Chapter 4.26
Citizens’ Review Commission

Sections:

4.26.010 Creation.

4.26.020 Composition.

4.26.030 Terms of Members.

4.26.040 Criteria for Membership.

4.26.050 Quorum.

4.26.060 Duties.

4.26.070 Complaint Procedures – Police Procedure Issues.

4.26.080 Complaint Procedures – Alleged Misconduct Issues.

4.26.090 Staffing.

4.26.100 Annual Report.

4.26.110 Dissolution of Citizens Review Panel.

4.26.010 Creation.

A new commission is created to take the place of the existing citizens review panel. This new commission is called the citizens’ review commission.

[Ord. C32067 § 1; Passed: 1/21/1998]

4.26.020 Composition.

The citizens’ review commission is composed of seven members, nominated by the mayor and appointed by the city council as follows:

A.  one retired judge, retired court commissioner, or retired magistrate to bring a perspective from the legal system,

B.  one qualified member from a list of at least two names submitted by the Police Guild, neither of whom may be current City employees,

C.  one qualified member from a list of at least two names submitted by the Police Lieutenants and Captains Association, neither of whom may be current City employees, and

D.  four citizens at large who should represent the diversity of our community.

[Ord. C32750; Passed: 12/4/2000]

4.26.030 Terms of Members.

Initially three members are appointed to terms ending December 31, 1996, and the other four are appointed to terms ending December 31, 1998. Thereafter terms are for four years. Initial terms are chosen at random.

[Ord. C32067 § 1; Passed: 12/22/1997]

4.26.040 Criteria for Membership.

Applicants for membership on the commission must meet the following criteria:

A.  The applicant must have been a resident of the City of Spokane for the preceding four years by the time the appointment becomes effective.

B.  A police background check will be completed on the applicant and his or her immediate family. The background check must show no significant criminal history.

C.  The applicant must agree to the necessary time commitment and must agree to represent the general public.

D.  The appointee must undergo a training program of up to sixteen hours in police and commission procedures and must do one ride-along with police. For those appointees who have completed or are attending the recommended citizens academy, the training and ride-along requirements are waived but they must attend the commission procedures orientation. This orientation is planned by the public safety committee of the city council.

E.  The appointee must sign a contract with the City which recognizes the confidentiality of certain material. An appointee is subject to the prohibition on disclosure of confidential information contained in RCW 42.23.070. The contract will state that police officers have a right of privacy in nondisclosure and that the appointee will agree to indemnify and defend the City for any intentional invasion of the officer’s privacy.

[Ord. C32067 § 1; Passed: 12/22/1997]

4.26.050 Quorum.

A.  To conduct business a quorum must be present of no fewer than five members.

B.  Action is taken by simple majority vote.

[Ord. C32067 § 1; Passed: 12/22/1997]

4.26.060 Duties.

A.  The commission will monitor trends in the police department based upon data provided by or requested from the police department or other verifiable sources, using the following procedures.

1.   Trend analysis reports will be submitted to the commission by the police department;

2.   The commission may request additional data from the police department;

3.   The commission may gather data from other verifiable sources;

4.   Conclusions, recommendations and analyses will be submitted to the mayor and the public safety committee of the city council and to other members of the city council upon request. The public safety committee will be the liaison between the city council and the commission.

5.   The public safety committee will instruct the commission on the conditions and criteria for trend monitoring.

B.  The commission will also review complaints that could involve allegations of misconduct brought forth after processing by the police chief and his or her office. By Charter, only the city manager or his designee may discipline employees and the commission will not be involved in the disciplinary processes, nor can it change any disciplinary dispositions which the chief has made. When reviewing citizen complaints involving alleged misconduct the function of the commission is to determine whether the department’s investigation of the allegation(s) was thorough and objective. The function of the commission is not to alter the Charter-, civil service-, or negotiation-based disciplinary processes.

[Ord. C32755; Passed: 12/4/2000]

4.26.070 Complaint Procedures – Police Procedure Issues.

A.  Complaints regarding the police department will be categorized by the department as relating either to police procedures or alleged misconduct.

1.   Complaints regarding police procedure are referred to the police advisory board and are not heard by the citizens’ review commission.

2.   A misconduct complaint is one involving any allegation which, if substantiated, could lead to disciplinary action against an individual member of the department.

B.  Allegations regarding department practices are procedure matters, not allegations of officer misconduct.

[Ord. C32067 § 1; Passed: 12/22/1997]

4.26.080 Complaint Procedures – Alleged Misconduct Issues.

Complaints of such a nature as described in SMC 4.26.070(A)(2), if substantiated, could lead to a disciplinary action and may come to the commission in the following manner:

A.  The complaint is first processed by the office of the chief of police and the police department. The complainant is sent a copy of the complaint procedures under this chapter.

B.  If the chief’s determination on the allegation of misconduct was not adverse to the accused officer, the citizen can file a “request for review” with the commission within thirty (30) days of the date of the chief’s determination. Citizens should be aware that this process does not preclude any other remedy.

C.  The commission members receive a copy of the citizen complaint and a report from the police chief’s office. This report will be accompanied by a copy of the departments’ complete record upon which the chief’s decision was based, and shall be subjected to all applicable laws governing privacy rights and the protection of confidential law enforcement investigative materials.

D.  The commission schedules a hearing with the complainant. All hearings are to be conducted in executive session pursuant to the Open Public Meetings Act, RCW 42.30.110(f), which exempts the receipt and evaluation of complaints against public employees from the requirements of an open public meeting, unless the employee so requests.

E.  At the hearing:

1.   The complainant presents his or her complaint and a police department representative presents the perspective of the chief’s office.

2.   The commission may question both the complainant and the department representative.

a.   All discussion and questions shall be channeled through the commission.

b.   Presentations are made by the complainant and the department representative only, with the following exceptions:

i.  The parent or legal guardian of a minor child will be present and may assist the minor in representing his or her complaint.

ii. The City will provide assistance in providing a qualified interpreter and assistance to any person who is hearing and/or speech impaired.

3.   After this hearing the commission meets in executive session to deliberate for the purpose of deciding whether the department’s investigation of the complaint was thorough and objective. The commission shall determine whether:

a.   the complaint involves an allegation of misconduct;

b.   the department’s investigation was thorough and objective;

c.   new information has been brought forward which should be considered by the chief;

d.   the case merits further review by the public safety committee of the city council if the commission has determined that the investigation was not thorough and objective.

e.   In addition, the commission may recommend that certain policies and procedures of the police department should be reviewed by the chief and the police advisory board.

4.   The commission’s decision is based upon and limited to the record. The commission’s findings and recommendations shall be in writing. The commission shall forward the complaint and its decision to the public safety committee of the city council, the chief of police, the complainant, the city attorney’s office, and the collective bargaining unit(s) of the accused officer(s).

5.   The commission issues its decision within thirty calendar days if no new material evidence is produced at the hearing.

6.   If the commission comes upon evidence that was not in the possession of the chief of police at the time the chief made the earlier determination, that new evidence shall be forwarded to the chief for further investigation. The chief will thereafter reconsider the earlier decision. Any further disciplinary action must be based solely upon newly discovered evidence. If the chief, upon reinvestigation and reconsideration, does not take disciplinary action pursuant to this section, then the accused officer(s) may not be subject to further discipline arising out of the complaint. If the chief reconfirms the earlier decision after consideration of the new evidence, the matter shall be resubmitted by the chief to the commission for final deliberation consistent with the procedures in subsection (E)(3) of this section.

F.  If the commission hearing fails to develop additional material evidence of wrongdoing on the part of the accused officers(s), then no further discipline may thereafter be taken against the officer(s).

G.  The commission may adopt operating procedures for the operation of the committee which must be submitted to the public safety committee for approval and which may not alter the intent or scope of this chapter.

[Ord. C32067 § 1; Passed: 12/22/1997]

4.26.090 Staffing.

The citizens’ review commission will continue with the staff presently serving the citizens review panel.

[Ord. C32067 § 1; Passed: 12/22/1997]

4.26.100 Annual Report.

The commission makes annual reports to the city council detailing its activities for the previous year.

[Ord. C32067 § 1; Passed: 12/22/1997]

4.26.110 Dissolution of Citizens Review Panel.

Upon creation of the citizens’ review commission, the citizens review panel is dissolved.

[Ord. C32067 § 1; Passed: 12/22/1997]