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Document of Interest Provided By Councilmember Hamann on Civilian Review Boards
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Document of Interest Provided By Councilmember Hamann on Civilian Review Boards
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3. Telephone interviews with similar individuals in four <br />other communities: Flint, Michigan; Orange County <br />(Orlando), Florida; Portland, Oregon; and Tucson, <br />Arizona. <br />4. Less comprehensive telephone interviews with other <br />oversight staff across the country (Kansas City, <br />Missouri; Omaha, Nebraska; San Diego and San Jose, <br />California; and Syracuse, New York). <br />5. Five members of an advisory board assembled to <br />guide and review the publication (see the back of the <br />title page). <br />The nine jurisdictions studied were selected based on the <br />suggestions of the advisory board. The oversight proce- <br />dures studied represent a variety of approaches to citizen <br />oversight in different areas of the country and in jurisdic- <br />tions of varying size and governance (see exhibit 2–1 in <br />chapter 2, “Selected Features of the Nine Oversight <br />Systems”). <br />Terminology used in the report <br />Different law enforcement agencies use different termi- <br />nology to denote identical or similar activities. To avoid <br />confusion,Citizen Review of Police usually uses the fol- <br />lowing terms regardless of the local jurisdiction’s actual <br />terminology: <br />• Complainant (sometimes called “appellant”). <br />• Board and board member (sometimes called <br />panelist/panel member, commission/commissioner). <br />• Executive director or director (sometimes called <br />“officer” or “examiner”). <br />• Police union (also called federation, association). <br />• Internal affairs (IA) (some departments have renamed <br />their IA units “professional standards”). <br />“Findings That Review Boards and Police Departments <br />Make” identifies and defines the principal terms used to <br />describe possible findings regarding allegations of officer <br />misconduct. A glossary following chapter 8 defines other <br />specialized terms used in the report. <br />C ITIZEN R EVIEW OF P OLICE: APPROACHES AND I MPLEMENTATION <br />5 <br />FINDINGS THAT REVIEW BOARDS <br />AND POLICE DEPARTMENTS MAKE <br />Review boards and police departments generally use <br />a common set of terms to identify the findings that <br />their investigations can lead to: <br />• Unfounded:The alleged act did not occur, or <br />the subject officer was not involved in the act; <br />therefore the officer is innocent. <br />• Exonerated:The alleged act did occur, but the <br />officer engaged in no misconduct because the act <br />was lawful, justified, and proper (sometimes called <br />“proper conduct”). <br />• Not sustained:The evidence fails to prove or <br />disprove that the alleged act(s) occurred. <br />• Sustained:The alleged act occurred and was not <br />justified (e.g., it violated department policy). <br />Some oversight bodies and police departments <br />come to findings that conclude the subject officer <br />committed an act that was inappropriate but that <br />hold the department responsible for the officer’s <br />misconduct: <br />• Policy failure: Department policy or procedures <br />require or prohibit the act (e.g., an officer may <br />not use a cruiser to drive someone to a bus stop <br />whose car was towed). <br />• Supervision failure: Inadequate supervision— <br />the officer’s sergeant or lieutenant should have <br />informed the officer not to engage in the act or <br />to discontinue it (e.g., a sergeant asks a supervi- <br />sor,“Here’s what I’ve got. Is that probable cause <br />to arrest the guy?” and the supervisor gives the <br />officer bad advice). <br />• Training failure:The officer receives inappropriate <br />or no training in how to perform the act properly <br />(e.g., distinguishing an intoxicated person from <br />someone going into diabetic shock).
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