§ 2.12.070 In-depth review by Board.

   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)

§ 2.12.080 Conduct of in-depth review.

   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)

§ 2.12.090 Action by the Board.

   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)

§ 2.12.100 Report to Police Chief.

   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)

§ 2.12.110 Notice to complainant.

   The complainant, and only the complainant, shall be provided with a written notice that the Board has completed its review of the complaint and it has been forwarded to the Chief. The complainant shall not be provided with the findings of the Board, nor its adjudication in relation thereto.

(1995 Code, § 2.12.110)