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19L - POLICE REVIEW BOARD
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19L - POLICE REVIEW BOARD
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4/27/2017 5:04:34 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
19L
Date
5/2/2017
Destruction Year
2022
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Many cities throughout California have instituted various forms of civilian oversight of law <br />enforcement. (See Table 1 below). There are more than 200 models of police oversight, <br />however, they can be grouped into the three following categories: (1) police auditors, (2) <br />commissions/boards without investigatory powers, and (3) commissions /boards with <br />investigatory powers. <br />Police Auditor /Office of Independent Review/ Inspector General <br />An independent police auditor is responsible for conducting oversight of law enforcement or <br />police functions. The auditor may oversee investigations and advise the police chief on whether <br />and how officers should be disciplined. Additionally, the auditor may review and report to the <br />City Manager on certain investigations and cases on a quarterly basis and issue public reports <br />and statistics with recommendations on practices, procedures, training, and equipment to assist <br />public safety in areas that may need improvement. In the most empowered auditor -based model <br />(Boise, Idaho), the auditor is authorized to direct police staff in the investigation of a citizen <br />complaint. Generally, auditors may request further investigation or begin self - initiated <br />investigation. Depending on the jurisdiction, the auditor may or may not have subpoena powers. <br />Advantages: Police auditors may have access to police personnel records and internal documents <br />and are often permitted to observe internal affairs interviews and sometimes are permitted to <br />submit questions to the internal affairs interviewers. Auditors have more flexibility than a board <br />or commission, as the scope of their duties can be broad or narrowly tailored. <br />Disadvantages: Issues surrounding partiality, i.e., how could the police auditor be independent <br />of the police department and also a confidential advisor to the police chief. Auditors without <br />power to compel evidence may not be able to conduct effective investigations. <br />Police Commission /Citizen Police Review Board <br />Without Investigatory Powers <br />A police commission or board consists of assigned members and reviews police misconduct <br />investigations in order to determine whether they were conducted appropriately and adequately. <br />Members may agree or disagree with findings of the Internal Affairs investigation and may also <br />recommend corrections, additional investigations or officer discipline. Boards or commissions <br />may also provide proposals or recommendations regarding department policies. <br />Advantages: Boards or commissions without investigatory powers are able to produce findings <br />more quickly than an investigatory model. This model also provides an opportunity for residents <br />to be directly involved and have input on police issues. <br />Disadvantages: Large amount of labor and time required of those serving on the board or <br />commission. Members must have some knowledge and training in order to identify problems in <br />complex investigations. Without investigatory power, the board or commission is limited to the <br />evidence and investigation conducted by Internal Affairs. Members may feel obligated to pursue <br />19L-3 <br />
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