1. (a) By January 1, 2027, every Employing Agency shall develop and implement policies identifying an Investigating Agency or Agencies and an Adjudicating Agency or Agencies with responsibility for the investigation and adjudication, respectively, of Covered Complaints involving the Employing Agency's Peace Officers. The policies shall be developed in consultation with all agencies named in each respective policy, and each agency assigned responsibility must consent to such responsibility. A copy of each policy shall be shared with all agencies named in that policy and with any other Appropriate Oversight Agencies in the Employing Agency's jurisdiction. The Employing Agency may identify itself as an Investigating Agency, and may identify itself as an Adjudicating Agency.
2. (b) Responsibility for the investigation and adjudication of Covered Complaints shall be assigned to one agency or allocated among multiple agencies based on available resources, the nature of the allegations (e.g., implicating criminal allegations or not), avoidance of conflict of interest, or other relevant factors. Any policies developed pursuant to this section shall be consistent with all other provisions within these regulations, and subject to applicable law.
3. (c) An alternate Investigating Agency must be identified with respect to circumstances in which the primary Investigating Agency is unable to comply with Section 999.306, subdivisions (a) and (b). The alternate Investigating Agency may be in a different jurisdiction than the Employing Agency if all involved agencies consent.
4. (d) All policies and procedures implemented pursuant to this Section are subject to applicable state, county, and municipal law or other directive from a superior body. Implementation is not subject to collective bargaining with a personnel union or any other private agreement.
5. (e) The assignment of an Adjudicating Agency shall not affect any rights to administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code.

Note: Authority cited: Section 13682, Penal Code. Reference: Section 13682, Penal Code.

History

1. New article 2 (sections 999.301-999.306) and section filed 3-3-2026; operative 7-1-2026 (Register 2026, No. 10). For prior history of article 2 and section, see Register 2022, No. 18.