CORRESPONDENCE - 65A - Laserfiche WebLink

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a. Outcomes of board investigations must be public and in writing. b. Findings of fact must be binding on the Police Department. Only when a clear error has been made could the Chief depart from these findings. c. The Board must have a role in officer discipline, such as by making determinations under a pre- negotiated matrix developed by the Council and board. The matrix must also specify the circumstances in which a Police Department employee must be removed from active duty, pending an investigation by the board and/or the Police Department. The board can also help ensure the availability of adequate support for officers in parallel and independent from discipline. d. Evidence of criminal activity must also be referred for potential prosecution. e. The board must possess the power to remove the Police Chief for cause (such as failure to cooperate with the board) and be involved in appointing the Police Chief. 5. Power to audit, issue recommendations, and set policy. a. The board must also have authority to audit practices, policies, and procedures of the Police Department. b. On the basis of such audits, the board must be empowered to set and change Police Department policies as well as consult in hiring, training, and collective bargaining. c. The board must have the power to review and make recommendations regarding the Police Department budget and budgeting process. 6. Secure funding. a. The board’s funding must be protected to ensure its independence, for example, by setting the board’s budget at a fixed percentage of the Police Department’s budget or in proportion to the size of the force. b. The board budget must support appropriate board staffing and training on the requirements of constitutional policing and Police Department policies. 7. Due process protections for police officers. a. Officers who are accused of misconduct must have the full range of due process protections in the investigatory and disciplinary process, including Skelly rights and the rights to access to counsel, to a hearing, and to an appeal. Officers must be permitted to view the evidence presented against them, to testify, and to offer statements to defend against misconduct allegations. b. The board must employ a preponderance of the evidence standard. 8. Community engagement and public access and reporting. a. The board itself must publicize regular written reports and publicly produce data regarding police practices, such as crime data and data on the use of force, stops, and arrests, as well as details regarding complaints and settlements. b. The board must also hold regular public meetings, which must be webcast and recorded, to summarize findings and engage with community members. c. The board itself should be accountable to the public.