TITLE 21. MISCELLANEOUS
CHAPTER 21-1200. POLICE ADVISORY BOARD.
§21-1204. Powers and Duties of Board.
(1) The Board shall advise the Managing Director and the
Police Commissioner on policies and actions of the Police Department with the
purpose of improving the ability of police personnel to carry out their duties,
and to improve the relationship between the Police Department and the community.
To this end the Board shall have full discretion to select appropriate
individual incidents to investigate and broader issues to study which may be of
concern to the community, the Police Department or the Police Commissioner;
provided, however, that the Board shall, to the extent possible, minimize any
duplication of effort between the Board and any other existing agencies which
have jurisdiction over the same matter. The Board, the Managing Director, the
Police Commissioner, and other responsible officials shall ensure that all such
agencies cooperate to the greatest extent possible in the performance of their
respective activities, investigations, and operations. Such studies and
investigations may be initiated upon complaint to the Board by any member of the
public, the Police Department, or at the Board's own discretion; provided,
however, that the Board shall not investigate specific complaints of verbal
abuse, except those complaints involving language related to race, ethnicity,
religion, gender, sexual orientation or disability, or failure to provide
service which matters shall remain, subject to the requirement that the Police
Department supply the Board upon request with copies of complaints and
dispositions regarding such matters, completely within the purview of the Police
Department. In order to accomplish its goals as set forth above, the Board
shall, as a unit of the Managing Director's Office, have full power to
direct the Police Department to produce appropriate personnel for interviews,
and to produce relevant documents, including but not limited to the following,
for review:
(a) Internal Affairs files, citizen complaints and
determinations made pursuant thereto, Management Review Board files, Ethics and
Accountability files, and the files of any other internal investigative agency
charged with investigating police misconduct incidents;
(b) Police
paperwork (e.g., police 75-49's, police 75-48's, and other paperwork
produced by the Police Department for the purpose of investigating suspects or
to aid in their prosecution);
(c) Personnel files of
officers;
(d) Police Directives;
(e) All general summaries,
statistical compilations and other internal reports on shootings, injuries,
complaints of abuse, training and any other issues related to the work of the
Board.
(2) The Board at its discretion may make specific recommendations
at anytime, and shall issue a public report summarizing its activities and
recommendations not less than once a year to the Mayor and members of City
Council, and shall make copies of the report available to the public at the Free
Library and at other locations. No Board finding or recommendation shall be
based solely upon an unsworn complaint or statement, nor shall prior
unsubstantiated, unfounded or withdrawn complaints be the sole basis for any
such finding or recommendation.
(3) The Board shall respond to all
complaints filed by individuals alleging police misconduct within seven (7) days
of receiving any such complaint. Such response shall indicate whether, in the
exercise of its discretion, the Board will investigate the allegations made, not
investigate them, or request additional information to enable it to make a
decision on its options.
(4) The Board shall establish a mediation
program pursuant to which a complainant may voluntarily choose to resolve a
complaint by means of informal conciliation.
(5) The Board shall have
the responsibility of informing the public about the Board and its duties, and
shall develop and administer an on-going program for the education of the public
regarding the provisions of this Chapter.