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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)
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)
The actions of the Board shall be deemed part of the city’s personnel process and all documentation and other information presented to the Board with regard to any citizen complaint and the investigation thereof shall be deemed to be part of a personnel matter and therefore confidential and not subject to public disclosure. No such documentation or other information shall be disclosed to the public, absent a court order. Furthermore, neither the deliberations of the Board, nor its decision, shall be made public, absent court order.
(1995 Code, § 2.12.120)
Upon receipt of the report from the Board and the report and recommendations from the Investigations Captain, the Chief of Police shall proceed to take such action with regard to the subject citizen complaint, as he or she deems appropriate, pursuant to applicable departmental rules and policies, including the citizen complaint policy, and the applicable personnel rules and policies of the city. In addition, should the Chief disagree with the findings and report of the Board, he or she shall so inform the Board in writing, setting forth the reasons for his or her determination. The written communication to the Board from the Chief shall be made within ten days of receipt by the Chief of the report and findings of the Board.
(1995 Code, § 2.12.140)
The Board shall annually, during the month of December, prepare and submit a report, in summary form, of its activities, including statistical information regarding citizen complaints it reviewed. The report may also include such other comments as the Board deems appropriate. The report shall be submitted to the Police Chief, City Manager and City Council and shall be a public document.
(1995 Code, § 2.12.150)
The Board shall consist of seven members. Each member of the City Council shall select and appoint one member to the Board, subject to approval of the appointment by the remainder of the Council. The remaining two members shall be selected at large by the City Council as a whole. To the greatest extent possible, it is the goal of the Council to select Board members in a manner designed to provide a diversity of ethnic, racial and socioeconomic backgrounds as well as a diversity of geographic representation from all areas of the city. In addition to the seven members of the Board appointed by the City Council, an eighth, nonvoting member shall be appointed by the membership of the recognized bargaining unit representing the sworn employees of the Police Department. The appointee shall be entitled to participate in all aspects of the Board’s activities, including the reviewing citizen complaint investigations and discussions related thereto, except that the appointee shall not be entitled to vote on any matter before the Board. All appointees to the Board shall be residents of the city.
(1995 Code, § 2.12.160)
Appointments to the Board shall be for two-year terms and shall be made during the month of January immediately following the bi-annual November election of City Council members; provided, that the initial appointments to the Board shall be for a period of time of less than two years, as the initial appointees shall serve only until their successors are named. Vacancies on the Board shall be filled for the unexpired term and shall be made pursuant to the same procedures that were used for the initial selection of the departing Board member. At the first meeting of the Board after the bi-annual January appointment of a new Board, the Board members shall select a chairperson and a vice-chairperson from among their members.
(1995 Code, § 2.12.170)
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