Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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The Flint City Charter states that “The Ombudsman may investigate official acts of any agency which aggrieve any person.” City departments are required to provide infor- mation the ombudsman requests, and the office has the power to subpoena witnesses (including police officers), administer oaths, and take testimony. If elected officials or appointees refuse to cooperate, the charter provides for an obstruction hearing that could result in their forfeiting their jobs. The ombudsman establishes his or her own rules for receiving and processing complaints, conducting investi- gations and hearings, and reporting findings. In 1996, the ombudsman’s office investigated 662 cases, 313 of which (47 percent) involved complaints against police officers. In 1995, 389 of 741 cases (52 percent) involved com- plaints against the police. The office sustains 2 to 4 per- cent of citizen complaints against the police annually. The review process Exhibit 2–5 shows the process the ombudsman’s office uses to review complaints. Intake People learn about the ombudsman’s office from high- profile cases covered by the media or by word of mouth from coworkers. The police department’s IA unit does not inform citizens about the ombudsman unless they report they are unsatisfied with the department’s answers to their questions. In addition, the ombudsman’s pre- ferred response to complaints is to refer them to the appropriate supervisor, accepting complaints primarily when the citizen does not want to file with the police department or is dissatisfied with the supervisor’s response, or when the complaint appears to involve the use of excessive force. Citizens who want to file com- plaints with the ombudsman must agree to be inter- viewed at the ombudsman’s office or at a location of their choosing. The ombudsman assigns the citizens to one of two investigators who specialize in police complaints. Informal resolutions The assigned investigator may telephone the IA com- mander to resolve the complaint informally, such as clarifying a policy or procedure and then providing the explanation to the complainant. The IA commander may also choose to ask the shift commander of the sub- ject officer to investigate the problem and then explain the officer’s behavior to the complainant. About one- quarter of complaints reported to the ombudsman are settled by means of these informal approaches. The ombudsman office investigator’s next option is medi- ation. If both parties agree, the investigator arranges a C ITIZEN R EVIEW OF P OLICE: APPROACHES AND I MPLEMENTATION 27 EXHIBIT 2–5. FLINT OFFICE OF THE OMBUDSMAN’S INVESTIGATION PROCESS Citizen files complaint with ombudsman Ombudsman’s office investigates Request for information sent to chief Chief responds through: l IA l officer’s supervisor l officer Ombudsman informs chief of findings Complaint is resolved informally by: l an explanation of police procedures l referral to officer’s supervisor l IA l informal mediation