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Proposed Ordinance -1 SALT LAKE CITY ORDINANCE 1 No. ___ of 2020 2 (Adopting changes to the Salt Lake City Police Civilian Review Board) 3 4 WHEREAS, the Salt Lake City Council has determined that some changes to the 5 Salt Lake City Police Civilian Review Board is in the best interests of Salt Lake City. 6 WHEREAS, these changes are important to assist the City in ensuring 7 transparency and accountability in policing for all people in Salt Lake City. 8 WHEREAS, the Council also adopted the following legislative intents in 9 conjunction with the changes to the City’s Police Civilian Review Board ordinance: 10 1. The Council intends that the Administration provide an adequate 11 workspace for panel discussions, equipped for social distancing and to 12 allow confidential police body-worn camera footage be shown to the 13 group. 14 2. The Council intends that the Administration expand efforts to raise the 15 public stature of the CRB by providing communications staff, or the 16 opportunity to contract with a private firm for this purpose. 17 3. The Council intends that the Administration design a succession plan for 18 the Administrator/ Investigator position. 19 4. The Council intends that the Administration explore additional 20 mechanisms to increase transparency and accountability related to 21 independent, on-going auditing of Police Department body-worn camera 22 footage, and that future modifications may be made to the ordinance to 23 codify these mechanisms. 24 2 5. The Council intends that the Administration explore the question of 25 providing honoraria to members of some or all members of City Boards 26 and Commissions. This change would be made to the general section of 27 the Boards and Commissions ordinance, and no stipend would be provided 28 to members before discussion of this proposed ordinance is complete. 29 NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City 30 as follows: 31 SECTION 1. The sections of City Code 2.72. Police Civilian Review Board, are 32 hereby amended as follows: 33 Section 2.72.030: BOARD APPOINTMENTS; TERM OF OFFICE; BOARD 34 ADVISOR. 35 A. Creation: The board is hereby created. 36 B. Appointments By Mayor: The mayor, with the advice and consent of the 37 council, shall appoint twenty-one (21) civilians as members of the board. Included in this 38 number shall be three (3) from each council district. The mayor shall make such 39 appointments with a goal of providing geographical, professional, neighborhood, racial, 40 gender and ethnic diversity to the board so that balanced community representation is 41 achieved. Officers or employees of the city shall not be appointed to the board. 42 C. Term Of Office: All members of the board shall serve for a three (3) year 43 term, provided that the terms of the initial appointees shall be staggered so that not more 44 than seven (7) terms shall expire in any one year. Each member's term of office shall 45 expire on the first Monday in September. A member shall not serve more than two (2) 46 consecutive full terms. 47 3 D. Board Advisor: The mayor shall appoint, as board advisor, a person with 48 prior police experience, who is not at the time employed by the police department or any 49 other law enforcement agency, to provide input and advice to the board. The board 50 advisor shall have the same term of office as members of the board and shall not serve for 51 more than two (2) consecutive terms. The board advisor is not a member of the board and 52 does not have a vote on the board. 53 2.72.070: CRIMINAL CONVICTION OR PENDING INDICTMENT: 54 No person may be appointed as a member of the board who has a criminal record 55 which would prohibit that individual from passing a State background check at the level 56 necessary to receive sensitive information and participate in a police department ride-57 along. A felony conviction, or a conviction for a misdemeanor involving violence or 58 moral turpitude after appointment to the board, shall be a basis for removal from the 59 board. 60 2.72.140: QUORUM AND VOTE: 61 A. Quorum: No business of the board as a whole shall be conducted at a meeting 62 without at least a quorum of eight (8) members. No business of a board panel shall be 63 conducted at a meeting without at least a quorum of five (5) members. Any business of 64 the board related to the review of an officer-involved critical incident shall be conducted 65 at a meeting attended by at least a majority of the membership of the board appointed and 66 trained at the time of the review. 67 B. Vote: All actions of the board shall be represented by a vote of the members. 68 A simple majority of the voting members present at a meeting at which a quorum is 69 present shall be required for any action to be taken. All actions of a board panel shall be 70 4 represented by a vote of the participating members. A simple majority of the panel 71 members present at each meeting at which a quorum is present shall be required for any 72 action to be taken. 73 C. Effective Date Of Decision: Any decision of the board or any panel shall 74 become effective immediately upon its adoption. 75 2.72.150: INVESTIGATIONS BY THE BOARD: 76 A. In General; Notice: The administrator shall have access to all internal affairs 77 unit investigations in which it is claimed that a police officer used excessive force, 78 together with such other investigations as the board in its discretion may request. The 79 police department shall notify the board through the administrator when cases are 80 initiated by the internal affairs unit. 81 B. Citizen Requested Investigations: Any person who files with the police 82 department a complaint about a police officer, whether or not claiming that the police 83 officer used excessive force, may, within sixty (60) business days after filing such 84 complaint, file with the board a request that the board investigate the complaint. At the 85 time a person files such a complaint with the police department, the police department 86 shall notify such person orally or in writing of the person's right, within sixty (60) 87 business days after such filing, to request a board investigation of the complaint. The 88 board, in its discretion, may grant or deny such request, and the board shall promptly 89 notify the person making the request of the board's decision to grant or deny the request. 90 If the board grants the request, it shall promptly notify the internal affairs unit thereof, 91 and the administrator shall have access to the internal affairs unit's investigation of such 92 complaint. 93 5 Any person who files a complaint against a police officer under this section, knowing that 94 such complaint is frivolous, malicious or false, shall be guilty of a class C misdemeanor. 95 In addition, any person who files a complaint against a police officer knowing that such 96 complaint is frivolous, malicious or false, shall be civilly liable for all costs and expenses 97 incurred in investigating and otherwise responding to the complaint. A complaint is 98 frivolous if it has no reasonable basis in fact. The board may adopt rules that allow it to 99 dismiss any claim that it deems frivolous, malicious or false. 100 C. Administrator's Database: When the administrator is notified that a complaint 101 is filed with the internal affairs unit, or when the board agrees to investigate a complaint 102 at the request of a person pursuant to subsection B of this section, the administrator shall 103 ensure that all pertinent data concerning the complaint is collected and entered into a 104 computer database for future analysis. 105 D. Administrator's Access To Files: The administrator shall have access, via 106 computer database network, to all police department files on its network, except those 107 files that are confidential by law. The administrator shall not discuss with or release the 108 contents of those files to any person other than members of the board, the board advisor, 109 the police chief or his or her designee, the internal affairs unit, the mayor or his or her 110 designee, or the office of the city attorney. A breach of this confidentiality obligation by 111 the administrator or any related staff shall be grounds for removal from office, as well as 112 civil and criminal liability pursuant to any applicable city, state or federal law. 113 E. Administrator's Access To Internal Affairs Investigation: The administrator 114 shall have unfettered access to the internal affairs unit investigation process. The 115 6 administrator may inquire of the commander of the internal affairs unit or the applicable 116 assistant police chief about the status of any open case. 117 F. Administrator; Interviews: 118 1. Access To Internal Affairs Interviews: The administrator shall have access to 119 all interviews scheduled by the internal affairs unit. The police department shall notify 120 the administrator when interviews related to: a) investigations in which it is claimed that 121 a police officer used excessive force or b) investigations that the board in its discretion 122 has requested to review are scheduled so that the administrator may be present, at his or 123 her discretion. The administrator may participate in questioning the witnesses. The 124 administrator may request that the internal affairs unit interview witnesses or collect 125 evidence, as he or she deems appropriate. If the administrator requests that the internal 126 affairs unit interview a witness and the internal affairs unit denies that request, the 127 administrator may independently interview that witness. In that event the administrator 128 shall invite internal affairs unit personnel to be present at the interview and such 129 personnel, if they choose to attend, may participate in questioning the witness. 130 2. Disclosure To Witnesses: If the administrator participates in any portion of the 131 interview process, he or she must clearly communicate to all participating witnesses that 132 he or she is an independent investigator/administrator affiliated with the board and not 133 with the police department. 134 3. Compelling Attendance Of Witnesses And Police Officers: If the 135 administrator desires to interview a witness or a police officer in connection with an open 136 internal affairs unit investigation that the administrator is investigating or reviewing 137 pursuant to this chapter, and if such person declines to be interviewed, the administrator 138 7 may ask the mayor to compel the witness or police officer to meet with and be 139 interviewed by the administrator pursuant to chapter 2.59 of this title. 140 4. Presence Of Internal Affairs Unit Investigator: Except as provided in 141 subsection F1 of this section, the administrator shall have no contact with any witness or 142 accused employee, except when an internal affairs unit investigator is present or invited 143 to be present. 144 5. Forwarding Of Information To Internal Affairs Unit: Any information 145 relevant to internal affairs unit investigations of which the administrator becomes aware 146 shall be forwarded immediately to the commander of the internal affairs unit. 147 6. Protection Of Constitutional Rights: The administrator is bound to the same 148 extent as the police department and the city to protect the rights of officers and witnesses 149 under the Utah constitution and the United States constitution. 150 G. No Interviews By Board: The board and panels shall not call or interview 151 witnesses. 152 H. Completion Of Administrator's Investigation: The administrator shall 153 complete his or her investigation of each case within two (2) days after the completion 154 date of the internal affairs unit's investigation. 155 I. Report Of Administrator: Within five (5) business days (or such longer period 156 of time approved by the city's director of human resources after consultation with the 157 police chief or his or her designee) after his or her receipt of the case file from the 158 internal affairs unit, the administrator shall provide to the board review panel a written 159 report that summarizes the case and such investigation, and states the administrator's 160 recommendations regarding the case. 161 8 J. Board's Access To Administrator's Records: Upon request, the administrator 162 shall provide to the board the administrator's notes and other records regarding cases 163 investigated by the administrator. 164 K. Administrator's Attendance At Predisciplinary Hearings: The administrator 165 may attend the predisciplinary hearing of a police officer who is the subject of the 166 administrator's report under subsection I of this section. If, after attending the 167 predisciplinary hearing, the administrator decides to prepare a second report that contains 168 a different recommendation regarding the police officer, the administrator shall submit 169 that second report to the board review panel not less than five (5) business days after the 170 end of the predisciplinary hearing. 171 L. Board's Access To Files: Except as required by law, members of the board 172 shall not discuss with or release the contents of police department files to any person 173 other than members of the board, the board advisor, the administrator, the police chief or 174 his or her designee, the internal affairs unit, the mayor or his or her designee, or the office 175 of the city attorney. A breach of this confidentiality obligation by a member of the board 176 shall be grounds for removal from office, as well as civil and criminal liability pursuant 177 to any applicable city, state or federal law. 178 2.72.220: AUDITS BY BOARD; REPORTS TO COUNCIL: 179 A. Semiannual Audits: Not less than once every six (6) months, the board shall 180 audit and review the reports of the board review panels with respect to all internal police 181 investigations commenced since the completion of the next preceding audit involving 182 cases in which it is claimed that a police officer used excessive force, together with such 183 9 other cases as the board in its discretion may request. The board may also obtain and 184 review any records or reports of the administrator or the internal affairs unit. 185 B. Semiannual Reports: 186 1. Majority Report: After it finishes each audit, the board shall prepare a 187 semiannual advisory report highlighting the trends in police performance and stating its 188 findings, conclusions and recommendations regarding changes in police policy and 189 procedures. Patterns of behavior, unclear procedures, policy issues, and training needs 190 may be identified for review. A report shall be completed and filed with the mayor, the 191 council, and the police chief within thirty (30) days after each of the board's semiannual 192 audits. 193 2. Minority Report: If less than all of the members of the board join in the 194 majority report of the board, any member not joining in the majority report may file with 195 the mayor, the council, and the police chief a minority report, setting forth such person's 196 conclusions regarding the audit. Any minority report must be filed within seven (7) 197 business days after the filing of the majority report. 198 3. Confidentiality Of Reports: No semiannual advisory reports shall contain the 199 names of any individual persons. Except during a closed session of the board, no 200 individuals shall be mentioned by name in any verbal or written statements by the board 201 or the members thereof. 202 4. Copies Of Semiannual Advisory Reports: Copies of such reports shall be 203 provided to the mayor, each member of the council, and the police chief. 204 10 5. Staff Support: The police department and the mayor's office shall cooperate 205 with the administrator to ensure that the board obtains all information and resources 206 necessary to gather information for its reports. 207 6. Reports to Council. At least annually, the Council will hold a briefing in which 208 the administrator will report to the Council on the board’s recommendations and reports 209 from the previous twelve (12) months. 210 SECTION 3. This ordinance shall become effective upon first publication. 211 Passed by the City Council of Salt Lake City, Utah this 8th day of December, 212 2020. 213 214 215 CHAIRPERSON 216 217 218 219 220 221 222 223 224 225 226 ATTEST: 227 228 229 _______________________________ 230 Cindy Lou Trishman, City Recorder 231 232 233 Transmitted to Mayor on _______________________. 234 235 236 Mayor's Action: _______Approved. _______Vetoed. 237 238 239 240 MAYOR 241 Approved as to Form: Salt Lake City Attorney’s Office ________________________________ Katherine N. Lewis, City Attorney ________________________________ Date 11 242 243 ________________________________ 244 CITY RECORDER 245 (SEAL) 246 247 Bill No. _________ of 2020. 248 Published: ___________________. 249