Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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While about three-quarters of complainants contact the IA unit to file a complaint, some contact the commission. The review commission coordinator takes basic informa- tion about the complaint and refers the complainant to the IA unit. The unit investigates serious allegations of misconduct itself but refers minor problems down the chain of command to the subject officers’ supervisors for settlement. The IA commander reviews these settlements but does not send them to the commission for review. Case review The commission coordinator, a nonsworn police depart- ment employee, collects IA’s investigative packets 2 weeks before each commission meeting, duplicates them, and hand delivers a copy to each commissioner (some commissioners pick them up in person) 1 week before they meet. The commission meets in the chief’s confer- ence room the first Wednesday of every month from 7:00 p.m. to about 10:00 p.m. Because the Minnesota Data Practices Act gives employ- ees (e.g., police officers) privacy in administrative hearings, only commissioners, the commission coordina- tor, the IA commander and investigators, and a recording secretary attend. Members hear about seven cases each meeting. The commission may request—and has subpoe- na power to require—that individuals appear before it. The IA investigator summarizes the first case and gives his or her recommendation that the allegations be sus- tained, not sustained, exonerated, or unfounded. The commissioners discuss each case, asking the investigator questions as needed. The chairperson asks for a vote on the first allegation in the case. If a majority sustains an allegation, they discuss what discipline to recommend. Deliberations typically take 15–45 minutes per case. Most decisions are unanimous. When there is disagree- ment, it is usually regarding the discipline, not the find- ing. The commissioners may request that IA conduct additional investigation. If they are still dissatisfied, they can hire an independent investigator, although they have never done so. The IA commander and investigator play no role in help- ing the commissioners to resolve their differences and may not object to the commission’s recommendations. Commissioners may ask the commander what kinds of discipline have been imposed before for the misconduct C ITIZEN R EVIEW OF P OLICE: APPROACHES AND I MPLEMENTATION 53 EXHIBIT 2–14. ST.PAUL CITIZEN REVIEW PROCESS With commission IA investigates and reaches a finding Commission requests additional IA investigation Chief receives IA and commission findings and commission disciplinary recommendation Commission accepts new investigation Commission issues own finding and recommends discipline Citizen files complaint Commission hires its own investigator With IA Commission reviews case Commission rejects new IA investigation Chief metes out discipline