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citizen complaint) and abuse of power (using one’s offi- <br />cial position for personal gain or privilege or for avoid- <br />ing the consequences of illegal acts). These types of <br />cases are automatically slated for a future agenda. <br />(See “A CRB Hearing Through the Eyes of a Deputy <br />Sheriff.”) Complaints that are questionable as to whether <br />they fall within CRB’s purview are given to the chairper- <br />son, and he decides if they are appropriate for board <br />review. <br />CRB hearings <br />CRB meets once a month in public session in a county <br />administration building meeting room. During the first <br />part of the meeting, members approve the minutes of the <br />previous meeting and hear any reports from the chairper- <br />son, vice chairperson, and Sears. The members then <br />review cases in accordance with a published agenda that <br />has been circulated in advance to the public and 57 <br />media outlets. The board hears about four cases at each <br />C HAPTER 2: CASE S TUDIES OF N INE O VERSIGHT P ROCEDURES <br />38 <br />EXHIBIT 2–10.THE ORANGE COUNTY CITIZEN REVIEW PROCESS <br />IA <br />investigates <br />and <br />develops <br />finding <br />Sheriff’s CRB adminis- <br />trative coordinator <br />sends IA case packet <br />with finding to CRB <br />members for cases <br />involving allegations of: <br />l use of excessive force <br />l abuse of power <br />Sheriff decides <br />on discipline <br />Board holds <br />hearing at <br />monthly meeting <br />Board concurs <br />with IA finding <br />without holding <br />hearing <br />Sheriff <br />makes own <br />finding and <br />decides <br />on any <br />discipline <br />Chain of command <br />recommends <br />discipline, if any <br />Board sends <br />memo to <br />sheriff <br />agreeing or <br />disagreeing <br />with IA <br />finding <br /> <br />Citizen files <br />complaint with <br />Citizen Review <br />Board support <br />staff (sheriff’s <br />office secretary <br />or administrative <br />coordinator) <br />A CRB HEARING THROUGH THE EYES OF A DEPUTY SHERIFF <br />The IA unit told Patrick Reilly,a deputy sheriff,that the father of a youth Reilly had arrested had filed a complaint <br />alleging use of excessive force in the form of a controlled knee spike (kick). Later, IA informed Reilly that it had <br />exonerated him.However,the deputy knew that,because it was a use-of-force complaint,CRB would hold a hearing. <br />Within 2 weeks, CRB sent Reilly a letter instructing him to appear for a hearing and to bring any witnesses he <br />chose.The deputy chose not to bring a union representative because there was not going to be a criminal charge <br />and he felt confident he would be exonerated. Reilly did bring two other deputies who had witnessed the kick. <br />Eight of the nine board members were present. <br />The chairperson called Reilly’s case (four other cases were heard that evening), read the allegation, and asked for <br />the deputy’s side of the story. Reilly reports that he was given as much time as he needed and every opportunity <br />to defend himself and clarify what he did and why. He did not feel he was on trial, and the board seemed neutral. <br />The board asked one of Reilly’s two witnesses to speak briefly.The IA investigator explained the sheriff’s office <br />use-of-force matrix and policy, which the board had already examined.The complainant did not come. <br />The board concurred with the IA finding.The case took slightly more than an hour. Reilly remained to sit in on <br />the case that followed.