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2.454(5) Except as provided in this subsection (5), the auditor Want to Except as provided in this subsection (5), the Except as provided in this subsection (5), the auditor shall treat an allegation against the police chief the Discuss auditor shall treat an allegation against the police shall treat an allegation against the police chief the same as a complaint against a police employee. For More chief the same as a complaint against a police same as a complaint against a police employee. For purposes of this subsection, an “allegation” is a report employee. For purposes of this subsection, an purposes of this subsection, an “allegation” is a report or or claim that the police chief has committed a crime, “allegation” is a report or claim that the police chief claim that the police chief has committed a crime, violated any provision of EC 2.240 to 2.246 or 2.450 to has committed a crime, violated any provision of 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 EC 2.240 to 2.246 or 2.450 to 2.456, violated a 2.456, violated a person’s civil rights, or failed to perform the police chief’s duties in accordance with person’s civil rights, or failed to perform the police perform the police chief’s duties in accordance with applicable professional law enforcement standards, chief’s duties in accordance with applicable applicable professional law enforcement standards, including those duties normally associated with sworn professional law enforcement standards, including including those duties normally associated with officers. those duties normally associated with sworn applicable to sworn officers. officers. (a) If the auditor receives an allegation against the If the auditor receives an allegation against the police chief, police chief, the auditor shall notify the city manager If the auditor receives an allegation against the police the auditor shall forward a copy of the allegation to the city and shall classify the allegation and determine chief, the auditor shall forward a copy of the allegation manager. The city manager shall notify the council, and whether further investigation is necessary in order to to the city manager. The city manager shall notify the investigate the allegation. The manager shall keep the auditor ascertain material facts concerning the allegation. council, and investigate the allegation. The manager informed of the progress of the investigation. Upon shall keep the auditor informed of the progress of the completion of the investigation, but prior to the finalization of (b) If the auditor determines that further investigation. Upon completion of the investigation, but the investigation report, the city manager shall provide the investigation is necessary, the auditor shall refer the prior to the finalization of the investigation report, the auditor with a draft of the report. The auditor shall review the allegation to the city manager, who shall conduct or city manager shall provide the auditor with a draft of the draft report and provide comments about the draft to the arrange for an investigation in a timely fashion on report. The auditor shall review the draft report and manager within 7 days of receiving the draft. The manager terms that allow the auditor to actively monitor the provide comments about the draft to the manager within shall consider any comments received from the auditor and investigation to the same extent as provided in EC 7 days of receiving the draft. The manager shall finalize the report within 7 days. Once the city manager 2.456 (2)(d) and (e) for investigations of other consider any comments received from the auditor and issues a decision on the allegation, the manager shall inform complaints. finalize the report within 7 days. Once the city manager the council of the manager’s decision related to the allegation. issues a decision on the allegation, the manager shall (c) The city manager shall inform the auditor of the inform the council of the manager’s decision related to city manager’s decision on the allegation and provide the allegation. a written rationale for the decision in a timely fashion. If the city receives a claim for damages that alleges 2.456(1)(c) Auditor to review OK that a police employee caused the damage, a copy of risk management the claim shall be forwarded to the auditor’s office for claims a determination as to whether the claim should also be classified and processed as a complaint. The auditor’s office conducts the preliminary The auditor has exclusive authority to classify and The auditor has exclusive authority to classify, and route 2.456(1)(d) Auditor’s authority Want to investigation of all complaints lodged with the auditor’s route complaints as well as to reclassify complaints complaints as well as to and reclassify complaints. if, to classify and route Discuss office or internal affairs to appropriately classify and if, upon further investigation and receipt of The auditor may reclassify a complaint if upon further complaints More route the complaint and any accompanying additional information that was not available at the investigation and receipt of additional information that information accordingly. The auditor has exclusive time of intake, but before the completion of the was not available at the time of intake, but before the authority to classify and route complaints as well as to investigation, the Auditor finds reclassification is completion of the investigation, the Auditor finds reclassify complaints if, upon further investigation and warranted. reclassification is warranted. receipt of additional information that was not available at the time of intake, the Auditor finds reclassification is warranted. - 2 -