Employee Complaint Process
The employee complaint process is designed to ensure fairness, transparency, and accountability when concerns are raised about SPD employee conduct. This process protects the rights of employees while addressing complaints in a consistent and structured way. Below is an overview of each stage, from initial intake to final decisions on findings and discipline. If you have questions or need help, you can send an email to opa@seattle.gov.
You can always check the status of your case by using OPA’s Complaint Tracker.
Steps in the Complaint Process
1. Complaint is Received
Employees will receive a Notice of Complaint within 30 business days of OPA receiving the complaint. This is required by the collective bargaining agreement and is sent to every employee named in a complaint. Receiving it does not mean a full investigation will occur.
If a complaint involves an unknown employee, OPA will notify relevant bargaining units within thirty days. If OPA later identifies the employee during the investigation, that employee will receive notice within 30 days of being identified.
2. Classification
After a complaint is filed, an OPA investigator is assigned to start a preliminary investigation. They gather evidence, review documents and video, and if possible, talk to the person who made the complaint.
Next, a supervisor looks at the preliminary investigation and decides what the exact allegations are. They check to see if any laws or SPD policies would have been broken if the complaint turns out to be true. Allegations, for example, might include things like excessive force, biased policing, or unprofessional behavior.
OPA leadership then classifies the complaint within 30 days of when it was filed. The classification determines how the case will be handled. Here are the possible classifications:
Contact Log
This is used when:
- The complaint doesn’t involve a possible policy violation
- There isn’t enough information to continue
- The complaint is time-barred (too old) under the contractual statute of limitations
- The complaint was already reviewed or decided by OPA or the Office of Inspector General (OIG)
- The complaint is clearly false or is clearly implausible or incredible, and there’s no sign of other misconduct
If a complaint is a Contact Log, the employee gets an email with a Disregard Notice, and the case is closed.
Supervisor Action
This is for minor policy violations or performance issues that can be fixed through training, coaching, or communication by the employee’s supervisor. The employee usually gets counseling within 15 days of the complaint being classified.
“FYI” Supervisor Action
This is used when a complaint is deemed unfounded during intake but doesn’t meet the criteria to be closed as a Contact Log. In these cases, OPA tells the chain of command to do nothing except inform the employee that the complaint was closed.
Investigation
This is for complaints that claim an SPD policy violation or another serious issue that OPA must investigate by law or policy. OPA does a full investigation, which includes gathering more evidence and interviewing people involved or witnesses. This type of investigation can lead to formal discipline.
Expedited Investigation
This is for complaints that OPA must investigate, but OPA and OIG agree that the intake investigation already has enough information to make a decision.
This is used when:
- The evidence shows misconduct didn’t happen
- Minor misconduct happened, but training is a better option
- Minor misconduct may have happened, but the real issue is SPD policy or training, so OPA recommends a Management Action
In these cases:
- OPA usually does not interview the employee named in the complaint
- OPA may interview witnesses
Sometimes, if the case meets certain criteria, OPA may use an alternative dispute resolution method instead of doing a full investigation.
Alternative Dispute Resolution Methods
Mediation
Mediation gives community members and SPD employees a chance to talk about a misunderstanding they had. This is done with the help of a neutral, third-party person called a mediator. It is a voluntary, private experience where the people involved work together to reach an understanding. OPA decides which cases can go to mediation based on certain criteria, and is often used for issues like professionalism, bias, or miscommunication. If the mediator says the SPD employee participated in good faith, the complaint will not go on their disciplinary record.
Rapid Adjudication
Rapid Adjudication (RA) is a special program created through an agreement between SPD and the unions. It gives SPD officers a chance to take responsibility when they break department policy. Instead of going through a full investigation, the officer agrees to a set discipline ahead of time. This process helps resolve cases faster for everyone involved.
3. Investigation
If OPA decides the complaint needs a full investigation, the investigator assigned to the case will email the employee to set up an in-person interview. It’s the employee’s responsibility to contact their bargaining unit if they want representation during the interview. If the Classification Report says the complaint will be handled as an Expedited Investigation, there will likely be no interview. Employees who are not represented by a union can check the City Personnel Rules for more information.
After the investigation is complete, OIG reviews it to make sure OPA did a thorough, objective and timely investigation[KM1] . Then, the OPA Director recommends a finding for each allegation.
You can check the status of your case by using OPA’s Complaint Tracker.
4. Findings
The OPA Director or designee writes a memo to the employee’s chain of command that recommends a finding for each allegation based on the preponderance of the evidence standard. That means if more than 50% of the evidence supports the allegation, the finding will be sustained. The memo also summarizes the evidence and explains how the facts fit with the law and SPD policy. OPA usually issues findings within six months of the complaint being filed.
If the finding is sustained, the Chief of Police, and only the Chief of Police, decides the discipline.
If the evidence shows misconduct did not happen or if minor misconduct happened but is better handled through training or counseling, the finding will not be sustained and given one of these explanations:
- Unfounded: The evidence shows the violation did not happen as reported or didn’t happen at all.
- Lawful and Proper: The conduct did happen, but it was justified and followed policy.
- Inconclusive: The evidence doesn’t clearly prove or disprove the allegation.
- Training Referral: There was a potential, but not willful, violation of policy that does not amount to serious misconduct The employee will get training and counseling from their chain of command.
- Management Action: The employee may have acted against policy, but the real issue is unclear policy or training. OPA will recommend SPD fix that policy or training.
There may be extra administrative steps not listed here that take place before the case officially closes.
5. Discipline
If OPA recommends a sustained finding, the OPA Director (or someone they designate) has a meeting with the employee’s captain or civilian equivalent, an assistant or deputy chief, and SPD employment counsel. This group is called the “discipline committee.” They review the case and ask questions about the investigation and recommended findings. After the meeting, the committee suggests a range of discipline and gives it to the Chief of Police, who is the only person with the authority to decide and impose discipline.
The employee and their union are told about the proposed decision and the discipline committee’s recommendation in a document called the Disciplinary Action Report (DAR). This report is issued by the SPD Human Resources Director.
If the discipline is an oral or written reprimand and the committee doesn’t recommend anything more serious, the reprimand is given at this stage and signed by an assistant chief. The employee receives it through their chain of command.
If the proposed discipline includes suspension, demotion, or termination, the employee can meet with the Chief of Police before the final decision. This meeting is called a “due process” or Loudermill hearing. The Chief’s office schedules the meeting, during which the employee can share any information they want the Chief to consider. After reviewing the case, the investigation, and the employee’s record, the Chief makes the final decision on the findings and discipline. Then, the SPD Human Resources Director sends the final Disciplinary Action Report (DAR) to the employee and their union.