(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)