CORRESPONDENCE - #2 - Laserfiche WebLink

Home Browse Search

Board's findings of fact are based upon obvious and indisputable errors and cannot be supported by any reasonable interpretation of the evidence. e. The [City Manager or similar] shall not have authority to reject or modify the Police Chief's findings of fact and proposed discipline. i. Should the Police Chief neither agree nor disagree with the Board's findings, the Police Chief may request that the Board conduct additional investigation and must specify the nature and scope of additional investigation that is requested, and the reason(s) for that request. f. The Board's findings of fact and proposed discipline shall also be submitted to the Discipline Committee which shall review both submissions and resolve any dispute between the Board and the Police Chief. Based solely on the record presented by the Board and the Police Chief, the Discipline Committee shall submit its final decision regarding the appropriate findings and proposed discipline to the Police Chief who shall notify the subject officer. g. The City Manager shall not have the authority to reject or modify the Discipline Committee's final decision regarding the appropriate findings and level of discipline. The Discipline Committee shall not have the authority to conduct its own investigation. i. Within 30 days of the completion of any and all disciplinary action taken pursuant to an investigation of the Board, the Police Chief shall advise the Board in writing regarding the completion of such action. Within 10 days of receipt of this notice, the Board shall prepare Final Reports. Final Reports shall include at a minimum a summary of the conduct investigated, the findings of the investigation, the recommended action to be taken, any response from the Police Department, and the final resolution of the matter. h. If the Police Chief prepares his or her own findings and proposed discipline and provides it to the Board before the Board's investigation is initiated or completed, the Board may close its investigation or may choose not to conduct its own investigation in order to allow final discipline to proceed as proposed by the Police Chief. If the Board chooses not to close its investigation, imposition of final discipline by the Police Department shall be delayed until the Board's investigation is completed and the Board makes its findings and recommendations for discipline (and, if there is any conflict, until it is resolved via the procedure described in this section). The Board shall notify the Police Chief of its final decision regarding how it will proceed within 5 business days of the Police Chief's notice of completion of their investigation. i. The Board may request that the Police Chief appear in person before the Discipline Committee for further explanation or to address questions from the Discipline Committee. The Police Chief shall cooperate with any request to appear before the Discipline Committee. 16