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

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(b) After any investigation is returned to the Review Office, the Review Board shall review the investigation conducted by the Department and the action taken or recommended by the Chief, if any. If no investigation is conducted, or if the Review Board does not agree with the action taken or recommended by the Chief, or if the Review Board disagrees with the investigation conducted by the Department, the Review Board will notify the Officer or Officers alleged to have been involved in the complained of incident of the date of the incident. The Review Board may then, by majority vote: (1) Order the Director to investigate the allegations of the Complaint; (2) Conduct an informal administrative hearing on the Complaint; or (3) Order the Director to engage in a process of informal mediation to attempt to resolve the Complaint. (c) If the Review Board determines to hold a hearing, the Review Office shall give written notice to all parties and witnesses at least fifteen (15) days in advance of the scheduled hearing. All parties shall be informed of the right to have legal counsel, or other representative or advocate, to represent the party at the hearing. All testimony at such hearing shall be recorded and given under oath or under penalty of perjury. (d) Upon the completion of the investigation by the Review Office or after a hearing, the Review Board shall make a disposition regarding the Complaint. The disposition shall be one (1) or more of the following: (1) Not sustained (when there is insufficient evidence to prove the allegation(s) made in the Complaint by a preponderance of the evidence); (2) Sustained (when there is sufficient evidence to prove the allegation(s) made in the Complaint by the preponderance of the evidence); (3) Exonerated (when the allegation(s) made in the Complaint are false or not factual, or the conduct complained of was lawful and proper); and/or (4) Withdrawn (when the Complainant requests that no further action be taken on the case). If the Review Board determines that an Officer is exonerated because the Complaint is knowingly and intentionally false, the Review Board shall refer the matter to the St. Joseph County Indiana Prosecutor's office for consideration of charges for perjury, false reporting or similar crime under Ind.Code 35-44.1-2-1 et seq.. The disposition must be made within sixty (60) working days after the Department's investigation, if any, is returned to the Review Office or after the conclusion of the investigation conducted by the Director pursuant to subsection (a) of this section. (e) The findings and disposition of the Review Board shall be communicated to the Common Council, the Mayor, and the Complainant in writing within ten (10) days of the date of the disposition. (f) Any disciplinary action taken against an Officer due to his or her involvement in an incident which resulted in a Complaint being filed with the Review Office shall be communicated to the Common Council and the Review Board for disclosure to the Complainant and the public within ten (10) days after the disciplinary action is imposed.