Item 4: Police Auditor Ordinance Revisions

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supervisor’s recommendation, his/her disagreements and comments will be documented and forwarded to the chief of police as well. The immediate supervisor and police auditor will use their best efforts to complete this process in a timely manner and without unreasonably delaying the final adjudication of the case. If the investigation reveals evidence of criminal conduct not previously known, the auditor may refer the matter to the appropriate criminal prosecutor for his/her consideration. (he) The auditor’s office will make every reasonable effort to notify the complainant that an investigation has been conducted, summarize the case findings, and provide an opportunity for the complainant to comment or ask questions about the process. (if) The auditor’s office shall return all case file materials to internal affairs for retention, but shall have subsequent access to closed cases. (jg) The police auditor shall maintain an on-going status report on the work of the auditor’s office and case investigations and shall share it with the civilian review board. (3) Access to Records and Materials. (a) Except to the extent that a specified state or federal law provides to the contrary, or where information resides on a restricted database governed by a contract that does not allow access beyond certain law enforcement employees: 1. The auditor shall have complete and unrestricted access to all complaints, investigative records and information obtained or developed by the internal affairs investigator related to an administrative investigation of a complaint, whether the information exists in electronic format or hard copy, including information stored on an internal affairs database; 2. The auditor shall be provided any other information identified by the auditor that is relevant to a complaint; and 3. The identity of any individual involved in an event giving rise to a complaint shall not be withheld from the auditor. (b) When legally required or requested by the chief of police, the auditor shall keep confidential the name of any such individual involved in a complaint and other information leading to the name of the individual. [ The police auditor shall have complete and unrestricted access to all complaint and investigative records and materials, and any other information necessary for the performance of his/her specified duties.] (c) Except as [As] provided in section 2.456(2)(fd), the police auditor shall not have access to a criminal investigation file until the conclusion of any such criminal investigation. Ordinance - Page 7 of 8