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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)
Upon completion of the investigation, the Investigations Captain shall prepare and deliver to the Board a written report, along with a copy of all documentation gathered in the course of the investigation. The report shall be the same document as the Investigations Captain would deliver to the Police Chief upon completion of his or her investigation under the Department’s citizen’s complaint policy. The report shall be submitted to the Board before it is submitted to the Chief. The report shall include the findings and conclusions of the Investigations Captain and any recommendations relating to adjudication of the citizen’s complaint.
(1995 Code, § 2.12.050)
Upon receipt of the copy of the Investigation Captain’s report, the Chairperson of the Board shall place the matter on the agenda for the next regular meeting of the Board, or shall schedule a special meeting of the Board to consider the matter, as he or she deems appropriate to ensure timely processing, for a preliminary review by the Board. The report shall be presented to and reviewed by the Board at that time. At the conclusion of the preliminary review, the Chairperson shall poll the Board and proceed as follows:
(A) If three or more of the voting members of the Board agree that more information is necessary, the Chairperson shall note this in writing and return the matter to the Investigations Captain for further investigation and submission of a supplemental report;
(B) If the Board determines that the information provided is sufficient to proceed, it shall take one of the following actions:
(1) If a majority of the voting members of the Board believe that there is no need for a more in-depth review of the matter, they shall adopt findings by a majority vote and direct the Chairperson to prepare a report and submit it to the Chief of Police. The report shall specify whether the Board supports or disagrees with the findings of the Investigations Captain. In the event the Board disagrees, the report shall further set forth specific reasons and analysis therefor.
(2) If a majority of the voting members of the Board believe that an in-depth review of the matter is necessary and appropriate, the Chairperson shall schedule such a review at a meeting of the Board to be held within two weeks, or as soon thereafter as is possible. Thereafter, at the subsequent meeting of the Board, an in-depth review of the matter shall be conducted pursuant to the provisions of § 2.12.070 hereinbelow.
(1995 Code, § 2.12.060)
When, pursuant to § 2.12.060(B)(2) hereinabove, an in-depth review of a citizen complaint investigation is scheduled by the Board, notice of the date, time and place of the meeting shall be provided by the Board, in writing, to the Investigations Captain, the complainant and to the officer or officers involved. At the time and place of the meeting, the Board shall meet with the Investigations Captain to discuss the matter. The complainant, the officer or officers involved and other interested parties shall be provided with the opportunity to appear before the Board and make written and/or oral statements.
(1995 Code, § 2.12.070)
All such in-depth reviews shall be conducted in an informal manner. It shall not be necessary to have any party wishing to make a statement swear an oath, nor shall any party be provided with the opportunity to ask questions or otherwise cross-examine any other party providing a statement to the Board. Board members shall have the opportunity to ask questions from any person appearing and making a statement. The in-depth reviews shall be closed to the public and no one shall be permitted to be present during the process except for the Board members, the Investigations Captain, the staff representative(s) to the Board and the person presenting the statement at that particular time. Any person shall have the right to have an attorney present while the person is making his or her statement; provided, that the attorney cannot participate in any way in the proceedings, other than to advise his or her client.
(1995 Code, § 2.12.080)
At the conclusion of the in-depth review of the matter, the Board shall deliberate, in private, and make written findings by a majority vote of the voting members as to the matter as follows:
(A) Determine that the matter requires further investigation and direct the Investigations Captain to proceed with a follow-up investigation and submit a supplemental report back to the Board;
(B) Support the findings and report of the Investigations Captain; or
(C) Disagree with the report of the Investigations Captain and set forth specific reasons and analysis therefor.
(1995 Code, § 2.12.090)
Upon completion of the written report and findings of the Board, as set forth in §§ 2.12.060(B)(1), 2.12.090(B) or (C) hereinabove, the report shall be transmitted to the Chief of Police simultaneously with the transmission to the Chief of the report of the Investigations Captain. The written findings of the Board shall be submitted to the Chief within seven days of the completion of the review of the matter by the Board. To the extent required by law, a copy of the report shall be made available to the officer or officers involved at the same time and in the same manner as the Investigation Captain’s report is made available. No one else, including the complainant, is entitled to a copy of the findings of the Board.
(1995 Code, § 2.12.100)
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