Section 21-51 Complaints; police chief decision on complaint; appeals to board.

(b) The city clerk shall promptly forward complaints to the police chief. Complaints must be filed within one (1) year from the date of the alleged police officer misconduct. The board shall take no action on a complaint alleging misconduct that the police department is treating as a criminal matter unless and until the police determines that the officer's alleged conduct was not criminal or a prosecutor has declined to prosecute the alleged offense or a prosecution of the alleged offense has concluded.

( c ) Unless the complaint has been withdrawn or the police officer is no longer employed by the city, the internal affairs process shall conclude with a decision by the police chief that the officer's actions were proper, the officer's actions were improper or there was insufficient evidence to prove or disprove the allegations in the complaint. If the officer's actions were found improper, the police chief shall take appropriate disciplinary action.

( d ) The police chief shall promptly give written notice of the decision and any disciplinary action to the police officer and the complainant. The notice shall include information on the right and manner of appealing the decision of the chief to the citizens police review board.

( e ) Both the police officer and the complainant have the right to appeal the police chief's decision to the board. An appeal to the board must be made in writing and delivered to the city clerk. The clerk must receive the appeal within twenty-one (21) days after the notice of the chief's decision was given. The appeal must be either hand delivered to the office of the city clerk or sent to the city clerk by United States mail, facsimile machine or electronic mail.

( f ) When an appeal has been filed, the city clerk shall promptly notify all board members and the police chief. The police chief shall promptly forward to each board member a copy of all police department records pertaining to the complaint and the investigation of the complaint.

Editor's Note: The authority of the Citzens Police Review Board to review appeals from the police chief's decisions on alleged police misconduct shall only apply to decisions made by the police chief after January 1, 2010.