Item B: Update on Implementation of Measure 20-106

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Police COfT!.P..~~!~_! System and Civilian OVE:E.~ig~t Recommendati?~? o Whenever possible, the department w11l encourage the complainant to contact the person directly involved in the incident to participate in the investigation to verif)'/clarify and provide additional information relevant to the complaint. o Intake personnel have a responsibility to advise complainants of the availability of advocates, particularly in cases where juveniles or other vulnerable populations may be involved in a fonnal investigative process. The actual role of advocates should be addressed as part of the redesign of the mediation program. Requesting Sworn Statem~nJ!i One of the objectives of the redesigned intake process is to encourage honest feedback from community members about police employee performance and quickly correct misconduct once identified. The commission recognizes that malicious complaints do occur, and that these often result in serious personal and professional hardship to involved officers. Spurious complaints also take a toll on agency resources and employee morale. However, it is also recognized that requiring all complainants to sign a sworn statement. attesting to the truthfulness of their complaint could be perceived as an obstacle to accessing the complaint syst.em and act as a deterrent in reporting actual police misconduct. The following recommendations attempt to balance values around enhancing the accessibility and safety of the complaint intake process with setting a clear expectation for truthfulness and accountability for all: o Sworn statements 'will not be required as part of the complaint intake process. o If upon revie\v ofthe complaint, it is detenuined that criminal behavior is alleged and the allegation passes an initial credibility test to warrant further investigation, a signed statement from the complainant will be taken during a follow-up interview. o The statement developed should use language that is neutral and non~threatening. o Any requirement for a sworn statement should be clearly articulated in all public information on the complaint process and described in a way that is factual and encouraging of pmiicipation. o All cases where s\vorn statements are collected will be documented for review and trends analysis. o Refusal to sign a sworn statement will not be the sole basis for discontinuing an. investigation. ~omplaint Dismissal A more fbrmatized process for when complaints can be dismissed may alleviate community concerns that complaint.s are not being handled consistently or fairly and will help standardize procedures. The following are guidelines to be refine,d at a later date for situations where complaints could be dismissed so that procedures are dear to the public and intake and investigation resources are used wisely. It should be noted that these procedures indicate areas where complaints may be justifiably dismissed, but do not limit the auditor's discretion in making such decisions. o DOC1IDlent aU complaints received and if dismissed, why they were dismissed. 14