Section 21-51 Complaints; police chief decision on complaint; appeals to board.
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
(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
(3) Any person who witnessed alleged misconduct of a
police officer in person; or
(4) Any resident of Boone County.
The city clerk shall promptly forward complaints to the police chief. Complaints
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(c) Unless the complaint has been withdrawn or the police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
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
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
were found improper
complaint is sustained,
the police chief shall take appropriate disciplinary
) The police chief shall promptly give written notice of the decision and any
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.
) Both the police officer and the complainant have the right to appeal the police
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.
) When an appeal has been filed, the city clerk shall promptly notify all board
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
police chief's decisions on alleged police misconduct shall only apply to decisions made by the
police chief after January 1, 2010.