Item 2: Ordinance on Police Auditor Recommendations

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(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 sections 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 subsections (2)(d) and (2)(e) of section 2.456 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. 2.456 Office of Police Auditor – Complaint Processing. (1) Complaint intake. (a) Any person may lodge a complaint or commendation with the auditor’s office about the conduct of, or services provided by, a city police employee; (b) The auditor’s office is the intake center for all community complaints about police employees. City employees may choose to lodge complaints against another employee through either internal affairs or the auditor’s office. The auditor’s office shall document all contacts and complaints received from any source. The auditor’s office may refer a complainant to another department in the city or another agency that would be more appropriate to address the complaint. (c) If the city receives a claim for damages that alleges that a police employee caused the damage, a copy of the claim shall be forwarded to the auditor’s office for a determination as to whether the claim should also be classified and processed as a complaint. (d) The auditor’s office conducts the preliminary investigation of all complaints lodged with the auditor’s office or internal affairs to appropriately classify and route the complaint and any accompanying information accordingly. The auditor has exclusive authority to classify and route complaints as well as to reclassify complaints if, upon further investigation and receipt of additional Ordinance - Page 4 of 8