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Police auditor says California Supreme Court struck down complaint-form warning; Davis form avoids the language
Summary
Independent police auditor Michael told the Police Accountability Commission the California Supreme Court last month invalidated language warning that knowingly false complaints are a misdemeanor; he said Davis' complaint form does not include that language, accepts anonymous complaints, and offers informal inquiry options.
Independent police auditor Michael briefed the commission on a recent California Supreme Court decision that, by an 8–1 majority, found certain warning language in police complaint materials unconstitutional because it could chill potential complainants.
Michael quoted the language under review: "It is against the law to make a complaint that you know to be false," and said the court concluded that including that statement in pre-complaint materials could deter people from filing complaints. "The majority decided that this language could well dissuade individuals who wanted to make a complaint," Michael said, summarizing the court's reasoning.
Why it matters: Michael told commissioners that Davis has long omitted the chilling language and that the department's online complaint form is user-friendly and allows for both formal complaints and informal inquiries. He also explained that the auditor's office can accept emailed complaints, help complainants evaluate options and, if requested, accept anonymous complaints—though he noted anonymous submissions are often difficult to investigate because of limited follow-up information.
Michael described the Davis complaint form as among the best he has reviewed, praising its clarity and the presence of an "inquiry" option that lets a concerned resident request explanation without filing a formal misconduct complaint. He said the city accepts complaints by email or online form and that the auditor's office can act as an intermediary to protect complainant confidentiality when appropriate.
Commissioners asked about an informal mediation pilot (the police alternative conflict resolution program). Michael said the pilot remains available but has not been used recently, and that a former PAC member who had served as a facilitator is no longer active. He said the last known use of that mediation pathway was about three to four years ago.
