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HomeMy WebLinkAboutORD870Defeated by voters at Special Election of March 15, 1994. ORDINANCE NO.870 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 2 MAYOR AND COUNCIL BY ADDING ARTICLE 2-20 CITIZEN REVIEW BOARD; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That City Code Chapter 2 MAYOR AND COUNCIL be amended by adding Article 2-20 CITIZEN REVIEW BOARD,Sections 2-20-1 through 2-20-6 to read as follows: ARTICLE 2-20 CITIZEN REVIEW BOARD 2-20-1 Purpose and Intent 2-20-2 Definitions 2-20-3 Citizen Review Board Established 2-20-4 Duties and Functions 2-20-5 Limitations of Powers 2-20-6 Citizen Complaints Sec.2-20-1 Purpose and Intent It is the purpose and intent of this article to create a Citizen Review Board which shall consult and advise the Chief of Police through the City Manager regarding police policies and procedures. This Board shall promote and encourage open communication and cooperation between the police department and the community.I t is further intended that this Board shall function as a means of community participation in recommending and reviewing policies,procedures and programs designed to make law enforcement sensitive,effective and responsive to the needs of the community. Sec.20-2-2 Definitions In this article,unless the context otherwise requires: A."Chief of Police"shall mean the Director of Public Safety of the City of Apache Junction. B."Citizen Complaint Form"means the form prepared and used by the Apache Junction Police Department for accepting external complaints lodged by citizens pursuant to the Apache Junction Police Department Policies and Procedures Manual. ORDINANCE NO.870 PAGE ONE OF SEVEN Defeated by voters at Special Election of March 15, 1994. C."City"means the City of Apache Junction,Arizona. D."City Manager"means the City Manager of the City of Apache Junction. E."Confidentiality of Information"and/or "Confidential Information" means information which is protected by either federal or state law from becoming public information.This includes information protected by A.R.S.§41-1750,as well as subpart B of the federal regulations,28 CFR 20,as amended.This term does not include information which is disclosable or has been disclosed by court order,subpoena,the Arizona Rules of Civil Procedure,the Arizona Rules of Criminal Procedure and/or the public records laws of the State of Arizona. F."Extent of Discipline" shall mean the disciplinary action taken with respect to a sustained complaint pursuant to Section 5.17 of the Apache Junction Police Department Policies and Procedures Manual,as amended. G."Findings"shall mean the classification of a complaint inves- tigation as promulgated by Section 5.37(E)(4)of the Apache Junction Police Department Policies and Procedures Manual,as amended,as may be established and assigned to said citizen complaint investigation by the police department. H."Police Department"means the Department of Public Safety of the City of Apache Junction. I ."Police Policies and Procedures"and/or uPolice Department Policies and Procedures"shall mean the policies,procedures,forms and guidelines as contained in the Apache Junction Police Department Policies and Procedures Manual;any General Orders of the police department;any manual of the police department;any Special Order of the police department;and any training manual,policy,form, guideline,other order or form of order of the police department. J."Qualified Elector"shall mean any person meeting the requirements of A.R.S.§16-121 and whose registered residency is within the municipal limits of the City of Apache Junction. K."Type of Complaints"means a class,kind or group of citizen complaints set apart by common characteristics,as established by the Apache Junction Police Department. ORDINANCE NO.870 PAGE TWO OF SEVEN Defeated by voters at Special Election of March 15, 1994. Sec.2-20-3 Citizen Review Board Established A.There is hereby created a Citizen Review Board consisting of seven (7)voting members and three (3)ex officio,non -voting members. The seven (7)voting members shall be appointed by the Council. These appointments shall be for a period of three (3)years,unless sooner removed by the Council,either with or without cause.The terms of the members shall be so that the terms of no more than three (3)members shall expire in any one year.The appointments shall be made as follows:two (2)members with terms commencing at the time of appointment and expiring on June 30,1994;two (2) members with terms commencing at the time of appointment and expiring on June 30,1995;and three (3)members with terms commencing at the time of appointment and expiring on June 30,1996. Thereafter,upon the expiration of the term of office,all new appointments shall be appointed for full three-year terms,except that in the event of death,resignation or termination of a member the vacancy shall be filled by the Council for the unexpired term. The term of all members shall extend until their successors are qualified and appointed.Three successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the Council without the necessity of a hearing or notice,and such action shall be final. B.Voting membership of the Board shall be limited to individuals who meet the following criteria: i .Shall have no history,within three (3)years prior to appointment,of filing two (2)or more complaints against police employees or the police department. ii.Shall be a qualified elector with a minimum City residency of one (1)year. iii.Shall not be an active member or employee of any law enforcement agency,nor a member of the media. iv.At the time of appointment,shall have no financial or contractual affiliation with any City department,nor establish any such affiliation during their tenure. v.Shall not hold any publicly elected office for any special district,school district,county or state. vi.Shall not be a member of the City Personnel Board. ORDINANCE NO.870 PAGE THREE OF SEVEN Defeated by voters at Special Election of March 15, 1994. C.The members of the Board shall receive no salaries or other remuneration for their services in such capacity,and shall not be entitled to personal expenses incurred by them in the discharge of their official duties,except to the extent and purposes and amount such expenses are first authorized and approved in advance by Council. D.In addition to the seven (7)voting members,there shall be three (3)ex officio non -voting members who shall consist of the Mayor or one Council member appointed by the Mayor;an appointee of the City Manager who shall be a member of the City management staff,but can be neither the City Manager nor the Chief of Police;and an appointee of the Chief of the Police who shall be a member of the police department,but shall not be the Chief of Police. E.The Board shall elect a Chairman and Vice Chairman from among its voting members,who shall serve for one (1)year or until their successors are elected and qualified.The Chairman shall preside at all meetings.The Vice Chairman shall perform the duties of the Chairman in the absence of the Chairman.Vacancies created by any cause shall be filled for the unexpired term by a new election. F.A quorum shall consist of four (4)of the voting members for the transaction of all business. Sec.2-20-4 Duties and Functions The Citizen Review Board is hereby charged with the following duties and functions: A.Subject to the limitations contained in this article,to adopt rules and regulations relating to its duties and to meet at such times and places throughout the City as determined by the Board. B.To study,review and make recommendations to the Chief of Police through the City Manager concerning police policies and procedures consistent with the purpose and intent for which this Board was created. C.To make specific recommendations to the Chief of Police through the City Manager on actions that can be taken to improve relations between the police department and community. D.To recommend to the Chief of Police through the City Manager educational programs for both the public and the department. E.Subject to the provisions of Sections 2-20-4 and 2-20-5(D)herein, to use a specific incident or group of incidents as a vehicle for the examination of police policies and procedures. ORDINANCE 870 PAGE FOUR OF SEVEN Defeated by voters at Special Election of March 15, 1994. F.To request through the City Manager,the Chief of Police or representatives of the agencies comprising the criminal justice system to appear before the Board and submit documents to the Board relating to their operations in accordance with the appropriate provisions of law. G.To consult and seek advice with such persons or agencies as the Board deems necessary consistent with the purpose and intent for which this Board was created. H.To recommend procedures,programs and/or legislation to enhance cooperation between the community and the police department. I .To strive to strengthen and ensure throughout the community the application of the principle of equal protection under the law for all persons. J.At the request of the City Manager,assume and undertake such other tasks or duties as will facilitate the accomplishment of these goals and objectives,including but not limited to a review of actions taken by the police department in incidents which create community concern or controversy,subject to the provisions of Sections 2-20-4 and 2-20-5(0)herein. Section 2-20-5 Limitations of Powers Neither the Board nor any member thereof,except as otherwise provided by law,shall: A.Make any written or oral report of any Board activity to any individual or body other than to the City Manager or Chief of Police through the City Manager without prior authorization by Council. B.Investigate or review the conduct of individual police officers or disciplinary decisions of the police department,the City Manager, the Personnel Board and/or the Council.This Board shall not function in any fashion as to adjudicate,or make any attempt to adjudicate,individual citizen complaints against individual police officers or impose,or attempt to impose,any disciplinary action. C.Conduct any activity which might constitute or be construed as a quasi-judicial review of police actions. D.Conduct any activity which might constitute or be construed as establishing city policy. E.Violate the confidentiality of any information related to matters involving pending or forthcoming civil or criminal litigation.This includes the confidentiality of information related to or otherwise involving any personnel matters.This provision shall not be construed to create or otherwise extend any rights which do not otherwise exist in law. ORDINANCE NO.870 PAGE FIVE OF SEVEN Defeated by voters at Special Election of March 15, 1994. The activities of the Board at all times shall be conducted in accordance with all applicable federal,state and local laws,including the open meeting law and public records laws of the State of Arizona.Information available to the Board shall be governed by the provisions of A.R.S.§41- 1750 and subpart B of the federal regulations,28 CFR 20,as amended. Action in excess of the authority of the Board or in violation of the limitations set forth herein as determined by the Council shall result in automatic forfeiture of membership on the Board. Sec.2-20-6 Citizen Complaints A.Whenever an individual believes he or she has been the object of police misconduct,such individual may file a written complaint with the City on a form provided by the police department. 1.The complaint shall include the name of the complainant,and to the extent known,name of the law enforcement officer allegedly involved,and the time,place and circumstances involved in the incident.The complaint shall be signed by the complainant.The complaint shall also include an explanation of the conduct deemed to be wrongful. 2.Sufficient supplies of citizen complaint forms shall be readily available at the police department and at the Office of the City Clerk.These written complaint forms may be submitted in person or sent by mail to the police department or the Office of the City Clerk. B.Individuals who present oral complaints by telephone or in person to the City shall be instructed to fill out a written citizen complaint form.Upon request,a copy of the citizen complaint form will be mailed to the complainant at the address furnished. C.All written complaints will be transmitted to the City Manager and the police department.Complaints will be referred to the police department for investigation and determination pursuant to the police department policies and procedures.All matters involving discipline shall be conducted in accordance with the personnel policies of the City.Nothing in this article is to be construed as altering or amending police department policies and procedures,the personnel policies of the City and/or the procedures involved in the investigation,determination and resolution of complaints. D.The Board may review complaints concerning incidents which occur or have occurred after the effective date of this article in the following manner,subject to the provisions of 2-20-4,for the sole purpose of making recommendations to the Chief of Police through the City Manager concerning police department policies and procedures: ORDINANCE NO.870 PAGE SIX OF SEVEN Defeated by voters at Special Election of March 15, 1994. I .The Board will regularly review the number and types of complaints as filed with the City,.the findings,and the extent to which discipline resulted from the complaint. ii.The City Manager may refer an incident or a group of incidents as a vehicle for the examination of police department policies and procedures. ii i.The Board may review police department policies and procedures upon a request by a Council member,Board member,citizen, police department employee or the City Manager. SECTION I I REPEALING OF CONFLICTING ORDINANCES All ordinances and parts of ordinances and/or provisions of the Apache Junction City Code which are in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,sentence,phrase,clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 21ST DAY OF SEPTEMBER ,1993. SIGNED AND ATTESTED TO THIS 22ND om OF SEPTEMBER ATTEST: KATH LEE City c Ji G City AttorOey ORDINANCE NO.870 PAGE SEVEN OF SEVEN N PERKINS ayor ,1993.