an identity theft. What should I do?
A. If you live in Huntington Beach, contact the Police Department at (714) 960-8811. An officer will ask you how you discovered the crime and if you have bank statements, copies of checks, or credit card statements. An identity theft report will be taken, if appropriate.
Q. My mail was stolen from my mailbox. Do I report that to the Post Office?
A. You can, but once mail is placed in a mailbox it is no longer the Postal Service's responsibility. You can file a theft report with the Police by calling (714) 960-8811.
Q. One of my checks was stolen and cashed outside of Orange County. Why was I told that HB Police would not investigate the forgery?
A. Experience tells us that the thief and the forger are rarely the same person. Jurisdiction falls on the county where the crime occurs. We have no jurisdiction to prosecute a case that occurs outside of Orange County.
Q. My ID was stolen and used to commit some forgeries. How can I get DMV and Social Security to issue me new numbers?
A. Both agencies are very reluctant to issue new numbers. We have no control over their policies. However, before they would even consider reissuing numbers, you would need a police crime report. Call the Police at (714) 960-8811 if you have not already reported the theft.
Q. I received a check that came back from the bank stamped "non-sufficient funds." What should I do?
A. After you have tried collecting from the accountholder with no success, you can contact the Police Department's Bad Check Detail at either (714) 536-5654 or (714) 536-5954 (if you received the check in Huntington Beach). They will assist you in determining how to best proceed to get your money back.
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