A Personnel Complaint is any allegation against an individual member(s) of the Department concerning conduct or performance that, if true, would constitute a violation of City or Department policy, federal, state, or local law, policy, or rule.

Inquiries about conduct or performance that, if true, would not violate department policy or federal, state, or local law, policy, or rule shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures, or the response to specific incidents by the Department.

Civilian-generated personnel complaints are resolved through a process called an Administrative Investigation. Typically, the Oceanside Police Department's Professional Standards Unit is responsible for completing all Administrative Investigations. Administrative Investigations include gathering facts and evidence, interviewing witnesses, and interviewing the accused member. Accused members are afforded procedural rights pursuant to Government Code 3300-3313. At the conclusion of this process, the accused member's Division Captain will determine the finding of the Administrative Investigation, and the Assistant Chief of Police is responsible for imposing discipline (if applicable).

Personnel Complaints can be submitted in person, over the phone, by mail, or online (https://oceansideca.seamlessdocs.com/f/OPDComplaint). Complaint forms are located at the Front Desk of the Oceanside Police Department and can be submitted to Staff or mailed in at a later date. Although written complaints are preferred, if you wish to file a complaint in person or over the phone, you can come to the Oceanside Police Department (3855 Mission Avenue, Oceanside, CA 92058) and ask to speak to an on-duty supervisor or call the on-duty Watch Commander at (760) 435-4980.

However, pursuant to Penal Code 148.6, complainants are advised prior to filing a Personnel Complaint that, “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.”

The length of an Administrative Investigation varies based on the complexity of the investigation and the capacity of the Professional Standards Unit. Absent legal exceptions, all Administrative Investigations must be completed within one year from the date the Department was made aware of the misconduct allegations (Gov. Code 3304). All Civilian Complaints are also independently reviewed by the City of Oceanside's Standing Oversight Committee. This process adds time to the final resolution of the complaint. If you have questions about the status of your complaint, please contact the Professional Standards Unit at (760) 435-4455 or by email at PSU@oceansideca.org.  

Upon completion of an Administrative Investigation, the accused member’s Division Captain, or authorized designee, will review the entire case and determine a disposition for each allegation.

Each allegation shall be classified with one of the following dispositions:

Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded (Penal Code § 832.8).

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 - A final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Government Code § 3304 and Government Code § 3304.5 that the actions of an officer were found to violate law or department policy (Penal Code § 832.8).

Sustained findings during an Administrative Investigation may result in disciplinary action, which is imposed by the Assistant Chief of Police, or authorized designee. Disciplinary action may include dismissal, demotion, suspension, reductions in salary, written reprimand, or transfer for purposes of punishment.

Pursuant to Penal Code § 832.5, all Personnel Complaints and any reports relating to these complaints shall be retained for a period of no less than 5 years for records where there was not a sustained finding of misconduct and for not less than 15 years where there was a sustained finding of misconduct.

Pursuant to Penal Code 832.7(f), the complainant will be notified of the final disposition of the complaint (Unfounded, Exonerated, Not Sustained, or Sustained) within 30 days of the finding. As a reminder, all Civilian-generated Personnel Complaints are independently reviewed by the City of Oceanside’s Standing Oversight Committee.

Based on the fact that Personnel Files are confidential by law, complainants will not be given access to the contents of the Administrative Investigation or disciplinary action taken (if applicable). However, civilian-generated Personnel Complaints where there were Sustained findings for unreasonable/excessive force, failure to intervene during unreasonable/excessive force, sexual assault, dishonesty, discrimination, and/or unlawful search or arrest are considered Public Records and are available for public inspection.