A. Investigation Of Citizen Complaints Filed With The Office Of Police Accountability: Any person may file a complaint against a BPD officer or employee directly with the Office of Police Accountability. A complaint is defined as an allegation that, if found to be true, would be a violation of federal, state, or local law, BPD Policy, or Boise City Policy. Complaints must be filed within ninety (90) calendar days from the incident giving rise to the complaint. The Director has discretion to accept a complaint after the time limit upon a showing that complainant was unable to file a complaint due to circumstances beyond complainant's control. Upon receipt of a complaint, the Director shall:
1. Forward the complaint to the BPD Office of Internal Affairs ("OIA") for initial investigation.
2. Review the investigation and final determination of OIA to ensure that the investigation was complete, thorough, objective, and fair.
3. Conduct any additional investigation if the initial investigation was incomplete or otherwise inadequate.
4. Provide a timely response to the complainant.
5. Make policy recommendations as appropriate.
B. Review Of Citizen Complaints Filed With BPD: Upon receipt of a notice of a final determination from OIA, any person may within ten (10) business days of the date of the notice file a request for review with the Office of Police Accountability. Upon receipt of a request for review, the Director shall:
1. Review the investigation and final determination of OIA to ensure that the investigation was complete, thorough, objective, and fair.
2. Conduct any additional investigation if the initial investigation was incomplete or otherwise inadequate.
3. Provide a timely response to the complainant.
4. Make policy recommendations as appropriate.
C. Regular Audits Of OIA Investigations: The Office of Police Accountability shall regularly audit investigations conducted by OIA to ensure that the investigations are complete, thorough, objective, and fair.
D. Mandatory Audits: The Office of Police Accountability shall audit all investigations in the following cases, regardless of whether a complaint is filed:
1. Citizen complaints made against command-level BPD members, including Captains, Deputy Chiefs, and the Chief of Police.
2. Citizen complaints alleging discrimination or bias by a BPD officer or police employee against an individual on the basis of race, color, religious creed, ancestry, age, sex, national origin, disability, sexual orientation, or gender identity/expression.
3. Upon request by the Chief of Police.
E. Investigation Of Critical Incidents: If a BPD officer or employee is involved in a critical incident as a principal, victim, witness, or custodial officer, BPD shall immediately notify the Office of Police Accountability. The Director may provide on-scene monitoring of critical incidents and may act as a real-time observer to any criminal, administrative, or civil investigation conducted by or on behalf of BPD (e.g., the Critical Incident Task Force). The Director shall be given full access to observe interviews or any other aspects of the investigation. If the Director believes additional investigation is necessary, the Director may employ an outside investigator who will perform investigatory functions at the discretion of the Director. Critical incidents include:
1. Use of deadly force (excluding animals).
2. Use of force or any other police or law enforcement action that results in death or serious bodily injury requiring hospital admission.
3. Vehicle pursuits, roadblocks, or intercepts resulting in the death or serious bodily injury requiring hospital admission.
4. Vehicular collisions resulting in death or serious bodily injury requiring hospital admission that occurred while a police officer or police employee was operating a City vehicle (either on duty or off duty) or a private vehicle while on duty.
F. Gathering And Analyzing Data: The Office of Police Accountability shall conduct regular review of police actions to evaluate compliance with BPD policies and relevant state and federal law. The Director shall provide independent analysis of police data related to use of deadly force, racial profiling, biased policing, illegal searches, excessive force, and unlawful arrests in an effort to identify trends and patterns.
G. Policy Recommendations: The Office of Police Accountability may develop specific recommendations as to the policies, procedures, practices, and training of BPD officers and employees. The goal of the recommendations is improved professionalism, safety, effectiveness, and accountability of BPD police officers and employees. The Director may make recommendations to the Chief of Police, the Mayor, or the City Council as appropriate. (Ord. 21-21, 7-13-2021)