Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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C ITIZEN R EVIEW OF P OLICE: APPROACHES AND I MPLEMENTATION 99 officer has discharged a firearm, even if there has been no complaint. Jurisdictions must decide how long after the alleged misconduct occurred complainants may file a complaint. Berkeley’s Police Review Commission requires complainants to file within 90 calendar days of the alleged miscon- duct, with another 90 days allowed if six board members vote that the com- plainant has demonstrated by clear and convincing evidence that his or her failure to file in time was the result of “inadvertence, mistake, surprise, or excusable neglect.”Not knowing about PRC’s existence or procedures does not fall into any of these categories. Furthermore, police testimony is not mandatory in cases that are accepted during the “late filing” period. Subpoena power As of 1995,2 almost 40 percent of review bodies had subpoena power—the right to command an individual to appear to testify or produce docu- ments—including oversight procedures in Berkeley, Flint, Orange County, Portland, and San Francisco. Legislation in Orange County provides for a fine of up to $500 and imprisonment for up to 60 days for officers who refuse to honor a board request to appear. Most citizen oversight procedures that have subpoena power, including Berkeley’s and San Francisco’s, are prohibited from undertaking an investigation until any pending criminal charges against police officers have been adjudicated or unless they receive permission from the district attorney to proceed. EXHIBIT 5–3. FLIER INCLUDED IN LETTER THE PORTLAND POLICE BUREAU SENDS TO COMPLAINANTS NOTIFYING THEM OF THEIR CASES/FINDINGS The St. Paul and Orange County boards automatically review all cases in which an officer has discharged a firearm, even if there has been no complaint.