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Item B: Police Auditor Report
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Item B: Police Auditor Report
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6/9/2010 1:15:22 PM
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11/9/2006 10:16:14 AM
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Agenda Item Summary
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11/13/2006
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<br />Mediation: A voluntary, confidential complaint resolution option that is an alternative to the <br />investigation, adjudication, and disciplinary process. It is a structured process guided by a neutral, third-party, <br />professionally-trained med\ator enabling direct communication between the complainant and employee. . <br /> <br />Community impact case - A complaint involving sworn police officer(s) that alleges excessive force, bias, <br />. disparate treatment or violation of constitutional rights, which the Police Auditor determines should be <br />reviewed by the Civilian Review Board in accordance with section 13 c) and d). <br /> <br />Substantial evidence - Evidence that, considering the record as a whole, a reasonable person would rely upon <br />to conclude that something is true. For purposes of Section 13( d), an adjudication is supported by substantial <br />evidence when the Civilian Review Board reasonably could reach the same finding after considering all the <br />evidence in the record, whether or not the Board actually agrees with the adjudication. <br /> <br />Immediate family member - A person's spouse or domestic ,partner; a parent, step-parent, grandparent, child, <br />stepchild, grandchild, sibling, half-sibling or step-SIbling of the person or the person's spouse or domestic <br />partner. <br /> <br />Preliminary investigation - As used in section 1 O(b), an initial inquiry by the Police Auditor 9r the Auditor's <br />designee into the facts and circumstances of a complaint for purposes of deciding how to classify and route the <br />complaint. <br /> <br />Internal Affairs - The police employees designated by the Chief of Police to investigate allegations of <br />misconduct against police employees. <br /> <br />4. Independence of Office <br /> <br />Any findings, recommendations and actions'taken shall reflect the police auditor's independent judgment. <br />No person shall use his/her political or administrative position to attempt to unduly influence or undermine <br />the independence of the police auditor, or his/her staff or agent, in the performance of the his/her duties <br />and responsibilities. <br /> <br />5. Office Facilities and Budget <br /> <br />a) The City Manager shall include in his/her recommended budget an allocation sufficient for the <br />operations of the Auditor's Office. <br /> <br />b) The physical location of the Auditor's Office shall be separate from the Police Department but in close <br />proximity so as to facilitate a close working relationship with others involved in the complaint <br />investigation process, and easily accessible to the public. <br /> <br />6. Civilian Review Board Established <br /> <br />There is hereby established a Civilian Review Board not to exceed seven members whose goal shall be to <br />increase the transparency of, and public confidence in, the police complaint process. In general, the <br />Civilian Review Board oversees and evaluates the work of the independent police auditor, and may review <br />completed complaint investigations involving sworn police employees to provide comment, from a civilian <br />perspective, about whe~her the complaint was handled 'fairly and with due diligence. <br /> <br />7. Council Role <br />a) The City Council is authorized to hire, supervise and specify the salary of an independent police auditor. <br /> <br />2 <br />
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