A. The Government Records Access and Management Act ("GRAMA") recognizes both: 1) the public's right of access to information concerning the conduct of the public's business; and 2) the right of privacy in relation to personal data gathered by the City, including private information about City employees. GRAMA provides that a City record is public unless otherwise expressly provided by statute. GRAMA also reflects a legislative intent that favors public access to information when, in the application of GRAMA, countervailing interests in disclosure and in privacy are of equal weight.
B. Title 2, chapter 2.72 of the City Code creates the Police Civilian Review Board (the "board"), whose purpose is to provide civilian oversight of certain complaints and internal police investigations regarding conduct of the police. The board's actions are intended to foster trust between the community and law enforcement personnel and to assure fair treatment of police officers. Title 2, chapter 2.72 of the City Code requires that the board's records and reports be kept in compliance with GRAMA.
C. Under GRAMA, most records about City employees are not public. However, records that would disclose information relating to formal charges or disciplinary actions against a City employee are public if: 1) the charges were sustained; and 2) all time periods for administrative appeal have expired. Nevertheless, section 63G-2-201(5)(b) of GRAMA authorizes the City's head of government or designee to order the disclosure of information properly classified as nonpublic if: 1) there is no interest in restricting access to the record; or 2) the interests favoring access are greater than or equal to the interest favoring restriction of access.
D. Pursuant to title 2, chapter 2.72 of the City Code, the board's panels review police discipline cases and in each case recommend to the Police Chief that the charges are either: 1) "unfounded" (the reported incident did not occur); 2) "exonerated" (the employee's actions were reasonable under the circumstances); 3) "no determination is possible" (there is insufficient evidence to support a conclusion as to whether the employee violated policy); or 4) "sustained" (the employee's actions were in violation of Police Department policy or procedure). The Police Chief then makes a final determination as to whether the charges should be sustained.
E. The City recognizes that the public has a strong interest in knowing the recommendations of the Civilian Review Board, especially in high profile or controversial cases that are already well publicized in the community or media, even when charges are not sustained. At the same time, police officers (and sometimes witnesses) have a privacy interest in not having defamatory or frivolous charges against them made public.
F. This chapter is intended to prescribe rules to be followed by the City's Chief Administrative Officer and the board with respect to certain reports of the board. (2019 Compilation)