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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)
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)
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)