CITIZEN REVIEW COMMITTEE (CRC) - INDEPENDENT POLICE REVIEW CASE FILE REVIEW MEETING PROTOCOL
Administrative Rule Adopted by Auditor's Office Pursuant to Rule-Making Authority
ARB-PSF-5.11
1. To increase efficiency in the timely resolution of appeals, CRC will conduct a Case File Review to ensure that all information necessary to hear an appeal is gathered and has been reviewed. In no case is a Case File Review to be conducted in order to dismiss a matter prior to hearing the appeal.
2. Prior to the Case File Review, each CRC member will review both the IPR and CRC case files. Any questions or concerns arising from this review will be promptly brought to the attention of IAD or IPR as appropriate, so that a response may be made to the full CRC during the Case File Review.
3. The Case File Review of a pending appeal will be scheduled at least one month before an appeal hearing is scheduled. At the beginning of each Case File Review the Chair will briefly outline the allegations, PPB findings, and note that all CRC members have reviewed IPR & IAD's files. The Chair will explain that CRC is not here to deliberate the substance of the allegations, but has convened to ask questions about the investigation and material in the file to ensure completeness and readiness for an appeal hearing.
4. At the Case File Review, the IPR Director and the IAD Captain or their respective designees shall briefly explain what investigation was done and what materials were made available for CRC to review. IPR and IAD should address questions or issues raised individually by CRC members during their review of the case files.
5. If, at the conclusion of the Case File Review, CRC believes it has all information necessary to conduct the appeal hearing, a vote shall be taken to schedule the appeal hearing.
6. If the CRC members believe more information is necessary prior to an appeal hearing being conducted, the members shall state what additional information or investigation is requested and put this to a vote. If multiple referrals for further investigation are made by multiple members, attention to which member sought which piece of information should be made and noted for tracking purposes. Only those matters receiving a majority vote from CRC need be considered by IPR and/or IAD, although nothing in this protocol is intended to prevent further investigation or information gathering.
7. Absent extraordinary circumstances, results from further investigation should be made available at least one week prior to the next regularly scheduled CRC meeting where the Case File Review will be continued, or the appeal will be heard.
HISTORY
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Submitted for inclusion in PPD October 23, 2002.
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Originally published as CRC PROTOCOL NO. 02-11, approved by IPR Citizen Review Committee, effective September 3, 2002.
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Amended by CRC on March 18, 2003 to include provisions allowing the CRC to recommend changing a declination to a service complaint and to add a debriefing to an investigation finding at the pre-hearing level. Also amended to allow an appellant to address the committee when such a motion is made. Also amended to include a provision for the CRC Chair to verify that the appellant is aware of the consequences of a CRC motion.
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Vacated by CRC on June 21, 2003.
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Interim Protocol adopted by CRC on December 16, 2003.
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Interim Protocol amended on January 17, 2003 by permitting comment by involved parties at the beginning of the hearing.
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Interim Protocol adopted as final by CRC on February 17, 2004. Pre-hearing statement amended to advise involved parties of their right to be heard at the beginning of the hearing. Involved party statements move to be heard by the committee after the presentation of the IPR work paper.
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Protocol repealed by CRC and deleted from PPD by City Auditor on August 14, 2007.
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Protocol rewritten and approved by CRC August 11, 2010. Case File Review Meeting Protocol replaces in its entirety its deleted predecessor (Pre-Hearing Protocol).
