Citizen Complaint

[zzdodge]

What obligation do executive officers have to investigate a complaint?

Specifically, we have a town officer, well, actually building inspector, who refuses to investigate complaints without signed complaints, with telephone numbers and names.

The concern from some citizens is that there are reprisals for complaints, and that the complaint is selectively posted for interested parties to see.

I spent some time on Westlaw, and the best that I could ascertain was that police (well, it's a similar kind of executive officer) have total discretion as to what they investigate or what their actions are, in response to a complaint.

Do I understand this right, or am I missing something? Thanks.

 

[CdwJava]

In general, anonymous complaints give an investigator little legal leverage. The investigator then has to rely on consent and would not be able to have a witness that he could refer to when seeking a warrant if it should get that far.

Plus, unless you are intimately familiar with what goes on in the investigator's office, it is possible that he has done what he can to look into it. Perhaps he has reviewed the complaint to see if there is anything that can be observed from the outside and done a drive by to look at it, and maybe checked for prior complaints or violations.

Enforcement is a usually political decision and not subject to any legal requirements. If you do not like the inspector's policy or practice, you speak to his or her supervisor. If that means you go to the town manager or council,then so be it. But, I can understand the reticence of the inspector to address anonymous complaints as they could then easily be used by irate neighbors and family members to harass each other.