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

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(a) The Common Council shall appoint a full-time director of the Citizens' Police Complaint Office. The director shall be supervised by the citizen's Complaint Board and be subject to review and evaluation by Common Council. The duties of the director shall include: (1) Managing the Citizens' Police Complaint Office, including its staff; and (2) Enhancing communications and good will between the police and the citizenry. (b) The director is authorized to adopt such rules and procedures as the director may deem appropriate for the proper administration and enforcement of this division. All such rules and procedures shall be adopted only after posting of the rules and procedures proposed to be adopted on the City's website at least thirty (30) days prior to the effective date of such rules and procedures. Upon adoption, the director shall maintain a copy of the rules and procedures on file in the director's office. (c) The director shall have the authority to contract with investigators and legal counsel, if the City Corporation Counsel is not available, to aid in the investigation of complaints filed with or processed by the Office. (d) The director shall be in regular communication with the Chief of the South Bend Police Department and may make recommendations to the Chief concerning matters of conduct and recurring issues that are processed by the Citizens' Police Complaint Office. The director shall also provide periodic reports for publication in the Police Department's annual report. (d) Staffing and budget recommendations for the Citizens' Police Complaint Office shall be made by the director in consultation with the Mayor or the Mayor's designee and the Citizens' Police Complaint Board. (f) On a quarterly basis, the director shall forward a report of each Complaint Board member's attendance and each voting member's training, as required by Sec. 2-12.2.2(d), to the Common Council, the Public Safety Director, and the Chief of the South Bend Police Department. Sec. 2-12.2.7. - Complaint investigation and hearing procedures. (a) Upon the filing of a complaint,the director shall immediately send a copy of the complaint to the Chief of the South Bend Police Department or the Chiefs designee. In addition, the officer or officers alleged to be involved in the incident shall be notified of the date of the incident and given a copy of the complaint. After the filing of a complaint, the Complaint Board shall table its own investigation for a period of sixty(60) working days to allow the Department to conduct its own investigation and to allow the Chief to take appropriate action. The Chief may request an extension of time to complete the investigation from the director; however, if deemed appropriate or necessary, the Complaint Board may order the director to conduct an independent simultaneous investigation before the end of the investigation conducted by the department. Such action must be authorized by a three- fourths (3/4) vote of the entire Complaint Board. (b) When the investigation is returned to the Citizens' Police Complaint Office, the Complaint Board shall review the investigation conducted by the department and the action taken by the Chief, if any. If the Complaint Board does not agree with the action taken by the Chief