(a) Internal affairs division investigation.
(1) Monitoring. During the pendency of an internal affairs division investigation into an external administrative complaint, the director may monitor the investigation including observing witness interviews, submitting recommendations of interview inquiries, and issuing evidentiary retention requests. Additionally, the internal affairs division must provide the director with timely and free access to investigative evidence and relevant police data. At any time during the internal affairs division investigation, the director may discuss the investigation with the chief or ask questions regarding the investigation.
(2) Notification. When the internal affairs division notifies a complainant of its findings, it shall:
(A) provide a form to the complainant which can be submitted to the board or the director if the complainant desires to request review of the findings; and
(B) notify the board and director of those findings and any recommendations.
(3) Director-initiated independent investigations. At the close of the internal affairs division investigation, if the director disagrees with the findings of the investigation, the director may initiate an independent investigation.
(A) When the independent investigation is complete, the director shall present the findings of the investigation to the board.
(B) The board shall forward those findings and any recommendations to the chief.
(C) The chief shall provide the board written acknowledgement of receipt of the recommendations.
(D) The chief retains final decision-making authority regarding disciplinary matters and the disposition of administrative and criminal investigations.
(b) Complainant requests for review process.
(1) Within 30 days after notification of the results of the internal affairs division investigation, a complainant may request a review of the internal affairs division findings to the office on a form provided by the office.
(2) For requests for review filed by a complainant, the director shall review the internal affairs division investigation and present those findings to the board.
(3) After the director presents the review of the internal affairs division investigation to the board, the board may, by majority vote, direct the director to initiate an independent investigation or may choose to take no further action.
(A) When the independent investigation is complete, the director shall present the findings of the investigation to the board and make recommendations to the board for further action, if any.
(B) The board shall review the director's findings and make recommendations as the board deems appropriate.
(C) When requested, the director shall forward the results of the investigation and the recommendations of the board to the chief, the city manager, or the appropriate city council committee.
(D) The chief shall provide the board written acknowledgement of receipt of the recommendations.
(E) The chief retains final decision-making authority regarding disciplinary matters and the disposition of administrative and criminal investigations.
(4) Complainant request for review to the board constitutes the final administrative remedy.
(c) Postponement. Board review or independent investigation of any incident, complaint, or request for review, whether received by the board or director, shall be postponed pending:
(1) completion of all findings and recommendations of the internal affairs division;
(2) the final decision within the department regarding disciplinary action, if any;
(3) the conclusion of any claim or civil litigation involving the incident or complaint; and
(4) 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.
(d) Department monitoring. The department may monitor investigations conducted by the office subject to the same restrictions and requirements imposed on the director when monitoring internal affairs division investigations. (Ord. 31192, eff. 10/1/19)