The Civilian Police Review Board will receive, cause investigation of, and recommend resolution of complaints filed with it, or on its own complaint based on information that comes to its attention, alleging misconduct by Cleveland police officers or Division of Police employees, when such misconduct is directed toward any person who is not a police officer or Division of Police employee. The misconduct alleged may include, but need not be limited to, the use of excessive or deadly force. The Board will perform such other duties not inconsistent with this Charter's other provisions, as the executive head of the police force may request.
It is not a proper consideration for the Board and its Office of Professional Standards to choose not to investigate particular allegations of police officer or Division of Police employee misconduct based on the fact or belief that another investigative agency, including the Division of Police's Office of Internal Affairs, or that some other non-federal law-enforcement agency, is investigating, or has already investigated and concluded that no misconduct or something less serious than the misconduct a complainant alleged took place. The Board and its Office of Professional Standards must never defer to the Division of Police or outside, non-federal law-enforcement authorities in investigating allegations of police misconduct and must act independently, consistent with their mission of exercising civilian control and accountability over the police force.
To carry out its functions, the Board or any person authorized by it may compel the attendance of witnesses and the production of books, papers, and other evidence, and for that purpose may issue subpoenas or attachments, to be signed by the Board's chair, which will be served and executed by any officer authorized to serve subpoenas and other processes. The Council will provide by ordinance the penalty or penalties for contempt in refusing to obey any such subpoenas or to produce such books, papers, and other evidence. If the Council does not do so, the Board may establish such penalties.
The Board will make rules providing for its procedure and review of complaints.
(Effective November 2, 2021)