ORDINANCE NO. 9668

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 1, ARTICLE 25, SECTION 1-2504 PERTAINING TO THE DUTIES OF THE COMMUNITY POLICE REVIEW BOARD AND REPEALING EXISTING SECTION 1-2504.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION 1: Chapter 1, Article 25, Section 1-2504 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:

 

1-2504             SPECIFIC DUTIES OF THE BOARD.

(a)        The Board shall:

(1)        Review Lawrence Police Department policies regarding Racial or Other Bias-Based Policing and make recommendations to the Police Chief for the amendment of those policies or the adoption of additional policies on that subject as it deems necessary.

 

(2)        Review the police department’s annual training on Racial or Other Bias-Based Policing, and if necessary suggest substitute or additional training to prevent Racial or Other Bias-Based Policing.

 

(3)        Assist the police department with community outreach opportunities involving Racial or Other Bias-Based Policing prevention.

 

(4)        Advise the police department about community concerns related to Racial or Other Bias-Based Policing.

 

(5)        Receive annual reports regarding Racial or Other Bias-Based Policing from the police department no later than July 31st of each year. Such report should be presented to the Board prior to its submission to the Kansas Attorney General. At a minimum, the report shall contain the information required by K.S.A. 22-4610(d)(2), as amended.

 

(6)        Report to the City Commission from time to time regarding its activities, including an annual report to be presented to the City Commission at the first regularly scheduled Lawrence City Commission meeting following July 31st of each year.

 

(7)        Review and render advice on such other matters related to Racial or Other Bias-Based Policing as are assigned to the Board by the Chief of Police, City Manager, or City Commission.  

 

(8)        Have the authority to receive Complaints of alleged police misconduct from the public. Such Complaints shall be forwarded to the police department for investigation in the manner in which any other such allegation of misconduct is normally investigated. Board members shall receive the Complaint in a confidential manner and shall not make specific inquiries of the Complaint beyond the scope of information necessary to ensure that the Complaint form is expeditiously forwarded properly processed. Board members shall not conduct their own investigation into allegations of misconduct. In any case in which a Board member receives a Complaint authorized under this Article, such member shall, within three (3) business days of receiving the Complaint, forward it to the Police Department’s Office of Professional Accountability Sergeant for investigation.

 

(b)                    In any case in which a Complaint related to racial or other bias-based policing is submitted to either the Police Department or the Board, and the complainant is unsatisfied with the Police Department’s findings, the complainant may appeal the findings to the Board, in writing, within 14 days of receipt of notification of the department’s findings. Unless prohibited by federal, state, or local laws or state or federal law enforcement regulations, the Board shall, upon written request of the complainant, review the Police Department’s investigation to determine if further investigation is needed. Such review shall take place in executive session, in accordance with K.S.A. 75-4319. If offered, the Board shall accept a written statement from the complainant before it recesses into executive session.

 

(c)                    (1) During its review of an appeal in executive session, the Board shall be provided a copy of the Office of Professional Accountability file, in its entirety, except that such file may be redacted to protect confidential information as determined on a case-by-case basis to protect private information regarding the complainant, witness, or police officer, or to protect the integrity of any on-going criminal investigation, if applicable.

 

                        (2) Effort shall be made to provide as much information as possible to the Board in its review of an appeal under this subsection. Only that information that would subject the City to civil or criminal liability, that would otherwise adversely affect an on-going criminal investigation, on-going criminal prosecution, on-going civil action, or that is otherwise prohibited by law or policy, may be redacted. Audio and video recordings shall be provided unless redaction is necessary and cannot be accomplished, in which case the City Attorney, or his or her designee, shall cause a summary of the recording to be made.

 

                        (3) Redactions that are permitted under subsection (c)(2) above include, but are not limited to: criminal history record information; criminal investigation records, as identified by K.S.A. 45-221(a)(10); information pertaining to juveniles; information pertaining to victims of domestic violence or any sexual crime; information protected by the Health Insurance Portability and Accountability Act (HIPAA); treatment records, including medical, psychiatric, psychological, alcoholism or drug dependency treatment records; unexecuted search warrants or arrest warrants; expunged criminal records; certain portions of presentence reports; grand jury proceeding records; certain child in need of care records; personally identifiable records of students pursuant to state and federal law; Social Security numbers; phone numbers; email addresses; home addresses; dates of birth; driver’s license numbers; records that are privileged under the Rules of Evidence, such as the attorney/client privilege; information pertaining to Homeland Security or national security; information related to arrests with completed diversions.

 

                        (4) Redactions shall be made by the Office of Professional Accountability Sergeant, or his or her designee, and shall be approved in advance by the City Attorney or his or her designee. Such file shall not be copied, photographed, or otherwise duplicated during the Board’s review, and shall be returned to the Office of Professional Accountability Sergeant, or his or her designee, immediately upon the conclusion of the executive session. Upon conclusion of its review, the Board shall deliberate in executive session.

 

            (d)        The Board shall review the Police Department’s findings to determine whether they are supported by substantial competent evidence. Substantial competent evidence exists when a reasonable person, when reviewing the evidence, would accept the Police Department’s findings as being sufficient to support its underlying conclusion. In its review of the Police Department’s factual findings, the Board will review the evidence but will not reweigh it, and it will not make witness credibility determinations.  If the Board concludes that the evidence is sufficient to support the Police Department’s findings, then such findings shall be based upon substantial competent evidence in the record and the Board shall affirm the Police Department’s finding.

 

(e)        Based upon its confidential review and deliberations of a Complaint under Sub-Section (b)(1) of this Section, the Board shall make a written recommendation to the City Manager, affirming or disputing the Police Department’s findings and making a recommendation on whether further investigation is needed, but shall not make a recommendation for disciplinary action. The City Manager shall consider the Board’s recommendation and affirm or deny the Police Department’s investigation. The City Manager shall then render a decision concerning discipline, if appropriate, in accordance with the City’s employee handbook.

 

SECTION 2. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

 

SECTION 3. Existing Section 1-2504 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that this ordinance supersede it.

 

SECTION 4. This ordinance shall take effect and be in force after its passage and publication as provided by law.

 

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of May 2019.

 

 

APPROVED:

 

 

_____________________________

Lisa Larsen

                                                                                    Mayor

 

ATTEST:

 

 

__________________________________

Sherri Riedemann

City Clerk

 

 

APPROVED AS TO FORM:

 

 

__________________________________

Toni R. Wheeler

City Attorney