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

Home Browse Search

(a) The Review Board shall meet as often as necessary to consider all complaints which it deems appropriate to process and review, but no less than bi-monthly. The Review Board shall set rules for its governance and shall establish its procedures for processing complaints and for ensuring notification to Complainants of the status and disposition of their complaints. (b) If a majority of the Review Board determines that additional information of a specialized police nature is necessary to process a complaint, the Review Board shall consult with one or more consultants of its choice. Sec. 2-12.2.6 — Establishment of Community Police Review Office. (a) The Community Police Review Office is hereby established. Any Complaint against an Officer of the Department alleging that the Officer used profane or abusive language, intentionally destroyed or damaged real or personal property, exceeded his/her authority as a police officer, used unauthorized force, acted in violation of the Department's rules and regulations or orders, or any other perceived misconduct may be filed with the Review 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 Review Office and a separate Complaint will be filed regarding the new information. Each Complaint shall be filed within sixty (60) days of the alleged misconduct giving rise to the Complaint and shall be in writing. Unless the Complainant specifically requests that the Complaint remain anonymous in accordance with subsection (b) of this section, the Complaint, shall be signed by the Person making the Complaint, who shall verify or 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 an Incapacitated Person during the sixty (60) day time period or where, upon a showing of good and sufficient cause and upon majority vote of the Review Board, a Person is permitted to belatedly file a Complaint. (b) Anonymous Complaints will be accepted when specifically requested by the Complainant. Anonymous Complaints will be investigated to the extent that sufficient information is provided. However, if the Complainant does not provide contact information, the investigators will be unable to ask follow-up questions that might be needed for a thorough, complete investigation. (c) 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 an incapacitated person. A member of the Immediate Family of a decedent may file a Complaint on behalf of the decedent. The Review Board may, upon a majority vote of its members, initiate an action. (d) The complaint process shall be accessible to all persons regardless of race, national origin, ancestry, religion, color, sex, sexual orientation, gender identity, age, language, disability, immigration status or United States military service veteran status. No Member of the Review Board or the Review Office will ever request information about a Complainant's or a witness's immigration status. Sec. 2-12.2.7 — Review Office Director; staff.