052 of 2003 - Relating to the Police Civilian Review Board , 0 03-1
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SALT LAKE CITY ORDINANCE
No. 52 of 2003
(Police Civilian Review Board)
AN ORDINANCE AMENDING CHAPTER 2.72 OF THE SALT LAKE CITY
CODE, RELATING TO THE POLICE CIVILIAN REVIEW BOARD.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2.72 of the Salt Lake City Code, relating to the Police
Civilian Review Board,be, and the same hereby is, amended as follows:
Chapter 2.72
Police Civilian Review Board
2.72.010 Purpose.
The best interests of the City and its residents will be served by civilian oversight
of certain complaints and internal police investigations regarding conduct of the police.
As such, the Civilian Review Board will audit and review all cases in which it is claimed
that a police officer used excessive force and such other cases as the Board in its
discretion may request. Such audit and review are intended to foster trust between the
community and law enforcement personnel and to assure fair treatment to police officers.
2.72.020 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. "Administrator"means the independent Board investigator/administrator
appointed pursuant to Section 2.72.060.
B. "Board" means the Police Civilian Review Board created under this Chapter.
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C. "Board Advisor"means the Board Advisor appointed pursuant to Section
2.72.030(D).
D. "City" means Salt Lake City Corporation, a Utah municipal corporation.
E. "Council" means the City Council of the City.
F. "Internal Affairs Unit"means the internal affairs unit of the Police Department.
G. "Mayor" means the duly elected or appointed and qualified Mayor of the City.
H. "Member" or"member of the Board"means a person appointed by the Mayor
who is duly qualified and acting as a member of the Board.
I. "Panel"or"Board review panel"means a panel of Board members described in
Section 2.72.180.
J. "Person" means an individual.
K. "Police Chief' means the Chief of Police of the City.
L. "Police Department" means the Police Department of the City.
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 fourteen (14) civilians as members of the Board. Included in this
number shall be two (2) 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
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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.
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.
2.72.040 Policies and Procedures.
The Board shall adopt policies and procedures,not inconsistent with this Chapter,
for the conduct of its meetings, for the conduct of meetings of panels, and for any other
purposes it considers necessary for its proper functioning.
2.72.050 Organization.
A. Officers. The Board shall annually select from its members a chair and a
vice chair.
B. Staff. The Mayor shall appoint a full-time investigator/administrator for
the Board, as provided in Section 2.72.060. The City shall additionally provide staff to
create written minutes from any Board and panel meeting recordings.
C. Attorney. The City Attorney shall be the attorney for the Board. In the
event of a conflict of interest, any legal advice or assistance shall be obtained, as directed
by the Office of the City Attorney.
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2.72.060 Independent Board Administrator.
A. Appointment; Removal. In the interest of legitimate civilian oversight,
the Mayor shall appoint a full-time independent Administrator for the Board. In making
such appointment, the Mayor shall consider any recommendations of the Board regarding
who should be appointed. The Administrator shall operate out of the City's Department
of Management Services. The Administrator shall be an at-will employee and shall be
subject to removal by the Mayor, with or without cause, but only after the Mayor
considers any recommendations of the Board regarding such removal.
B. Required Qualifications. The Administrator shall have the following
qualifications:
1. Experience in public sector labor and employment law (preferably relating
to police and firefighters), Utah civil service law, and civil rights law, or the ability to
quickly learn applicable legal principles.
2. Strong interpersonal and supervisory skills.
3. Objectivity toward police and community interests.
4. No felony convictions or misdemeanor criminal convictions in cases
involving violence or moral turpitude. The Administrator shall not be under a pending
felony indictment or information when appointed. A felony conviction or indictment or
information, or a conviction of a misdemeanor involving violence or moral turpitude after
appointment, shall be a basis for removal.
5. Strong writing skills.
6. Verbally articulate.
7. Strong interviewing skills.
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8. Strong investigative skills.
C. Desired Administrator Qualifications. If possible, the Administrator
shall have the following qualifications:
1. Mediation training and mediation experience.
2. History of community involvement and public service.
3. Administrative and management skills.
4. Ability to positively interact with citizens,police officers, and the
community.
5. Trial or appellate experience.
2.72.070 Criminal Conviction or Pending Indictment.
No person may be appointed as a member of the Board who has (1) any felony
convictions,pending indictments or informations; or(2) misdemeanor criminal
convictions, pending indictments or informations in cases involving violence or moral
turpitude. 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.
2.72.080 Voluntary Service; Immunity From Liability.
Board members and the Board Advisor shall perform their services on or for the
Board without pay or other compensation, except for payment or reimbursement of
expenses actually and reasonably incurred as approved in writing, in advance,by the
Mayor, Board members and the Board Advisor shall be deemed volunteers as defined in
Title 67, Chapter 20,Utah Code Annotated, as amended, or any successor statue, and, as
such, shall be defended by the City Attorney,but shall be immune from any liability with
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respect to any decision or action taken in the performance of their duties and
responsibilities on or for the Board as provided by Title 63, Chapter 30b, Utah Code
Annotated, as amended, or any successor statute.
2.72.090 Removal from Office.
Any member of the Board or the Board Advisor may be removed from office by
the Mayor, for cause,prior to the normal expiration of the term for which such member
or advisor was appointed.
2.72.100 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.
2.72.110 Members' Ethics.
Members shall be subject to and bound by the provisions of the City's Conflict of
Interest Ordinance, Chapter 2.44, Salt Lake City Code, or any successor ordinance. Any
violations of the provisions of said Chapter shall be grounds for removal from office.
2.72.120 Eligibility for Membership; Training.
A. Eligibility. To be eligible to be appointed as a member of the Board, a
person shall be at least twenty-one (21) years of age and shall be a resident of the City.
B. Training. After being appointed to the Board,but prior to functioning as
a member, each member of the Board shall receive the following training regarding the
duties of the Board and regarding police practices and procedures:
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1. A specific training course, as determined by the Police Chief and the
Mayor, regarding police practices and procedures, duties of the Board, and cultural
diversity.
2. At least one (1) three (3) hour ride along in each of the City's police
sectors.
3. Meetings with selected community groups and persons who have an
interest in police oversight, as determined by the Police Chief and the Mayor.
4. Eight (8)hours of training provided by the Internal Affairs Division.
5. A supplemental training course containing elements from items 1 through
4 above, as determined by the Police Chief and the Mayor, within thirty(30) days after
commencing the second year of the three-year term.
The Mayor shall revoke the appointment to the Board of any member who fails to
complete such training within three (3) months after such member's appointment to the
Board;provided that the Mayor may extend such training deadline if, in the Mayor's
judgment, such an extension is appropriate.
2.72.130 Meetings of Board.
A. Regular Meetings. The Board as a whole shall hold regular meetings at
least once every three (3) months.
B. Panel Meetings. Board review panels may meet as necessary to review
cases.
C. Open Meeting Law Compliance. Notice of meetings of the Board and
panels shall be provided, and records of Board and panel meetings shall be kept, as
required in the Open and Public Meetings Act, Title 52, Chapter 4, Utah Code Annotated,
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as amended, or any successor statute. The Board and panels may close a meeting if
allowed under Section 52-4-5,Utah Code Annotated, as amended,upon the affirmative
vote of two-thirds (2/3) of the members of the Board or panel present in an open meeting
for which notice is given,provided a quorum is present. When a meeting of the Board or
a panel involves the discussion of the character,professional competence, or physical or
mental health of an individual, including any police officer,privacy rights are involved,
and it is hereby recommended that the Board or panel close such meeting under the Open
and Public Meetings Act unless, in their sound discretion, they determine that such
meeting should be open to the public. Subject to the Open and Public Meetings Act, the
Board and panels shall keep written minutes of their meetings, and records of all of their
examinations and official actions.
D. Special Meetings; Notice. Special meetings of the Board or panels 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 (3)
business days prior notice of the meeting. Such notice shall be served personally or left
at the Board member's residence or business office.
E. Location of Meetings; Record of Proceedings. Meetings shall be held at
such public place as may be designated by the Board. The Board and panels shall cause
any written minutes of their proceedings to be available for inspection in the office of the
City Recorder, except with respect to matters not subject to public disclosure under the
Utah Government Records Access and Management Act, Title 63, Chapter 2,Utah Code
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Annotated, as amended, or any successor statute. The Board and panels shall record the
yea and nay votes of the Board or panel members on any action taken by them. The
Board and panels may suspend the rules of procedure for their meetings by unanimous
vote of the members of the Board or panel, as applicable, who are present at the meeting.
The Board or panel shall not suspend the rules of procedure beyond the duration of the
meeting at which the suspension of rules occurs.
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 three (3) 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. All actions of a Board
panel shall be 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.
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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 four(4) 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 in writing of the person's right, within four(4)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 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.
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),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
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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 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.
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
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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 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, Salt Lake City Code.
4. Presence of Internal Affairs Unit Investigator. 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 chief administrative officer 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
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report that summarizes the case and such investigation, and states the Administrator's
recommendations regarding the case.
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. 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 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.
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2.72.160 Outside Agency Criminal Investigations Concerning Police Use of
Force.
In cases involving the review of police officer actions by the Salt Lake County
District Attorney's Office, the Utah Attorney General's Office, or the United States
Department of Justice, the Administrator shall review the case only after the review by
such outside agency is completed, unless (a)the Board, in consultation with the
applicable outside agency, directs otherwise, and(b) if the Internal Affairs Unit
determines to commence an investigation before completion of the outside agency
review. When the review is completed, the Administrator shall have access to all
materials provided to the Internal Affairs Unit by the Salt Lake County District
Attorney's Office, the Utah Attorney General's Office, or the United States Department
of Justice.
2.72.170 Internal Affairs Unit Case File.
At the completion of an Internal Affairs Unit investigation (a) in cases in which it
is claimed that a police officer used excessive force, (b) in other cases that the Board in
its discretion has requested to review, or(c) in cases in which the Board agrees to
investigate a complaint at the request of a person pursuant to Section 2.72.150(B), a copy
of the Internal Affairs Unit case file shall be forwarded immediately to the Administrator,
who shall make it available to the Board review panel.
2.72.180 Board Review Panels.
The Board shall assign a Board review panel to review (a) each Internal Affairs
Unit case in which it is claimed that a police officer used excessive force, (b) such other
cases the Board in its discretion may request, and (c) cases the Board agrees to
investigate at the request of a person pursuant to Section 2.72.150(B). Each panel shall
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consist of five(5) randomly chosen members from the full Board. A new panel shall be
selected for each new case. The panel shall review the Administrator's report on the case
delivered to the Board pursuant to Section 2.72.150(I).
2.72.190 Board Review Panel Reports.
A. Majority Report. At the completion of a panel's review of a case
pursuant to Section 2.72.180, the panel shall prepare a report and immediately forward a
copy of that report to the Police Chief and to the Board. The panel's report shall contain,
at a minimum, recommendations concerning case disposition and any other
recommendations to the Police Chief in terms of the individual case or general practices
or policies. The report shall be filed as promptly as possible, considering the time needed
for the filing of minority reports and the Police Department's deadline for completing
internal investigations of complaints, after the panel receives the Internal Affairs Unit's
report on the case pursuant to Section 2.72.170.
B. Minority Report. If less than all of the panel members join in the report
to the Police Chief and to the Board, any member not joining in the report may file with
the Police Chief and the Board a minority report, setting forth such person's conclusions
regarding the case. Any minority report must be filed within seven(7)business days
after the filing of the majority report.
2.72.200 Communication of Case Disposition.
All reports containing a case disposition or recommended case disposition shall
contain the classifications consistent with Police Department policy: "unfounded";
"exonerated"; "no determination is possible"; and"sustained."In addition to the
classification, a definition of each term shall be included in the report. The definitions are
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as follows: (1) "unfounded": the reported complaint did not occur; (2) "exonerated": the
employee's actions were reasonable under the circumstances; (3) "no determination is
possible": there is insufficient evidence to support a conclusion as to whether or not the
employee violated policy; (4) "sustained": the employee's action(s) are in violation of
policy or procedure of the Police Department.
2.72.210 Police Department Response to Case.
Absent exigent circumstances in which the Police Chief, in his or her sole
discretion, determines that a discipline decision must be made before he or she receives a
majority and any minority reports pursuant to Section 2.72.190, the Police Chief shall
review and consider such majority and minority reports prior to making a discipline
decision in the related case. However, the decision to discipline or not to discipline an
officer, as well as the appropriate discipline, is within the sole discretion of the Police
Chief. Immediately following a decision of the Police Chief to discipline or not to
discipline a police officer for the alleged use of excessive force and in any other case the
Board has designated for review or investigation pursuant to Section 2.72.150, the Police
Chief shall submit to the Board and the Administrator a report outlining the case
disposition. If the Board disagrees with the case disposition, the Board may communicate
the disagreement to the Police Chief in written format, with a copy to the Mayor.
2.72.220 Audits By Board.
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
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with such 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.
2.72.230 Citizen Requested Review Procedure.
A. Requests for Review by Persons.
1. In General. Any person (other than a police officer who was the subject
of a complaint or a person acting on behalf of such officer) who is dissatisfied with a
decision of the Police Chief regarding a complaint filed against a police officer, may
request a review of the decision by a Board review panel. The Board may adopt rules for
establishing a standard for review and rules for creating a system of case review
prioritization.
2. Deadline for Request. The request must be filed within thirty(30) days
after the person's receipt of the determination of the Police Chief. The Board may adopt
rules for permitting late filings in extraordinary circumstances.
3. Form and Delivery of Request. A request for review, signed and dated
by the person making the request, must be filed in writing, personally or by mail, at the
office of the Administrator or at such other location as the Board may from time to time
designate.
4. Contents of Request. The request for review must include: (a) the name,
address and telephone number of the person requesting review; (b) the approximate date
the complaint was filed, if known; (c) the substance of the complaint; and(d)the reason
or reasons the complainant is dissatisfied with the Police Chief's decision.
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B. Filing False Complaints.
Any person who files a complaint against a police officer under this Section or
Section 2.72.150(B), 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. Review Procedure.
1. Administrator's Review. Consistent with Section 2.72.230(A)(1), the
Administrator shall review all requests for review. While reviewing the request for
review, the Administrator may not question witnesses, but shall have access to all records
of the Police Department regarding the incident of alleged misconduct involved. The
Police Department and the Mayor's Office shall cooperate with the Administrator so that
the Administrator obtains all necessary information and resources. The Administrator
shall comply with any City, state, or federal laws regarding privacy and confidentiality of
such records.
2. New Information. If during the investigation new information becomes
available to either the Internal Affairs Unit or the Administrator, it shall be given to the
Police Chief.
3. Administrator's Report; Reopening of Cases. Upon completion of the
review, the Administrator shall issue a report to the Board, with a copy to the Police
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Chief, concerning the perceived appropriateness of the previously issued case disposition
by the Police Chief. The Board shall appoint a panel to review the Administrator's
report. The panel must complete its review no later than seventy-five(75) days after it
receives the Administrator's report. If the panel wishes, it may request in writing that the
Police Department reopen the case. The Police Chief shall determine whether or not to
reopen the case and shall communicate this determination to the Board in writing, with a
copy to the Internal Affairs Unit. If the Board disagrees with the Police Chief s
determination, the Board may communicate its disagreement to the Police Chief in
written format, with a copy to the Mayor.
4. Board's Report. After reaching its conclusion, the Board shall file with
the complainant, the Mayor, the Police Chief, and the Internal Affairs Unit a written
report regarding the matter, including a statement as to whether or not the Police Chief
decided to reopen the case.
5. Minority Reports. If during the review process less than all of the Board
members join in reports to the Mayor, the Police Chief, or the Internal Affairs Unit, any
member not joining in the report may file with the Mayor, the Police Chief, the Internal
Affairs Unit, and the Board a minority report, setting forth such member's conclusions
regarding the case. Any minority report must be filed within seven(7)business days
after the filing of the majority report.
2.72.240 Confidentiality of Records.
Records and reports under this Chapter 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.
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2.72.250 Cooperation and Coordination.
A. In General. 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.
B. Police Department. It is recognized that the memorandum of agreement
between the City and the Salt Lake Police Association contains a deadline by which the
Police Department must notify police officers of the disposition of any internal Police
Department disciplinary investigation and of any disciplinary action to be administered.
The Police Department and the Police Chief are encouraged to complete their internal
investigations in such a manner and time that the Board and Board review panels have
sufficient time to perform their duties and issue their majority and any minority reports
prior to such deadline in the memorandum of agreement, in order to allow the Police
Chief to consider such reports prior to making a decision regarding case disposition or
discipline.
2.72.260 Board Actions Shall not Bind the Mayor or Police Chief.
The recommendations of the Board shall not be deemed to bind the Mayor and the
Police Chief in their determinations. Nothing in this Chapter shall be construed to be a
delegation of the Mayor's responsibility and authority regarding the Police Department.
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2.72.270 No Creation of Legal Standard or Third Party Rights
Nothing in this Chapter shall create any legal standard regarding conduct by the
City, the Board, the Administrator, or the Police Department,nor create any third party
rights whatsoever, except as specifically provided in this Chapter.
2.72.280 Publicizing of Investigation and Review Procedures.
The Police Department and the Mayor's Office shall publicize (a) that the Board
investigates all Internal Affairs Unit investigations in which it is claimed that a police
officer used excessive force, and such other investigations as the Board in its discretion
may request, (b) the availability of the citizen requested investigation procedure
described in Section 2.72.150(B), and(c) the availability of the citizen requested review
procedure described in Section 2.72.230, and shall educate the public regarding where
and when to file requests for review or investigation. In order to publicize the review and
investigation procedures, 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,
within budgeted appropriations.
SECTION 2. That Section 2.08.090 of the Salt Lake City Code, relating to the
Police Department, be, and the same hereby is, amended as follows:
2.08.090 Police Department:
A. Functions: The Police Department by and through its sworn officers, shall
be responsible for preserving the public peace,preventing crime, detecting and arresting
criminal offenders,protecting the rights of persons and property, regulating and
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controlling motorized and pedestrian traffic, training sworn personnel, and providing and
maintaining police records and communications systems.
B. Duties: The Chief of the Police Department shall be the appointing power
and have command over all the officers, members and employees in the department. It
shall be the duty of the Chief, subject to the approval of the mayor, to make and adopt
such rules and regulations for the operation and administration of the department, as in
the Chiefs judgment, shall be necessary for the good of the service.
C. Early Warning System: The Chief of the Police Department, taking into
account the recommendations of the Civilian Review Board and the Civilian Review
Board's Administrator pursuant to Chapter 2.72, shall develop an early warning system
whereby the Police Department administration shall be notified by the Police
Department's Internal Affairs Unit if a police officer has exhibited a pattern of generating
complaints with the Internal Affairs Unit. This early warning system shall be activated
regardless of the subsequent disposition of such complaint. When the early warning
system is activated for a particular police officer, the Chief of Police shall review the
circumstances and, where appropriate in his or her judgment, require such officer to
receive counseling, testing, or training. The Police Department shall document the
pattern of behavior of the police officer, the review by the Chief of Police, and the
assigned counseling, testing, or training of such officer.
SECTION 3. That this ordinance shall take effect immediately upon the date of
its first publication.
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Ay, it
Passed by the City Council of Salt Lake City,Utah this gth day of
July , 2003.
CHAIRPERS
ATTEST:
•
CHIEF DEPUTY Y CORDER
Transmitted to Mayor on July 9, 2003
Mayor's Action: K Approved. Vetoed.
YOR
•
CHIEF DEPUTY RE ORDER
i.}"\;14(E LiT). 4.0* APPROVED AS TO FORM
i A •� 440 Salt Lake City Attorneys Office
(SEAL) rsa '4, Date ?— i— U 3
Bill No. 52 of .k15;:,q :
Published: J 1 21
G:\Ordina03\Amending 2.72 Police Civilian Review Board-clean 7-9-03.doc
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