046 of 1997 - AN ORDINANCE REPEALING AND REENACTING CHAPTER 72 OF0 97-1
0 97-23
SALT LAKE CITY ORDINANCE
No. 46 of 1997
(Civilian Review Board)
AN ORDINANCE REPEALING AND REENACTING CHAPTER 72 OF
TITLE 2 OF THE SALT LAKE CITY CODE, relating to a Civilian Review Board.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 72 of Title 2 of the Salt Lake City Code, relating to a
Civilian Review Board, is hereby repealed.
SECTION 2. That Chapter 72 of Title 2 of the Salt Lake City Code, relating to a
Civilian Review Board, is hereby reenacted to read as follows:
Chapter 2.72
CIVILIAN REVIEW BOARD
2.72.010 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context,
certain words and phrases used in this chapter are defined as follows:
A. "Board" means the civilian review board created under this chapter.
B. "City" means Salt Lake City, a municipal corporation of the state of Utah.
C. "Council" means the city council of the city.
D. "Mayor" means the duly elected or appointed and qualified mayor of the
city.
E. "Member" means a person appointed by the mayor who is duly qualified
and acting as a member of the board.
F. "Office of internal audit" means the office of internal audit provided for in
section 2.04.020(C) of this code.
G. "Person" means an individual.
H. "Police chief' means the chief of police of the city.
I. "Police department" means the police department of the city.
J. "Vehicular pursuit" means an attempt by a police officer to stop a moving
vehicle when the driver knowingly resists apprehension by fleeing or failing to stop.
2.72.020 Board created
There is hereby created the board, which shall consist of five (5) members, all of
whom must reside in the city.
2.72.030 Purpose.
The purpose of the board is to audit and review certain complaints and internal
police investigations regarding conduct of the police and to provide periodic reports and
recommendations with respect thereto. In no event shall the board make
recommendations pursuant to this chapter involving the discipline of individual police
officers.
2.72.040 Appointment.
A. Appointments by mayor. The Mayor, with the advice and consent of the
council, shall appoint five (5) civilians as members of the board, with a goal of providing
balanced geographical, professional, neighborhood and community representation.
Officers or employees of the city shall not be appointed to the board.
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B. Term of Office. All members of the board shall serve for a four (4) year
term, provided that the terms of the initial appointees shall be staggered so that not more
than three (3) terms shall expire in any one year. Each member's term of office shall
expire on a first Monday in June. A member shall serve until a successor has been duly
appointed. A member shall not serve for more than two (2) consecutive full terms.
2.72.050 Policies and procedures.
The board shall adopt policies and procedures, not inconsistent with this chapter,
for the conduct of its meetings and for any other purposes it considers necessary for its
proper functioning.
2.72.060 Organization
A. Officers. The board shall select annually from its members a chairperson,
a vice -chairperson, and a secretary.
B. Staff. The city shall provide adequate staff to the board through the office
of internal audit.
2.72.070 Voluntary service: immunity from liability
Members of the board shall perform their services on the board without pay or
other compensation, except for payment or reimbursement of expenses actually and
reasonably incurred as approved by the mayor. Members shall be deemed volunteers as
defined in Title 67, Chapter 20, Utah Code Annotated, as amended, or any successor
statute, and, as such, shall be defended by the city attorney but shall be immune from any
liability with respect to any decision or action taken in the performance of their duties and
responsibilities on the board as provided by Title 63, Chapter 30b, Utah Code Annotated,
as amended, or any successor statute.
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2.72.080 Removal from office.
Any member of the board may be removed from office by the mayor, for cause,
prior to the normal expiration of the term for which such member was appointed.
2.72.090 Vacancy filling.
Any vacancy on the board shall be filled for the unexpired term of the vacated
member in the same manner as the member whose position has been vacated was
appointed.
2.72.100 Members' ethics.
Members shall be subject to and bound by the provisions of the city's conflict of
interest ordinance, Chapter 2.44 of this code. Any violations of the provisions of said
chapter shall be grounds for removal from office.
2.72.110 Eligibility for membership; training.
A. Eligibility. To be eligible to be appointed as a member of the board, a person
shall be at least 21 years of age and shall be a resident of the city.
B. Training. Within three months after the commencement of his or her term of
office, each member of the board shall receive training regarding the duties of the board
and regarding police practices and procedures. The mayor, after consulting with the
police chief, shall specify the nature of such training, which may include attendance at the
city's civilian police academy and riding along in police vehicles during police shifts.
Members of the board shall receive, at least annually, refresher training regarding such
matters.
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2.72.120 Meetings of board.
A. Regular meetings. The board shall hold regular meetings at least once every
three months.
B. Open meeting law compliance. Notice of meetings shall be provided as
required in the Open and Public Meetings Act, Title 52, Chapter 4, Utah Code Annotated,
as amended, or any successor statute. The board may close a meeting if allowed under
Section 52-4-5, Utah Code Annotated, as amended, upon the affirmative vote of two
thirds of the members of the board present in an open meeting for which notice is given,
provided a quorum is present. The meeting shall be closed if the discussions relate to
records which are defined as protected or private under the Government Records Access
and Management Act, Title 63, Chapter 2, Utah Code Annotated, as amended, or any
successor statute, or any ordinance adopted by the council pursuant to said Act.
C. Special meetings; notice. Special meetings may be ordered by the chairperson
of the board, a majority of the members of the board, a majority of the members of the
council, or the mayor. The order for a special meeting must be signed by the person or
persons calling such meeting and, unless waived in writing, each board member not
joining in the order must be given not less than three hours' prior notice of the meeting.
Such notice shall be served personally or left at the board member's residence or business
office.
D. Location of meetings; record of proceedings. Meetings shall be held at such
public place as may be designated by the board. The board shall cause a written record of
its proceedings to be available for public inspection in the office of the city recorder. The
board shall record the yea and nay votes of the board members on any action taken by it.
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The board may suspend the rules of procedure for its meetings by unanimous vote of the
members of the board who are present at the meeting. The board shall not suspend the
rules of procedure beyond the duration of the meeting at which the suspension of rules
occurs.
2.72.130 Quorum and vote.
A. Quorum. No business of the board shall be conducted at a meeting
without at least a quorum of three (3) voting members.
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.
C. Effective date of decisions. A decision of the board shall become effective
upon approval of the minutes. By a two-thirds vote of the members present, the board
may make any decision effective immediately upon adoption.
2.72.140 Audits by board.
A. Quarterly audits.
1. Not less than once every three months, the board shall audit the files of
the police department with respect to all internal police investigations, including
those initiated by complaints by persons, commenced since the completion of the
next preceding audit, involving cases (a) in which a police officer became
engaged in activity where deadly force, or force that resulted in serious injury to a
person, was used, (b) in which a police officer becomes engaged in a vehicular
pursuit, or (c) involving an alleged violation of the public trust by a police officer.
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In addition, the board, in its discretion, may audit any other cases investigated or
being investigated by the internal affairs unit of the police department.
2. The police department shall provide to the board upon request copies of
all documents related to the cases referred to subsection (1) above at least thirty
(30) days prior to the board's next regular meeting or at any other time requested
by the chairperson of the board. Members of the board shall treat such documents
as confidential prior to the meeting.
B. Asking questions and requiring attendance of witnesses. Members of the
board may question the witnesses and police officers involved in the cases being audited,
and may ask the mayor to compel the attendance of witnesses at a meeting of the board
pursuant to chapter 2.59 of this code or otherwise.
2.72.150 Quarterly reports.
A. Majority Report. After it finishes each audit the board shall prepare a
quarter year 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 within thirty (30) days after
each of the board's quarterly regular meetings.
B. 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.
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C. Confidentiality of reports. Except in cases in which the board, in its
discretion, determines otherwise, no reports shall contain the names of any individual
persons, and except during a meeting of the board no individuals shall be mentioned by
name in any verbal or written statements by the board or the members thereof.
D. Copies of reports. Copies of such reports shall be provided to the mayor,
each member of the council, and the police chief.
E. Staff support. The police department and the mayor's office shall
cooperate with the office of internal audit so as to ensure that the board obtains all
information and resources necessary to gather information for its reports.
2.72.160 Hearing and review procedure.
A. Publicizing of review procedure. The police department and the mayor's
office shall publicize the availability of the review procedure described below, and shall
educate the public regarding where and when to file requests for review. In order to
publicize the review procedure, the police department and the mayor's office shall
develop brochures and other written publicity materials, and shall provide for
dissemination of information through other forms of media which are not limited to
written information.
B. Hearings and review.
1. Requests for review by persons.
(a) Any person (other than a police officer who was the subject of a
complaint) who is dissatisfied with a decision of the police department regarding
a complaint filed against a police officer may request a review by the board of
such decision.
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(b) The request must be filed within 30 days after the person's receipt of
the determination of the police department. The board may adopt rules for
permitting late filings in extraordinary circumstances.
(c) A request for review must be filed in writing, personally or by mail, at
the office of the mayor or the mayor's designee.
(d) The request for review must include: (i) the name, address and
telephone number of the person requesting review; (ii) the approximate date the
complaint was filed (if known); (iii) the substance of the complaint; and (iv) the
reason or reasons the complainant is dissatisfied with the police department's
decision.
2. Procedure for review.
(a) When review by the board is requested pursuant to this section, the
police department shall supply to the board all pertinent documents and
investigative materials related to the original case.
(b) A list of witnesses who testified in the original case shall be supplied
to the board by the police department.
(c) A member of the board may request of the police department that
other witnesses from the police department testify before the board. If such
witnesses decline to testify, the member may ask the mayor to compel such
witnesses to testify pursuant to chapter 2.59 of this code or otherwise.
(d) The board shall have access to all records of the police department
regarding the incident of alleged misconduct involved, and may interview the
complainant. The police department and the mayor's office shall cooperate with
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the office of internal audit and with the board so that the board obtains all
necessary information and resources. The board shall comply with any city, state
or federal laws regarding privacy and confidentiality of such records.
(e) All hearings by the board are confidential and closed to the public.
(f) Except in cases in which the board, in its discretion, determines
otherwise, no reports shall contain the names of any complainants, witnesses or
police officers, and no such persons shall be mentioned by name in any verbal or
written statements by the board or the members thereof. The report shall be
edited to the extent necessary to comply with any city, state or federal laws
regarding privacy and confidentiality of records.
3. Recommendation of board. After holding the hearing and reaching its
conclusion, the board shall file with the mayor's office and with the police chief a report
and recommendation regarding the matter, which may include further investigative action
or review regarding overall police department performance or other police department
policy concerns which the reviewed case may have raised, but which shall not involve
recommendations regarding discipline of individual police officers.
4. Response of mayor. Within thirty (30) days after receiving the board's report
and recommendation, or such longer reasonable time as the mayor upon good cause
shown shall need, the mayor shall file with the council and with the person who filed the
request for review: (a) a copy of the board's report and recommendation, (b) a copy of the
mayor's response to that report and recommendation, and (c) a written description of any
action taken pursuant to the mayor's response.
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2.72.170 Confidentiality of records.
Records of confidential closed sessions shall be kept in compliance with the
Government Records Access and Management Act, Title 63, Chapter 2, Utah Code
Annotated, as amended, or any successor statute, and the Open and Public Meetings Act,
Title 52, Chapter 4, Utah Code Annotated, as amended, or any successor statute. The
board shall keep written minutes of its proceedings and records of all its examinations
and official actions.
2.72.180 Cooperation and coordination.
All city officers and employees, including those of the police department, shall
provide complete and prompt cooperation to the board in the discharge of its duties. The
board and other city officers and employees shall coordinate their activities so that such
officers and employees and the board can fully and properly perform their respective
duties.
2.72.190 Board actions shall not bind the mayor or council.
The recommendations of the board shall not be deemed to bind the mayor and the
police department in their determinations. Nothing in this chapter shall be construed to be
a delegation of the mayor's and the council's responsibility and authority regarding the
police department.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect on the date of
first publication.
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Passed by the City Council of Salt Lake City, Utah, this 6 th day of
August , 1997.
ATTEST:
H EF DEPUTY I CORDER
Transmitted to the Mayor on 8-6-97
Mayor's Action: xxx Approved.
ATTEST:
Bill No. 46 of 1997.
Published: 8_ 19 -9 7
Vetoed
MAYOR
tr+Vfie AS TO O .,
Criy .S3'torn.,y's Liff'. xe
777)
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