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CLERB FAQs
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November of 1990, the citizens of San Diego County voted to establish the Citizens' Law Enforcement Review Board. The Review Board is composed of eleven citizens who are appointed by the Board of Supervisors. The Review Board was established for the purpose of receiving and investigating complaints of misconduct by peace officers and custodial officers performing their duties while employed by the Sheriff's Department or the Probation Department. The Review Board is also able to investigate any deaths which occurred while in the custody of, or in connection with, actions of peace officers or custodial officers employed by the Sheriff's Department or the Probation Department. The Review Board advises the Board of Supervisors, the Sheriff and the Chief Probation Officer regarding citizens' complaints or deaths, or departmental policies and practices.
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Anyone may file a complaint regardless of age, citizenship, residence, disability, criminal record, incarceration or any other characteristic. This department is in compliance with the Americans with Disabilities Act
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The Review Board has jurisdiction over any allegation of misconduct, including: excessive use of force; discrimination or sexual harassment; the improper discharge of firearms; illegal search or seizure; false arrest; false reporting; criminal conduct; or misconduct. It also has jurisdiction to review departmental policies and practices.
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Misconduct means an alleged improper or illegal act, omission or decision, directly affecting the person or property of an individual due to any violation of Sheriff's Department or Probation Department orders or guidelines; or any act of improper or unbecoming conduct by a peace officer or custodial officer employed by the Sheriff's Department or the Probation Department.
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Yes. A complaint must be filed within one year of the event which led to the complaint, unless the person filing the complaint was incarcerated or physically or mentally incapacitated from filing following the event which led to the complaint. If that was the case, then the time of incarceration or incapacity is not counted in determining whether the one year period for filing the complaint has run out.
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Initial contact with the Review Board may be by phone, in person or in writing. However, all complaints must be in writing, must be signed under penalty of perjury and submitted to the Review Board. You may contact the Review Board at 1168 Union Street, Suite 400, San Diego, CA 92101-3819; Phone: (619) 238-6776; Fax: (619) 238-6775.
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When a complaint is filed with the Review Board, staff makes an initial evaluation. A copy of the complaint is sent to the Sheriff or the Chief Probation Officer when the complaint is received. After the initial evaluation the complaint is assigned to an investigator, who will contact the person who made the complaint. The complainant and any witnesses will be asked to describe exactly what they saw or heard, and submit sworn statements regarding this. A report will be prepared for the Review Board and the Board may subpoena persons or records. The Review Board may either make recommendations based on the report or may hold an investigative hearing on the complaint. The complainant will be kept fully informed of the progress of the complaint.
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No. The Review Board's task is to investigate complaints and to prepare reports with recommendations for the Board of Supervisors and other county law enforcement decision makers, based on the information discovered in its investigations. A citizen's right to pursue a criminal complaint or file a civil suit is not changed by the Review Board's complaint procedure.
You may contact the District Attorney's Office at 220 W. Broadway, San Diego, CA 92101, to seek to charge an officer with a criminal offense. If you want to bring a civil suit, you should contact an attorney. A statement of claim against the county must be filed with the County Claims Division, County Administration Center, 1600 Pacific Highway, Room 355, San Diego, CA 92101. Such action must be timely because time limits can impact a claim.
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