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

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(a) The Mayor, pursuant to Ind.Code 36-4-4-3 and Ind.Code 36-4-4-4, with the consultation of the Common Council, shall appoint a full-time Director of the Review Office. The Director shall be supervised and be subject to review and evaluation by the Mayor and the Common Council. The duties of the Director shall include: (1) Managing the Review Office, including its staff; (2) Enhancing communications and good will between the police and residents; (3) Maintaining records, confidential or otherwise, of all Complaints, proceedings thereon, and dispositions thereof, in the Office of the City Clerk with the Clerk providing necessary administrative support. (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 Review Office. 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, consultants, and legal counsel, if the City Corporation Legal Counsel is not available, to aid in the investigation of Complaints filed with or processed by the Review Office. (d) The Director shall be in regular communication with the Chief and shall make quarterly reports to the Common Council and the Mayor concerning matters of conduct and recurring issues that are processed by the Review Office. The Director shall also provide periodic reports for publication in the Department's annual report. (e) The Director shall conduct a yearly audit of the number of Complaints filed and resolution thereof and forward that audit to the Chairperson of the Common Council's Community Relations Standing Committee. (f) Staffing and budget recommendations for the Review Office shall be made by the Director in consultation with the Common Council and the Review Board. (g) On a quarterly basis, the Director shall forward a report of each Review Board Member's attendance and each Member's training, as required by Sec. 2-12.2.2(d) of the South Bend Municipal Code, to the Common Council and the Mayor. Sec. 2-12.2.8. - 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 or the Chiefs designee. The Review Board shall table its own investigation for a period of thirty (30) 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, stating the specific reasons therefore; however, if deemed appropriate or necessary, the Review Board may order the Director to conduct an independent simultaneous investigation before the end of the investigation conducted by the Department when such an extension is granted. Such action must be authorized by a majority vote of the entire Review Board.