Section
2.12.010 Purposes and objectives.
2.12.020 Scope of authority of the Board.
2.12.030 Filing of citizen complaints.
2.12.040 Investigation of complaints.
2.12.050 Report to Board.
2.12.060 Preliminary review by Board.
2.12.070 In-depth review by Board.
2.12.080 Conduct of in-depth review.
2.12.090 Action by the Board.
2.12.100 Report to Police Chief.
2.12.110 Notice to complainant.
2.12.120 Confidentiality of material, information and deliberation.
2.12.130 Penalty for wilful and/or intentional disclosure of information.
2.12.140 Action by the Chief of Police.
2.12.150 Annual report.
2.12.160 Selection of members of the Board.
2.12.170 Terms of office of Board members.
2.12.180 Qualifications of Board members.
2.12.190 Severability.
It is hereby declared that, in order to promote the best interest of the city and its citizens, there is a need to establish and create a board consisting of community residents, to review citizen complaints filed against Police Department personnel and the investigation thereof by the Police Department. The Board shall be charged with the responsibility to review the Police Department’s investigation of the citizen complaints and provide its independent review to the Chief of Police. The Board is not intended to, nor shall it be invested with authority to, review disciplinary action if any, proposed and/or imposed upon police personnel as a result of the investigation of the citizen complaints. The creation of this Board for these purposes is intended to ensure continued and ongoing public confidence in Police Department personnel and Police Department operations.
(1995 Code, § 2.12.010)
The Board shall have the authority to receive citizen complaints of alleged police officer misconduct in the form of misuse of force, false arrest, discrimination, criminal conduct, use of racial or ethnic slurs, abuse of authority, extreme discourtesy and/or serious misconduct. The Board shall also have the authority to review the Police Department investigation of all such allegations of police officer misconduct. The Board shall further have the authority to make an annual report summarizing its activities and providing statistical information regarding the receipt and processing of citizen complaints of police officer misconduct.
(1995 Code, § 2.12.020)
Citizen complaints of alleged police officer misconduct in the form of misuse of force, false arrest, discrimination, criminal conduct, use of racial or ethnic slurs, abuse of authority, extreme discourtesy and/or serious misconduct may be submitted, in either oral or written form, to either the Police Department, the City Clerk or the Board. However, to be subject to review under this chapter all such citizen complaints are required to be completed in writing, on the Police Department approved form, and must contain the signature of the complainant. The formal written complaints shall be filed in person or by mail, within 60 days of the occurrence of the alleged misconduct. Copies of all such formal complaints shall be provided to the complainant, the Police Chief and the Chairperson of the Review Board. Citizen complaints of alleged police officer misconduct of a nature other than as set forth hereinabove shall be referred directly to the Police Department for review and appropriate action and shall not be subject to review by the Board. The entire Board shall review all citizen complaints and determine, by majority approval, which of the complaints are within the authority of the Board to review. Written notice of this determination shall be provided by the Board to the complainant and the Police Department.
(1995 Code, § 2.12.030)
All citizen complaints of alleged police officer misconduct subject to this chapter shall, once received in formal written form, be referred to the Police Department for review and investigation. The Investigations Captain or other person designated by the Police Chief shall review the citizen complaint and conduct an investigation as appropriate and consistent with the Department’s citizen’s complaint policy in effect at the time of the filing of the citizen complaint. The investigation by the Police Department shall be completed within 30 days of receipt by the Department of the formal written complaint. Under special circumstances and with the approval of the Chief of Police, the investigation may take longer than 30 days to complete. In such circumstances, the Chief shall provide written notice to the Board that it is necessary to allow for a longer period of time to complete the subject investigation.
(1995 Code, § 2.12.040)
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