1. (a) If an Appropriate Oversight Agency that is not designated as an Investigating Agency pursuant to Section 999.301 receives from any source a Covered Complaint concerning Peace Officers of an Employing Agency within its jurisdiction, the oversight agency shall investigate the complaint itself or refer it to another Appropriate Oversight Agency if the following conditions are met:

   1. (1) The agency has oversight responsibility for the Employing Agency based on another source of law; and
   2. (2) The agency determines that disclosure of the complaint to the Investigating Agency may compromise the investigation thereof or put any person at risk of harm.
2. (b) If the above conditions are met, during the pendency of the investigation, the agency receiving the complaint and any oversight agency to which the complaint is referred are not required to notify the Employing Agency or Investigating Agency designated pursuant to Section 999.301 of the existence or investigation of the complaint. The agency receiving the complaint and any oversight agency to which the complaint is referred are permitted but not required to disclose the existence of the complaint and investigation to the Employing Agency or Investigating Agency if the investigation results in Findings that the alleged misconduct has not been established.
3. (c) If the agency receiving the complaint or any oversight agency to which the complaint is referred has reason to believe that the Adjudicating Agency designated pursuant to Section 999.301 has a conflict of interest or is otherwise incapable of conducting an unbiased adjudication, then, simultaneously with transmission of Findings to the Adjudicating Agency, a copy of the Findings shall be submitted to the Department of Justice with all information forming the basis of the agency's concerns.
4. (d) For purposes of the six-month time period provided in Section 999.306, subdivision (i), receipt of a Covered Complaint by an agency conducting an investigation pursuant to this Section is equivalent to receipt of a Covered Complaint by an Investigating Agency.
5. (e) In conducting an investigation, an Appropriate Oversight Agency not designated as an Investigating Agency agrees to be bound by Sections 999.306 through 999.310, 999.311, subdivision (a), and 999.312, subdivision (b), of these regulations.
6. (f) The provisions of subdivisions (a) through (c) of this Section are subject to applicable state, county, and municipal law or other directive from a superior body. The provisions of this Section are not subject to collective bargaining with a personnel union or any other private agreement.

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

History

1. New section filed 3-3-2026; operative 7-1-2026 (Register 2026, No. 10). For prior history, see Register 2022, No. 18.