A. Reserved.
B. Investigation: It shall be the mandatory duty of the Police Chief to do the following:
1. Prior to investigation of any board complaint, the Police Chief shall first give Garrity and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self-incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding.
2. Reserved.
3. Assign the complaint to designated investigators within the Police Department for investigation into the factual allegations of the complaint.
4. The complainant shall be interviewed by the Police Department and shall be entitled to have a neutral City staff person or some other person chosen by the complainant present during the interview. The police officer is entitled to have a union steward present during any interviews. The City Manager will participate in the interview process with the officers involved in the complaint. A review of the City Manager's involvement under this provision will be done in two (2) years to ensure the practice is producing its intended purpose.
5. Investigators will prepare and forward a report of their investigation to the Police Chief, and shall make detailed findings of fact as to the allegations in the complaint, and shall also set forth a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained".
6. In the event the board's decision differs from that of the Police Chief, the Chief shall meet with the board in closed session to discuss the discrepancy of opinion. If the board requests the City Manager's presence at said meeting the City Manager will also attend. Such meeting shall take place prior to the issuance of the board's public report to the City Council. Within seven (7) days after such meeting, the Police Chief or the City Manager may, in the Police Chief's or City Manager's discretion, issue an amended investigative report for the board's consideration.
C. Legal Advice: If litigation, including criminal charges, relating to the matter of the complaint is commenced or is being contemplated by or against any party to the complaint, the Police Department, the Police Chief and/or the board shall consult with the City Attorney and/or the board's own attorney on a case by case basis, to determine whether and how the investigation of the complaint should proceed.
D. Complaints Against Police Chief: If a board complaint is filed concerning the Police Chief's conduct, the City Manager shall investigate or cause an investigation to be completed.
E. Disciplinary Action: Nothing in this chapter shall prevent the Police Chief or the City Manager from taking disciplinary action prior to the board's review of the complaint. (Ord. 13-4555, 9-17-2013; amd. Ord. 19-4783, 3-12-2019; Ord. 22-4886, 8-16-2022)