Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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Citizen appeals of IA findings Citizens may appeal a complaint finding within 30 days after IA has completed its investigation. If the com- plainant calls the examiner for a hearing, the examiner sends the person an appeal application, schedules the hearing for a future citizen advisory meeting, and arranges for the police bureau to send her the investiga- tion file, which she distributes to advisers to review before their next meeting. The examiner and an adviser of her choosing go sepa- rately to IA to review the case file and confirm each other’s assessment of the investigation. The examiner then prepares a report that includes a summary and analysis of the case, a critique of the investigation process, and recommendations for how the case should be handled. She distributes the report to all the advisers and IA to review. At times, she discusses the findings or the investigation process with the IA captain before the advisers meet. At its next monthly meeting, the full volunteer citizens advisory board can deny the request for review. If the board accepts the appeal, it conducts a formal hearing. Subject officers may attend but usually do not. However, officers’ names are not used—they are referred to as “officer A” and “officer B.” If he wants to know what transpires, the police union president attends. Someone from IA is present to explain how it investigated the case. Although the advisers have read the full report before the meeting, the citizen adviser who reviewed the case gives a brief oral case summary to the other advisers. The chairperson then asks the complainant, “Please tell us what you would like us to know about this case.” The complainant can not present new evidence because the hearing is an audit, not an investigation. Advisers may question the complainant, the subject officer (if present), and any witnesses who have come. Advisers discuss the case in public and vote to do one of the following: C HAPTER 2: CASE S TUDIES OF N INE O VERSIGHT P ROCEDURES 42 EXHIBIT 2–11. STEPS IN THE PORTLAND AUDIT PROCEDURE Citizen files complaint IA investigates and command staff issues finding Citizen advisers and examiner audit random closed cases Examiner reports results to full advisory board Advisory board reviews and discusses report Board submits report to PIIAC (city council) PIIAC discusses and approves Chief responds to recommendations within 60 days IA commander controverts finding Board asks police bureau Review Level Committee to reconsider finding PIIAC informs chief of recommend- ations PIIAC hears advisers’ recommend- ations Board rejects finding Board refers case to IA for further investigation Board rehears appeal Board affirms finding Complainant appeals PIIAC hears appeal Finding rejected Finding sustained Citizen advisory board hears appeal Appeal rejected Examiner and one adviser review case Citizen appeals if dissatisfied