Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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EXHIBIT 2–3. CITIZEN COMPLAINT PROCESS IN BERKELEY Intake Citizens may file complaints directly with PRC within 90 days of the alleged misconduct. The ordinance requires PRC to forward complaints to the police department’s internal affairs bureau within 30 calendar days. IA and PRC then both investigate the case independently. PRC and the police department have 120 days to communicate their findings to the city manager and for the city manag- er or chief to determine discipline. Citizens who file a complaint initially with the police department’s internal affairs bureau may file the com- plaint subsequently with PRC within the 90-day limit, after which the parallel PRC and IA investigations occur. The IA investigators give complainants a brochure on the complaint process that mentions PRC, and they tell citi- zens who express dissatisfaction with the IA investigation about the PRC option. From 1994 through 1998, 53 per- cent of complainants registered their complaints initially with IA rather than being referred by PRC. Investigations Either Barbara Attard, the PRC officer, or the PRC inves- tigator conducts an investigation of each complaint. Subject officers must appear and answer questions, but they may appear with a union representative or lawyer. Hearings To hear each complaint, PRC staff impanel a board of inquiry consisting of three of the nine board members. The three choose a chairperson from among themselves. One week before the hearing, PRC staff provide the members with a packet containing the results of their investigation along with relevant ordinances, statutes, and department policies and procedures. Attard sends a notice to the chief who, according to the ordinance, must order the involved officer(s) to attend. A lieutenant, the duty command officer for the week, is always present to answer questions about police policy, procedures, and training. As soon as the hearing begins, the chairperson makes clear that the board can offer only recommendations to the city manager and the chief. The hearing then pro- ceeds as follows: 1. The complainant presents the complaint and intro- duces any witnesses. C HAPTER 2: CASE S TUDIES OF N INE O VERSIGHT P ROCEDURES 22 With PRC Citizen files complaint With IA PRC forwards complaint to IA PRC officer investigates Citizen files complaint with PRC IA investigates Board of inquiry held PRC officer recommends summary dismissal or administrative closure Full PRC reviews recommendation Case closed Finding submitted to city manager and chief