Item B: Police Auditor Ordinance Review Report

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(j) Determine whether applicants for the civilian review board meet the requisite qualifications in section 2.242(1)(a)1. and 2.242(1)(d). (2) The police auditor shall receive timely notification of critical incidents to enable him/her, or a qualified designee, to report to the scene of critical incidents. The police auditor and chief of police shall develop necessary protocols for summoning the police auditor to the incident for purposes of first-hand observation. (3) The police auditor shall participate in use of force review boards. (4) All case adjudication and employee discipline decisions shall be made by the chief of police. The police auditor may develop adjudication recommendations, but is not authorized to recommend the level of discipline for police employees. (5) Except as provided in this subsection (5), the auditor shall treat an allegation against the police chief the same as a complaint against a police employee. For purposes of this subsection, an “allegation” is a report or claim that the police chief has committed a crime, violated any provision of EC 2.240 to 2.246 or 2.450 to 2.456, violated a person’s civil rights, or failed to perform the police chief’s duties in accordance with applicable professional law enforcement standards, including those duties normally associated with sworn officers. (a) If the auditor receives an allegation against the police chief, the auditor shall notify the city manager and shall classify the allegation and determine whether further investigation is necessary in order to ascertain material facts concerning the allegation. (b) If the auditor determines that further investigation is necessary, the auditor shall refer the allegation to the city manager, who shall conduct or arrange for an investigation in a timely fashion on terms that allow the auditor to actively monitor the investigation to the same extent as provided in EC 2.456 (2)(d) and (e) for investigations of other complaints. (c) The city manager shall inform the auditor of the city manager’s decision on the allegation and provide a written rationale for the decision in a timely fashion. [Amendment #10: “The definition for ‘police employee’ shall include the Police Chief by adding ‘including the Chief who answers to the City Manager.’] (Section 2.454 added by Ordinance No. 20374, enacted December 13, 2006, effective January 12, 2007.) 2.456 Office of Police Auditor – Complaint Processing. (1) Complaint intake.