Loading...
019 of 2004 - Relating to the Police Civilian Review Board 0 04-1 0 04-6 SALT LAKE CITY ORDINANCE No. 19 of 2004 (Police Civilian Review Board) AN ORDINANCE AMENDING CERTAIN SECTIONS OF 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 Section 2.72.080 of the Salt Lake City Code,relating to the Police Civilian Review Board,be, and the same hereby is, amended as follows: 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 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. SECTION 2. That Section 2.72.120 of the Salt Lake City Code,relating to the Police Civilian Review Board,be, and the same hereby is, amended as follows: 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: 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. Two (2)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 six(6)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. SECTION 3. That Section 2.72.150 of the Salt Lake City Code,relating to the Police Civilian Review Board,be, and the same hereby is,amended as follows: 2 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 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 orally or 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. 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. 3 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), 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 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 4 • 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 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. Except as provided in subsection (F)(1),the Administrator shall have no contact with any witness or accused 5 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 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. 6 K. Administrator's Attendance at Pre-disciplinary Hearings.The Administrator may attend the pre-disciplinary hearing of a police officer who is the subject of the Administrator's report under subsection(I).If,after attending the pre- disciplinary 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 pre-disciplinary 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. SECTION 4. That Section 2.72.190 of the Salt Lake City Code,relating to the Police Civilian Review Board,be,and the same hereby is,amended as follows: 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.The panel's report shall contain,at a minimum, recommendations concerning case disposition and any other recommendations to the Police Chief in teens 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 7 minority reports and the Police Department's deadline for completing its final r determination regarding complaints, after the Administrator receives the Internal Affairs Unit's case file on the case pursuant to Section 2.72.170,but in all cases at least ten(10) business days before the police officer's pre-disciplinary hearing. After attending the pre- disciplinary hearing,the Administrator may submit to the panel a second report containing a recommendation different than the Administrator's initial recommendation. If, after reviewing the Administrator's second report,the panel decides to prepare a second majority report that contains a recommendation less favorable to the police officer,the panel shall submit that second majority report to the Police Chief not less than five (5)business days after receiving the Administrator's second report. B. Minority Report. If less than all of the panel members join in either an initial or second a majority report described in subsection(A), any member not joining in the majority report may file with the Police Chief a minority report, setting forth such person's conclusions regarding the case. Any minority report must be filed within five (5)business days after the filing of the majority report. SECTION 5. That Section 2.72.200 of the Salt Lake City Code, relating to the Police Civilian Review Board,be, and the same hereby is, amended as follows: 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 as follows: (1) "unfounded": the reported incident did not occur; (2) "exonerated": the 8 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. SECTION 6. That Section 2.72.230 of the Salt Lake City Code,relating to the Police Civilian Review Board,be, and the same hereby is,repealed. SECTION 7. That Section 2.72.240 of the Salt Lake City Code,relating to the Police Civilian Review Board,be, and the same hereby is, amended as follows: 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. SECTION 8. That Section 2.72.250 of the Salt Lake City Code,relating to the Police Civilian Review Board,be, and the same hereby is, amended as follows: 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 9 • 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. SECTION 9. That Section 2.72.260 of the Salt Lake City Code,relating to the Police Civilian Review Board,be, and the same hereby is, amended as follows: 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. SECTION 10. That Section 2.72.270 of the Salt Lake City Code,relating to the Police Civilian Review Board,be, and the same hereby is, amended as follows: 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. SECTION 11. That Section 2.72.280 of the Salt Lake City Code,relating to the Police Civilian Review Board,be, and the same hereby is,amended as follows: 10 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, and (b)the availability of the citizen requested investigation procedure described in Section 2.72.150(B), 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 12. That this ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City,Utah this 13th day of April ,2004. CHAIRPERSON ATTEST: Latt.t.\_0 APPROVED AS TO FORM CHIEF DEPUTY CITY RECORDER Salt Lake City Attorney's Office Date 2 — -o'f By Transmitted to Mayor on April 13, 2004 . Mayor's Action: Approved. Vetoed. YOR CHIEF DEPUTY CI RECORDER (SEAL) A kk, Bill No. 19 of 2004. `rt � r��v Published: April 22, 2004 • ��`� RA1 G:\Ordina04\Amending 2.72 Police Civilian Review Board-2-19-04 clean.doe 12