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HomeMy WebLinkAbout12-20 Amending Chapter 2 of the South Bend Municipal Code 11111IIII ,,� ts" �tial\; City of South Bend (574)235-9321 ••,sic, ,.�; Fax(574)235-9173 Ux' 235-5567 PEACE� �= Common Council TDD(574) Z/: http://www.southbendin.gov ' � 441 County-City Building• 227 W.Jefferson Blvd South Bend' Indiana 46601 , _I865 .; MAR 18 2020 Tim Scott South Bend Common Council March 18, 2020 President 4th Floor, County-City Building South Bend, IN 46601 Karen L. White Vice-President Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADDING ARTICLE 1,DIVISION 2, SECTIONS Sharon L. McBride 2-12.2.1 TO AND INCLUDING 2-12.2.9 OF CHAPTER 2 OF THE SOUTH Chairperson,Committee BEND MUNICIPAL CODE TO CREATE A CITIZENS' POLICE of the Whole COMPLAINT BOARD AND PROCEDURES GOVERNING THE BOARD. Tim Scott Dear Council Members: First District Henry Davis,Jr. After several years of discussion within the community, we believe that recent Second District events require immediate action. We are therefore filing a proposed ordinance creating a Citizens' Police Complaint Board and procedures governing that Board. Sharon L. McBride This ordinance creates a nine(9)member board with members appointed by the Third District Common Council and representing each district. Troy Warner The purpose of the Board is to provide an additional just and efficient means to Fourth District fairly and timely conduct investigations of alleged police misconduct,to reach an independent determination of whether the allegations are supported„and to make Jake Teshka recommendations based on the evidence gained through those investigations. Fifth District Sheila Niezgodski We ask that this proposed ordinance be scheduled for first reading at the Council's Sixth District meeting on March 23,2020 and the assigned to the Council's Community Relations Committee. Karen L.White At Large Thank you for your attention to this very important matter. We look forward to your support. Rachel Tomas Morgan Sincerely yours, At Large Lori K. Hamann At Large Henry Davis,Jr. South Bend Common Council, S-c (2nd - t . t( p or) ori . Hamann, South Bend Common Council, At Large C ponsor) Karen L.White, South Bend Common Council, At Large(Co-Sponsor) MAR 18 2020 BILL NO. 12-20 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADDING ARTICLE 1, DIVISION 2, SECTIONS 2-12.2.1 TO AND INCLUDING 2-12.2.9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A CITIZENS' POLICE COMPLAINT BOARD AND PROCEDURES GOVERNING THE BOARD. STATEMENT OF PURPOSE AND INTENT_ The need to create a Citizens' Advisory Board to provide citizens' perspectives to alleged police misconduct has been discussed in South Bend for years. The need is more apparent now than ever before. This ordinance creates a Citizens' Police Complaint Board composed of members appointed by the South Bend Common Council. The purpose of the Board is to provide an additional just and efficient means to fairly and timely conduct investigations of alleged police misconduct, to reach an independent determination of whether the allegations are supported„ and to make recommendations based on the evidence gained through those investigations. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. ARTICLE 1, Division 2 entitled"CITIZENS' POLICE COMPLAINT BOARD" is added to Chapter 2, together with the following sections to read as follows: Chapter 2,Article 1, Division 2- CITIZENS' POLICE COMPLAINT BOARD Sec. 2-12.2.1 - Purpose. The purpose of the Citizens' Police Complaint Board is to provide an additional just and efficient means to fairly and timely conduct investigations of alleged police misconduct and to reach its independent determinations of whether those allegations are well founded applying a preponderance of the evidence standard; to identify and address patterns of police misconduct; and, based on information obtained through such investigations, to make policy recommendations to improve the South Bend Police Department and reduce incidents of police misconduct. Sec. 2-12.2.2 —Citizens' Police Complaint Board established; election process; terms. (a) The Citizens' Police Complaint Board is established, and shall be composed of nine(9) voting members, two (2) ex-officio, non-voting police advisory members, and one(1) ex- officio, non-voting rank-and-file consulting member to be selected as follows: (1) All voting members shall be citizens who are residents of the City. No sworn law enforcement officer is eligible to serve as a voting member of the Board. Voting members may be selected from nominees submitted by each member of the South Bend Common Council. No Council Member may nominate more than three(3) candidates for appointment to the Board. There must be at least one (1) voting member from each City Councilmanic district. (2) Each non-voting police advisory member shall be nominated by the South Bend Chief of Police, with the Police Chief nominating at least three (3) persons for each position. (3) The Common Council shall appoint each voting and non-voting board member with each having a one (1) year term or until their successors are appointed, but for no longer than sixty(60) days beyond the expiration of their term. Each member may be reappointed to a one(1) year term but may serve no more than three(3) consecutive terms on the board. (4) If a member is unable to complete a term for any reason, a new member shall be appointed by the Common Council. Such new member shall then be eligible to be reappointed for no more than two (2) additional full consecutive terms, if the member has served eighteen(18) months or more of the original term, and no more than three (3) additional full consecutive terms, if the member has served less than eighteen (18) months of the original term. (5) The two (2) ex-officio, non-voting police members of the board shall: a. Have been members of the South Bend Police Department for more than seven (7) years; b. Have participated in ethics training; c. Have strong community relations experience; d. Be of the rank no higher than sergeant, preferably a patrolman; and (6) The one(1) ex-officio, non-voting rank-and-file consulting member shall be nominated by the Fraternal Order of Police and shall serve a one-year term ending on December 31 of the year of appointment. (b) All members shall serve at the pleasure of the Common Council. Sec. 2-12.2.3—Complaint Board officers, quorum, attendance, and training. (a) The voting members shall select one (1) voting member to serve as president of the Complaint Board. (b) Five (5)voting members of the Complaint Board shall constitute a quorum for the purpose of conducting business, and five(5)voting members must vote in favor of any item before any action or disposition can be taken. (c) All voting and ex-officio Complaint Board members must attend a minimum of seventy- five(75)percent of the meetings. The Common Council may replace any member who fails to meet this attendance requirement within sixty(60) days of written notice of failure to meet this attendance standard. (d) All voting members of the Complaint Board must accompany an on-duty officer of the South Bend Police Department for a minimum of twelve(12)hours per year, and for a minimum of four(4)hours per occasion, in order to observe police procedures first(1St) hand. The Common Council may replace any member who fails to meet this requirement after written notice to the member of such failure. Sec. 2-12.2.4—Complaint Board duties. The Citizens' Police Complaint Board shall meet as often as necessary to consider all complaints which it deems appropriate to process and review, but no less than quarterly. The Complaint Board shall set rules for its governance and shall establish its procedures for processing complaints and for ensuring notification to citizens of the status and disposition of their complaints. Sec. 2-12.2.5—Establishment of Citizens' Police Complaint Office. (a) The Citizens' Police Complaint Office is hereby established. Any complaint of a citizen against an officer of the South Bend Police Department alleging that the officer used profane and abusive language or intentionally destroyed or damaged real or personal property, exceeded his/her authority as a police officer, used unauthorized force, or acted in violation of the Department's rules and regulations or orders may be filed with the Citizens' Police Complaint 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 Complaint Office and a separate complaint will be filed regarding the new information. Each complaint shall be filed within sixty(60) days of the action giving rise to the complaint, shall be in writing, and shall be signed by the person making the complaint, who shall 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 under a legal disability during the sixty(60) day time period or where, upon a showing of good and sufficient cause and upon majority vote of the Citizens' Police Complaint Board, a person is permitted to belatedly file a complaint. (b) 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 incompetent individual. A member of the immediate family of a decedent may file a complaint on behalf of the decedent. The Complaint Board may, upon two-thirds (2/3)vote of its members, initiate an action. (c) The complaint process shall be accessible to all citizens regardless of race, national origin, ancestry, religion, color, sex, sexual orientation, gender identity, age, language, disability, or United States military service veteran status. Sec. 2-12.2.6—Complaint Office Director; staff. (a) The Common Council shall appoint a full-time director of the Citizens' Police Complaint Office. The director shall be supervised by the citizen's Complaint Board and be subject to review and evaluation by Common Council. The duties of the director shall include: (1) Managing the Citizens' Police Complaint Office, including its staff; and (2) Enhancing communications and good will between the police and the citizenry. (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 division. 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 and legal counsel, if the City Corporation Counsel is not available, to aid in the investigation of complaints filed with or processed by the Office. (d) The director shall be in regular communication with the Chief of the South Bend Police Department and may make recommendations to the Chief concerning matters of conduct and recurring issues that are processed by the Citizens' Police Complaint Office. The director shall also provide periodic reports for publication in the Police Department's annual report. (d) Staffing and budget recommendations for the Citizens' Police Complaint Office shall be made by the director in consultation with the Mayor or the Mayor's designee and the Citizens' Police Complaint Board. (f) On a quarterly basis, the director shall forward a report of each Complaint Board member's attendance and each voting member's training, as required by Sec. 2-12.2.2(d), to the Common Council, the Public Safety Director, and the Chief of the South Bend Police Department. Sec. 2-12.2.7. - 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 of the South Bend Police Department or the Chiefs designee. In addition, the officer or officers alleged to be involved in the incident shall be notified of the date of the incident and given a copy of the complaint. After the filing of a complaint, the Complaint Board shall table its own investigation for a period of sixty(60) 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; however, if deemed appropriate or necessary, the Complaint Board may order the director to conduct an independent simultaneous investigation before the end of the investigation conducted by the department. Such action must be authorized by a three- fourths (3/4) vote of the entire Complaint Board. (b) When the investigation is returned to the Citizens' Police Complaint Office, the Complaint Board shall review the investigation conducted by the department and the action taken by the Chief, if any. If the Complaint Board does not agree with the action taken by the Chief or the investigation conducted by the department, the Complaint Board may, by majority vote: (1) Order the director to conduct an investigation into the allegations of the complaint; (2) Conduct an informal administrative hearing on the complaint; and (3) Order the director to engage in a process of informal mediation to attempt to resolve the complaint. (c) If the Complaint Board determines to hold a hearing, the Complaint Office shall give written notice to all parties and witnesses at least fifteen(15) days in advance of the scheduled hearing. All testimony at such hearing shall be given under oath and under penalty of perjury. (d) Upon the completion of the investigation by the Complaint Office or after the hearing, the Complaint 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 clear and convincing 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 made in the complaint is 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). The disposition must be made within sixty (60) working days after the Department's investigation is returned to the Complaint 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 Complaint Board shall be communicated to the Common Council, the Board of Public Safety and the Police Chief in writing within ten(10) days of the date of the disposition. (0 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 complaint office shall be communicated to the Complaint Board for disclosure to the public within ten (10) days after the disciplinary action is imposed. (g) If no disciplinary action is taken, the Complaint 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. Sec. 2-12.2.8-Subpoena powers. For purposes of conducting an investigation or hearing, the Complaint Board shall have the power 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.. The power of the Complaint Board to issue subpoenas shall be enforceable by the St. Joseph County Circuit or Superior Court. Sec. 2-12.2.9-Access to Board by officers; participation of officers. (a) Any officer subpoenaed to appear before the Complaint Board may be represented by an attorney. (b) Police officers shall have access to the complaint process to defend their actions,both during the investigatory and hearing processes. (c) Police officers shall be required to cooperate with the Complaint Board as an investigation is conducted, subject to their constitutional rights. 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. Tim Scott, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2020, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana