(A) Complaints. Any complaint made by any person involving the actions or conduct of a police officer of the city shall be directed to the Chief of Police.
(B) Internal investigation unit. Upon receipt of a complaint, the Chief of Police shall refer the complaint to an internal investigation unit, the personnel of the unit to be designated by the Chief of Police from time to time as necessary to investigate complaints. It shall be the duty of the internal investigation unit to receive the complaint, index it in a book kept for that purpose and, as a fact-finding body, take statements from the complaint and witnesses, collect evidence, and, based on their findings, make a written report and recommendation to the Chief of Police. No member of the investigation unit may sit as a member of the Complaint Review Board arising out of the investigation. No interrogation of the accused officer shall be conducted except in compliance with F.S. § 112.532(1)(a) through (i).
(C) Chief of Police recommendation. The Chief of Police, upon receipt of the written report from the internal investigation unit, shall forward the report along with his written recommendation of action to be taken against the accused officer to the City Manager.
(D) City Manager action. The City Manager shall consider the report of the internal investigation unit, all evidence collected, and the recommendation of the Chief of Police in making any decision with respect to disciplinary measures, if any, to be taken against the accused officer. Notice of disciplinary action must be given the officer as provided by the employees’ representation program.
(E) Appeal. In the event the accused officer feels aggrieved at the decision of the City Manager, he may elect, at his binding option and within the time limits provided by the employees’ representation program, to follow the appeal procedure set forth in the program, or he may request that a Complaint Review Board as provided in F.S. § 112.532(2), be impaneled to hear his appeal.
(F) Complaint Review Board. At the demand of the accused, a Complaint Review Board shall be impaneled as provided by F.S. § 112.532(2). The Chairman of the Board shall be the third person selected by the representative of the city and the accused. The Chairman shall preside over the hearing. The accused officer shall be entitled to have counsel at his expense, to confront and cross-examine witnesses against him, and to present evidence in his behalf. The hearing shall be conducted in an informal manner, technical rules of evidence not being applicable. The city shall tape record the proceedings. The affirmative vote of two members of the Board shall be required as the decision of the Board. After deliberation of the Board, the finding of the Board shall be reduced to writing and submitted to the City Manager and the accused officer. The decision of the Board shall be binding on the City Manager.
(G) City Manager’s final action. After receipt of the report and recommendation of the Complaint Review Board and consideration of same, the City Manager shall notify the accused of the final decision in writing within 48 hours of his receipt of the finding of the Board.
(H) Establishment of rules to implement procedures. The Police Department is authorized to establish whatever detailed rules and regulations are determined necessary to implement the procedures provided for herein. (‘69 Code, § 12-19.5) (Ord. 442, passed 4-25-77; Am. Ord. 1697, passed 9-7-11)