FAQs

About the DPA

Q: What is the DPA and what does it do?

A: The Department of Police Accountability (DPA) is a civilian-run City agency that investigates complaints about on‑duty misconduct by San Francisco police officers. DPA looks at whether officers followed the rules and recommends changes to improve policing.

Q: How long has the DPA been around?

A: The DPA started its work in 1983.

Q: Why was the DPA created?

A: It was established after voters approved a local ballot measure.

How DPA Works With the Police Commission

Q: How are the DPA and Police Commission connected?

A: The DPA is a staffed civilian agency.

• The Police Commission is a group of seven volunteer civilians—four chosen by the Mayor and three by the Board of Supervisors.
• The Commission hires the DPA Director (with approval from City leaders) and can also remove them.
• The DPA Director reports to the Commission at weekly meetings.
• The Commission has the authority to organize and oversee the DPA.

Q: How do they work together on cases?

A: The DPA investigates complaints and decides whether misconduct happened.

• If the DPA “sustains” (proves) a complaint, the case goes to the Chief of Police or the Police Commission.
• Serious or complex cases, or those with high public interest, may be heard by the Commission.
• The Chief can issue discipline of up to a 10‑day suspension; anything more serious goes to the Commission.
• The Chief and the DPA can both file formal misconduct charges with the Commission.

Filing a Complaint

Q: Why should I file a complaint?

A: Complaints help DPA find problems, hold officers accountable, and improve policing for the community.

Q: What kinds of complaints does the DPA investigate?

A: The DPA must accept every complaint from the public about on‑duty police misconduct or improper performance by an SFPD officer.

Q: Will the officer know that I complained?

A: Yes. DPA has to inform the officer and their supervisor to investigate the case.

You can file anonymously, but anonymous complaints need additional evidence to be proven.

Q: What if I speak a language other than English?

A: DPA has staff who speak Spanish, Tagalog, Russian, Mandarin, Cantonese, and Burmese. If you speak a different language, DPA will provide a free interpreter.

During an Investigation

Q: What does it mean when DPA investigates my complaint?

A: The DPA reviews what happened, gathers evidence, interviews people, and checks if officers followed policy. They also look for patterns so they can improve future policing.

Q: How long does an investigation take?

A: Most cases take nine months to a year. Some take longer if there are legal delays.

Q: Will I get updates?

A: Investigators may contact you if they need more information. Otherwise, the only update DPA can give is if the case is open or closed. When the case closes, you’ll get a letter with the outcome.

Q: What rights do officers have during the investigation?

A: Under the Peace Officers’ Bill of Rights, officers receive:

• Notice of the allegations
• A chance to speak with the DPA
• Representation during interviews
• Notice of the final decision

Officers must appear if the DPA requests it.

Access to Records

Q: Can I get a copy of the case file?

A: DPA can only give you:

• A copy of your complaint form
• Your recorded interview
• The final Findings Letter

Most other records are confidential because of California laws.

Q: Why can’t I see the rest of my file?

A: State laws protect police personnel records and limit what DPA is allowed to share.

Q: Can I get police reports or body‑camera footage?

A: These belong to the Police Department. You must request them directly from SFPD.

Confidentiality and Public Records

Q: Are some cases not confidential?

A: Yes. Under California’s “Right to Know” law, some serious cases can be released to the public, including:

• Officer‑involved shootings
• Serious injuries
• Excessive force
• Sexual assault
• Biased policing
• Dishonesty
• Illegal searches or arrests

It may take months or years to release them because the investigation must be complete and personal information removed.

After an Investigation

Q: What happens when the investigation ends?

A: You and the officer get a letter explaining whether the officer followed the rules. If there was wrongdoing, the DPA recommends discipline and may suggest policy changes.

Q: What penalties can officers face?

A: Discipline can include a warning, suspension, or termination.

Q: Will my complaint help my lawsuit or criminal case?

A: No. DPA investigations are separate from criminal and civil cases. Even if DPA finds wrongdoing, it doesn’t automatically lead to charges or liability in court.

Q: Is mediation or restorative justice an option?

A: Sometimes. Instead of a full investigation, you may be offered mediation to speak directly with the officer about how their actions affected you.

Q: What if I don’t agree with the final letter?

A: You can:

• Ask for a case review to hear a summary
• Request an investigative hearing

Your case can be reopened if you provide new information not available before.

Q: What is the Department of Police Accountability? Is it the same as the Office of Citizen Complaints?

A: In 2016, voters passed Proposition G, which changed the name of the Office of Citizen Complaints (OCC) to the Department of Police Accountability (DPA).

DPA still investigates complaints about police misconduct, files disciplinary charges when needed, and makes policy recommendations.

The Police Commission continues to oversee both the San Francisco Police Department and the DPA.

One major change is that DPA now has audit authority, which means it must review SFPD’s use‑of‑force policies and how the department handles misconduct claims at least every two years.

Q: Why is this matter a DPA complaint?

A: The San Francisco Charter requires DPA to investigate all complaints about police use of force, misconduct, or failure to perform duties.

DPA must investigate every complaint fairly, even before knowing whether it has merit. DPA also investigates officer‑involved shootings that cause injury, even if no complaint was filed.

Q: Who can file a complaint with DPA?

A: Anyone can file a complaint about a San Francisco police officer.
You do not need to live in San Francisco, be a U.S. citizen, or speak English.
You can report something that happened to you or something you witnessed.

Q: How does DPA decide what the allegations are?

A: Investigators review your written and verbal statements and examine the incident as a whole. They may add allegations if they see possible violations of law or policy.

• The main allegation categories are:
  • Unwarranted Action: The officer did something unnecessary or unrelated to police duties.
  • Neglect of Duty: The officer failed to do a required task.
  • Use of Force: The officer used more force than reasonably needed.
  • Conduct Unbecoming: The officer acted rudely or behaved in a way that harmed public trust.

Q: What does a Notice and Order to Appear mean?

• A: This notice means you were identified as a named member or a witness in a DPA investigation.
  You must personally attend the interview at the date and time listed.
• DPA interviews are for gathering facts. The investigator will ask about your actions and may ask what you observed about others involved.
• You should bring notes or materials related to the incident.
• If you fail to appear or don’t give at least 24 hours’ notice to reschedule, it may violate General Order 2.04 and lead to discipline.

Q: What does it mean to be a Named Member?

• A: A named member is the officer who is the subject of the investigation and may face discipline.
  You have rights under the Peace Officers Bill of Rights (POBR), including:
  • The right to have a representative at the interview (as long as they are not also involved in the incident).
  • The right to record the interview.
  • The right to know what the investigation is about.

Q: What does it mean to be a Witness?

• A: A witness is NOT the subject of the investigation.
  You must answer all questions truthfully.
  POBR protections do not apply to witness interviews.

Q: What does ID Pending mean?

A: ID Pending means DPA hasn’t yet confirmed which officer was involved.
Because you could possibly be the officer in question, you receive full POBR rights during the interview.

Q: How is this process fair to officers?

A: DPA investigators are neutral. They focus on finding out what happened and improving police services.

You are required to answer questions under General Order 2.08, but the interview also gives you a chance to explain your side of the story.

Q: What are my rights and responsibilities during DPA interviews?

A: Under POBR, you have rights such as:
• Having a representative
• An administrative appeal
• The right to review and respond to negative comments in your file

You must answer questions related to on‑duty activities, including the incident, your actions, procedures, and your training.

You and your representative must act professionally. Failure to do so may result in discipline.

Q: What are the rights and responsibilities of my representative?

• A: You must personally answer all questions.
  Your representative cannot answer for you or interfere with the interview.
  At the end, you can add information, suggest witnesses, or offer evidence.

Q: How does DPA reach findings?

• A: DPA gathers evidence, reviews laws and policies, and analyzes the facts.
• Findings are made by the full investigative team, not just one investigator.
• If misconduct is found (a “sustained” allegation), the Legal staff reviews it before it goes to the DPA Executive Director for approval.

Q: How will I learn the results?

A: DPA sends letters to the complainant and any named members explaining the findings.
If you were interviewed under ID Pending and do not receive a letter, you were not identified as the officer involved.

Q: What if I disagree with DPA’s findings?

A: You may request an investigative hearing within 10 days of receiving the findings letter.
Your request should show at least one of the following:
• New or missing evidence
• A reason to question the investigation’s conclusion
• That an in‑person hearing would help clarify facts
• A long time has passed since the incident
• A hearing would help build public confidence
• Any other reason showing a hearing is necessary

DPA will notify you by mail whether the request is approved.

Q: What is a Member Response Form (MRF)?

A: An MRF is a written questionnaire sent instead of an in‑person interview.
You must return it within 21 days unless you request an extension with good cause (such as illness or an emergency).

Only the DPA Executive Director or their designee can approve extensions.

Q: What is mediation?

A: Mediation is a voluntary process where the complainant and officer meet with a trained mediator to discuss the incident.

It is used only in eligible cases and must be agreed to by both sides.
If a case is successfully mediated, it does not count as discipline on the officer’s record.

Q: How is discipline determined?

A: If DPA finds misconduct, it recommends discipline to the Chief of Police or the Police Commission.

Discipline follows the principles of fairness and progressive discipline.
The Police Department’s guidelines help determine the appropriate consequences for each case.