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(5) Except as provided in this subsection (5), the auditor shall treat an <br />allegation against the police chief the same as a complaint against <br />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 sections 2.240 to <br />2.246 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 duties <br />normally associated with sworn officers. <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 in <br />a timely fashion on terms that allow the auditor to actively <br />monitor the investigation to the same extent as provided in <br />subsections (2)(d) and (2)(e) of section 2.456 for <br />investigations of other complaints. <br />(c) The city manager shall inform the auditor of the city <br />manager’s decision on the allegation and provide a written <br />rationale for the decision in a timely fashion. <br /> <br />2.456 Office of Police Auditor – Complaint Processing. <br />(1) <br /> Complaint intake. <br />(a) Any person may lodge a complaint or commendation with the <br />auditor’s office about the conduct of, or services provided by, a <br />city police employee; <br />(b) The auditor’s office is the intake center for all community <br />complaints about police employees. City employees may choose <br />to lodge complaints against another employee through either <br />internal affairs or the auditor’s office. The auditor’s office shall <br />document all contacts and complaints received from any source. <br />The auditor’s office may refer a complainant to another <br />department in the city or another agency that would be more <br />appropriate to address the complaint. <br />(c) If the city receives a claim for damages that alleges that a <br />police employee caused the damage, a copy of the claim <br />shall be forwarded to the auditor’s office for a determination <br />as to whether the claim should also be classified and <br />processed as a complaint. <br /> (dc) The auditor’s office conducts the preliminary investigation of all <br />complaints lodged with the auditor’s office or internal affairs to <br />appropriately classify and route the complaint and any <br />Ordinance - Page 4 of 8 <br />