Complaint Procedure
OVERVIEW
The Battle Creek Police Department is a values driven organization, displaying the legitimacy of our actions through our acts and deeds. One of our goals is to maintain trust with the community we serve through transparency. BCPD has developed this online guide to filing a complaint against an employee for those instances when you have an issue with the way a BCPD employee has handled a specific incident.
The Battle Creek Police Department takes seriously all complaints regarding the service provided by the Department and the conduct of its members. The Office of Professional Standards has authority over the investigation of personnel complainants.
LINK TO DOWNLOAD FILLABLE/PRINTABLE COMPLAINT FORM
Most complaints can be resolved by speaking with a supervisor who can provide additional information or context to the incident, however if this does not occur, the Office of Professional Standards will complete an in-depth and thorough investigation. Such an investigation may include the interviewing of all complainants, witnesses and involved employees. The Office of Professional Standards will complete its investigation within 45 days of the filing of a complaint. In the event that this time period is not sufficient to complete the investigation, the supervisor assigned to the investigation will contact the complainant and provide them with an estimated completion date based on the status of the investigation.
Upon conclusion of the investigation by the Office of Professional Standards, the investigation and its findings will be forwarded to the Chief of Police for final determination. The Office of Professional Standards will provide written notice to both the complainant and the employee of the final disposition of the investigation and provide each with an opportunity to discuss the disposition.
Should the complainant disagree with the investigation or the Chief’s final disposition, he or she may file an appeal with the City Manager’s Office. Instructions for filing an appeal of the investigation's findings will be included in the written notice to the complainant. The appeal must be filed within 15 business days of receiving the written notification.
The Office of Professional Standards’ mission is to ensure the integrity of the Battle Creek Police Department is maintained. High standards of professional conduct must be followed and our administrative, operational policies and procedures must conform to standards set by the City government and current legal requirements. The Office of Professional Standards vigorously investigates complaints against officers and employees to ensure these values are maintained, our members’ conduct is professional and legal, and to protect them against false or malicious allegations of misconduct by ensuring thoroughness and fairness in all investigations.
Any person may file a complaint against an employee of the Battle Creek Police Department. Complaints may be filed in person, by telephone, email, mail, or through the BCPD website.
Although it is not required, the Department encourages community members to make these reports in person or to provide their name and phone number so a supervisor has an opportunity to do a thorough investigation of your complaint.
Complaints will be received by any BCPD supervisor or personnel assigned to the Office of Professional Standards. All complaints against the Battle Creek Police Department and/or its’ employees will be investigated thoroughly and the complainant will be notified of the findings of the investigation.
Anonymous and third-party complaints are also accepted and will be investigated to the extent that sufficient information is provided. However, if you choose not to provide your contact information, the investigators will be unable to ask you follow-up questions that might be needed for a thorough, complete investigation.
Minor Incident Resolution – When the complaint is resolved with the complainant agreeing with the supervisor’s effort to resolve the matter informally and no further action is required.
Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members.
Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member.
Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct.
Policy Failure - A flaw in policy may have been a causative factor.
Violation of departmental policies could result in one of the following actions:
• Training
• Coaching and Counseling
• Verbal Reprimand
• Written Reprimand
• Suspension without Pay
• Termination