(a) In general. Except as provided in this section, a complainant may request to mediate an external administrative complaint for minor allegations of misconduct at any time during the external administrative complaint process. Mediation does not include negotiation of demands for monetary or equitable relief.
(b) Notice. The director shall inform a complainant that mediation may be available as an alternative to the review processes upon receiving notice of a complaint.
(c) Eligibility. For an external administrative complaint to be eligible for mediation, the following requirements must be met:
(1) Both the complainant and officer must agree to participate;
(2) The officer has not resolved a prior complaint through mediation in the last six months;
(3) The director must determine that mediation is appropriate for the alleged complaint;
(4) The officer must be deemed eligible for mediation by the internal affairs division or the chief; and
(5) There must not be any pending claims, civil litigation, or criminal investigations involving the alleged incident.
(d) Form. The director shall provide an eligible complainant a form to request mediation.
(e) Administration. The director will oversee administration of the mediation process including:
(1) providing a forum for the mediation; and
(2) scheduling the mediation within a reasonable time.
(f) Procedure.
(1) After confirmation that the complaint and the parties are eligible for mediation the director shall contact the internal affairs division to advise the city police officer's chain of command of the complaint and the complainant's decision to pursue mediation.
(2) After receiving notification from the city police officer's chain of command, the officer shall contact the internal affairs division to accept or decline the opportunity to mediate the complaint.
(3) If the officer declines the mediation, the complainant may choose to pursue the complaint through the external administrative process.
(g) Informational requests. The director and the department must comply with the mediator's requests for information during the mediation process.
(h) Final administrative remedy. Mediation constitutes the final administrative remedy.
(i) Confidentiality required. Participants in the mediation process shall sign a confidentiality agreement that provides:
(1) That participation in mediation and any statements made during mediation are not admissible in court.
(2) That documents or information created or retained pursuant to mediation cannot be subpoenaed.
(3) That the mediator and participating staff may not be called as witnesses regarding incidents discussed during mediation. (Ord. 31192, eff. 10/1/19)