(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)