Chapter 8.04

INDEPENDENT POLICE AUDITOR

Sections:

• 8.04.010 Duties and responsibilities.

• 8.04.020 Independence of the police auditor.

• 8.04.030 Conflict of interest of the office of the independent police auditor.

In addition to the functions, powers and duties set forth elsewhere in this Code, the Independent Police Auditor shall have the duties and responsibilities set forth in this Section.

• A. Review of internal investigation complaints. The Police Auditor shall review Police Professional Standards and Conduct Unit Investigations of complaints against Police Officers to determine if the investigation was complete, thorough, objective and fair.

  1. The minimal number of complaints to be reviewed annually are:

     • a. All complaints against Police Officers which allege excessive or unnecessary force; and

     • b. No less than twenty percent (20%) of all other complaints.

  2. The Police Auditor may interview any civilian witnesses in the course of the review of Police Professional Standards and Conduct Unit Investigations.

  3. The Police Auditor may attend the Police Professional Standards and Conduct Unit interview of any witness including, but not limited to, Police Officers.

     • a. The Police Auditor shall not directly participate in the questioning of any witness during a Police Professional Standards

and Conduct interview but may suggest questions to the unit interviewer.

  - b. Notwithstanding subsection A.3.a, the Police Auditor and designated members of the Police Auditor's staff may directly participate in the questioning of a subject or witness including, but not limited to, Police Officers during a Police Professional Standards and Conduct Unit interview, subject to any applicable laws. The provisions of this subsection A.3.b shall remain in effect until June 30, 2022 and thereafter shall have no force and effect unless further action is taken by ordinance of the Council prior to that date. 

4. The Police Auditor shall make a request, in writing, to the Police Chief for further investigation whenever the Police Auditor concludes that further investigation is warranted. Unless the Police Auditor receives a satisfactory written response from the Police Chief, the Police Auditor shall make a request, in writing, for further investigation to the City Manager.

• B. Review of Officer-Involved Shootings. The Police Auditor shall participate in the Police Department's review of officer involved shootings.

• C. Community function.

  1. Any person may, at his or her election, file a complaint against any member of the Police Department with the Independent Auditor for investigation by the Police Professional Standards and Conduct Unit.

  2. The Independent Police Auditor shall provide timely updates on the

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§ 8.04.010

progress of Police Professional Standards and Conduct Unit investigations to any complainant who so requests.

• D. Reporting function. The Police Auditor shall file annual public reports with the City Clerk for transmittal to the City Council which shall:

  1. Include a statistical analysis, documenting the number of complaints by category, the number of complaints sustained and the actions taken.

  2. Analyze trends and patterns.

  3. Make recommendations.

• E. Confidentiality. The Police Auditor shall comply with all state laws requiring the confidentiality of Police Department records and information as well as the privacy rights of all individuals involved in the process. No report to the City Council shall contain the name of any individual police officer.

• (Ords. 25213, 25274, 25922, 30572.)

• A. The police auditor shall, at all times, be totally independent and requests for further investigations, recommendations and reports shall reflect the views of the police auditor alone.

• B. No person shall attempt to undermine the independence of the police auditor in the performance of the duties and responsibilities set forth in Section 8.04.010, above.

• (Ord. 25213.)

• A. The Independent Police Auditor may appoint or designate an alternate police auditor to assume the duties and responsibilities of the Independent Police Auditor for the limited purpose of reviewing internal affairs unit investigations of complaints in which the Inde-

pendent Police Auditor has a conflict of interest that warrants disqualification of the Office of the Independent Police Auditor.

• B. The alternate police auditor appointed pursuant to subsection A. shall have the duties and responsibilities related to the review of internal affairs unit investigations of complaints set forth in this Chapter, including but not limited to the responsibility of maintaining the confidentiality of police department records and information set forth in Section 8.04.010 E.

(Ords. 28661, 30510.)