§ 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)

§ 2.12.120 Confidentiality of material, information and deliberation.

   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)

§ 2.12.130 Penalty for wilful and/or intentional disclosure of information.

   Disclosure of any such confidential information by a member of the Board, if it is found to be wilful and/or intentional, shall result in the removal of the Board member by the City Council.

(1995 Code, § 2.12.130)

§ 2.12.140 Action by the Chief of Police.

   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)

§ 2.12.150 Annual report.

   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)

§ 2.12.160 Selection of members of the Board.

   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)

§ 2.12.170 Terms of office of Board members.

   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)

§ 2.12.180 Qualifications of Board members.

   In addition to the requirements for diversity of membership on the Board, as set forth in § 2.12.160, to be eligible for appointment to the Board, individuals must be objective, unbiased and without any conflict of interest as it applies to the Police Department, its officers and employees, and relationships between members of an individuals family and the Department and its employees. The phrase CONFLICT OF INTEREST, as used herein, shall, in addition to the meaning given to it under the Fair Political Practices Act and regulations promulgated thereunder, also mean that an individual, and the individual’s immediate family, are free of any disputes, disagreements, claims or legal action against the Police Department and any of its officers and employees.

(1995 Code, § 2.12.180)

§ 2.12.190 Severability.

   If any section, division, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision, and the holdings shall not effect the validity of the remaining portions of this chapter.

(1995 Code, § 2.12.190)