Administrative Rules Adopted by Auditor's Office Pursuant to Rule-Making Authority
1. When the Citizen Review Committee (CRC) has conducted an appeal hearing and returned the complaint to the Independent Police Review (IPR) division or the Internal Affairs Division (IAD) for further intake investigation or further investigation, the IPR Director will return the complaint to CRC in the form of a status report, for a supplemental appeal hearing. If returned in the form of a status report, CRC will ultimately determine whether to conduct any further hearings in the matter.
2. The supplemental appeal hearing shall be conducted in the following manner:
a. Introduction by the Chair – explanation of the roles of the participants and procedures to be followed. The Chair will impose time limits, if necessary.
b. Designated CRC members give case summary presentation, adding information on why further investigation was requested.
c. IAD and/or IPR outline results of the supplemental investigation.
d. Statement by the appellant, a chosen representative of the appellant and any material witness(es) proffered by the appellant.
e. Statement by the respondent officer or complainant, a representative of the respondent and any material witness(es) proffered by the respondent.
f. Explanation of Command Staff's findings, by designated Bureau representative.
g. IPR comments on the case.
h. Chair or designee's recitation of each allegation and finding and CRC's options in reviewing each finding. CRC questions and discussion.
i. Public comment of limited duration relevant to the case under consideration.
j. Rebuttal comments proffered by the complainant or a representative, the involved officer(s) or a representative, and representatives of IAD.
k. City Attorney and/or IPR Director comments and instructions on the standards of proof and identification of issues to be addressed.
l. CRC questions and clarifications.
m. Motion and second by CRC members to affirm or challenge a Bureau finding or refer the case to IAD or IPR for further investigation.
n. Roll call vote by CRC members with each member providing an explanation of her or his vote. (The CRC can vote to affirm the PPB findings, challenge the PPB findings, recommend a change in the finding, or recommend further investigation by IAD or IPR. CRC members will not be permitted to abstain from voting unless a reason is given.)
o. Chair explanation to appellant of outcome of votes and next steps.
3. All further actions taken by the Committee and the IPR shall be in accordance with the previously adopted Appeals Procedures in Protocol 5.03).