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3.21.160 Hearing Appeals.

(Amended by Ordinance No. 185076, effective December 14, 2011.)

A.  An Appeal Hearing shall be conducted after a majority vote of the Committee to hold such a hearing at the case file review or other meeting of the full Committee.

1.  At the Appeal Hearing the Committee shall decide by majority vote:

a.  To recommend further investigation by IAD or IPR; or

b.  If the finding is supported by the evidence. In a case where the majority of the voting members of the Committee affirms that the Bureau’s recommended findings are supported by the evidence, the Director shall close the complaint; or

c.  If the finding is not supported by the evidence.  In a case where a majority of the voting members of the Committee challenges one or more of the Bureau’s recommended findings by determining that one or more of the findings is not supported by the evidence, and recommends a different finding, the Director shall formally advise the Bureau in writing of the Committee recommendation.

(1)  If the Bureau accepts the recommendation, the Bureau shall formally advise the Director in writing, and the Director shall close the case.

(2)  If the Bureau does not accept the recommendation, the Bureau shall formally advise the Director in writing, and the Director shall schedule the case for a conference hearing.

(a)  At the conference hearing, if the Committee, by a majority vote, is able to reach an agreement with the Bureau on the recommended findings, the Director shall close the case.

(b)  If, by majority vote, the Committee can not reach an agreement with the Bureau on the recommended findings, the Committee shall vote whether to present the appeal to City Council.

(c)  If, by majority vote, the Committee decides to present the appeal to City Council, the Director and the Committee Chair will schedule an appeal hearing before City Council. The Committee shall appoint one of its members to present its recommended findings during the appeal to City Council.

2.  In its hearing the Council shall decide:

a.  If the finding is supported by the evidence. The Director shall inform the complainant, member, IAD and the Chief of the Council's decision and close the complaint; or

b.  If the finding is not supported by the evidence.  The Council shall decide what the finding is.  The Director shall inform the complainant, member, IAD and the Chief of the Council's decision and close the complaint.

B.  In reviewing the investigation, the Committee may examine the appeal form and any supporting documents, the file and report of the IAD and IPR, and any documents accumulated during the investigation and may listen to the tape recordings of the witnesses produced by IPR and IAD.  The Committee may receive any oral or written statements volunteered by the complainant or the member or other officers involved or any other citizen.  The complainant or member may appear with counsel.  When the Committee’s review process develops new information, the Committee may consider the new information when determining if additional investigation is warranted, but the Committee may not incorporate the new information in the evidentiary record the Committee considers when determining if a finding is supported by the evidence.

C.   In reviewing the investigation, the Council may examine the appeal form and any supporting documents, the file and report of the IAD and IPR, any documents accumulated during the investigation, the recording of the Committee’s case file review and appeal hearing, the Committee’s Case File review Worksheet, and may listen to the tape recordings of the witnesses produced by IPR and IAD. The Council may receive any oral or written statements volunteered by the complainant or the member about whether or not they believe the finding is or is not supported by the evidence in the record.  No new evidence may be introduced in the hearing. The complainant or member may appear with counsel.

D.  Witnesses. 

1.  The Committee and Council may require within its scope of review the investigators and Commander of IAD and the Director to appear and answer questions regarding the investigation and may also require the responsible Bureau Commander to answer questions regarding the basis and the rationale for a particular decision.

2.  Other Witnesses.  Other witnesses shall not be required to appear involuntarily before the Committee. 

3.  Council may utilize the full powers granted by Section 2-109 of the Charter, including the power to compel the attendance and testimony of witnesses, administer oaths and to compel the production of documents and other evidence.  The power to compel the attendance and testimony of witnesses in accordance with City Code Section 3.21.160 D.3. shall not be delegated by the Council to the Committee.