Section 21-52 Board review of police chief's decision on complaints and recommendation.

    (a)    The board shall review the record of the investigation and may request the police chief to order further investigation. Subject to the availability of appropriated funds, the city shall contract with independent investigators to assist the board in its investigations of alleged misconduct.

    (b)    The board, as part of the review of an appeal, may interview and hear comments from witnesses to the incident under investigation.  The board shall not allow comments by the general public as part of the review.  

    (c)    The police chief and all police officers  and community service aides  shall cooperate with the board in its review of appeals from the police chief's decision. Cooperation shall include, but not be limited to, appearing before the board upon request and answering all questions honestly and thoroughly. Failure to cooperate shall be grounds for disciplinary action up to and including dismissal.

    (d)    The board shall provide timely updates on the progress of the review and any follow-up investigation to the complainant and the police officer  and community service aide , unless the specific facts of the review and investigation would prohibit such updates.

    (e)    The board may decline further action on an appeal if it determines that the alleged acts of misconduct are false and that the complainant knew they were false when the appeal was filed.

    (f)    After completing its review and investigation, the board shall report its findings and recommendations to the city manager, the police chief, the police officer , the community service aide  and the complainant.

    (g)    If the board agrees with the police chief's disposition of the complaint, it shall give notice to the police officer , the community service aide  and the complainant that they have the right to appeal the chief's decision as provided in section 21-53.

    (h)    If the board recommends a disposition of the complaint other than the disposition made by the police chief, the chief shall have ten (10) business days to reconsider the original decision and either reaffirm or modify it. The chief shall give written notice of the decision to the board, the city manager, the police officer , the community service aide  and the complainant. The police chief shall also give notice to the police officer or community service aide  and the complainant that they have the right to appeal the chief's decision as provided for in section 21-53. If the chief takes no action within ten (10) business days after the date of the board's findings and recommendation, the original decision is automatically reaffirmed and the board shall give notice to the police officer , the community service aide  and the complainant that they have the right to appeal the chief's decision as provided for in section 21-53.

(Ord. No. 20331, § 1, 7-20-09; Ord. No. 22142, § 1, 7-21-14 )

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.


(Ord. 22142, Amended, 07/21/2014, Prior Text; Ord. 20331, Added, 07/20/2009)