(A) Format for filing complaints. Any complaint brought against any officer of the Police Department must be in writing as required by the Police Commission. The complaint need not be in any particular form, but must include:
(1) The name of the officer against whom the complaint is brought;
(2) The name and contact information of the person making the complaint; and
(3) A clear and particular description of the complaint against the accused officer, including the approximate date, time, place and nature of the acts or omissions.
(B) Place for filing. The office of the Mayor shall be the place for filing complaints brought against any officer of the Police Department; one original of the complaint shall be deposited with the Mayor.
(1) A copy of the complaint shall be mailed or delivered by the Mayor to the City Attorney, the Chief of Police and each member of the Police Commission.
(2) A copy shall be served upon the accused officer at least 30 days before the time fixed for hearing on said complaint.
(3) The Mayor will maintain a file of the complaints and keep a record of the dates of filing of each instrument or writing related thereto.
(C) Time limitations.
(1) Any complaint must be filed within 90 days of the date of the alleged behavior, unless good cause is shown for the delay.
(2) If the complaint alleges that an officer has been convicted of any criminal offense, the complaint may be filed within 90 days of the date of conviction.
(D) Initial review.
(1) The Police Commission shall conduct an initial review of any complaints filed to determine if the complaint is timely and appropriate for further action at the time by the Police Commission, if the complaint alleges criminal conduct against a police officer that has not yet been processed in the criminal justice system, the Police Commission may refer the complaint to the City Attorney with a request that an independent investigation and request for prosecution occur prior to any Police Commission proceedings.
(2) The Police Commission may also summarily dismiss any complaint that fails to state a proper claim, is not timely, that appears frivolous or that fails to meet other Police Commission criteria.
(3) If the complaint is not referred for investigation or dismissed, the Police Commission shall set a date for hearing on the complaint.
(E) Place and notice of hearing.
(1) Hearings on complaints brought against an officer shall be held in the city hall or at such other places as the chairperson of the Police Commission may designate.
(2) (a) Notice of the time, date and place of hearing shall be mailed or delivered by the Police Commission to the accused officer, the person filing the complaint, the City Attorney, the Chief of Police, the Mayor, and shall be included on the public meeting calendar of the city.
(b) Such notice shall be provided at least 30 days before the time fixed for hearing of such charge.
(F) Rights of the accused officer. The accused officer shall have the right to be present at the hearing in person and by counsel, to review and examine witnesses or evidence against him or her, and to be heard and to give and furnish evidence in his or her defense.
(G) Open meetings. All hearings and records of the Police Commission shall be open to the public.
(H) Subpoenas.
(1) The chairperson or acting chairperson of the Police Commission shall have power to issue subpoenas, attested in its name, to compel the attendance of witnesses at the hearing, and any person duly served with a subpoena is bound to attend in obedience thereto.
(2) The Police Commission shall have the same authority to enforce obedience to the subpoena and to punish the disobedience that is subject to review by the District Court.
(I) Procedure at hearing on complaint against police officer.
(1) At the hearing on the complaint brought against an office of the Police Department, the person making the complaint, or his or her attorney, will present evidence and witnesses on his or her behalf and in support of the complaint.
(2) At the conclusion of the complainant’s case, the accused officer may produce evidence and witnesses on his or her behalf, and he or she may testify. Both the complainant, the accused officer or their attorneys may ask questions of the witnesses brought by the other.
(3) The City Attorney shall act as counsel to the Police Commission.
(4) In all hearings, each member of the Police Commission and the City Attorney may ask additional questions as they consider necessary or advisable.
(5) The Rules of Evidence and Rules of Civil Procedure applicable to courts of record in the state shall apply to the hearing.
(6) The Police Commission or such member of the Police Commission designated shall make all rulings with respect to the admissibility of evidence, with the advice and counsel of the City Attorney.
(J) Decision by Police Commission.
(1) The Police Commission must, after the conclusion of the hearing, decide whether a complaint was proven or not proven by a decision of a majority of the Commission.
(2) The Police Commission’s findings and decision shall be reduced to writing, and shall be forwarded to the accused officer, the Chief of Police and the Mayor.
(K) Disciplinary action.
(1) When a complaint against a member of the Police Department is found proven, the Chief of Police shall decide the appropriate disciplinary action for the officer affected.
(2) The Chief of Police shall inform the Police Commission and the officer affected of the proposed disciplinary action in writing within five days of the final decision, before any such discipline is imposed.
(3) (a) Either the officer or the Police Commission may appeal the proposed disciplinary action to the Mayor.
(b) Upon appeal, the Mayor will review written arguments, and then issue a final disciplinary action, which will be implemented by the Chief of Police.
(Prior Code, § 2.30.100) (Ord. 153, passed 3-4-2013)