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(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)
The department shall take appropriate action on division referrals, provide the director with confirmation that the matter has been addressed, and provide the director access to relevant information. (Ord. 31192, eff. 10/1/19)
(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)
(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)
(a) The chief shall provide the board and the director with timely notification of all critical incidents. The director may participate in preliminary briefings related to the critical incident.
(b) The director may monitor the investigation of all critical incidents. The purpose of monitoring critical incidents is to ensure that the investigation is comprehensive, objective, impartial, and consistent with appropriate investigative protocols.
(1) If the director is unavailable, a person approved by the city manager may serve in this capacity during the director's absence.
(2) In this subsection DIRECTOR does not include the director's representative.
(c) 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 determining what, if any, disciplinary action will be taken;
(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 the incident or complaint.
(d) The director may monitor the investigation including observing witness interviews, submitting recommendations of interview inquiries, reviewing documentary and physical evidence, and accessing relevant police data. The director may meet with the chief throughout the investigation to ask questions and discuss any areas of concern identified while monitoring.
(e) Before the conclusion of the criminal investigation, the director may meet with the chief to hear preliminary findings and provide feedback about the investigatory process. The director may provide the chief with a recommendation on the outcome of the investigation.
(f) The chief shall review all information and determine what actions, if any, are warranted.
(g) Throughout the investigation, per confidentiality requirements, the director shall not update the board or anyone else on the status of the investigation. The director may provide a report to the board at the conclusion of both the criminal and the administrative investigations to attest whether the criminal investigation was comprehensive, objective, impartial, and consistent with appropriate investigative protocols.
(h) The director shall provide a report to the board, after the internal affairs division investigation of the critical incident is complete, regarding department compliance with Subsection (b) above.
(i) The board and the director may engage in community outreach as needed after the occurrence of a critical incident.
(j) The chief retains final decision-making authority regarding disciplinary matters and the disposition of administrative and criminal investigations. (Ord. Nos. 19818; 19983; 31192, eff. 10/1/19)
(a) Community police oversight board. The board in reviewing a personnel matter shall hold closed meetings in compliance with the Texas Open Meetings Act, acting in a nonjudicial capacity. The confidentiality of any file, record, or other data received by the board in its review of an incident or a complaint shall be strictly maintained by every member of the board.
(1) Board members commit an offense if they disclose to another person confidential information obtained in the course of their board duties.
(2) It is a defense to prosecution under Paragraph (1) that the disclosure was made:
(A) to another board member or to city staff assigned to the board; or
(B) as compelled testimony in a court proceeding.
(3) An offense under this section is punishable by a fine not to exceed $500.
(4) Any board member who discloses confidential information to anyone other than another board member or city staff member assigned to the board or as compelled testimony in a court proceeding shall forfeit membership on the board. Upon determination by the chairman of the board that a board member has disclosed confidential information, the chairman shall notify that board member and the city secretary. The city secretary shall then notify the city council that there is a vacancy on the board. A board member required to forfeit board membership under this section will be entitled to a public hearing in accordance with Section 17, Chapter XXIV of the city charter. If requested by the board member, the city council will immediately schedule a hearing to be held at the next regularly scheduled city council meeting. The board member may designate either a public or closed hearing.
(b) Office of community police oversight. The confidentiality of any investigative file, record, or other data received by the director or the director's staff during the briefing, review, or monitoring of an incident or a complaint shall be strictly maintained. The director shall not share any confidential information with the board that is obtained during the monitoring of a critical incident. Any staff member of the office who discloses confidential information to another person may be subjected to disciplinary action, up to and including termination of employment.
(1) The director or any member of the office commits an offense if they disclose to another person confidential information obtained in the course or performance of his duties.
(2) An offense under this section is punishable by a fine not to exceed $500.
(3) It is a defense to prosecution under Paragraph (1) that the disclosure was made:
(A) to the city manager, an assistant city manager, the director or a staff member of the office, the chief, or employees of the department authorized to receive the information;
(B) as compelled testimony in a court proceeding; or
(C) pursuant to a valid request from the district attorney's office. (Ord. Nos. 19818; 19903; 19983; 31192, eff. 10/1/19)
(a) Except as provided in this section, the board shall have authority to issue subpoenas upon a majority vote of the board.
(b) The board may not subpoena a city employee or police officer.
(c) The board may request statements from city employees or police officers through the office. These statements must be provided to the office in a non-public setting.
(d) Before a city employee or police officer is required to make a statement to the office a Garrity warning must be issued to the employee. The Garrity protections available to a city employee or police officer during an administrative investigation apply to testimony or a statement made in connection with an investigation of the director.
(e) Every person appearing before the board to testify concerning an incident or a complaint being reviewed shall have the right to counsel. All statements and testimony before the board must be given under oath. Nothing in this article shall be construed to deprive any individual of rights given under constitutional, statutory or common law.
(f) If a city police officer appears before the board, pursuant to a board request, the officer shall be entitled to:
(1) payment by the city of reasonable fees for private legal counsel of the city police officer's choice as provided for in Chapter 12A and Chapter 31A; and
(2) all rights afforded an individual under constitutional, statutory, or common law to the full extent as would be afforded to that officer as a defendant in a criminal proceeding.
(g) A city police officer shall not be subjected to departmental or other administrative disciplinary action:
(1) for refusing to appear voluntarily before the board;
(2) for refusing to answer any question on constitutional grounds or otherwise upon recommendation of legal counsel; or
(3) based upon the subject matter of that officer's testimony provided to the board or to any investigator of the board.
(Ord. Nos. 19818; 19903; 19983; 31192, eff. 10/1/19)
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