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Item A: Amendments to Ordinance on Police Auditor and CRB
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Item A: Amendments to Ordinance on Police Auditor and CRB
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11/14/2008 11:35:24 AM
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11/17/2008
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(2) <br /> Complaint Investigations. <br />(a) Administrative and criminal investigations of complaints shall <br />not commence until after the auditor has received, classified <br />and routed the complaint. The investigation shall commence <br />upon classification or as soon as possible after classification. <br /> Comment <br />[: This implements Amendment #2.] <br />(b) An administrative investigation shall proceed concurrently with <br />any related criminal investigation. No administrative <br />investigation shall be suspended, delayed or postponed <br />because a related criminal proceeding involving a complainant <br />or witness has not been resolved. <br /> Comment <br />[: This implements Amendment #4.] <br />(c) The police auditor shall actively monitor administrative <br />Deleted: <br />internal <br />investigations to ensure a thorough, objective, and timely <br />investigation, and is authorized to: <br />1. Participate in complainant, employee and witness <br />interviews; <br />2. Require the city to undertake additional investigation. <br />(d) The police auditor may require, and is authorized to contract <br />Deleted: <br />b <br />for, an external investigation when the police auditor <br />determines that an external investigation is appropriate. <br />(e) The police auditor will not be directly involved in any criminal <br />Deleted: <br />c <br />investigations, except to the extent that an action – such as an <br />interview – is intended to further both the criminal <br />investigation and administrative investigation. In such a <br />situation, the auditor may actively monitor the administrative <br />investigation as provided in paragraph (c) above even if that <br />results, for example, in the auditor’s participation in an <br />interview that is conducted as part of both a criminal <br />investigation and administrative investigation. The auditor <br />Deleted: <br />but <br />shall be kept apprised of the status of criminal investigations <br />Deleted: <br />such <br />involving police employees. The police auditor shall have <br />access to the case file relevant to the administrative portion of <br />such investigations. <br />Deleted: <br />Following the conclusion of <br />any criminal investigation or within 60 <br /> Comment <br />[: This implements Amendments #4 and 12.] <br />days after the date of the incident, the <br />(f) All case files shall be provided to the police auditor upon <br />auditor has the authority to initiate an <br />internal investigation unless the police <br />conclusion of the investigation for review and a determination <br />auditor receives written notice from <br />that the investigation was thorough and complete. Once the <br />the District Attorney, United States <br />Attorney, or City Prosecutor that the <br />investigation is deemed complete, the involved employee’s <br />internal investigation would <br />immediate supervisor will confer with the police auditor and <br />jeopardize the criminal investigation <br />and prosecution. <br />develop a case adjudication recommendation that will be <br />Deleted: <br />d <br />forwarded through the chain of command to the chief of police <br />for final adjudication. If the police auditor disagrees with the <br />supervisor’s recommendation, his/her disagreements and <br />comments will be documented and forwarded to the chief of <br />police as well. The immediate supervisor and police auditor <br />Ordinance - Page 7 of 9 <br /> <br />
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