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2. In the event that a sworn officer of the Police Department appeals a suspension, <br /> demotion, or dismissal to the Personnel Board, the Personnel Board shall adopt the <br /> Board's finding of fact, based on the OAT investigation, as sustaining the charge. <br /> a. The Personnel Board shall not have the authority to reject or modify the Board's <br /> findings. <br /> 3. In the event that the Personnel Board shall conclude that a sworn officer of the Police <br /> Department was guilty of the act or omission resulting in such suspension, demotion, or <br /> dismissal but that the penalty was not warranted under the circumstances, the <br /> Personnel Board shall be bound by the range of the Board's discipline recommendation <br /> to the Police Chief in the Personnel Board's review the severity and appropriateness of <br /> the punishment. <br /> Section X.6.5 [Required Referral for Prosecution for Criminal Activity] <br /> 1. To the extent allowed by law, the Board shall promptly forward information to other <br /> enforcement agencies, including but not limited to appropriate federal, state or local <br /> law enforcement authorities, including the Orange County District Attorney, when such <br /> information establishes a reasonable basis for believing that a crime may have been <br /> committed by a Department employee. <br /> a. The Board shall forward information that establishes a reasonable basis for <br /> believing that a crime or serious misconduct may have been committed by a <br /> sworn Department employee that may result in the revocation of a peace <br /> officer's certification to the Commission on Peace Officer Standards and Training. <br /> Section X.6.6 [Due Process Rights of Officers] <br /> 1. The Board shall have the power to promulgate rules and procedures for the conduct of <br /> the Board and its investigations consistent with due process of law, equal protection <br /> under the law, and all other applicable local, state and federal laws. <br /> 2. All officers or employees of the Police Department are to be afforded their due process <br /> and statutory rights, including Skelly rights. Nothing in this ordinance shall be construed <br /> to limit the rights of officers or employees of the Police Department with respect to <br /> disciplinary action, including but not limited to the right to notice and a hearing as may <br /> be established by law or otherwise. <br /> 3. After the findings and imposition of discipline by the Police Department have become <br /> final, the subject officer or employee shall have the right to [grieve/appeal] the findings <br /> and imposition of discipline, to the extent that such rights are prescribed by law or <br /> regulation or in a collective bargaining agreement. <br /> 4. The Board shall employ a "preponderance of the evidence" standard of proof in <br /> evaluating whether allegations of individual officer misconduct are well-founded. <br /> 17 <br />