Transparency Frequently Asked Questions
You may file a complaint in person at Sheriff’s Office Headquarters (1350 Norris Road, Bakersfield, CA. 93308) or any Sheriff’s Office substation or select county facilities. You can call the Sheriff’s Office Internal Affairs Unit at (661) 391-7470 or contact our non-emergency number at (661) 861-3110 and request to speak to the Watch Commander. You can email your complaint to sheriff@kernsheriff.org or fax your complaint to (661) 391-7637 or go to kernsheriff.org to file a personnel complaint online.
A personnel complaint is an allegation of misconduct by an employee of the Kern County Sheriff’s Office, which if found sustained, could result in disciplinary action against the employee.
A complaint may be filed by anyone who is dissatisfied with the conduct of an employee.
Internal affairs investigations are taken very seriously. Complaints are assigned to Internal Affairs Investigators or supervisory staff within the Sheriff’s Office depending on the allegations. Regardless, a thorough investigation is complete which includes collecting evidence, interviewing witnesses, and presenting the investigation to command staff to determine if any county or department policies were violated.
California Government Code 3300 dictates that all personnel complaints against peace officers be completed within one year of the complaint unless otherwise extended due to extenuating circumstances.
Yes, after all the evidence and interviews are obtained, the investigator files a report which is reviewed by command staff personnel. The Sheriff’s Office administration reviews the completed investigation and at the conclusion of the review, one of four dispositions will be determined for each allegation of misconduct. The complainant will be notified by letter of the disposition of their complaint.
Unfounded - Clearly establishes that the allegations are not true. This finding also applies when the individual members(s) named were not involved in the act or acts which may have occurred.
Exonerated - The acts which provided the basis for the complaint or allegation occurred, however, investigation revealed that they were justified, lawful and proper.
Not Sustained - Investigation failed to disclose sufficient evidence to clearly prove the allegation made in the complaint or to conclusively disprove such allegations.
Sustained - The investigation disclosed sufficient evidence to clearly prove the allegation made in the complaint.
California law states sworn peace officer/civilian personnel records are confidential and can only be divulged through a special court order during criminal or civil proceedings. This means you will be notified of the disposition of your complaint, but by law, the Sheriff’s Office cannot divulge any information regarding policy violations or disciplinary and administrative actions.
This indicated that the Sheriff’s Office has reviewed the allegations and they will be formally investigated.
Administrative investigations are no different than any other investigation and involves a deep dive into the allegations to determine if any Kern County Sheriff’s Office Policy or County of Kern Policy was violated. These investigations require collection of evidence, multiple interviews, documentation, and reports.
Once the investigation is completed, the report and all evidence and documentation are provided to the involved employee’s Commander and Chief Deputy for review to determine any policy violations or disciplinary and administrative actions.
Administrative leave can come in two forms: disciplinary and non-disciplinary. Disciplinary administrative leave means allegations have been made against an employee which does not permit the Sheriff’s Office to allow the employee to continue working until the investigation is completed. Non-disciplinary administrative leave means an employee is under investigation for an event that occurred during their normal course of duty which requires special attention. It is not an indication that the employee did anything improper.
Yes, pursuant to department policy and MOU’s employees under investigation are entitled to due process and will usually continue to be paid until the investigation has been completed. The deputies involved will be placed on routine administrative leave pending the Incident Review Board findings. It is a priority for both internal affairs and detectives to perform a thorough investigation as quickly as possible. We ask for everyone’s understanding that we are taking these concerns seriously, while balancing legal requirements to provide due process.
Yes, the Sheriff’s Office reports annual statistics of personnel complaints against peace officers to the California Department of Justice (DOJ). This information can be found on the DOJ website: openjustice.doj.ca.gov
If you have questions or want to inquire the status of your complaint, please contact the Internal Affairs Unit at (661) 391-7470.
You can view the Kern County Sheriff's Office Policies here: http://www.kernsheriff.org/Policies
It is the policy of the Kern County Sheriff's Office to conduct investigations into all critical incidents that involve the use of deadly force, any discharge of a firearm by a Sheriff's Office member, or any in-custody deaths. This policy does not cover intentional firearm discharges during training or accidental discharges at the firing range, unless the accidental discharge results in an injury. The Kern County Sheriff’s Office strives to maintain a relationship of trust and confidence with the community. In keeping with this goal, it is the policy of the Sheriff’s Office to diligently investigate all use of force and personnel complaints stemming from use of force incidents in a fair and impartial manner.
Criminal investigations involving the use of force will be tasked to either the Detectives Section or the Professional Standards Unit at the discretion of the Sheriff or his/her designee.
In accordance with DPPM F-1100, Lethal Category 3 incidents will require investigation by the Detectives Section. Non-Lethal Category 3 incidents require consultation with the Detective Commander. After consultation, Non-Lethal Category 3 incidents may be escalated to a full Category 3 review, or a Category 2 review.
Procedures for filing, investigation, and reporting of complaints regarding use of force incidents are outlined in Kern County Sheriff’s Office Department Policies and Procedures Manual Section D-0600. The Internal Affairs Section will be responsible for any administrative investigations relating to the use of force and such investigations will comply with the complaint policies set forth in DPPM D-0100 through DPPM D-0800.
See California Penal Code 832.5 and Government Code 3300 et seq. for further details on the rules governing administrative investigations of complaints.
The Kern County Sheriff’s Office not only has jurisdictional authority of the location in which the incident occurred, but has an obligation per policy to investigate significant events involving its employees. We must also remain cognizant of the burden such an investigation places on our local partners and how that impacts their operations. At the onset of every incident, we thoroughly evaluate the circumstances for any conflicts of interest to ensure compliance with our policies.
In the event any conflicts of interest arise, we will work with our law enforcement partners to determine a remedy. For the criminal investigation, the matter will be referred to the Kern County District Attorney’s Office for an independent review. For any potential misconduct, an Administrative investigation will take place and any allegations outlined in PC 13510.8 are submitted to California POST for an independent de-certification review. In some very narrow circumstances, an independent investigation may be completed by DOJ.
At the conclusion of a critical incident investigation, an Incident Review Board convenes to determine whether or not the use of force used by the deputies involved was within established Kern County Sheriff’s Office policies. The board consists of all Chief Deputies of the Sheriff’s Office, or their designee, and a County Counsel Representative is presented the facts of the investigation. The board will receive a presentation of the facts and then render a decision as to whether or not the force used was within policy. For further details, see F-1200.
Within 90 days of completion of the investigation of an incident, the KCSO provides copies of all investigative reports, witness statements, recordings, photographs, diagrams, body camera videos, and all other relevant evidence and documents to the District Attorney’s Office, unless there is good cause for delay. Upon request, KCSO shall make any item of evidence available for inspection. The District Attorney’s Office will conduct a timely review and determination relating to criminal law pertaining to the use of force. Additional investigation requests will be directed to the primary investigating agency. If the primary investigating agency declines or does not perform the additional investigation, the District Attorney’s Office may independently conduct the additional investigation.
Under Penal Code 832.7, the District Attorney may access the personnel file of any deputy involved in an incident. The District Attorney’s Office acknowledges that such review is limited to the development of information pertaining to the investigation of the incident only and that such information reviewed will be kept strictly confidential. Information learned from such a review cannot be made public or otherwise disclosed absent compliance with Pitchess procedures codified in Evidence Code 1040 et seq.
The District Attorney shall conduct an independent assessment of the circumstances surrounding incidents and will issue written findings. The District Attorney’s findings will be made available to the public via the District Attorney Office’s website after a copy of the findings has been provided to the agency that employs any deputies or officers involved in the incident.
Upon completion of the District Attorney’s review, if no criminal conduct has been identified, all reports and evidence received during the review process will be returned to the investigating agency. The District Attorney retains the authority to conduct an independent investigation. When deemed necessary by the District Attorney, either independently or upon request of the employing or jurisdictional agency, the District Attorney may perform an original independent investigation. Such an investigation would be separate from that typically conducted by the jurisdictional or employing agency. The District Attorney will notify the investigating and employing agency if an independent original investigation is being conducted unless such notification would compromise the integrity of the investigation.
The District Attorney will also review the case for potential prosecution against surviving suspects.
Government Code 12525.3 relates to officer-involved shootings resulting in the death of an unarmed civilian. The provisions of Government Code 12525.3 create scenarios where the Attorney General’s Office is statutorily responsible for independent investigation and potential prosecution in cases where an officer-involved shooting results in the death of an unarmed civilian.
Government Code 12525.3 defines an “unarmed civilian” as “anyone who is not in possession of a deadly weapon.” The District Attorney will no longer conduct reviews of cases that fall under the Attorney General’s purview, as identified in Government Code 12525.3 or subsequent legislation.
Per the California Division of Law enforcement “ California Police Shooting Investigation Teams – Investigation Procedural Guidelines (July 2021)” a “deadly weapon” includes, but is not limited to, any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum, ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. (Gov. Code, § 12525.3, subd. (a)(1).)
Per DOJ Information Bulletin 2022-DLE-01, the following are further guidelines on what does/does not constitute a deadly weapon:
a) All firearms and BB/pellet guns, even if unloaded or inoperable, are deadly weapons.
b) Objects that have a legitimate non-weapon purpose are considered deadly weapons only when, based on all the circumstances, they are used in a manner likely to produce death or great bodily injury. The following are examples of objects that have been considered deadly weapons when used in that manner: knives, box cutters, screwdrivers, bottles, chains, automobiles, rocks, razor blades, baseball bats, and iron bars.
c) Replica firearms (including Airsoft guns) are not considered deadly weapons unless they are used in some particular manner likely to produce death or great bodily injury (e.g., as a bludgeon).
Agencies responding to an incident falling within Govt. Code 12525.3 shall promptly notify the 24-hour call center at LA Clear. LA Clear notifies the Department of Justice (DOJ) Division of Law Enforcement (DLE), which contacts the reporting agency to confirm the incident falls within the scope of section 12525.3. DLE informs DOJ’s Criminal Law Division through a Supervising Deputy Attorney General (SDAG). The SDAG may provide legal advice on whether a particular case falls within the scope of section 12525.3. The SDAG provides further notice to the Senior Assistant and Chief Assistant Attorneys General. The SDAG will assign a Deputy Attorney General (DAG) to respond to the scene. The SDAG will also communicate with the local District Attorney’s Office and coordinate the handling of the incident or any related offenses.
For further information about the POST Decertification Process, please visit their website https://post.ca.gov/SB-2-FAQs
If any misconduct is discovered, corrective action will be taken. The degree of which is largely dependent upon the circumstances of each case. Corrective actions can include, but is not limited to, remedial training, counseling, performance improvement plan, written reprimand, reduction of pay, suspension, or termination. In addition, there may be additional criminal sanctions.
To do so, while transparent, but would be at the expense of further violating our own policies to perform these investigations in accordance with state law. California law states sworn peace officer/civilian personnel records are confidential and can only be divulged through a special court order during criminal or civil proceedings.
This means the complainant will be notified of the disposition (e.g. Sustained, Not Sustained, Exonerated, or Unfounded), but the Sheriff’s Office cannot divulge any specific information regarding the policy violations or disciplinary actions imposed on employees.