Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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Glossary Burden of proof.The standard used to conclude that an officer committed the alleged misconduct. (See “Preponderance of the evidence” and “Clear and con- vincing evidence.”) Clear and convincing evidence.The degree of proof that will produce in the mind of the trier(s) of fact a firm belief or conviction as to the allegations; an intermediate burden of proof, being more than mere preponderance but not to the extent of such certainty as is required by beyond a reasonable doubt. Discipline.Punishment meted out for misconduct by officers. In increasing order of severity, punishment may include: • Verbal or written counseling by the officer’s supervisor. • Remedial training. • Professional counseling (e.g., for substance abuse). • Verbal reprimand (supervisor orders inappropriate behavior to be corrected). • Written reprimand. • Suspension without pay (may include ineligibility for promotion, department-paid health insurance premium payments, and off-duty enforcement work). • Probation. • Demotion (reduction in rank, job classification, or pay grade or step). • Termination. Exonerated.See “Findings.” Findings.The internal affairs or citizen review oversight body’s determination of the legitimacy of a citizen’s complaint. Options include: • Unfounded: The alleged incident did not occur, or the subject officer was not at the scene. • Exonerated: The incident did occur, but the officer’s actions were lawful and proper. • Not sustained: There is insufficient evidence to prove or disprove the allegations. • Sustained: There is sufficient evidence to conclude that the officer engaged in misconduct. • Policy failure: The officer acted incorrectly but, because the department had no policy, an ambiguous policy, or contradictory policies prescribing the correct behavior for the situation at issue, no blame is attached to what the officer did. Garrity warning.Under Garrity v. New Jersey,385 U.S. 493 (1967), as part of an internal, noncriminal investiga- tion, police officers can be ordered to give a statement to their employer regarding actions they took while working for the police department. A Garrity warning informs the officers of two conditions: (1) failure to answer questions related to the scope of their duties may form the basis for disciplining officers, including dismissal, and (2) any statements given under this warning cannot be used in any subsequent criminal proceeding against the officers unless the officers are alleged to have committed perjury in their statements. Internal affairs.Section, unit, or bureau within a law enforcement agency responsible for investigating officer misconduct. Not sustained.See “Findings.” Policy failure.See “Findings.” Professional standards.In some law enforcement agen- cies, a new name for the internal affairs unit; in other agencies, a unit that houses several activities (e.g., inser- vice training) for which investigating officer misconduct is only one responsibility. Subject officer.The officer against whom a complaint has been filed. C ITIZEN R EVIEW OF P OLICE: APPROACHES AND I MPLEMENTATION 143