(A) The staff and administration of the CPOA shall be directed by the CPOA Executive Director.
(B) In addition to any other duties expressed or implied by this article the Director shall:
(1) Receive all citizen complaints and direct and oversee the investigation of civilian police complaints alleging officer misconduct within the parameters of § 9-4-1-4(C)(2)(g), prepare findings and recommendations, and provide to each CPC and the Board for informational purposes;
(2) Review and monitor a representative sampling of all Internal Affairs investigations and other administrative investigations related to officer involved shooting investigations and serious uses of force investigations. The Director shall prepare findings and disciplinary recommendations, as appropriate, relating to officer involved shootings and serious uses of force. Disciplinary recommendations, if any, will be transmitted to the Office of Police Reform. The Director shall report on general trends and issues identified through monitoring or auditing of Internal Affairs;
(3) Ensure that the duties and responsibilities of the CPOA are executed in an efficient manner, and manage the day to day operations of the CPOA.
(C) The Administrative Office will receive civilian complaints of officer misconduct directed against the Albuquerque Police Department. The Director shall direct and oversee the investigation of civilian complaints alleging officer misconduct within the parameters of § 9-4-1-4(C)(2)(g) and make findings and recommendations for such civilian complaints, or assign them for independent investigation by CPOA staff or an outside independent investigator. If assigned to staff or an outside investigator, the Director shall oversee, monitor and review all such investigations and findings for each. All findings relating to civilian complaints, officer involved shootings, and serious uses of force shall be forwarded to APD internal affairs and the complainant. The findings will then be sent to the chair of each CPC and to the Board for its Information. The Director shall make recommendations and give advice regarding Police Department policies and procedures to each CPC and the Board in the context of investigative findings as the Director deems appropriate.
(1) The review and assessment of civilian complaints filed with the CPOA shall begin promptly after complaints are filed. If the complaint alleges officer misconduct and requires investigation, it shall proceed as expeditiously as possible, and if an investigation exceeds a timeframe of nine months from the date the complaint was first received the Director must report the reasons to the Contract Compliance Officer; and
(2) All civilian complaints filed with other offices within the city authorized to accept civilian complaints, including the Police Department, shall be immediately referred to the Director; and
(3) If appropriate, mediation should be the first option for resolution of civilian police complaints. Mediators should be independent of the CPOA, APD, and the city, and should not be former officers or employees of APD. At the discretion of the Director an impartial system of mediation should be considered appropriate for certain complaints. If all parties involved reach an agreement, no investigation will occur. If the complainant fails to participate in good faith as determined by the mediator, no investigation wlll occur. If the officer involved fails to participate in good faith as determined by the mediator, the CPOA investigation will occur. The CPOA and APD shall coordinate to develop a mediation program that aims to allow civilian police complainants and officers the opportunity to communicate directly regarding disputes, find areas of agreement, and reach their own solutions. APD should ensure that officers have mentorship resources available in advance of mediation that explain the mediation process and the benefits it provides for officers and their relationships with the citizens they serve; and
(4) The Director shall monitor all claims of officer involved shootings and serious uses of force. APD shall notify the Director of all settlements in excess of $25,000. The Director shall participate, as a non-voting member, in any portion of a meeting of the Claims Review Board addressing a claim based on police misconduct or use of force, but shall not be present for the discussion of any other claims; and
(5) All investigations shall be thorough, objective, fair, impartial, and free from political influence; and
(6) The Director shall maintain and compile all information necessary to satisfy the CPOA's semi-annual written reporting requirements in § 9-4-1-11; and
(7) If at any point during an investigation the investigator determines that there may have been criminal conduct by any APD personnel, the investigator shall immediately notify the APD Internal Affairs Bureau commanding officer and transfer the administrative investigation to the Internal Affairs Bureau.
(D) The Director shall have access to any Police Department information or documents that are relevant to a civilian's complaint, or to an issue which is ongoing at the CPOA.
(E) The Administrative Office shall staff, coordinate and provide technical support for all scheduled Board meetings, publicize all findings and reports, recommendations, and/or suggested policy changes.
(F) The Director, or the Director’s designee, shall publicize the civilian complaint processand identify locations within the community that are suitable for civilians to file complaints in a non-police environment.
(G) The Director shall be provided the necessary professional and/or clerical employees for the effective staffing of the Administrative Office, and shall prescribe the duties of these staff members. Such professional and clerical employees will be classified city employees. All CPOA staff with investigative duties shall be professional investigators trained in professional investigation techniques and practices.
(H) The Director shall lead the Administrative Office; receive all citizen complaints and direct and oversee the investigation of civilian complaints relating to officer misconduct within the parameters of § 9-4-1-4(C)(2)(g), audit a representative sampling of all IA investigations of complaints, recommend and participate in mediation of certain complaints, and supervise all CPOA staff.
(I) The Director shall complete the initial and ongoing training requirements for Board members as prescribed by § 9-4-1-5(G) and report completion of training activities to the Contract Compliance Officer.