060 of 2020 - Changes to the Police Civilian Review Board1
SALT LAKE CITY ORDINANCE
No. 60 of 2020
(Adopting changes to the Salt Lake City Police Civilian Review Board)
WHEREAS, the Salt Lake City Council has determined that some changes to the
Salt Lake City Police Civilian Review Board is in the best interests of Salt Lake City.
WHEREAS, these changes are important to assist the City in ensuring
transparency and accountability in policing for all people in Salt Lake City.
WHEREAS, the Council also adopted the following legislative intents in
conjunction with the changes to the City’s Police Civilian Review Board ordinance:
1. The Council intends that the Administration provide an adequate
workspace for panel discussions, equipped for social distancing and to
allow confidential police body-worn camera footage be shown to the
group.
2. The Council intends that the Administration expand efforts to raise the
public stature of the CRB by providing communications staff, or the
opportunity to contract with a private firm for this purpose.
3. The Council intends that the Administration design a succession plan for
the Administrator/ Investigator position.
4. The Council intends that the Administration explore additional
mechanisms to increase transparency and accountability related to
independent, on-going auditing of Police Department body-worn camera
footage, and that future modifications may be made to the ordinance to
codify these mechanisms.
O 20-1O 20-20
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5. The Council intends that the Administration explore the question of
providing honoraria to members of some or all members of City Boards
and Commissions. This change would be made to the general section of
the Boards and Commissions ordinance, and no stipend would be provided
to members before discussion of this proposed ordinance is complete.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City
as follows:
SECTION 1. The sections of City Code 2.72. Police Civilian Review Board, are
hereby amended as follows:
Section 2.72.030: BOARD APPOINTMENTS; TERM OF OFFICE; BOARD
ADVISOR.
A. Creation: The board is hereby created.
B. Appointments By Mayor: The mayor, with the advice and consent of the
council, shall appoint twenty-one (21) civilians as members of the board. Included in this
number shall be three (3) from each council district. The mayor shall make such
appointments with a goal of providing geographical, professional, neighborhood, racial,
gender and ethnic diversity to the board so that balanced community representation is
achieved. Officers or employees of the city shall not be appointed to the board.
C. Term Of Office: All members of the board shall serve for a three (3) year
term, provided that the terms of the initial appointees shall be staggered so that not more
than seven (7) terms shall expire in any one year. Each member's term of office shall
expire on the first Monday in September. A member shall not serve more than two (2)
consecutive full terms.
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D. Board Advisor: The mayor shall appoint, as board advisor, a person with
prior police experience, who is not at the time employed by the police department or any
other law enforcement agency, to provide input and advice to the board. The board
advisor shall have the same term of office as members of the board and shall not serve for
more than two (2) consecutive terms. The board advisor is not a member of the board and
does not have a vote on the board.
2.72.070: CRIMINAL CONVICTION OR PENDING INDICTMENT:
No person may be appointed as a member of the board who has a criminal record
which would prohibit that individual from passing a State background check at the level
necessary to receive sensitive information and participate in a police department ride-
along. A felony conviction, or a conviction for a misdemeanor involving violence or
moral turpitude after appointment to the board, shall be a basis for removal from the
board.
2.72.140: QUORUM AND VOTE:
A. Quorum: No business of the board as a whole shall be conducted at a meeting
without at least a quorum of eight (8) members. No business of a board panel shall be
conducted at a meeting without at least a quorum of five (5) members. Any business of
the board related to the review of an officer-involved critical incident shall be conducted
at a meeting attended by at least a majority of the membership of the board appointed and
trained at the time of the review.
B. Vote: All actions of the board shall be represented by a vote of the members.
A simple majority of the voting members present at a meeting at which a quorum is
present shall be required for any action to be taken. All actions of a board panel shall be
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represented by a vote of the participating members. A simple majority of the panel
members present at each meeting at which a quorum is present shall be required for any
action to be taken.
C. Effective Date Of Decision: Any decision of the board or any panel shall
become effective immediately upon its adoption.
2.72.150: INVESTIGATIONS BY THE BOARD:
A. In General; Notice: The administrator shall have access to all internal affairs
unit investigations in which it is claimed that a police officer used excessive force,
together with such other investigations as the board in its discretion may request. The
police department shall notify the board through the administrator when cases are
initiated by the internal affairs unit.
B. Citizen Requested Investigations: Any person who files with the police
department a complaint about a police officer, whether or not claiming that the police
officer used excessive force, may, within sixty (60) business days after filing such
complaint, file with the board a request that the board investigate the complaint. At the
time a person files such a complaint with the police department, the police department
shall notify such person orally or in writing of the person's right, within sixty (60)
business days after such filing, to request a board investigation of the complaint. The
board, in its discretion, may grant or deny such request, and the board shall promptly
notify the person making the request of the board's decision to grant or deny the request.
If the board grants the request, it shall promptly notify the internal affairs unit thereof,
and the administrator shall have access to the internal affairs unit's investigation of such
complaint.
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Any person who files a complaint against a police officer under this section, knowing that
such complaint is frivolous, malicious or false, shall be guilty of a class C misdemeanor.
In addition, any person who files a complaint against a police officer knowing that such
complaint is frivolous, malicious or false, shall be civilly liable for all costs and expenses
incurred in investigating and otherwise responding to the complaint. A complaint is
frivolous if it has no reasonable basis in fact. The board may adopt rules that allow it to
dismiss any claim that it deems frivolous, malicious or false.
C. Administrator's Database: When the administrator is notified that a complaint
is filed with the internal affairs unit, or when the board agrees to investigate a complaint
at the request of a person pursuant to subsection B of this section, the administrator shall
ensure that all pertinent data concerning the complaint is collected and entered into a
computer database for future analysis.
D. Administrator's Access To Files: The administrator shall have access, via
computer database network, to all police department files on its network, except those
files that are confidential by law. The administrator shall not discuss with or release the
contents of those files to any person other than members of the board, the board advisor,
the police chief or his or her designee, the internal affairs unit, the mayor or his or her
designee, or the office of the city attorney. A breach of this confidentiality obligation by
the administrator or any related staff shall be grounds for removal from office, as well as
civil and criminal liability pursuant to any applicable city, state or federal law.
E. Administrator's Access To Internal Affairs Investigation: The administrator
shall have unfettered access to the internal affairs unit investigation process. The
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administrator may inquire of the commander of the internal affairs unit or the applicable
assistant police chief about the status of any open case.
F. Administrator; Interviews:
1. Access To Internal Affairs Interviews: The administrator shall have access to
all interviews scheduled by the internal affairs unit. The police department shall notify
the administrator when interviews related to: a) investigations in which it is claimed that
a police officer used excessive force or b) investigations that the board in its discretion
has requested to review are scheduled so that the administrator may be present, at his or
her discretion. The administrator may participate in questioning the witnesses. The
administrator may request that the internal affairs unit interview witnesses or collect
evidence, as he or she deems appropriate. If the administrator requests that the internal
affairs unit interview a witness and the internal affairs unit denies that request, the
administrator may independently interview that witness. In that event the administrator
shall invite internal affairs unit personnel to be present at the interview and such
personnel, if they choose to attend, may participate in questioning the witness.
2. Disclosure To Witnesses: If the administrator participates in any portion of the
interview process, he or she must clearly communicate to all participating witnesses that
he or she is an independent investigator/administrator affiliated with the board and not
with the police department.
3. Compelling Attendance Of Witnesses And Police Officers: If the
administrator desires to interview a witness or a police officer in connection with an open
internal affairs unit investigation that the administrator is investigating or reviewing
pursuant to this chapter, and if such person declines to be interviewed, the administrator
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may ask the mayor to compel the witness or police officer to meet with and be
interviewed by the administrator pursuant to chapter 2.59 of this title.
4. Presence Of Internal Affairs Unit Investigator: Except as provided in
subsection F1 of this section, the administrator shall have no contact with any witness or
accused employee, except when an internal affairs unit investigator is present or invited
to be present.
5. Forwarding Of Information To Internal Affairs Unit: Any information
relevant to internal affairs unit investigations of which the administrator becomes aware
shall be forwarded immediately to the commander of the internal affairs unit.
6. Protection Of Constitutional Rights: The administrator is bound to the same
extent as the police department and the city to protect the rights of officers and witnesses
under the Utah constitution and the United States constitution.
G. No Interviews By Board: The board and panels shall not call or interview
witnesses.
H. Completion Of Administrator's Investigation: The administrator shall
complete his or her investigation of each case within two (2) days after the completion
date of the internal affairs unit's investigation.
I. Report Of Administrator: Within five (5) business days (or such longer period
of time approved by the city's director of human resources after consultation with the
police chief or his or her designee) after his or her receipt of the case file from the
internal affairs unit, the administrator shall provide to the board review panel a written
report that summarizes the case and such investigation, and states the administrator's
recommendations regarding the case.
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J. Board's Access To Administrator's Records: Upon request, the administrator
shall provide to the board the administrator's notes and other records regarding cases
investigated by the administrator.
K. Administrator's Attendance At Predisciplinary Hearings: The administrator
may attend the predisciplinary hearing of a police officer who is the subject of the
administrator's report under subsection I of this section. If, after attending the
predisciplinary hearing, the administrator decides to prepare a second report that contains
a different recommendation regarding the police officer, the administrator shall submit
that second report to the board review panel not less than five (5) business days after the
end of the predisciplinary hearing.
L. Board's Access To Files: Except as required by law, members of the board
shall not discuss with or release the contents of police department files to any person
other than members of the board, the board advisor, the administrator, the police chief or
his or her designee, the internal affairs unit, the mayor or his or her designee, or the office
of the city attorney. A breach of this confidentiality obligation by a member of the board
shall be grounds for removal from office, as well as civil and criminal liability pursuant
to any applicable city, state or federal law.
2.72.220: AUDITS BY BOARD; REPORTS TO COUNCIL:
A. Semiannual Audits: Not less than once every six (6) months, the board shall
audit and review the reports of the board review panels with respect to all internal police
investigations commenced since the completion of the next preceding audit involving
cases in which it is claimed that a police officer used excessive force, together with such
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other cases as the board in its discretion may request. The board may also obtain and
review any records or reports of the administrator or the internal affairs unit.
B. Semiannual Reports:
1. Majority Report: After it finishes each audit, the board shall prepare a
semiannual advisory report highlighting the trends in police performance and stating its
findings, conclusions and recommendations regarding changes in police policy and
procedures. Patterns of behavior, unclear procedures, policy issues, and training needs
may be identified for review. A report shall be completed and filed with the mayor, the
council, and the police chief within thirty (30) days after each of the board's semiannual
audits.
2. Minority Report: If less than all of the members of the board join in the
majority report of the board, any member not joining in the majority report may file with
the mayor, the council, and the police chief a minority report, setting forth such person's
conclusions regarding the audit. Any minority report must be filed within seven (7)
business days after the filing of the majority report.
3. Confidentiality Of Reports: No semiannual advisory reports shall contain the
names of any individual persons. Except during a closed session of the board, no
individuals shall be mentioned by name in any verbal or written statements by the board
or the members thereof.
4. Copies Of Semiannual Advisory Reports: Copies of such reports shall be
provided to the mayor, each member of the council, and the police chief.
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5. Staff Support: The police department and the mayor's office shall cooperate
with the administrator to ensure that the board obtains all information and resources
necessary to gather information for its reports.
6. Reports to Council. At least annually, the Council will hold a briefing in which
the administrator will report to the Council on the board’s recommendations and reports
from the previous twelve (12) months.
SECTION 3. This ordinance shall become effective upon first publication.
Passed by the City Council of Salt Lake City, Utah this 8th day of December,
2020.
CHAIRPERSON
ATTEST:
_______________________________
Cindy Lou Trishman, City Recorder
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
MAYOR
Approved as to Form:
Salt Lake City Attorney’s Office
________________________________
Katherine N. Lewis, City Attorney
Katherine Lewis (Dec 18, 2020 11:59 MST)
Chris Wharton (Dec 21, 2020 11:53 MST)
Erin Mendenhall (Jan 20, 2021 15:51 MST)
01/20/2021
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Cindy Trishman (Jan 20, 2021 22:33 MST)
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________________________________
CITY RECORDER
(SEAL)
Bill No. 60 of 2020.
Published: ___________________.
Cindy Trishman (Jan 20, 2021 22:33 MST)
January 24, 2021
Ordinance 60 of 2020 (changes to CRB),
adopted 12-8-20.
Final Audit Report 2021-01-21
Created:2020-12-18
By:Kory Solorio (kory.solorio@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAQsYHgg0hmnF8rJnn-sZwFpuzH4RMkIFP
"Ordinance 60 of 2020 (changes to CRB), adopted 12-8-20." His
tory
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