163.07 COMPLAINT PROCEDURE.
   (a)   Filing Complaints.
      (1)   All complaints of the type referenced in Section 163.05 shall first be filed with the Division of Police, who shall investigate said complaint consistent with its policies and procedures, and consistent with any collective bargaining agreement by and between the City and the Fraternal Order of Police or the City and the Ohio Patrolman's Benevolent Association.
      (2)   If the complainant is not satisfied with the findings from the investigation conducted by the Division of Police, the complainant may then file a complaint with the Board through the Clerk of Council. Such complaint must be filed, if at all, within thirty (30) days of receipt of notice of the findings of the Division of Police on the original complaint.
      (3)   The Chair of the Board is authorized to initiate investigation of those complaints upon receipt of the complaint.
      (4)   The time limits set forth in the collective bargaining agreements between the City and the Fraternal Order of Police or the City and the Ohio Patrolman's Benevolent Association shall not be stayed during the time period in which the Board investigates, receives evidence, and issues a recommendation on any complaint before it.
   (b)   Initial Procedures.
      (1)   Transmittal of cases.
         A.   The Division of Police shall provide access to the full investigative files of cases that will be considered, discussed, and/or adjudicated by the Board not fewer than two (2) weeks before the Board convenes to address the case.
         B.   The Division of Police will ensure that all Board members have full access to all investigatory materials related to the case while also ensuring that the police files will remain secure from inappropriate dissemination or disclosure. The Chair and the Division of Police will collaborate in the creation of a protocol which will ensure both appropriate board access and the ability to maintain the necessary security for police files. This protocol will be subject to review and comment by the Board and will require adoption by a majority vote of the Board.
            1.   Any case file records which would be exempt from disclosure under the Ohio Public Records Act shall not be included in the investigatory material provided to the Board.
            2.   Any case file material that is subject to disclosure, but which includes information exempt from disclosure under the Ohio Public Records Act shall be redacted to exclude such information.
         C.   The Division of Police case file shall the following, if available:
            1.   A cover letter indicating what documents are in the file.
            2.   The complaint.
            3.   The allegations (or "charges") that were (1) suggested by the face of the original complaint alone, and (2) any additional allegations or charges that surfaced during the course of the investigation of the complaint.
            4.   The Division of Police recommendations and findings including relevant case law, statutes, and Reynoldsburg Division of Police General Policies and Procedure Orders.
            5.   Reports, including but not limited to incident reports, duty reports, and field reports.
            6.   Audio, visual, or transcripts of interviews of witnesses or parties to the incident.
            7.   Internal Investigation investigator's notes.
            8.   Body-worn camera or dashboard video and physical evidence in the investigation.
      (2)   Notice to complainants.
         A.   Upon receipt of the Police File, the Board shall notify the complainant and each subject Division of Police employee. The notice shall advise in writing that the complaint will be considered by the Board; and contain an explanation of the process to be utilized by the Board.
         B.   The notice shall state the date, time and location of the scheduled public meeting.
         C.   Five days before the public meeting, the Board shall send another notification to the complainant and the respondent Division of Police employees.
         D.   The Board shall use best efforts to contact the complainant and respondent Division of Police employees, including:
            1.   Sending a letter via Certified United States Postal Service to the last known address of the complainant.
            2.   Providing written notice to the respondent employees through the subject officer's command staff or the respondent employee's supervisor.
            3.   Electronic mail to the parties, when feasible.
            4.   The Board shall make record of notices sent.
   (c)   Obtaining Evidence.
      (1)   The Civilian Police Review Board will review all documents regarding the complaint.
         A.   While reviewing the case file, Board members may request to obtain additional information, documents, or other evidence. All requests must be written and on the record.
         B.   Board members shall allow complainants or subject employees and/or their representative, if any, who are present to speak after the case is called by the Board and the allegations have been presented at the Board meeting.
         C.   Board members may ask follow-up questions of any person who had addressed the Board.
         D.   The subject employee shall not be required to give a statement to the Board nor be subject to subpoena for a personal appearance before the Board. If the subject employee exercises his/her right to make a statement, she/he shall be subject to questions by the Board only.
            1.   If the subject matter of the complaint involves allegations of criminal misconduct, the Chief of Police shall inform the employee that prosecutors will not be able to use his/her answers against him/her in subsequent criminal proceedings.
      (2)   Subpoenas.
         A.   Upon majority vote, the Board has the power to subpoena and require the attendance of witnesses, the production of documents, and/or the production of other papers pertinent to its adjudications; and shall have the power to administer oaths.
         B.   Prior to issuing any subpoena the Board shall notify the Mayor, the City Attorney and the Chief of Police.
         C.   Employees of the Division of Police shall not be subject to subpoena but the Division of Police shall, in good faith, comply with the provisions of Section 163.09(d)(3)C.
            1.   If the subject matter of the complaint involves allegations of criminal misconduct, the Chief of Police shall inform the employee that prosecutors will not be able to use his/her answers against him/her in subsequent criminal proceedings.
(Ord. 74-2020. Passed 10-12-20.)