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HomeMy WebLinkAboutUse of Force PresentationOfficer Involved Shooting (OIS) Next Steps January 28, 2019 Post District Attorney Decision – Next Steps •EPD receives the criminal investigative file conducted by the IDFIT (Interagency Deadly Force Investigation Team) from the District Attorney’s Office which conducted a criminal investigation (did the officers commit any crimes). •EPD Internal Affairs Section (IA) conducts an administrative investigation to determine whether the officer(s) committed any policy violations; monitored by the Police Auditor’s Office. •IA usually does little additional investigation if the IDFIT investigation is thorough and complete. Next Steps •After completion of the criminal and administrative investigations, the Chief of Police creates a Use of Force Review Board (UFRB) for the purpose of determining whether or not the actions of the employee(s) were consistent with department policies. The UFRB meets and discusses the case with Auditor’s Office participating. The Auditor’s Office is a non-voting member of the UFRB. •Within 30 days after the determination by the Board as to whether policies were followed, the UFRB Chairperson will complete a report and recommendations. The Chief make the final determination regarding compliance with policy, training issues, tactics. •Auditor’s Office may also provide recommendations to the Chief. •Civilian Review Board (CRB) role: The CRB may choose to review the completed case file at a regularly scheduled meeting. •They review the quality of the investigation, quality of the work of the Auditor’s Office, training or policy recommendations and the final adjudication decisions (whether the officers violated EPD policies). Community Impact Cases •Investigation involving sworn police personnel that alleges excessive force, bias, disparate treatment of violation of constitutional rights, which the auditor determines should be reviewed by the CRB as a community impact case. •If selected by the Auditor, the CRB will review a summary of the complaint and investigation and may decide whether they will accept it as a community impact case by majority vote. If so, Chief, employees and complainant are notified. •Police Auditor monitors and reviews investigation. •Upon completion of the investigation and preliminary adjudication decision by the Chief, the auditor will provide the investigation to the CRB for review. •Within 14 days of receiving the case, the CRB will meet to discuss and present its determinations on the case, including whether they agree with the Chief’s preliminary adjudication decision(s). Community Impact Case •Within 30 days, the CRB will do one or more of the following: •Concur with the EPD adjudication. •Develop recommendations on handling of the complaint and investigation, and/or identify policy or procedural issues. •Require the City to reopen the administrative investigation if it finds either: •The investigation was incomplete or inadequate, and the CRB has a reasonable basis to believe that additional investigation is likely to reveal facts that could affect the case outcome; or •The adjudication reached is not supported by substantial evidence. •If the Board voted to reopen a community impact case, the Auditor shall inform the CRB of the subsequent investigation conducted and the final adjudication decision.