Item A: Police Oversight System - Roles and Expectations

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Police Complaint System and Civilian Oversight Recommendations 3) Unfounded. :The claim is unsubstantiatedIt wasdetermined by a preponderance of the evidence that the employee(s)involved did not engage in the behavior as alleged by the complainant. 2 4) Within Policy : It was determined, by a preponderance of the evidence, that the behavior of the employee(s) involved did occur but was consistent with EPD policies, rules, practices and/or procedures. 5) Mediated :During the process of an investigation, it was determined that the case would likely be more successfully resolved through mediation; all parties agreed to mediate the complaint and the mediation process was completed. 6) Inactive :The investigation cannot proceed forward without additional information. The investigation may be reactivated upon the discovery of new, substantive information or evidence. 7)Administratively Closed: The investigation is closed prior to reaching a conclusion. For instance, the complainant does not provide the information needed or refuses to cooperate with the investigation. Systemic Review One of the primary strengths of the auditor modelas proposed is to afford additional analytical capacity that is not merely focused on individual complaints but strives towards systemic evaluation of the complaint process and departmental practices in general. In furtherance of this objective, the commission recommends that the auditor: be summoned to the scene of critical incidents to enable first-hand knowledge of high o profile events should a complaint ensue; participate in deadly force review boards (contingent on the result of SB301) o review risk/tort claims and develop risk/liability reduction plans o The City Manager’s contracted annual audit of closed internal affairs investigations would no longer be necessary if the auditor model proposed is implemented. The commission has found through its research that the ability to influence police policy is one of the strongest accountability measures. Whilethis authority may be vested in either the auditor’s office or the review board, experience nationally has indicated that the volume of complaint investigations tends to diminish thecapacity to conduct thorough policy reviews. As such, the Police Commission recommends that it is retained as the department’s policy review body and that the auditor is charged with reporting any policy issues to the commission. The auditor’s office will also develop an annual report of its workload, case handling and investigative recommendations and suggestions for procedural improvements. The report may also evaluate discipline decisions for consistency across personnel and relevant to specific violations. The annual report should highlight any situations where the auditor recommended actions that were not supported by the Chief of Police and how those disagreements were resolved. The annual report should also enable both the review board and City Council to assess the performance of the auditor’s office to ensure that it is functioning as intended. 2 Replaces “Exonerated” 19