(a) Subject to the procedural requirements set forth in Sections 37-32.3 and 37-33, the board shall have authority to:
(1) Review the facts and evidence pertaining to a critical incident or external administrative complaint against a city police officer following:
(A) completion of all findings and recommendations of the internal affairs division of the department;
(B) the final decision within the department determining what, if any, disciplinary action will be taken; and
(C) if grand jury proceedings are anticipated, the conclusion of all grand jury proceedings relating to a city police officer's conduct in the incident or complaint.
(2) Accept from members of the public written complaints, on a paper or online form provided by the director with input by the department, of police procedures, treatment of members of the public, abuse, harassment, violation of civil rights, serious injury, or fatality and refer the complaints to the office and the internal affairs division of the department for investigation.
(3) When the board is not satisfied with the findings of the police department internal affairs division's investigation of a critical incident or external administrative complaint which is properly before the board, the board may direct the director to initiate an independent investigation into the internal affairs division investigation of a critical incident or an external administrative complaint.
(4) Take sworn testimony from witnesses relating to the internal affairs division investigation of a critical incident or external administrative complaint pursuant to Section 37-35.
(5) Subpoena witnesses in accordance with Section 37-35.
(6) Request the city manager to review disciplinary action by the chief in a case when the board considers it appropriate.
(7) Recommend to the chief and the city manager improvements in department procedures, practices, training, and the early warning system.
(b) The board shall act as an advisory board to the chief, the city manager, and the city council.
(c) Notwithstanding any provision of this article to the contrary, the board shall not:
(1) take any action, nor recommend to or request the city council or any other city authority to take any action, which interferes in any manner with the appointment, removal, or discipline of any person by the city manager or any of his subordinates;
(2) review the facts and evidence of a complaint nor accept a complaint from a police officer which pertains to another police officer for which the city personnel rules or police general orders provide a grievance or appeal procedure.
(3) review the facts and evidence of a complaint nor accept a complaint from a person concerning a matter which is the subject of pending civil litigation to which the city or a city employee is a party. (Ord. Nos. 19818; 19983; 21131; 31192, eff. 10/1/19)