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Item B: Police Auditor Ordinance Review Report
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Item B: Police Auditor Ordinance Review Report
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6/9/2010 1:15:11 PM
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3/6/2009 10:30:52 AM
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Agenda Item Summary
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3/9/2009
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THIS SHOULD INCLUDE LANGUAGE SPECIFYING THAT THE AUDITOR <br />SELECTS THE SERVICE COMPLAINTS THAT WILL BE REVIEWED, NOT THE <br />EPD. <br />```````````````````````````````````````````````````````````````````````````````````````````````````````````` <br />`````````````````````````````````````````````````````````````````````````````````````````` <br />RECOMMENDED REVISION; Except as provided in this subsection (5), the <br />auditor shall treat <br />an allegation against the police chief the same as a complaint <br />against a police employee. For purposes of this subsection, an <br />“allegation” is a report or claim that the police chief has <br />committed a crime, violated any provision of EC 2.240 to 2.246 <br />or 2.450 to 2.456, violated a person’s civil rights, or failed to <br />perform the police chief’s duties in accordance with applicable <br />professional law enforcement standards, including those <br />standards and rules applicable to a sworn officer. <br />(a) If the auditor receives an allegation against the police chief, <br />the auditor shall notify the city manager and shall classify the <br />allegation and determine whether further investigation is <br />necessary in order to ascertain material facts concerning the <br />allegation. <br />((b) If the auditor determines that further investigation is <br />necessary, the auditor shall refer the allegation to the city <br />manager, who shall conduct or arrange for an investigation <br />on terms that allow the auditor to actively monitor the <br />investigation to the same extent as provided in EC 2.456 <br />(2)(d) and (e) for investigations of other complaints. <br />[Amendment #10: “The definition for ‘police <br />employee’ shall include the Police Chief by adding <br />‘including the Chief who answers to the City <br />Manager.’] <br />BOY IS THIS CONVOLUTED. BUT ALL THE EXTRA WORDS DO NOT HIDE <br />THE FACT THAT THE OUTCOME IS A SHIFTING OF AUTHORITY FROM <br />THE AUDITOR TO THE MANAGER. YOU CAN JUST EDIT OUT EVERYTHING <br />BEYOND; <br /> "5), the auditor shall treat <br />an allegation against the police chief the same as a complaint <br />against a police employee.' <br />DO YOU KNOW WHY THE ALLEGATIONS AGAINST THE CHIEF ARE SO <br />SPECIFICALLY DEFINED IN THE LAWYERS RECOMMENDED LANGUAGE? <br /> <br />
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