12-20 Amending Chapter 2 of the South Bend Municipal Code

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(c) All voting and ex-officio Complaint Board members must attend a minimum of seventy- five(75)percent of the meetings. The Common Council may replace any member who fails to meet this attendance requirement within sixty(60) days of written notice of failure to meet this attendance standard. (d) All voting members of the Complaint Board must accompany an on-duty officer of the South Bend Police Department for a minimum of twelve(12)hours per year, and for a minimum of four(4)hours per occasion, in order to observe police procedures first(1St) hand. The Common Council may replace any member who fails to meet this requirement after written notice to the member of such failure. Sec. 2-12.2.4—Complaint Board duties. The Citizens' Police Complaint Board shall meet as often as necessary to consider all complaints which it deems appropriate to process and review, but no less than quarterly. The Complaint Board shall set rules for its governance and shall establish its procedures for processing complaints and for ensuring notification to citizens of the status and disposition of their complaints. Sec. 2-12.2.5—Establishment of Citizens' Police Complaint Office. (a) The Citizens' Police Complaint Office is hereby established. Any complaint of a citizen against an officer of the South Bend Police Department alleging that the officer used profane and abusive language or intentionally destroyed or damaged real or personal property, exceeded his/her authority as a police officer, used unauthorized force, or acted in violation of the Department's rules and regulations or orders may be filed with the Citizens' Police Complaint Office. In addition, if a complainant alleges that intimidation tactics are being used to impede the filing of a complaint, the complainant shall report this to the Complaint Office and a separate complaint will be filed regarding the new information. Each complaint shall be filed within sixty(60) days of the action giving rise to the complaint, shall be in writing, and shall be signed by the person making the complaint, who shall affirm under the penalties of perjury that the representations contained therein are true. The complaint may be filed in person, by e-mail, by facsimile or through the mail. Additionally, complaints may be filed after the expiration of the sixty(60) day time period where the person making the complaint was under a legal disability during the sixty(60) day time period or where, upon a showing of good and sufficient cause and upon majority vote of the Citizens' Police Complaint Board, a person is permitted to belatedly file a complaint. (b) Any individual personally aggrieved by the act or acts complained of may file a complaint. A parent or guardian may file a complaint on behalf of a minor or incompetent individual. A member of the immediate family of a decedent may file a complaint on behalf of the decedent. The Complaint Board may, upon two-thirds (2/3)vote of its members, initiate an action. (c) The complaint process shall be accessible to all citizens regardless of race, national origin, ancestry, religion, color, sex, sexual orientation, gender identity, age, language, disability, or United States military service veteran status. Sec. 2-12.2.6—Complaint Office Director; staff.