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07-27-20 Agenda Packet
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07-27-20 Agenda Packet
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c) All voting and ex-officio Complaint Board members must attend a minimum of seventy- <br />five(75)percent of the meetings. The Common Council may replace any member who fails <br />to meet this attendance requirement within sixty(60) days of written notice of failure to <br />meet this attendance standard. <br />d) All voting members of the Complaint Board must accompany an on-duty officer of the <br />South Bend Police Department for a minimum of twelve(12)hours per year, and for a <br />minimum of four(4)hours per occasion, in order to observe police procedures first(1St) <br />hand. The Common Council may replace any member who fails to meet this requirement <br />after written notice to the member of such failure. <br />Sec. 2-12.2.4—Complaint Board duties. <br />The Citizens' Police Complaint Board shall meet as often as necessary to consider all <br />complaints which it deems appropriate to process and review, but no less than quarterly. The <br />Complaint Board shall set rules for its governance and shall establish its procedures for <br />processing complaints and for ensuring notification to citizens of the status and disposition of <br />their complaints. <br />Sec. 2-12.2.5—Establishment of Citizens' Police Complaint Office. <br />a) The Citizens' Police Complaint Office is hereby established. Any complaint of a citizen <br />against an officer of the South Bend Police Department alleging that the officer used profane <br />and abusive language or intentionally destroyed or damaged real or personal property, <br />exceeded his/her authority as a police officer, used unauthorized force, or acted in violation <br />of the Department's rules and regulations or orders may be filed with the Citizens' Police <br />Complaint Office. In addition, if a complainant alleges that intimidation tactics are being <br />used to impede the filing of a complaint, the complainant shall report this to the Complaint <br />Office and a separate complaint will be filed regarding the new information. Each complaint <br />shall be filed within sixty(60) days of the action giving rise to the complaint, shall be in <br />writing, and shall be signed by the person making the complaint, who shall affirm under the <br />penalties of perjury that the representations contained therein are true. The complaint may <br />be filed in person, by e-mail, by facsimile or through the mail. Additionally, complaints may <br />be filed after the expiration of the sixty(60) day time period where the person making the <br />complaint was under a legal disability during the sixty(60) day time period or where, upon a <br />showing of good and sufficient cause and upon majority vote of the Citizens' Police <br />Complaint Board, a person is permitted to belatedly file a complaint. <br />b) Any individual personally aggrieved by the act or acts complained of may file a complaint. <br />A parent or guardian may file a complaint on behalf of a minor or incompetent individual. A <br />member of the immediate family of a decedent may file a complaint on behalf of the <br />decedent. The Complaint Board may, upon two-thirds (2/3)vote of its members, initiate an <br />action. <br />c) The complaint process shall be accessible to all citizens regardless of race, national origin, <br />ancestry, religion, color, sex, sexual orientation, gender identity, age, language, disability, or <br />United States military service veteran status. <br />Sec. 2-12.2.6—Complaint Office Director; staff.
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