§ 3-D. Board Hearing  

Latest version.
  • If the board conducts a review hearing, its purpose shall be to confirm the completeness of the CCA investigation and approve or disapprove the executive director's report (findings and recommendations). The board's review hearing will not be an adversarial proceeding and should not be used to reinvestigate the matter. The board may receive witness testimony including that of the complainant and/or police officer(s). Interviews of city employees or other witnesses shall be conducted only in closed inquiry sessions unless the witness requests otherwise. Such sessions shall not be open to the public and shall include only CCA Board members, and any necessary staff or support personnel. A written record shall be kept of any statements, testimony, or other evidence obtained in such sessions. Any city employee directed to answer questions in an inquiry session shall be advised that the statements and answers given can be used only for administrative purposes relating to city employment and cannot be used in any criminal proceedings involving that employee. Such advice shall be consistent with the constitutional principles identified in Garrity v. New Jersey. The employee shall be further advised that a failure to answer truthfully and completely can subject the employee to disciplinary action including termination. Any employee directed to appear before the CCA for such an inquiry session may bring a legal representative or other support person of choice. Any police officer or complainant, who is directly involved in the circumstances under review, may also attend such sessions and may bring a legal representative or support person, who shall be strictly limited to consultation and such persons may not otherwise participate in the inquiry proceedings.

    Following a hearing, the board may either approve or disapprove the executive director's findings and recommendations. Where the findings and recommendations are approved, they shall be submitted to the police chief and city manager. If they are disapproved, the board shall state its reasons and may direct that further investigation be pursued. The board may issue its own findings and recommendations, and submit them along with the executive director's original report to the police chief and city manager. In all cases, the city manager and police chief will refrain from making a final decision on discipline until after receipt of the CCA report. The city manager shall agree, disagree or agree in part with any findings and recommendations of either the board or the executive director, and she shall inform the executive director and the board in writing of any reasons for agreeing in part or disagreeing with said findings and recommendations. It shall be the executive director's responsibility to inform the officer(s)involved in the complaint and the complainant when a final decision has been reached on a complaint.

(Ordained by Ord. No. 149-2002, eff. May 15, 2002)