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Re: Civilian Review June 7, 2005 Page 4 Bo Complaint intake As we understand the Police Commission's model, both the Internal Affairs Division and the auditor's office would accept and process complaints from community members and police personnel. The auditor would screen complaints and conduct a preliminary investigation to determine which cases should be reviewed by the CRB before adjudication. Criteria must be developed for determining which allegations of misconduct would be investigated and adjudicated internally and which ones would be reviewed by the CRB before adjudication ("community impact" cases). In our view, investigation and adjudication of complaints or concerns about an officer's performance that do not involve interaction with the community (such as timeliness to work and effective report writing) should remain internal to the department and should be handled initially by the immediate supervisor. The auditor should focus its efforts on complaints that have an impact on the Department's interactions with the community, such as complaints of excessive force, discrimination or misuse of position. The auditor would recommend whether the complaint is investigated by a supervisor or by the Internal Affairs Decision, or the auditor could recommend that an outside investigator be appointed. Such a recommendation should be based on pre-established criteria adopted by the Department based on the nature of the complaint. Final authority for assigning an investigation would remain with the Police Chiefi C. Investigations The auditor would monitor ongoing internal affairs investigations for thoroughness and objectivity. The investigations themselves, however, should be conducted by the supervisor or by the Internal Affairs Division, depending on pre-established criteria adopted by the Police Department. The auditor may recommend that an outside entity conduct the investigation, but the final decision should remain with the Police Chief. We do not recommend expanding the auditor's role to allow the auditor to require an outside investigation. Such an expanded role could jeopardize the supervisor status of sergeants and lieutenants under PECBA and federal law. The Fair Labor Standards Act (FLSA) requires that supervisors participate fully in the adjudication of complaints and the imposition of discipline in order to remain exempt from overtime. The Public Employees Collective Bargaining Act (PECBA) requires a similar level of involvement in order for sergeants and lieutenants to be "supervisors" and thus remain outside of the bargaining unit. Deschutes County Sheriff's ~4ssociation v. Deschutes County, 16 PECBR 328 (1996). The auditor may observe or participate in interviews which are part of the internal