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Section X.6.4 [Binding Findings of Facts and Recommendations for Discipline] 1. The Board shall have the power to recommend to the Police Chief, with respect to incidents within its jurisdiction, appropriate disciplinary or other remedial action against members of the Police Department found to be in violation of any applicable Police Department rules, including rules related to the duty to provide truthful information regarding the officer's own conduct and the conduct of others, and the duty to report the misconduct of others. Such remedial action may include, but is not limited to, reassignment, additional training, or counseling. a. Within thirty (30) days of receiving findings and discipline precedent from OAT, the Board shall convene, review the findings of the case, evaluate aggravating and mitigating factors, then make a disciplinary recommendation to the Chief by majority vote. i. For purposes of this section, aggravating factors include false testimony, tampering with evidence, a pattern of repeated or escalating misconduct or use of force, biased or discriminatory conduct, abuse of power as a sworn officer, or deliberate or reckless disregard for the safety and welfare of residents, animals, or property. ii. For purposes of this section, mitigating factors include timely and truthful self-reporting, use of de-escalation techniques and less-than-lethal use of force, and participating in post-incident certified counseling or PTSD therapy. 1. Rank, length of service, seniority, or commendations and awards for past actions shall not be considered mitigating factors in determining discipline for the current case. b. The City Manager shall not have the authority to reject or modify the Board's findings and proposed discipline. c. The Police Chief shall respond to the findings of fact and proposed discipline within 30 days. i. If the Police Chief agrees with the Board's findings and proposed discipline, he or she shall send to the subject officer notification of findings and intent to impose discipline. The Police Chief may send such notification to the subject officer before [Internal Affairs or similar internal unit] has begun or completed any investigation. ii. If the Police Chief disagrees with the Board's findings and/or proposed discipline, the Police Chief shall prepare his or her own findings of fact and/or proposed discipline which shall be submitted to a Discipline Committee, which is composed of three Board members. d. Absent clear error, the Police Chief shall accept the Board's findings of fact and consider the Board's recommended discipline. Clear error exists when the 15