Prior to the adoption of Ord. 20764 on 09/20/2010, Section 21-51 read as follows.

    (a)     Complaints may be filed with the police department or with the city clerk  only by the following:

        (1)     Any person who is an alleged victim of misconduct of a police officer; or

        (2)     Any family member, friend or attorney of an alleged victim of misconduct of a police officer; or

    (3)     Any person who witnessed alleged misconduct of a police officer in person; or

    (4)    Any resident of Boone County.

     (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    (c)     Unless the complaint has been withdrawn or the police officer is no longer employed by the city, the internal affairs complaint investigation  process shall conclude with a decision by the police chief that the complaint is unfounded (acts complained of did not occur or were misconstrued), the complaint is not sustained (insufficient facts established to either prove or disprove the acts complained of), the complaint is sustained (sufficient facts established to prove misconduct) or the officer is exonerated (acts complained of occurred but were justified, lawful and proper) 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 complaint is sustained, 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.

(Ord. No. 20331, § 1, 7-20-09; Ord. No. 20722, § 1, 8-16-10)

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.