Staff Report. Citizen Complaints
PREPARED BY: Gabrielle Whelan
Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Police Chief, and Interim
Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/18/2022 ITEM NO: 10
DATE: October 10, 2022
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Receive an Annual Report Regarding the Independent Police Auditor Function
RECOMMENDATION:
Receive an annual report regarding the Independent Police Auditor function.
BACKGROUND:
The Los Gatos-Monte Sereno Police Department (LGMSPD) personnel are held to the highest
standards of conduct both on and off duty. As a critical component of building and maintaining
trust with the community, allegations of misconduct by sworn members of the LGMSPD must
be investigated in a manner that is fair, impartial, independent, thorough, and timely.
On September 8, 2020, the Town hosted a Community Workshop regarding Police practices and
subsequently potential changes were reviewed and discussed with community input at the
September 15, 2020 and November 3, 2020 Town Council meetings. On November 3, 2020, the
Town Council voted to authorize the Town Manager to establish an Independent Police Auditor
(IPA) function with a panel of diverse rotating independent investigators and requested the
publication of quarterly IPA reports. On May 18, 2021, the Town Council authorized the Town
Manager to enter into agreements with three firms who responded to a Request for
Qualifications and were determined to be the most qualified to serve as independent
investigators.
The IPA function creates distance between the Police Department in the review, investigation,
and analysis of community complaints regarding police activities.
PAGE 2 OF 2 SUBJECT: Independent Police Auditor Function DATE: October 18, 2022
BACKGROUND (continued):
For this reason, complaints may be submitted to the Town Clerk or through an online complaint
form. The Town Attorney then reviews the complaint and any applicable materials, such as
video footage, in order to determine whether the complaint should be referred to an
independent investigator who is overseen by the Town Attorney. This process has been
documented in an Administrative Procedure which may be updated by the Town Manager
consistent with Town procedures.
The Council requested quarterly summary reports; however, given the low number of
complaints received, this is the first report since the establishment of the IPA function.
DISCUSSION:
The current Procedure provides that complaints may be made either in writing or verbally.
Town has received six complaints since the IPA function was established. When a complaint is
received, it is evaluated by the Town Attorney after review of back-up information. Of the
complaints received since the Procedure’s adoption, two resulted in Supervisory Referrals and
the remainder were unfounded. No complaints were submitted to an independent
investigator.
CONCLUSION:
Based on our recent experiences, Town staff are amending the Administrative Procedure to
require that all complaints be made in writing and to clarify the possible determinations to be
made after an initial review of the complaint.
FISCAL IMPACT:
Based upon recent experience, review of a complaint requires approximately 20 hours of staff
time, which includes review of the complaint and any related body cam footage and
communication with the complainant, and is absorbed into the Town Attorney’s budget. Fees
have not been established to recover these costs. The adopted budget contains funds to pay
for consultant costs if an independent investigation is warranted.
ENVIRONMENTAL ASSESSMENT:
This report is not a project defined under CEQA, and no further action is required.