A. In General; Notice: The administrator shall have access to all internal affairs unit investigations in which it is claimed that a police officer used excessive force, together with such other investigations as the board in its discretion may request. The police department shall notify the board through the administrator when cases are initiated by the internal affairs unit.
B. Citizen Requested Investigations: Any person who files with the police department a complaint about a police officer, whether or not claiming that the police officer used excessive force, may, within sixty (60) business days after filing such complaint, file with the board a request that the board investigate the complaint. At the time a person files such a complaint with the police department, the police department shall notify such person orally or in writing of the person's right, within sixty (60) business days after such filing, to request a board investigation of the complaint. The board, in its discretion, may grant or deny such request, and the board shall promptly notify the person making the request of the board's decision to grant or deny the request. If the board grants the request, it shall promptly notify the internal affairs unit thereof, and the administrator shall have access to the internal affairs unit's investigation of such complaint.
Any person who files a complaint against a police officer under this section, knowing that such complaint is frivolous, malicious or false, shall be guilty of a class C misdemeanor. In addition, any person who files a complaint against a police officer knowing that such complaint is frivolous, malicious or false, shall be civilly liable for all costs and expenses incurred in investigating and otherwise responding to the complaint. A complaint is frivolous if it has no reasonable basis in fact. The board may adopt rules that allow it to dismiss any claim that it deems frivolous, malicious or false.
C. Administrator's Database: When the administrator is notified that a complaint is filed with the internal affairs unit, or when the board agrees to investigate a complaint at the request of a person pursuant to subsection B of this section, the administrator shall ensure that all pertinent data concerning the complaint is collected and entered into a computer database for future analysis.
D. Administrator's Access To Files: The administrator shall have access, via computer database network, to all police department files on its network, except those files that are confidential by law. The administrator shall not discuss with or release the contents of those files to any person other than members of the board, the board advisor, the police chief or his or her designee, the internal affairs unit, the mayor or his or her designee, or the office of the city attorney. A breach of this confidentiality obligation by the administrator or any related staff shall be grounds for removal from office, as well as civil and criminal liability pursuant to any applicable city, state or federal law.
E. Administrator's Access To Internal Affairs Investigation: The administrator shall have unfettered access to the internal affairs unit investigation process. The administrator may inquire of the commander of the internal affairs unit or the applicable assistant police chief about the status of any open case.
F. Administrator; Interviews:
1. Access To Internal Affairs Interviews: The administrator shall have access to all interviews scheduled by the internal affairs unit. The police department shall notify the administrator when interviews related to: a) investigations in which it is claimed that a police officer used excessive force or b) investigations that the board in its discretion has requested to review are scheduled so that the administrator may be present, at his or her discretion. The administrator may participate in questioning the witnesses. The administrator may request that the internal affairs unit interview witnesses or collect evidence, as he or she deems appropriate. If the administrator requests that the internal affairs unit interview a witness and the internal affairs unit denies that request, the administrator may independently interview that witness. In that event the administrator shall invite internal affairs unit personnel to be present at the interview and such personnel, if they choose to attend, may participate in questioning the witness.
2. Disclosure To Witnesses: If the administrator participates in any portion of the interview process, he or she must clearly communicate to all participating witnesses that he or she is an independent investigator/administrator affiliated with the board and not with the police department.
3. Compelling Attendance Of Witnesses And Police Officers: If the administrator desires to interview a witness or a police officer in connection with an open internal affairs unit investigation that the administrator is investigating or reviewing pursuant to this chapter, and if such person declines to be interviewed, the administrator may ask the mayor to compel the witness or police officer to meet with and be interviewed by the administrator pursuant to chapter 2.59 of this title.
4. Presence Of Internal Affairs Unit Investigator: Except as provided in subsection F1 of this section, the administrator shall have no contact with any witness or accused employee, except when an internal affairs unit investigator is present or invited to be present.
5. Forwarding Of Information To Internal Affairs Unit: Any information relevant to internal affairs unit investigations of which the administrator becomes aware shall be forwarded immediately to the commander of the internal affairs unit.
6. Protection Of Constitutional Rights: The administrator is bound to the same extent as the police department and the city to protect the rights of officers and witnesses under the Utah constitution and the United States constitution.
G. No Interviews By Board: The board and panels shall not call or interview witnesses.
H. Completion Of Administrator's Investigation: The administrator shall complete his or her investigation of each case within two (2) days after the completion date of the internal affairs unit's investigation.
I. Report Of Administrator: Within five (5) business days (or such longer period of time approved by the city's director of human resources after consultation with the police chief or his or her designee) after his or her receipt of the case file from the internal affairs unit, the administrator shall provide to the board review panel a written report that summarizes the case and such investigation, and states the administrator's recommendations regarding the case.
J. Board's Access To Administrator's Records: Upon request, the administrator shall provide to the board the administrator's notes and other records regarding cases investigated by the administrator.
K. Administrator's Attendance At Predisciplinary Hearings: The administrator may attend the predisciplinary hearing of a police officer who is the subject of the administrator's report under subsection I of this section. If, after attending the predisciplinary hearing, the administrator decides to prepare a second report that contains a different recommendation regarding the police officer, the administrator shall submit that second report to the board review panel not less than five (5) business days after the end of the predisciplinary hearing.
L. Board's Access To Files: Except as required by law, members of the board shall not discuss with or release the contents of police department files to any person other than members of the board, the board advisor, the administrator, the police chief or his or her designee, the internal affairs unit, the mayor or his or her designee, or the office of the city attorney. A breach of this confidentiality obligation by a member of the board shall be grounds for removal from office, as well as civil and criminal liability pursuant to any applicable city, state or federal law. (Ord. 60-20, 2020: Ord. 39-10, 2010: Ord. 19-04 § 3, 2004: Ord. 52-03 § 1, 2003)