Commendation/Complaint Forms and Procedures

The Durham Police Department is committed to working in partnership with the community to provide the best service possible. Input from the community is important and helps us evaluate the services we provide.

We are providing commendation and complaint forms online. Please print out the forms, fill them out and then mail them to the Police Department.

Please mail Commendation Forms to:

Please mail Complaint Forms to:

Citizen Complaint Procedure

A complaint may be made by any citizen and can be made by telephone, by mail or in person. Anonymous complaints will be handled at the discretion of the Chief of Police.

In the event an internal affairs investigator is not available to take a complaint, a complaint may be submitted to the desk officer or any member of the Police Department holding the rank of sergeant or above. All complaints will be forwarded to the Professional Standards Office for processing.

Upon receipt of a complaint, a determination will be made by the Chief of Police or the commander of the Professional Standards Division as to whether it is a criminal or administrative investigation. Assignment of the complaint is at the discretion of the Professional Standards commander.

The function of the Internal Affairs Unit is to provide oversight and ensure the integrity of the Durham Police Department and its personnel, both sworn and non-sworn.

A proper relationship between the police and the citizens of Durham fostered by confidence and trust is essential to effective law enforcement. Police officers must be free to exercise their best judgment and initiate action in a reasonable, lawful and impartial manner without fear of reprisal. At the same time, they must observe the rights of all people.

This system of complaint and disciplinary procedures not only subjects the officer to corrective action when he conducts himself improperly, but also protects him from unwanted criticism when he discharges his duties properly.

Once filed, a complaint is thoroughly investigated. A report is prepared which includes taped and/or signed statements from the complainant, the accused and all witnesses.

The completed investigative report also includes a narrative summary of the events and a finding of facts as determined by the taped and/or signed statements of those involved. Prior to leaving the Internal Affairs Unit for disciplinary recommendation, the report is reviewed by the Professional Standards commander for completeness and objectivity.

The report must not reflect any personal opinion, but rather present an unbiased picture of the circumstances as they actually occurred. This permits the examiner to make a proper recommendation, based on the facts and investigative findings presented.

The finalized report will be reviewed by the employee's chain of command. The chain of command will recommend case disposition, and disciplinary action if necessary to the Chief of Police.

The employee's chain of command may consist of his/her immediate supervisor, division commanders, bureau commanders and the Chief of Police.

The dispositions of the complaints are classified as follows:

UNFOUNDED Incident did not occur or officers not involved
EXONERATED Incident occurred but officer acted lawfully and properly
NOT SUSTAINED Insufficient evidence to prove or disprove the allegation
SUSTAINED Allegation is supported by sufficient evidence
POLICY FAILURE The allegation is true; actions of the agency or officer was not inconsistent with agency policy

In all cases, the officer is notified of the disposition.

Discipline

There are six levels of discipline for a City of Durham employee. They are coaching and counseling, verbal reprimand, written reprimand, suspension, reduction of salary or demotion, and termination.

A complainant will not be told the level of discipline that an employee receives due to the Personnel Privacy Act.

Citizens Review Board

The Citizens Review Board will hear appeals of complaint dispositions in three primary areas - Use of Force, Unethical Conduct and Arrest, and Search and Seizure. The Board oversees Internal Affairs Unit; however, they do not investigate complaints. They only handle appeals of decisions made by the Police Department’s Internal Affairs Unit.

The Citizens Review Board is composed of nine members. The members are Durham citizens who are appointed by the City Manager.

The primary function of this non-partisan board is to hear cases from persons claiming to be aggrieved by an action of a Durham Police employee.

Upon receipt of a case disposition, a complainant has 14 calendar days to notify the City Clerk's Office in writing that they wish to appeal the case to the Board.

The Board will make a written recommendation to the City Manager on each case.

The Board will then determine whether, based on the facts of the case, to hold an appeals hearing.

The City Clerk's Office can be contacted at 560-4166.

Summary of Complaint Procedures

1. Telephone the Internal Affairs Unit at 560-4430, Monday through Friday from 8 a.m. to 4:30 p.m., mail in the online complaint form or come in person to the Police Department at 505 West Chapel Hill Street.
2. Present your complaint to the Internal Affairs investigator
3. The case is then assigned for investigation.
4. Complainant is informed of the disposition by letter.
5. If complainant is not satisfied with the disposition, the complainant may refer the case to the Citizens Review Board.