Chapter 21 POLICE*
Section 21-52 Board review 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 police
(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
shall cooperate with the board in its review of
appeals from the police chiefs 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, 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 and the complainant.
(g) If the board agrees with the police
chiefs disposition of the complaint, it shall give
notice to the police officer and the complainant that they have the right to appeal the chiefs
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 and the complainant. The police chief shall also give notice
to the police officer and the complainant that they have the right to appeal the chiefs decision
provided for in section 21-53. If the chief takes no action within ten (10) business days after
date of the boards findings and recommendation, the original decision is automatically
reaffirmed and the board shall give notice to the police officer and the complainant that they have
the right to appeal the chiefs decision as provided for in section 21-53.
(Ord. No. 20331, § 1, 7-20-09)
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.
(Ord. 20331, Added, 07/20/2009)