Filing an Individual Complaint with the Berkeley Police Review Commission (PRC)

You may obtain a complaint form, an individual complaint process form, or mediation information, by requesting it through the PRC office at (510) 981-4950, or by printing from this website by clicking the appropriate link below:

         Option 1
     1a. PRC Brochure    
     2b.
 Complaint Form Rev. 4/3/14
     3c. Individual Complaint Process 10/26/11

 
          
Option 2
     2a. 
Mediation Brochure - SEEDS
     2b. Mediation Process - SEEDS


          Documentos en Espanol
Comision de Investigacion de Conducta Policial - Berkeley

          Opcion 1
     1a. Folleto Informativo     
     2b. Formulario de Queja Rev. 3/15/13    
     3c. Procedimiento de Queja Individual  

          Opcion 2
     2a. Folleto Informativo de Mediacion - SEEDS 
     2b. Procedimiento de Mediacion - SEEDS


Note:
  These forms are in pdf format.  To read pdf applications, download Adobe Acrobat Reader for free at www.adobe.com/prodindex/acrobat/readstep.html                        

  • A complaint must be filed within 90 days of the date of the incident.  Six commissioners, upon a showing of good cause, may extend this time limit by another 90 days; however, the subject officer(s) does not have to participate in the process in late-filed cases. If your complaint is filed more than 90 days after the incident date, you must submit a Late File form.

  • A copy of the complaint and Notice of Allegations will be sent to the Internal Affairs Bureau of the Berkeley Police Department.

  • In most cases, you will have the option of choosing mediation instead of an investigation.  PRC staff will discuss this option with you.

  • A complaint must allege facts that, if true, would establish that misconduct occurred.  Any complaint that does not allege such facts or that is frivolous or retaliatory may be referred to the Commission for closure.

Representation

You may represent yourself or obtain a representative.  The following groups may be helpful and provide assistance and referrals:   

Complainant's Responsibilities

As a complainant, you have certain responsibilities.

  • You must be available for an interview with a PRC Investigator.  It is preferable that an interview be conducted when you file your complaint.  If the PRC Investigator is not available, or if your schedule does not permit, you should make an appointment for an interview when you file your complaint.

  • You should provide contact information for any witnesses to the incident.

  • You must inform PRC staff if you move or change your phone or message number.  Your case will be recommended for closure if the PRC Investigator cannot contact you.

  • You must attend the Board of Inquiry hearing.

Procedure

  • Within one month of filing the complaint, you should receive a copy of the formal allegations of misconduct under investigation. These are the only allegations that will be investigated and heard by the PRC. If you have questions about the allegations, please discuss your concerns with the PRC Investigator.

  • A Report of Investigation will be prepared within 75 days of the date of filing the complaint.

  • You will be contacted before the hearing is scheduled, and will receive a written notice at least a week before the hearing date with information about hearing procedures.  The Board of Inquiry is a three-member panel of commissioners who will hear testimony from you, the subject officer(s), and any witnesses.  The subject officer(s) or their representative(s) will have an opportunity to cross-examine you.   The commissioners will ask questions as appropriate.

  • The Board of Inquiry's findings will be mailed to the parties soon after the hearing.  You have the right to appeal to the full Commission for a new hearing within 15 days of the mailing of the decision, if "...there is newly discovered evidence...or, if it is shown that there was substantial procedural error likely to have affected the outcome."  (PRC Regulations, Section III.21)

  • The findings are then sent to the City Manager and the Chief of Police, and may be considered in any disciplinary action.

  • If you have any questions about this process, please call (510) 981-4950; or, send an e-mail to prc@cityofberkeley.info