Robinson's misconduct reports, unlike the plaintiffs' speech in
Douglas, did not merely contain “passing references to public safety [that] were ‘incidental to the message conveyed,’ ”
id., but rather related to the danger the misconduct posed and the need to respond to it. Whether OPS treats complaints of misconduct seriously or fails to followup is also a matter of “relevance to the public's evaluation of the performance of governmental agencies” and consequently independently a matter of public concern.
Coszalter v. City of Salem, 320 F.3d 968, 973 (9th Cir.2003). Robinson's email to the office in charge of internal affairs discussing the possibility of an interview about his prior complaints, and his conversations with superior officers reviewing the details of those complaints, clearly addressed at least two matters of public concern: the misconduct itself and the distinct question of whether the investigating officers were, as Robinson argued, sweeping misconduct under the rug.