10 Attachment 1 - Independent Police Auditor FunctionIndependent Police Auditor Complaint Process
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ATTACHMENT 1
Purpose: To establish an independent, objective, fair, and transparent review process of citizen
and internal complaints regarding the conduct of sworn Police Department personnel.
Process:
1. Select 4 to 5 qualified professionals to perform the services of an Independent Police
Auditor (IPA) on a rotating basis.
a. The Town issues a Request for Qualifications (RFQ) with the intention of
selecting approximately five consultants. The RFQ process would occur every
five years or on a schedule consistent with the Town’s procurement procedures.
b. Qualifications include, but are not limited to, retired/former City Attorneys
and/or attorneys with expertise in employment law, criminal procedure, and the
Public Safety Officers Procedural Bill of Rights. Retired Police Command Officers
who conduct Police agency investigations as a bona fide business would also be
eligible to apply.
c. Candidates need to demonstrate that they have no connection to the LGMSPD
and its staff; document their ability to work efficiently and effectively to
investigate complaints thoroughly, objectively, and promptly; and prepare
reports of their investigation methods, facts, and findings presented in a
consistent format developed by the Town. All candidates would need to provide
at least three references.
d. The Town Attorney and a Town-designated outside expert [e.g. Judge LaDoris H.
Cordell (ret.)] will review all candidate submittals, determine if interviews are
necessary, conduct the interviews, and select the rotating investigators. The
Chief of Police may review all submittals and provide comments to the Town
Attorney and outside expert for their consideration in the interview and
selection of rotating investigators.
e. The Town will enter into a contract with each investigator in the role of the
Town’s IPA, clarifying that the Town intends to rotate the complaint work to
various investigators to balance workload, ensure independent review, and
maintain timely performance. Work of the investigators is overseen by the Town
Attorney. Investigators will be paid for the work completed to the satisfaction of
the Town. Poor performance in terms of timeliness, thoroughness, or other
factors will result in removal from the list of rotating investigators.
2. Promote the Independent Police Auditor function and the Town’s commitment to
independent, thorough, and fair review of all complaints.
a. Update the online complaint form to ensure it is user friendly and clarify that
complaints are directed to the Independent Police Auditor and not the Police
Department.
b. Move the complaint form from the Police Department website to the Town
Clerk’s website (Maintain a link to complaint form on the Police website for
residents who may navigate to the Police site.)
c. Produce hard copies of the complaint form and make them available at the
Clerk’s Office.
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d. Promote outreach about the complaint form and the complaint process to the
public using social media, print media, flyers, and other methods.
3. Implement a consistent, fair, thorough and independent analysis of all citizen and
internal (Town staff member/Police Department personnel) complaints.
a. All complaints are submitted to the Town Clerk.
b. Complaints will fall under the following classification system:
i. Policy Complaint: A Policy Complaint is defined as a complaint in which a
sworn Officer took action that was in compliance with policies and
procedures, but for which the complainant believes the policy is
inappropriate or invalid. In these cases, there is no indication a complaint
is made specifically against the Officer taking the action.
ii. Conduct Complaint: A Conduct Complaint is defined as a complaint in
which a complainant files an allegation against a sworn Officer, which if
true would indicate the Officer violated (1) any local, state, or federal law
or, (2) any Department policy or procedure, and where such actions could
result in the involved Officer receiving disciplinary action.
iii. Non-Misconduct Concern: After receiving a complaint alleging
misconduct by a sworn Officer, a preliminary investigation by the IPA may
indicate that the allegations did not involve a violation of (1) any local,
state or federal law or, (2) any Department policy or procedures. Such a
complaint will be re-categorized as a Non-Misconduct Concern, meaning
it does not meet the criteria outlined in the definition of a Conduct
Complaint. Recategorizing complaints as Non-Misconduct Concerns
allows the Department to track issues that may indicate a need for
training for sworn personnel and/or community outreach/dialogue.
iv. Exceptional Clearance Complaint: When the initial investigation of a
complaint reveals that the misconduct alleged in the complaint did not
occur, based on immediately available evidence and/or recorded media,
the complaint is categorized as an Exceptional Clearance Complaint. The
investigator completes formal written documentation of the incident
using the designated report format to explain why the case was cleared
exceptionally.
v. Incomplete: A matter in which the complaining party either refuses to
cooperate or becomes unavailable after diligent follow-up investigation.
In such matters, the IPA may further investigate the matter depending on
the seriousness of the complaint. If there is not the availability of
sufficient independent evidence to continue, the complaint will be
classified and found Incomplete
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c. Upon receipt, copies of the complaint are sent to the Town Attorney, Town
Manager, Human Resources Director, and Chief of Police.
i. The Chief of Police will direct the Support Services Captain or designee to
collect all relevant evidence related to the complaint (reports, video
footage, audio recordings, Computer Aided Dispatch printouts, etc.)
ii. The Chief of Police determines if the Officer who is the subject of the
investigation should be placed on administrative leave during the
investigation in consultation with Town Attorney and Human Resources
Director.
d. The Town Attorney selects an investigator from the list of IPA contractors to
conduct an independent investigation into the complaint with any necessary
parameters, such as timeline for completion.
e. The IPA contacts the complaining party (by phone preferably), introducing
himself/herself as the Independent Auditor for this complaint and outlines the
process. This contact is followed by a short letter on his/her own firm’s
letterhead with the same content.
f. After consulting with the Town’s Human Resources Director regarding
appropriate content, the IPA sends formal written notice on his/her own firm’s
letterhead to the affected Officer informing them of the complaint, investigation
process, and other information. All interaction between the IPA and the affected
Officer will occur within the parameters outlined in California Government Code
Section 3300-3312: Public Safety Officers Procedural Bill of Rights Act.
g. The IPA conducts the investigation by interviewing the complaining party, the
Police Officer named in the complaint, and others as appropriate; reviewing
body camera and in-car video; and reviewing other relevant materials.
h. The IPA writes a report, documenting type of complaint, the methods used to
investigate the complaint, the facts pertaining to the complaint, findings
associated with each element of the complaint, and rationale for the findings.
i. The IPA report is submitted to the Town Attorney and Human Resources Director
to ensure the facts support the findings.
j. Once the IPA report meets the approval of the Town Attorney and if any of the
allegations are sustained, it is submitted to the Chief of Police to determine
appropriate discipline.
i. If after reviewing the report and its findings, the Chief of Police disagrees
with the findings, the Town Attorney will consider the Chief’s concerns
and determine if the investigator needs to do additional work to
substantiate the findings.
ii. In the event that professionals disagree on the findings, the Town
Attorney may ask another investigator to evaluate the facts, materials,
and methods and determine its own independent conclusions/findings.
The second IPA analysis must be prepared to the satisfaction of the Town
Attorney consistent with the procedure for the first independent analysis.
If the second IPA report results in a different set of findings, the Town
Attorney will determine which analysis stands.
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iii. The Chief of Police will determine the appropriate discipline for the
Officer based on the findings. Discipline may need to be coordinated with
the Human Resources Director to ensure appropriate appeal/Skelly rights
of the employee
iv. The Chief of Police will notify the Officer of the intended discipline and
offer appropriate appeal rights.
k. The IPA writes a letter on his/her own firm’s letterhead informing the
complaining party of the completion of the investigation and the findings of the
investigation. Confidential information will not be provided.
l. If the allegations are not sustained, the IPA writes a letter on his/her own firm’s
letterhead informing the affected Police Officer of the completion of the
investigation and the findings. Confidential information will not be provided.
m. The IPA writes a brief summary of the complaint (the nature of the complaint
and key “facts” with no names or sensitive information provided), investigation
steps, and findings for inclusion in an annual report to the Town Council and
community regarding the work of the IPA.
4. Provide an Annual IPA Report to the Town Council and the community to foster
transparency and accountability.
a. The Town Attorney compiles the summaries from the IPA investigators into an
Annual IPA Report.
b. The Annual IPA Report is submitted to the Town Council, posted on the Town’s
website, and made available to anyone who requests it. The Mayor may choose
to agendize the report for discussion by the entire Council.
5. Updates to this process may be done as needed by the Town Manager, consistent with
other Town procedures.