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

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(g) If no disciplinary action is taken, the Review Board shall be informed of that fact with an explanation of the reasons for that determination in a written response within ten (10) days after the determination is made. The written response shall be communicated to the Common Council and the Review Board for disclosure to the Complainant and the public within ten (10) days. Sec. 2-12.2.9 -Subpoena requests. For purposes of conducting an investigation or hearing, the Review Board may, by a majority vote of all Members, request the Common Council, through the Chairperson of the Common Council's Community Relations Standing Committee, to subpoena witnesses and documents, except those documents relating to ongoing criminal investigations, including such public records as are deemed subject to disclosure under the provisions of Ind.Code 5-14-3-3 et seq.. Any such request will be discussed by the Common Council in Executive Session pursuant to Ind.Code 5-14-1.5-6.1(b)(6). At the next subsequent full Common Council meeting following the Executive Session, special or regular, any Common Council member, under the "Special Business" Agenda item, may make a motion for the Common Council to continue the Review Board's investigation by issuing the requested subpoenas. If no such motion is made, or if such a motion is defeated, the request for subpoenas shall be deemed denied but the Review Board's investigation may otherwise continue. If such motion is made and passed by a majority vote of the entire Common Council, the requested subpoenas will be issued pursuant to Ind.Code 36-4- 6-21 and South Bend Municipal Code Section 2-2(i). This power to issue subpoenas shall be enforceable by the St. Joseph County Circuit or Superior Court pursuant to Ind.Code 36-4-6-21. Sec. 2-12.2.10 - Access to Community Police Review Board by Officers; participation of Officers. (a) Any Officer subpoenaed to appear before the Review Board may be represented by legal counsel or other representative or advocate. (b) Officers shall have access to the Complaint process to defend their actions, both during the investigatory and hearing processes. (c) Officers shall be required to cooperate with the Review Board and Review Office as an investigation is conducted, subject to their Federal and State constitutional rights. Sec. 2-12.2.11 Severability If any section, subsection, paragraph, sentence, clause, or phrase in this Ordinance is judicially determined to be invalid or ineffective by any court of competent jurisdiction, such determination shall not affect the validity or effectiveness of the remaining portions of the Ordinance SECTION II. This Ordinance shall be in full force and effect after its passage by the Common Council, approval by the Mayor, and publication as required by law.