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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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```````````````````````````````````````````````````````````````````````````````````````````````````````````` <br />```````````````````````````````````````````````````````````````````` <br />RECOMMENDED REVISION; (c) After consultation with the chief of police and <br />the <br />appropriate prosecutor, the auditor is authorized to require <br />an administrative investigation to proceed concurrently with <br />a related criminal investigation and prosecution. <br />[Amendment #4: “Administrative investigations shall proceed <br />concurrently with any related criminal investigation; <br />administrative investigations shall not be suspended, <br />delayed or postponed, while criminal proceedings involving <br />complainants and witnesses are resolved.] <br />I LOOKED UP CONSULTATION AND IT IS "A MEETING WHERE ADVICE, <br />AND OR POINT OF VIEWS ARE EXCHANGED." IF THAT IS THE INTENT, <br />AND THERE IS NO <br />BINDING EFFECT ON THE AUDITOR'S DISCRETION -THEN THERE IS STILL <br />THE PROBLEM THAT THE DA AND CHIEF COULD THWART THE AUDITOR <br />BY REFUSING TO MEET OR REFUSING TO DISCUSS THE CASE. WHICH IS <br />NOT SUCH A FAR-FETCHED PROBLEM BECAUSE IT ALREADY HAPPENED. <br />I WOULD PHRASE IT SO THAT AS LONG AS THE AUDITOR PROVIDES THE <br />OPPORTUNITY TO CONULT WITH THE PROSECUTOR AND DA, THE <br />AUDITOR CAN THEN REQUIRE THE INVESTIGATION TO PROCEED. <br />`````````````````````````````````````````````````````````````````````````````````````````````````````` <br />RECOMMENDED REVISION; (fc) The police auditor will not be directly involved <br />in any <br />criminal investigations, but shall be kept apprised of the <br />status of such investigations involving police employees. <br />The police auditor shall have access to the case file <br />relevant to the administrative portion of such investigations. <br />DELETED SECTION; Following the conclusion of any criminal investigation or <br />within 60 days after the date of the incident, the auditor has <br />the authority to initiate an internal investigation unless the <br />police auditor receives written notice from the District <br />Attorney, United States Attorney, or City Prosecutor that <br />the internal investigation would jeopardize the criminal <br />investigation and prosecution. <br />[This deletion makes the subsection consistent with <br />subsection(c) of this section as amended.] <br /> <br />
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