Article XXXX

Investigation of Complaints.

Section 1.       When an appeal is timely requested in the manner set out by ordinance, 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. For example, if the Police Department concludes that an officer did not commit misconduct and the evidence it based its decision on includes inconsistent statements provided by witnesses, dissimilar accounts of the officer’s actions by witnesses and the complainant, and/or an admission by the complainant that he or she was untruthful, a reasonable person could find that the Police Department’s finding of no misconduct should stand. However, if the Police Department concludes that an officer did not commit misconduct and the evidence it based its decision on includes consistent statements by witnesses and/or an audio/video recording of the incident corroborating the complainant’s story, a reasonable person could conclude that the evidence does not support the Police Department’s findings.

Section 2.       It is not the Board’s duty to re-investigate the alleged misconduct or any portion of the Police Department’s investigation; it is to determine whether the Police Department’s findings are supported by the evidence it had before it. Therefore, 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.

Section 3.       Upon the conclusion of the Board’s confidential review and deliberations on an appeal, it shall provide the City Manager with a written recommendation stating whether the Board believes sufficient evidence exists to support the Police Department’s findings and whether additional investigation by the Police Department is warranted.